[Congressional Record Volume 157, Number 191 (Tuesday, December 13, 2011)]
[House]
[Pages H8859-H8870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 2100
IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION REFORM AND MODERNIZATION
ACT OF 2011
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2105) to provide for the application of measures to
foreign persons who transfer to Iran, North Korea, and Syria certain
goods, services, or technology, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2105
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Statement of policy.
Sec. 3. Reports on proliferation relating to Iran, North Korea, and
Syria.
Sec. 4. Application of measures to certain foreign persons.
Sec. 5. Determination exempting a foreign person from the application
of certain measures.
Sec. 6. Restrictions on nuclear cooperation with countries aiding
proliferation by Iran, North Korea, or Syria.
Sec. 7. Identification of countries that enable proliferation to or
from Iran, North Korea, or Syria.
Sec. 8. Prohibition on United States assistance to countries assisting
proliferation activities by Iran, North Korea, or Syria.
Sec. 9. Restriction on extraordinary payments in connection with the
International Space Station.
Sec. 10. Exclusion from the United States of senior officials of
foreign persons who have aided proliferation relating to
Iran.
Sec. 11. Prohibition on certain vessels landing in the United States;
enhanced inspections.
Sec. 12. Sanctions with respect to critical defense resources provided
to or acquired from Iran, North Korea, or Syria.
Sec. 13. Definitions.
Sec. 14. Repeal of Iran, North Korea, and Syria Nonproliferation Act.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to fully
implement and enforce sanctions against Iran, North Korea,
and Syria for their proliferation activities and policies.
SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH
KOREA, AND SYRIA.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act and every 120 days thereafter, the
President shall transmit to the appropriate congressional
committees a report identifying every foreign person with
respect to whom there is credible information indicating that
such person--
(1) on or after January 1, 1999, transferred to or acquired
from Iran, on or after January 1, 2005, transferred to or
acquired from Syria, or on or after January 1, 2006,
transferred to or acquired from North Korea--
(A) goods, services, or technology listed on--
(i) the Nuclear Suppliers Group Guidelines for the Export
of Nuclear Material, Equipment and Technology (published by
the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions)
and Guidelines for Transfers of Nuclear-Related Dual-Use
Equipment, Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
(ii) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
(iii) the lists of items and substances relating to
biological and chemical weapons the export of which is
controlled by the Australia Group;
(iv) the Schedule One or Schedule Two list of toxic
chemicals and precursors the export of which is controlled
pursuant to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction; or
(v) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
[[Page H8860]]
(B) goods, services, or technology not listed on any list
specified in subparagraph (A) but which nevertheless would
be, if such goods, services, or technology were United States
goods, services, or technology, prohibited for export to
Iran, North Korea, or Syria, as the case may be, because of
the potential of such goods, services or technology to make a
material contribution to the development of nuclear,
biological, or chemical weapons, or of ballistic or cruise
missile systems or destabilizing types and amounts of
conventional weapons;
(2) except as provided in subsection (b), on or after the
date of the enactment of this Act, acquired materials mined
or otherwise extracted within the territory or control of
Iran, North Korea, or Syria, as the case may be, for purposes
relating to the nuclear, biological, or chemical weapons, or
ballistic or cruise missile development programs of Iran,
North Korea, or Syria, as the case may be;
(3) on or after the date of the enactment of this Act,
transferred to Iran, Syria, or North Korea goods, services,
or technology that could assist efforts to extract or mill
uranium ore within the territory or control of Iran, North
Korea, or Syria, as the case may be;
(4) on or after the date of the enactment of this Act,
provided to Iran, Syria, or North Korea destabilizing types
and amounts of conventional weapons and technical assistance;
or
(5) on or after the date of the enactment of this Act,
provided a vessel, insurance or reinsurance, or any other
shipping service for the transportation of goods to or from
Iran, North Korea, or Syria for purposes relating to the
nuclear, biological, or chemical weapons, or ballistic or
cruise missile development programs of Iran, North Korea, or
Syria, as the case may be.
(b) Exceptions.--Any foreign person who--
(1) was identified in a report transmitted in accordance
with subsection (a) on account of a particular transfer, or
(2) has engaged in a transfer on behalf of, or in concert
with, the Government of the United States,
shall not be identified on account of that same transfer in
any report submitted thereafter under this section, except to
the degree that new information has emerged indicating that
the particular transfer at issue may have continued, or been
larger, more significant, or different in nature than
previously reported under this section.
(c) Transmission in Classified Form.--If the President
considers it appropriate, reports transmitted in accordance
with subsection (a), or appropriate parts thereof, may be
transmitted in classified form.
(d) Content of Reports.--Each report required under
subsection (a) shall contain, with respect to each foreign
person identified in each such report, a brief description of
the type and quantity of the goods, services, or technology
transferred by such person to Iran, North Korea, or Syria,
the circumstances surrounding such transfer, the usefulness
to the nuclear, biological, or chemical weapons, or ballistic
or cruise missile development programs of Iran, North Korea,
or Syria of such transfer, and the probable awareness or lack
thereof of the transfer on the part of the government with
primary jurisdiction over such person.
(e) Additional Contents of Reports.--Each report under
subsection (a) shall contain a description, with respect the
transfer or acquisition of the goods, services, or technology
described in such subsection, of the actions taken by foreign
governments to assist in interdicting such transfer or
acquisition.
(f) Expediting Sanctions for Nuclear, Chemical, Biological
and Missile Proliferation Transfers to Iran.--
(1) In general.--Notwithstanding the requirement to submit
the report under subsection (a), the President shall
establish a process to assess information in the possession
of the President on an ongoing basis regarding possible
transfers to Iran of goods, services, or technology relating
to nuclear, chemical, or biological weapons or ballistic
missiles in accordance with the requirements of subsection
(a).
(2) Application of sanctions.--Upon a determination of the
President that credible information exists that a transfer
described in paragraph (1) has occurred, the President shall
apply the sanctions to the foreign person that made the
transfer in accordance with the requirements of section 4 of
this Act.
(g) Requirement for Plan To Expedite Implementation of
Reporting and Sanctions.--Not later than 180 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a plan,
to include any necessary legislation, to expedite the
implementation of this Act with regard to the reports
required under subsection (a) and the sanctions under section
4 of this Act.
SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) Application of Measures.--
(1) In general.--Subject to section 5, the President shall
apply, for a period of not less than two years, the measures
specified in subsection (b) with respect to each foreign
person identified in a report transmitted under section 3(a).
(2) Related persons.--Subject to section 5, the President
may apply, for a period of not less than two years, the
measures specified in subsection (b) with respect to one or
more of the following:
(A) Each person that is a successor, subunit, or subsidiary
of a foreign person referred to in paragraph (1).
(B) Each person that owns more than 50 percent of, or
controls in fact--
(i) a foreign person referred to in paragraph (1); or
(ii) a person described in subparagraph (A).
(b) Description of Measures.--The measures referred to in
subsection (a) are the following:
(1) Executive order 12938 prohibitions.--The measures
specified in the first sentence of subsection (b) and
subsections (c) and (d) of section 4 of Executive Order 12938
(50 U.S.C. 1701 note; relating to proliferation of weapons of
mass destruction) prohibiting any department or agency of the
United States Government from procuring, or entering into any
contract for the procurement of, any goods or services from
any foreign person described in subsection (a) of section 4
of Executive Order 12938.
(2) Arms export prohibition.--Prohibition on United States
Government sales to a person described in subsection (a) of
any item on the United States Munitions List and termination
of sales to such person of any defense articles, defense
services, or design and construction services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(3) Dual use export prohibition.--Denial of licenses and
suspension of existing licenses for the transfer to a person
described in subsection (a) of items the export of which is
controlled under the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.), as in effect pursuant to the
International Emergency Economic Powers Act, or the Export
Administration Regulations.
(4) Investment prohibition.--Prohibition on any investment
by a United States person in property, including entities,
owned or controlled by a person described in subsection (a).
(5) Financing prohibition.--Prohibition on any approval,
financing, or guarantee by a United States person, wherever
located, of a transaction by a person described in subsection
(a).
(6) Financial assistance prohibition.--Denial by the United
States Government of any credit, credit guarantees, grants,
or other financial assistance by any agency of the United
States Government to a person described in subsection (a).
(c) Effective Date.--Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign
person no later than--
(1) 90 days after the report identifying the foreign person
is submitted, if the report is submitted on or before the
date required by section 3(a);
(2) 90 days after the date required by section 3(a) for
submitting the report, if the report identifying the foreign
person is submitted within 60 days after that date; or
(3) on the date that the report identifying the foreign
person is submitted, if that report is submitted more than 60
days after the date required by section 3(a).
(d) Publication in Federal Register.--
(1) In general.--The Secretary of the Treasury shall
publish in the Federal Register notice of the application
against a person of measures pursuant to subsection (a).
(2) Content.--Each notice published in accordance with
paragraph (1) shall include the name and address (where
known) of each person to which measures have been applied
pursuant to subsection (a).
SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON FROM THE
APPLICATION OF CERTAIN MEASURES.
(a) In General.--The application of any measure described
in section 4(b) to a person described in section 4(a) shall
cease to be effective beginning 15 days after the date on
which the President determines and certifies to the
appropriate congressional committees, on the basis of
information provided by such person or otherwise obtained by
the President, that--
(1) in the case of a transfer or acquisition of goods,
services, or technology described in section 3(a)(1)--
(A) such person did not, on or after January 1, 1999,
knowingly transfer to or acquire from Iran, North Korea, or
Syria, as the case may be, such goods, services, or
technology the apparent transfer of which caused such person
to be identified in a report submitted pursuant to section
3(a);
(B) the goods, services, or technology the transfer of
which caused such person to be identified in a report
submitted pursuant to section 3(a) did not contribute to the
efforts of Iran, North Korea, or Syria, as the case may be,
to develop--
(i) nuclear, biological, or chemical weapons, or ballistic
or cruise missile systems, or weapons listed on the Wassenaar
Arrangement Munitions List of July 12, 1996, or any
subsequent revision of such List; or
(ii) destabilizing types or amounts of conventional weapons
or acquire technical assistance;
(C) such person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, such person was identified in a
report submitted pursuant to section 3(a) with respect to a
transfer of goods, services, or technology described in
section 3(a)(1)(A), and such transfer was made in accordance
with the guidelines and parameters of all such relevant
regimes of which such government is an adherent; or
(D) the government with primary jurisdiction over such
person has imposed meaningful penalties on such person on
account of
[[Page H8861]]
the transfer of such goods, services, or technology that
caused such person to be identified in a report submitted
pursuant to section 3(a);
(2) in the case of an acquisition of materials mined or
otherwise extracted within the territory of Iran, North
Korea, or Syria, as the case may be, described in section
3(a)(2) for purposes relating to the nuclear, biological, or
chemical weapons, or ballistic or cruise missile development
programs of Iran, North Korea, or Syria, as the case may be,
such person did not acquire such materials; or
(3) in the case of the provision of a vessel, insurance or
reinsurance, or another shipping service for the
transportation of goods to or from Iran, North Korea, or
Syria, as the case may be, described in section 3(a)(3) for
purposes relating to the nuclear, biological, or chemical
weapons, or ballistic or cruise missile development programs
of Iran, North Korea, or Syria, as the case may be, such
person did not provide such a vessel or service.
(b) Opportunity To Provide Information.--Congress urges the
President--
(1) in every appropriate case, to contact in a timely
fashion each person described in section 3(a), or the
government with primary jurisdiction over such person, in
order to afford such person, or such government, the
opportunity to provide explanatory, exculpatory, or other
additional information with respect to the transfer that
caused such person to be identified in a report submitted
pursuant to section 3(a); and
(2) to exercise the authority described in subsection (a)
in all cases in which information obtained from each person
described in section 3(a), or from the government with
primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
(c) Form of Transmission.--
(1) In general.--Except as provided in paragraph (2), the
determination and report of the President under subsection
(a) shall be transmitted in unclassified form.
(2) Exception.--The determination and report of the
President under subsection (a) may be transmitted in
classified form if the President certifies to the appropriate
congressional committees that it is vital to the national
security interests of the United States to do so.
SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH COUNTRIES
AIDING PROLIFERATION BY IRAN, NORTH KOREA, OR
SYRIA.
(a) In General.--
(1) Restrictions.--Notwithstanding any other provision of
law, on or after the date of the enactment of this Act--
(A) no agreement for cooperation between the United States
and the government of any country that is assisting the
nuclear program of Iran, North Korea, or Syria, or
transferring advanced conventional weapons or missiles to
Iran, North Korea, or Syria may be submitted to the President
or to Congress pursuant to section 123 of the Atomic Energy
Act of 1954 (42 U.S.C. 2153),
(B) no such agreement may enter into force with respect to
such country,
(C) no license may be issued for export directly or
indirectly to such country of any nuclear material,
facilities, components, or other goods, services, or
technology that would be subject to such agreement, and
(D) no approval may be given for the transfer or retransfer
directly or indirectly to such country of any nuclear
material, facilities, components, or other goods, services,
or technology that would be subject to such agreement,
until the President makes the determination and report under
paragraph (2).
(2) Determination and report.--The determination and report
referred to in paragraph (1) are a determination and report
by the President, submitted to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate, that--
(A) Iran, North Korea, or Syria, as the case may, has
ceased its efforts to design, develop, or acquire a nuclear
explosive device or related materials or technology; or
(B) the government of the country that is assisting the
nuclear programs of Iran, North Korea, or Syria, as the case
may be, or transferring advanced conventional weapons or
missiles to Iran, North Korea, or Syria, as the case may be--
(i) has suspended all nuclear assistance to Iran, North
Korea, or Syria, as the case may be, and all transfers of
advanced conventional weapons and missiles to Iran, North
Korea, or Syria, as the case may be; and
(ii) is committed to maintaining that suspension until
Iran, North Korea, or Syria, as the case may be, has
implemented measures that would permit the President to make
the determination described in subparagraph (A).
(b) Rules of Construction.--The restrictions described in
subsection (a)(1)--
(1) shall apply in addition to all other applicable
procedures, requirements, and restrictions described in the
Atomic Energy Act of 1954 and other applicable Acts;
(2) shall not be construed as affecting the validity of an
agreement for cooperation between the United States and the
government of a country that is in effect on the date of the
enactment of this Act; and
(3) shall not be construed as applying to assistance for
the Bushehr nuclear reactor, unless such assistance is
determined by the President to be contributing to the efforts
of Iran to develop nuclear weapons.
(c) Definitions.--In this section:
(1) Agreement for cooperation.--The term ``agreement for
cooperation'' has the meaning given that term in section 11
b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).
(2) Assisting the nuclear program of iran, north korea, or
syria.--The term ``assisting the nuclear program of Iran,
North Korea, or Syria'' means the intentional transfer to
Iran, North Korea, or Syria by a government, or by a person
subject to the jurisdiction of a government with the
knowledge and acquiescence of that government, of goods,
services, or technology listed on the Nuclear Suppliers Group
Guidelines for the Export of Nuclear Material, Equipment and
Technology (published by the International Atomic Energy
Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and
subsequent revisions), or the Nuclear Suppliers Group
Guidelines for Transfers of Nuclear-Related Dual-Use
Equipment, Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIR/254/Rev. 3/Part 2, and subsequent revisions).
(3) Country that is assisting the nuclear programs of iran,
north korea, or syria or transferring advanced conventional
weapons or missiles to iran, north korea, or syria.--The term
``country that is assisting the nuclear program of Iran,
North Korea, or Syria or transferring advanced conventional
weapons or missiles to Iran, North Korea, or Syria'' means
any country determined by the President to be assisting the
nuclear program of Iran, North Korea, or Syria or
transferring advanced conventional weapons or missiles to
Iran, North Korea, or Syria.
(4) Transfer.--The term ``transfer'' means the conveyance
of technological or intellectual property, or the conversion
of intellectual or technological advances into marketable
goods, services, or articles of value, developed and
generated in one place, to another through illegal or illicit
means to a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1)(A) of
the Export Administration Act of 1979 (as in effect pursuant
to the International Emergency Economic Powers Act; 50 U.S.C.
1701 et seq.), section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)), and section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), is a government that
has repeatedly provided support for acts of international
terrorism.
(5) Transferring advanced conventional weapons or missiles
to iran, north korea, or syria.--The term ``transferring
advanced conventional weapons or missiles to Iran, North
Korea, or Syria'' means the intentional transfer to Iran,
North Korea, or Syria by a government, or by a person subject
to the jurisdiction of a government with the knowledge and
acquiescence of that government, of goods, services, or
technology listed on--
(A) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions.
SEC. 7. IDENTIFICATION OF COUNTRIES THAT ENABLE PROLIFERATION
TO OR FROM IRAN, NORTH KOREA, OR SYRIA.
(a) Annual Report.--The President shall transmit to the
appropriate congressional committees and make available to
the public on an annual basis a report that identifies each
foreign country that allows one or more foreign persons under
the jurisdiction of such country to engage in activities
described in section 3 that are sanctionable under section 4
despite requests by the United States Government to the
government of such country to prevent such activities.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex if necessary.
SEC. 8. PROHIBITION ON UNITED STATES ASSISTANCE TO COUNTRIES
ASSISTING PROLIFERATION ACTIVITIES BY IRAN,
NORTH KOREA, OR SYRIA.
(a) In General.--The President shall prohibit assistance
(other than humanitarian assistance) under the Foreign
Assistance Act of 1961 and shall not issue export licenses
for defense articles or defense services under the Arms
Export Control Act to a foreign country the government of
which the President has received credible information is
assisting Iran, North Korea, or Syria in the acquisition,
development, or proliferation of weapons of mass destruction
or ballistic missiles.
(b) Resumption of Assistance.--The President is authorized
to provide assistance described in subsection (a) to a
foreign country subject to the prohibition in subsection (a)
if the President determines and notifies the appropriate
congressional committees that there is credible information
that the government of the country is no longer assisting
Iran, North Korea, or Syria in the acquisition, development,
or proliferation of weapons of mass destruction or ballistic
missiles.
(c) Definition.--In this section, the term ``assisting''
means providing material or financial support of any kind,
including purchasing of material, technology or equipment
from Iran, North Korea, or Syria.
SEC. 9. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION
WITH THE INTERNATIONAL SPACE STATION.
(a) Restriction.--
[[Page H8862]]
(1) In general.--Notwithstanding any other provision of
law, no agency of the United States Government may make
extraordinary payments in connection with the International
Space Station to the Russian Aviation and Space Agency, any
organization or entity under the jurisdiction or control of
the Russian Aviation and Space Agency, or any other
organization, entity, or element of the Government of the
Russian Federation, unless, during the fiscal year in which
such extraordinary payments are to be made, the President has
made the determination described in subsection (b), and
reported such determination to the Committee on Foreign
Affairs and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Waiver.--If the President is unable to make the
determination described in subsection (b) with respect to a
fiscal year in which extraordinary payments in connection
with the International Space Station are to be made, the
President is authorized to waive the application of paragraph
(1) on a case-by-case basis with respect to the fiscal year
if not less than 15 days prior to the date on which the
waiver is to take effect the President submits to the
appropriate congressional committees a report that contains--
(A) the reasons why the determination described in
subsection (b) cannot be made;
(B) the amount of the extraordinary payment to be made
under the waiver;
(C) the steps being undertaken by the United States to
ensure compliance by the Russian Federation with the
conditions described in subsection (b); and
(D) a determination of the President that the waiver is
vital to the national interests of the United States.
(b) Determination Regarding Russian Cooperation in
Preventing Proliferation Relating to Iran, North Korea, and
Syria.--The determination referred to in subsection (a) is a
determination by the President that--
(1) it is the policy of the Government of the Russian
Federation (including the law enforcement, export promotion,
export control, and intelligence agencies of such Government)
to oppose the proliferation to or from Iran, North Korea, and
Syria of weapons of mass destruction and missile systems
capable of delivering such weapons;
(2) the Government of the Russian Federation (including the
law enforcement, export promotion, export control, and
intelligence agencies of such Government) has demonstrated
and continues to demonstrate a sustained commitment to seek
out and prevent the transfer to or from Iran, North Korea,
and Syria of goods, services, and technology that could make
a material contribution to the nuclear, biological, or
chemical weapons, or of ballistic or cruise missile systems
development programs of Iran; and
(3) neither the Russian Aviation and Space Agency, nor any
organization or entity under the jurisdiction or control of
the Russian Aviation and Space Agency, has, during the one-
year period ending on the date of the determination under
this subsection made transfers to or from Iran, North Korea,
or Syria reportable under section 3(a) (other than transfers
with respect to which a determination pursuant to section 5
has been or will be made).
(c) Prior Notification.--Not less than five days before
making a determination under this section, the President
shall notify the Committee on Foreign Affairs and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Foreign Relations and
the Committee on Commerce, Science, and Transportation of the
Senate of the President's intention to make such a
determination.
(d) Written Justification.--A determination of the
President under this section shall include a written
justification describing in detail the facts and
circumstances supporting the President's conclusion.
(e) Transmission in Classified Form.--If the President
considers it appropriate, a determination of the President
under this section, a prior notification under subsection
(c), and a written justification under subsection (d), or
appropriate parts thereof, may be transmitted in classified
form.
(f) Exception for Crew Safety.--
(1) Exception.--The National Aeronautics and Space
Administration may make extraordinary payments in connection
with the International Space Station to the Russian Aviation
and Space Agency or any organization or entity under the
jurisdiction or control of the Russian Aviation and Space
Agency, or any subcontractor thereof, that would otherwise be
prohibited under this section if the President notifies
Congress in writing that such payments are necessary to
prevent the imminent loss of life of or grievous injury to
individuals aboard the International Space Station.
(2) Report.--Not later than 30 days after notifying
Congress that the National Aeronautics and Space
Administration will make extraordinary payments under
paragraph (1), the President shall transmit to Congress a
report describing--
(A) the extent to which the provisions of subsection (b)
had been met as of the date of notification; and
(B) the measures that the National Aeronautics and Space
Administration is taking to ensure that--
(i) the conditions posing a threat of imminent loss of life
of or grievous injury to individuals aboard the International
Space Station necessitating the extraordinary payments are
not repeated; and
(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life of or
grievous injury to individuals aboard the International Space
Station.
(g) Service Module Exception.--
(1) In general.--The National Aeronautics and Space
Administration may make extraordinary payments in connection
with the International Space Station to the Russian Aviation
and Space Agency, any organization or entity under the
jurisdiction or control of the Russian Aviation and Space
Agency, or any subcontractor thereof, that would otherwise be
prohibited under this section for the construction, testing,
preparation, delivery, launch, or maintenance of the Service
Module, and for the purchase (at a total cost not to exceed
$14,000,000) of the pressure dome for the Interim Control
Module and the Androgynous Peripheral Docking Adapter and
related hardware for the United States propulsion module,
if--
(A) the President has notified Congress at least five days
before making such payments;
(B) no report has been made under section 3(a) with respect
to an activity of the entity to receive such payment, and the
President has no credible information of any activity that
would require such a report; and
(C) the United States will receive goods or services of
value to the United States commensurate with the value of the
extraordinary payments made.
(2) Definition.--For purposes of this subsection, the term
``maintenance'' means activities that cannot be performed by
the National Aeronautics and Space Administration and which
must be performed in order for the Service Module to provide
environmental control, life support, and orbital maintenance
functions which cannot be performed by an alternative means
at the time of payment.
(3) Termination.--This subsection shall cease to be
effective on the date that is 60 days after the date on which
a United States propulsion module is in place at the
International Space Station.
(h) Exception.--No agency of the United States Government
may make extraordinary payments in connection with the
International Space Station, or any other payments in
connection with the International Space Station, to any
foreign person subject to measures applied pursuant to
section 4 of Executive Order 12938 (November 14, 1994), as
amended by Executive Order 13094 (July 28, 1998).
(i) Report on Certain Payments Related to International
Space Station.--
(1) In general.--The President shall, together with each
report submitted under section 3(a), transmit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that identifies each Russian entity or person to
whom the United States Government has, since November 22,
2005, made a payment in cash or in kind for work to be
performed or services to be rendered under the Agreement
Concerning Cooperation on the Civil International Space
Station, with annex, signed at Washington January 29, 1998,
and entered into force March 27, 2001, or any protocol,
agreement, memorandum of understanding, or contract related
thereto.
(2) Content.--Each report transmitted under paragraph (1)
shall include--
(A) the specific purpose of each payment made to each
entity or person identified in such report; and
(B) with respect to each such payment, the assessment of
the President that the payment was not prejudicial to the
achievement of the objectives of the United States Government
to prevent the proliferation of ballistic or cruise missile
systems in Iran and other countries that have repeatedly
provided support for acts of international terrorism, as
determined by the Secretary of State under section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), or section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)).
SEC. 10. EXCLUSION FROM THE UNITED STATES OF SENIOR OFFICIALS
OF FOREIGN PERSONS WHO HAVE AIDED PROLIFERATION
RELATING TO IRAN.
Except as provided in subsection (b), the Secretary of
State shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, any alien whom
the Secretary of State determines is an alien who, on or
after the date of the enactment of this Act, is a--
(1) corporate officer, principal, or shareholder with a
controlling interest of a foreign person identified in a
report submitted pursuant to section 3(a);
(2) corporate officer, principal, or shareholder with a
controlling interest of a successor entity to, or a parent or
subsidiary of, a foreign person identified in such a report;
(3) corporate officer, principal, or shareholder with a
controlling interest of an affiliate of a foreign person
identified in such a report, if such affiliate engaged in the
activities referred to in such report, and if such affiliate
is controlled in fact by the foreign person identified in
such report; or
(4) spouse, minor child, or agent of a person excludable
under paragraph (1), (2), or (3).
[[Page H8863]]
SEC. 11. PROHIBITION ON CERTAIN VESSELS LANDING IN THE UNITED
STATES; ENHANCED INSPECTIONS.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by adding at the end the following:
``SEC. 16. PROHIBITION ON CERTAIN VESSELS LANDING IN THE
UNITED STATES; ENHANCED INSPECTIONS.
``(a) Certification Requirement.--
``(1) In general.--Beginning on the date of enactment of
the Iran, North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011, before a vessel arrives at a port
in the United States, the owner, charterer, operator, or
master of the vessel shall certify that the vessel did not
enter a port in Iran, North Korea, or Syria during the 180-
day period ending on the date of arrival of the vessel at the
port in the United States.
``(2) False certifications.--The Secretary shall prohibit
from landing at a port in the United States for a period of
at least 2 years--
``(A) any vessel for which a false certification was made
under section (a); and
``(B) any other vessel owned or operated by a parent
corporation, partnership, association, or individual
proprietorship of the vessel for which the false
certification was made.
``(b) Enhanced Inspections.--The Secretary shall--
``(1) identify foreign ports at which vessels have landed
during the preceding 12-month period that have also landed at
ports in Iran, North Korea, or Syria during that period; and
``(2) inspect vessels arriving in the United States from
foreign ports identified under paragraph (1) to establish
whether the vessel was involved, during the 12-month period
ending on the date of arrival of the vessel at the port in
the United States, in any activity that would be subject to
sanctions under the Iran, North Korea, and Syria
Nonproliferation Reform and Modernization Act of 2011.''.
SEC. 12. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE RESOURCES
PROVIDED TO OR ACQUIRED FROM IRAN, NORTH KOREA,
OR SYRIA.
(a) In General.--The President shall apply the sanctions
described in subsection (b) to any person the President
determines is, on or after the date of the enactment of this
Act, providing to, or acquiring from, Iran, North Korea, or
Syria any good or technology that the President determines is
used, or is likely to be used, for military applications.
(b) Sanctions Described.--The sanctions described in this
subsection are, with respect to a person described in
subsection (a), the following:
(1) Foreign exchange.--Prohibiting any transactions in
foreign exchange that are subject to the jurisdiction of the
United States and in which that person has any interest.
(2) Banking transactions.--Prohibiting any transfers of
credit or payments between financial institutions or by,
through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of that person.
(3) Property transactions.--Prohibiting any person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, or exporting any property that is
subject to the jurisdiction of the United States and with
respect to which the person described in subsection (a) has
any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(4) Loan guarantees.--Prohibiting the head of any Federal
agency from providing a loan guarantee to that person.
(5) Additional sanctions.--Additional sanctions, as
appropriate, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
(c) Restrictions on Export Licenses for Nuclear Cooperation
and Certain Loan Guarantees.--Before issuing a license for
the exportation of any article pursuant to an agreement for
cooperation under section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153) or approving a loan guarantee or any
other assistance provided by the United States Government
with respect to a nuclear energy project, the Secretary of
Energy, the Secretary of Commerce, and the Nuclear Regulatory
Commission shall certify to Congress that issuing the license
or approving the loan guarantee or other assistance (as the
case may be) will not permit the transfer of any good or
technology described in subsection (a) to Iran, North Korea,
or Syria.
(d) Exception.--The sanctions described in subsection (b)
shall not apply to the repayment or other satisfaction of a
loan or other obligation incurred under a program of the
Export-Import Bank of the United States, as in effect as of
the date of the enactment of this Act.
SEC. 13. DEFINITIONS.
In this Act:
(1) Adherent to relevant nonproliferation regime.--A
government is an ``adherent'' to a ``relevant
nonproliferation regime'' if such government--
(A) is a member of the Nuclear Suppliers Group with respect
to a transfer of goods, services, or technology described in
section 3(a)(1)(A)(i);
(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 3(a)(1)(A)(ii), or is a party to a
binding international agreement with the United States that
was in effect on January 1, 1999, to control the transfer of
such goods, services, or technology in accordance with the
criteria and standards set forth in the Missile Technology
Control Regime;
(C) is a member of the Australia Group with respect to a
transfer of goods, services, or technology described in
section 3(a)(1)(A)(iii);
(D) is a party to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer
of goods, services, or technology described in section
3(a)(1)(A)(iv); or
(E) is a member of the Wassenaar Arrangement with respect
to a transfer of goods, services, or technology described in
section 3(a)(1)(A)(v).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(3) Extraordinary payments in connection with the
international space station.--The term ``extraordinary
payments in connection with the International Space Station''
means payments in cash or in kind made or to be made by the
United States Government--
(A) for work on the International Space Station which the
Government of the Russian Federation pledged at any time to
provide at its expense, or
(B) for work on the International Space Station, or for the
purchase of goods or services relating to human space flight,
that are not required to be made under the terms of a
contract or other agreement that was in effect on January 1,
1999, as such terms were in effect on such date,
except that such term does not mean payments in cash or in
kind made or to be made by the United States Government
before December 31, 2020, for work to be performed or
services to be rendered before such date necessary to meet
United States obligations under the Agreement Concerning
Cooperation on the Civil International Space Station, with
annex, signed at Washington January 29, 1998, and entered
into force March 27, 2001, or any protocol, agreement,
memorandum of understanding, or contract related thereto.
(4) Foreign person.--The term ``foreign person'' means--
(A) a natural person who is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, successor, subunit, or subsidiary
organized under the laws of a foreign country or that has its
principal place of business in a foreign country; and
(C)(i) any foreign government; or
(ii) any foreign government agency or entity.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result of such conduct, circumstance, or
result.
(6) Organization or entity under the jurisdiction or
control of the russian aviation and space agency.--
(A) Definition.--The term ``organization or entity under
the jurisdiction or control of the Russian Aviation and Space
Agency'' means an organization or entity that--
(i) was made part of the Russian Space Agency upon its
establishment on February 25, 1992;
(ii) was transferred to the Russian Space Agency by decree
of the Government of the Russian Federation on July 25, 1994,
or May 12, 1998;
(iii) was or is transferred to the Russian Aviation and
Space Agency or Russian Space Agency by decree of the
Government of the Russian Federation at any other time
before, on, or after March 14, 2000; or
(iv) is a joint stock company in which the Russian Aviation
and Space Agency or Russian Space Agency has at any time held
controlling interest.
(B) Extension.--Any organization or entity described in
subparagraph (A) shall be deemed to be under the jurisdiction
or control of the Russian Aviation and Space Agency
regardless of whether--
(i) such organization or entity, after being part of or
transferred to the Russian Aviation and Space Agency or
Russian Space Agency, is removed from or transferred out of
the Russian Aviation and Space Agency or Russian Space
Agency; or
(ii) the Russian Aviation and Space Agency or Russian Space
Agency, after holding a controlling interest in such
organization or entity, divests its controlling interest.
(7) Subsidiary.--The term ``subsidiary'' means an entity
(including a partnership, association, trust, joint venture,
corporation, or other organization) of a parent company that
controls, directly or indirectly, the other entity.
(8) Transfer or transferred.--The term ``transfer'' or
``transferred'', with respect to a good, service, or
technology, includes--
(A) the conveyance of technological or intellectual
property; and
(B) the conversion of technological or intellectual
advances into marketable goods,
[[Page H8864]]
services, or technology of value that is developed and
generated in one location and transferred to another location
through illegal or illicit means.
(9) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen or resident of the
United States; or
(B) an entity that is organized under the laws of the
United States or any State or territory thereof.
(10) Vessel.--The term ``vessel'' has the meaning given
such term in section 1081 of title 18, United States Code.
Such term also includes aircraft, regardless of whether or
not the type of aircraft at issue is described in such
section.
(11) Technical assistance.--The term ``technical
assistance'' means providing of advice, assistance, and
training pertaining to the installation, operation, and
maintenance of equipment for destabilizing types and forms of
conventional weapons.
SEC. 14. REPEAL OF IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
(a) Repeal.--The Iran, North Korea, and Syria
Nonproliferation Act (50 U.S.C. 1701 note) is repealed.
(b) References.--Any reference in a law, regulation,
document, or other record of the United States to the Iran,
North Korea, and Syria Nonproliferation Act shall be deemed
to be a reference to this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr.
Berman) each will control 20 minutes.
Mr. KUCINICH. Mr. Speaker, I rise to claim time in opposition.
The SPEAKER pro tempore. Does the gentleman from California favor the
motion?
Mr. BERMAN. I do support the motion, Mr. Speaker.
The SPEAKER pro tempore. On that basis the gentleman from Ohio will
control the 20 minutes in opposition.
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that the
gentleman from California (Mr. Berman) be allowed to control one-half
of the time in the affirmative.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
The SPEAKER pro tempore. The gentlewoman from Florida will control 10
minutes; the gentleman from California will control 10 minutes; and the
gentleman from Ohio will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. I ask unanimous consent that all Members may have 5
legislative days in which to revise and extend their remarks and
include extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of the Iran, North Korea, and Syria
Nonproliferation Reform and Modernization Act which I introduced,
together with the ranking member of the Foreign Affairs Committee's
Subcommittee on Terrorism, Nonproliferation, and Trade, my good friend
from California (Mr. Sherman). I would also like to thank the ranking
member of the full committee, the gentleman from California, for his
significant contributions to this legislation.
Mr. Speaker, Iran, North Korea, and Syria are key elements in an
expanding global proliferation network. North Korea has long been a
willing merchant of death for anyone with cash and has played a crucial
role in the development of Iran's nuclear and ballistic missile
program. But Iran is only one of many customers. In 2010, the U.N.
Security Council released a report saying that North Korea continues to
market and export its nuclear and ballistic technology. The most
prominent example of North Korea's proliferation activities is its
construction of the clandestine Syrian nuclear reactor that,
thankfully, was destroyed by an Israeli air strike in the year 2007.
Reports indicate that the reactor was based on a North Korean model
capable of producing plutonium for nuclear weapons and that the project
was financed by Iran.
But Syria's nuclear ambitions are apparently even greater than
suspected. Just last month, the International Atomic Energy Agency
reportedly identified a previously unknown nuclear facility in
northeastern Syria, indicating that the regime in Damascus may have
been pursuing two separate paths to a nuclear weapon, one based on
uranium enrichment and the other on reprocessing plutonium. One thing
is clear, as with the first nuclear facility, this second one could
only have been built with outside help. So it is obvious that once one
of these regimes gets its hands on weapons of mass destruction, they
will all have access; and then this deadly capacity is certain to
spread even further.
But the proliferation efforts of North Korea, Iran, and Syria are by
no means limited to nuclear weapons. Theirs is an active trade between
these countries and advanced conventional weapons as well, including
ballistic missiles. In the year 2010, an aircraft loaded with North
Korean conventional weapons was intercepted in Thailand, reportedly on
its way to Iran in violation of multiple Security Council resolutions
of the U.N. And there have been several interdictions of Iranian
weapons reportedly destined for Syria. Clearly these represent just the
tip of the iceberg.
These weapons are not intended to be placed in storage. They will be
used against us and against our allies. North Korea has continued to
violently assault our ally South Korea, repeatedly attacking its
military forces out of the blue and murdering civilians almost at will.
And it is throwing vast resources into developing weapons capable of
striking U.S. targets, the latest being a mobile intercontinental
ballistic missile which could eventually be added to its list of items
for sale.
We are witnessing the Syrian regime shooting down its own people in
the streets. Allowing President Assad and his thugs access to nuclear
technology could exponentially multiply his regime's ability to spread
destruction far beyond its borders.
We know that Iran has no problem striking down innocent people in
that country who dare to stand up to the regime. And Tehran continues
to be a leading state sponsor of terrorism, providing weapons, money,
and support to terrorist groups like Hamas, Hezbollah, and even al
Qaeda. This means that preventing any and every part of this
proliferation network from gaining access to the weapons they need to
threaten anyone is of utmost importance.
Iran, North Korea, and Syria are not just helping each other. Much of
the progress they have achieved on the array of weapons programs is
thanks to the assistance from other foreign sources. The most recent
report of the IAEA on Iran revealed that Iran has been engaged in
extensive efforts to develop nuclear weapons and that these efforts
include acquiring equipment, materials, and information related to
nuclear weapons development. It has stated that Iran has also actively
been working on a design for a nuclear weapon, including testing
components.
Finally, the IAEA report revealed that Iran has received crucial help
on its nuclear weapons design from foreign experts. Just 2 weeks ago,
on December 2, Russian officials were quoted in news reports admitting
that Russia had supplied Syria's Assad with cruise missiles. According
to the news reports: ``Israel fears the cruise missiles could fall into
the hands of Hezbollah militants in neighboring Lebanon.'' Just think
of all of the countries that have been named in these short remarks.
China is not far behind, as a recent report of the U.S.-China
Economic and Security Review Commission indicates. The China Commission
report emphasizes the enormous damage to U.S. interests being done by
China's massive sale of weapons to Iran, including short-range cruise
missiles.
H.R. 2105 seeks to cut off the supply networks to Iran, to Syria, and
to North Korea. It updates and strengthens measures to prevent the
proliferation of goods, services, or technology relating to nuclear,
biological, chemical, and other advanced weapons, such as ballistic
missiles. It expands sanctions on individuals, on businesses, on
countries engaged in assisting proliferation, embracing financial
transactions, properties, and visas, among many other penalties.
It also imposes restrictions on nuclear cooperation with countries
that are assisting the nuclear programs of Iran, North Korea, or Syria
because no country that is helping an enemy of
[[Page H8865]]
the United States should receive any help from us.
But it is not enough to put these laws on the books. They must be
fully implemented and consistently enforced if they are to have the
intended effect. I call upon the President to use the tools that
Congress is giving to him to stop these countries from spreading their
instruments of destruction even further. North Korea has already
detonated two nuclear devices. Iran is getting closer to a nuclear
weapon every day. Syria is following in its footsteps. Their stockpiles
of weapons of mass destruction are growing, as their ballistic missile
capabilities are growing. And their arsenals of other advanced weapons
are being made available to enemies of the U.S. and its allies. We must
act decisively to end this threat before it spreads even further.
Mr. Speaker, I would like to place in the Record my correspondence
and joint statements with the chairmen of other committees of referral
on this bill.
House of Representatives,
Committee on the Judiciary,
Washington, DC, November 4, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, House Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: I am writing concerning H.R.
2105, the ``Iran, North Korea, and Syria Nonproliferation
Reform and Modernization Act of 2011,'' which the Committee
on Foreign Affairs reported favorably. As a result of your
having consulted with us on provisions in H.R. 2105 that fall
within the Rule X jurisdiction of the Committee on the
Judiciary, we are able to agree to discharging our Committee
from further consideration of this bill in order that it may
proceed expeditiously to the House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 2105 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 2105, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 4, 2011.
Hon. Lamar Smith,
Chairman, House Committee on the Judiciary, Washington, DC.
Dear Chairman Smith: Thank you for your letter concerning
H.R. 2105, the Iran, North Korea, and Syria Nonproliferation
Reform and Modernization Act of 2011, and for your agreement
to discharge the Committee on the Judiciary from further
consideration of this bill so that it may proceed
expeditiously to the House floor.
I am writing to confirm our mutual understanding that, by
forgoing consideration of H.R. 2105 at this time, you are not
waiving any jurisdiction over the subject matter in that bill
or similar legislation. I look forward to continuing to
consult with your Committee as such legislation moves ahead,
and would be glad to support a request by your Committee for
conferees to a House-Senate conference on this, or any
similar, legislation.
I will seek to place a copy of our exchange of letters on
this matter into the Congressional Record during floor
consideration of H.R. 2105
Sincerely,
Ileana Ros-Lehtinen,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, November 9, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: I write concerning H.R. 2105,
the ``Iran, North Korea, and Syria Nonproliferation Reform
and Modernization Act of 2011.'' As you know, the Committee
on Transportation and Infrastructure also received a referral
on H.R. 2105 when the bill was introduced on June 3, 2011. As
a result of your consultation with me on provisions in H.R.
2105 that fall within the Rule X jurisdiction of the
Committee on Transportation and Infrastructure, we will forgo
Committee action on the bill.
The Committee on Transportation and Infrastructure takes
this action with our mutual understanding that by for going
consideration of H.R. 2105 at this time, we do not waive any
jurisdiction over subject matter contained in this or similar
legislation, and that our Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues in
our jurisdiction. The Committee on Transportation and
Infrastructure also reserves the right to seek appointment of
an appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 2105, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Sincerely,
John L. Mica,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 9, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: thank you for your cooperation with the
Foreign Affairs Committee regarding H.R. 2105, the Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011.
I am writing to confirm the agreement between the Foreign
Affairs Committee and the Transportation and Infrastructure
Committee regarding the final text of those sections of H.R.
2105 which the Parliamentarian has indicated involve the
jurisdiction of your Committee. In agreeing to waive
consideration of that bill, this Committee understands that
the Transportation and Infrastructure Committee is not
waiving jurisdiction over the relevant provisions in that
bill or any other related matter. I will seek to place a copy
of this letter and your response in the Congressional Record
during floor consideration of the bill.
Thank you again for your consideration and assistance in
this matter.
Sincerely,
Ileana Ros-Lehtinen,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, November 10, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: I am writing to you regarding
H.R. 2105, the Iran, North Korea, and Syria Nonproliferation
Reform and Modernization Act of 2011. This legislation was
initially referred to the Committee on Foreign Affairs, and
in addition to the Committee on Science, Space, and
Technology (among others). The bill contains provisions that
fall within the jurisdiction of the Committee on Science,
Space, and Technology.
H.R. 2105 has been marked up by the Committee on Foreign
Affairs. Based on discussions that the staff of our two
committees have had regarding this legislation and in the
interest of permitting your Committee to proceed
expeditiously to floor consideration of this important
legislation, I am willing to waive further consideration of
this bill. I do so with the understanding that by waiving
consideration of the bill, the Committee on Science, Space,
and Technology does not waive any future jurisdictional claim
of the subject matters contained in the bill which fall
within its Rule X jurisdiction.
Additionally, the Committee on Science, Space, and
Technology expressly reserves its authority to seek conferees
on any provision within its jurisdiction during any House-
Senate conference that may be convened on this, or any
similar legislation. I ask for your commitment to support any
request by the Committee for conferees on H.R. 2105, as well
as any similar or related legislation.
Further, I ask that a copy of this letter and your response
be included in the report on H.R. 2105 and in the
Congressional Record during consideration of this bill.
I would also like to take this opportunity to thank you for
the positive negotiations between our Committees, the result
is an improved bill. I look forward to working with you as
this important measure moves through the legislative process.
Sincerely,
Ralph M. Hall,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 9, 2011.
Hon. Ralph M. Hall,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Hall: Thank you for your cooperation with the
Foreign Affairs Committee regarding H.R. 2105, the Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011.
I am writing to confirm the agreement between the Foreign
Affairs Committee and the Science, Space, and Technology
Committee regarding the final text of those sections of H.R.
2105 which the Parliamentarian has indicated involve the
jurisdiction of your Committee. In agreeing to waive
consideration of that bill, this Committee understands that
the Science, Space, and Technology Committee is not waiving
jurisdiction over the relevant provisions in that bill or any
other related matter. I will seek to place a copy of this
letter and your response in the Congressional Record during
floor consideration of the bill.
[[Page H8866]]
Thank you again for your consideration and assistance in
this matter.
Sincerely,
Ileana Ros-Lehtinen,
Chairman.
____
Joint Statement of Chairman Ros-Lehtinen of the Committee on Foreign
Affairs and Chairman Hall of the Committee on Science, Space, and
Technology on H.R. 2105, the ``Iran, North Korea, and Syria
Nonproliferation Reform and Modernization Act of 2011''
The Committee on Foreign Affairs and the Committee on
Science, Space, and Technology affirm the national policy of
fully utilizing the International Space Station and recognize
the role of international partners in sustaining that
enterprise. Consistent with Public Law 111-267, the
``National Aeronautics and Space Administration Authorization
Act of 2010'', the Committees support the national policy of
relying on, and fostering development of, United States'
owned and operated cargo and crew services to the
International Space Station, including those provided by
commercial carriers, where such services exist and are
certified for flight by the appropriate agencies.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 16, 2011.
Hon. Darrell E. Issa,
Chairman, Committee on Oversight and Government Reform,
Washington, DC.
Dear Chairman Issa: Thank you for your cooperation with the
Foreign Affairs Committee regarding H.R. 2105, the Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011.
I am writing to confirm the agreement between the Foreign
Affairs Committee and the Oversight and Government Reform
Committee regarding the final text of those sections of H.R.
2105 which the Parliamentarian has indicated involve the
jurisdiction of your Committee. In agreeing to waive
consideration of that bill, this Committee understands that
the Oversight and Government Reform Committee is not waiving
jurisdiction over the relevant provisions in that bill or any
other related matter. I will seek to place a copy of this
letter and your response in the Congressional Record during
floor consideration of the bill. Additionally, I will support
your request for an appropriate appointment of outside
conferees from your Committee in the event of a House-Senate
conference on this or similar legislation should such a
conference be convened.
Thank you again for your consideration and assistance in
this matter.
Sincerely,
Ileana Ros-Lehtinen,
Chairman.
____
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, November 18, 2011.
Hon. Ileana Ros-Lehtinen,
Chairwoman, Committee on Foreign Affairs, Washington, DC.
Dear Madam Chairwoman: Thank you for your letter concerning
H.R. 2105, the Iran, North Korea and Syria Non-proliferation
Reform and Modernization Act of 2011. I concur in your
judgment that provisions of the bill are within the
jurisdiction of the Oversight and Government Reform
Committee.
I am willing to waive this committee's right to consider
the bill. In so doing, I do not waive its jurisdiction over
the subject matter of the bill. I appreciate your commitment
to insert this exchange of letters into the committee report
and the Congressional Record, and your support for outside
conferees from the Committee should a conference be convened.
Sincerely,
Darrell Issa,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, November 23, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: I am writing concerning H.R.
2105, the Iran, North Korea, and Syria Nonproliferation
Reform and Modernization Act of 2011. Based on the agreement
made by the staff of our two committees regarding H.R. 2105
and in the interest of permitting your Committee to proceed
expeditiously with the bill, I am willing to forego at this
time the consideration of provisions in this bill that fall
under the jurisdiction of the Committee on Financial Services
under Rule X of the Rules of the House of Representatives.
The Committee on Financial Services takes this action with
our mutual understanding that by foregoing consideration of
H.R. 2105 at this time, we do not waive any jurisdiction over
the subject matter contained in this or similar legislation,
and that our Committee will be appropriately consulted and
involved as the bill or similar legislation moves forward.
Our Committee reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such requests.
Further, I ask that a copy of our exchange of letters on
this matter be included in the Congressional Record during
floor consideration of this bill. I look forward to working
with you as this important measure moves through the
legislative process.
Sincerely,
Spencer Bachus,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 23, 2011.
Hon. Spencer Bachus,
Chairman, Committee on Financial Services, Washington, DC.
Dear Chairman Bachus: Thank you for your cooperation with
the Foreign Affairs Committee regarding H.R. 2105, the Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011.
I am writing to confirm the agreement between the Foreign
Affairs Committee and your Committee regarding the final text
of those sections of H.R. 2105 which the Parliamentarian has
indicated involve the jurisdiction of your Committee. In
agreeing to waive consideration of that bill, this Committee
understands that your Committee is not waiving jurisdiction
over the relevant provisions in that bill or any other
related matter. I will seek to place a copy of this letter
and your response in the Congressional Record during floor
consideration of the bill. Additionally, I will support your
request for an appropriate appointment of outside conferees
from your Committee in the event of a House-Senate conference
on this or similar legislation should such a conference be
convened.
Thank you again for your consideration and assistance on
this matter.
Sincerely,
Ileana Ros-Lehtinen,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, December 5, 2011.
Hon. Ileana Ros-Lehtinen,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Ros-Lehtinen: I am writing regarding H.R.
2105, the ``Iran, North Korea, and Syria Nonproliferation
Reform and Modernization Act of 2011,'' which was favorably
reported out of your Committee on November 2, 2011. I commend
you on your efforts to make sure that the United States is
better able to address the critical threats that Iran, North
Korea, and Syria pose.
There have been productive conversations between the staffs
of our Committees, during which we have proposed changes to
provisions within the jurisdiction of the Committee on Ways
and Means in the bill to clarify the intent and scope of the
bill with respect to compliance with U.S. international trade
obligations, thereby reducing our exposure to trade sanctions
and retaliation against our exporters. I believe that
compliance with our trade obligations makes for a more
credible U.S. response to Iran's behavior and helps us
develop a stronger multilateral response to Iran.
Accordingly, I appreciate your commitment to address the
concerns raised by the Committee on Ways and Means in
sections 4 and 10 in H.R. 2105.
Assuming these issues are resolved satisfactorily, in order
to expedite floor consideration of the bill, the Committee on
Ways and Means will forgo action on H.R. 2105. Further, the
Committee will not oppose the bill's consideration on the
suspension calendar, based on our understanding that you will
work with the Committee as the legislative process moves
forward in the House of Representatives and in the Senate, to
ensure that the Committee's concerns continue to be
addressed. This is also being done with the understanding
that it does not in any way prejudice the Committee with
respect to the appointment of conferees or its jurisdictional
prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 2105, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration.
Sincerely,
Dave Camp,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, December 5, 2011.
Hon. Dave Camp,
Chairman, Committee on Ways and Means, Washington, DC.
Dear Chairman Camp: Thank you for your cooperation with the
Foreign Affairs Committee regarding H.R. 2105, the Iran,
North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011.
I am writing to confirm the agreement between the Foreign
Affairs Committee and the Committee on Ways and Means
regarding the final text of those sections of 2105 which the
Parliamentarian has indicated involve the jurisdiction of
your Committee. In agreeing to waive consideration of that
bill, this Committee understands that the Committee on Ways
and Means is not waiving jurisdiction over the relevant
provisions in that bill or any other related matter. I will
seek to place a copy of this letter and your response in the
Congressional Record during floor consideration of the bill.
Additionally, I will support your request for an appropriate
appointment of outside conferees from your Committee in the
event of a House-Senate conference on this or similar
legislation should such a conference be convened.
[[Page H8867]]
Thank you again for your consideration and assistance in
this matter.
Sincerely,
Ilena Ros-Lehtinen,
Chairman.
I strongly urge my colleagues to support this bill, and I reserve the
balance of my time.
Mr. KUCINICH. Mr. Speaker, I yield myself such time as I may consume.
We're rapidly moving from Iran sanctions to sanctioning the world
here.
I stand in support of nonproliferation. I think that this country
should be leading the world towards nuclear abolition. Let us not
forget that when the Soviet Union fell, there was one country that got
rid of its nuclear weapons, Ukraine.
{time} 2110
And Ukraine today, while there are political problems there, they
still stand strong as a nation among nations for having taken that
direction.
We need to be encouraging all of the nations of the world to get rid
of their nuclear weapons. But if we don't do that and we instead say:
We will keep our nuclear weapons, and half a dozen other nations and
more can keep their nuclear weapons, but you, you, you and you, you
cannot have nuclear weapons, actually what we're doing is we're setting
the stage for more proliferation. It is the inconsistent U.S. policy on
nuclear proliferation that has actually brought us to this moment.
So I have a great deal of sympathy for my colleagues who don't want
to see more nuclear proliferation among certain nations, but I would
ask them to join me in taking a stand for nuclear abolition among all
nations.
I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I yield myself 2 minutes.
INKSNA, enacted in the year 2000, has forced the United States
Government to review all intelligence for credible evidence regarding
sensitive transfers of goods and services related to WMD, missiles, or
conventional weapons, and made such transfers sanctionable acts.
While the reports required by INKSNA are 2 years behind schedule--an
ongoing problem that has plagued successive administrations--we have
frequently seen new rounds of sanctions against companies and
individuals who are more interested in making a buck than in protecting
global security interests.
The specific details of sanctioned transfers are classified. Press
reports, however, indicate that INKSNA sanctions have been imposed, for
example, on Chinese entities for selling carbon fiber and pressure
transducers which could assist Iran in building more advanced gas
centrifuges. Multiple Russian, Chinese, and even European weapons
exporters have been sanctioned, presumably for the transfer of arms to
Iran and Syria, and Chinese chemical supply companies have been
repeatedly sanctioned.
I'd like to thank the chairman for agreeing to include my amendment
to further strengthen INKSNA. This amendment requires the
administration to develop a special mechanism to speed up the process
of imposing sanctions regarding transfers of sensitive technology
related to weapons of mass destruction or ballistic missiles to Iran.
In addition, the amendment requires the President to publicly
identify those countries that are allowing such transfers of sensitive
technology to occur, despite repeated requests by the U.S. Government
to prevent such activities. I would expect China would be listed on the
first report as a government that directly, indirectly, or through
inaction, enables its firms to engage in sensitive transfers to Iran,
Syria, or North Korea.
Mr. Speaker, I support this bill and urge my colleagues to do the
same, and I reserve the balance of my time.
Mr. KUCINICH. Mr. Speaker, I will once again yield time to a
colleague who I may disagree with, but he is entitled to 3 minutes, and
I will yield 3 minutes to the gentleman from California (Mr. Sherman).
Mr. SHERMAN. I thank the gentleman from Ohio for his generosity,
especially because he will probably disagree with most of what I have
to say.
As to the consistency of America's nonproliferation policy, I believe
we are consistent. We are consistent with the nonproliferation treaty,
which I believe is the most important peace treaty of our lifetime. It
identifies five states as nuclear states. Three major nations in this
world did not sign and do not benefit from the treaty. But Iran, North
Korea, and Syria all agreed, as non-nuclear states, agreed not to
develop nuclear weapons, and all of them have violated that agreement.
I want to commend Chairman Ros-Lehtinen for putting forward this
outstanding bill, one of the toughest nonproliferation bills ever to
come before Congress. I am the lead Democratic cosponsor of this bill,
and I want to thank her for the opportunity to work with her on this
important legislation.
Iran, Syria, and North Korea are proliferators of nuclear weapons
technology, and work together to threaten U.S. interests and allies
around the globe.
This bill includes an important provision that I put forward in a
bill that I introduced in May of 2009. That is, it poses sanctions
against those firms that provide North Korea, Iran, or Syria with
equipment or technology relevant to mining or milling uranium. Iran in
particular is facing a uranium shortage, and has been searching for
foreign sources of uranium as well as trying to improve its own
domestic capacity to mine uranium. Under this bill, anyone who assists
that effort would be subject to penalties.
This bill includes other very important provisions. The U.S.-China
Economic Security Review Commission identified a loophole in current
law that arguably exempts from sanctions Chinese companies that are
providing short-range, anti-naval cruise missiles to Iran. I think it
is critically important that we protect our naval crews, especially
when Iran has recently conducted exercises to game the possibility of
shutting the Strait of Hormuz, which is so critical to world oil
supplies. We need to do everything we can in this Congress to protect
our naval crews from Iranian weapons acquired from China.
Also, following on the shipping sanctions that have been put into
place against Iranian shipping firms, this bill would go further. It
effectively bars from any U.S. port any ship that has visited North
Korea, Iran, or Syria in the last 2 years.
The bill would also close a loophole in existing sanctions. It would
require that sanctions be imposed on the parent entity when one of its
subsidiaries engages in sanctionable activity.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. KUCINICH. I yield the gentleman an additional minute.
Mr. SHERMAN. I thank the gentleman.
Again, this is one of the strongest, perhaps the strongest
nonproliferation bill to come before Congress, and I urge its adoption.
Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time,
and I reserve the balance of my time to close.
Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to my
friend from New York, the ranking member of the Western Hemisphere
Subcommittee of the Foreign Affairs Committee, Mr. Engel.
Mr. ENGEL. I thank my friend for yielding time to me.
I rise in strong support of H.R. 2105, the Iran, North Korea, and
Syria Nonproliferation Reform and Modernization Act of 2011.
Madam Chair, many years ago we sponsored legislation to slap
sanctions on Syria. I'm sorry to say we were clairvoyant, but here it
is nearly 10 years later, and some things never change. So here we are
back again when Syria is murdering its own people, saying that we were
right back in 2003 and 2004, and sanctions are what is necessary in
order to prevent this regime from murdering its own people and
threatening others with destruction. And so I'm happy to join with you
and Mr. Berman in doing this.
When nuclear, chemical, or biological weapons get in the hand of
regimes which lead these rogue states, it's not only a danger to the
U.S., it is a danger to all our allies in the Middle East, Asia, and
around the world.
What this important bill does is it strengthens existing U.S.
sanctions against foreign entities that provide nuclear, chemical, or
biological weapons components to Iran, North Korea, and Syria. When
Israel destroyed a
[[Page H8868]]
Syrian facility, we found that that facility was planned and arranged
and done by North Korea. So there is this collusion of these rogue
regimes all throughout the world.
Importantly, for the first time, this bill imposes sanctions on
foreign entities that provide to or acquire from these countries any
goods or technology that could be used for military applications. So I,
therefore, strongly support this bill in the hope that we can prevent
Iran, Syria, and North Korea from getting their hands on more
unconventional weapons.
And I say again, people say Republicans and Democrats can't agree on
anything. This is something that we agree on because we understand that
it is not only a threat to the United States, but it's a threat to the
entire world when these rogue regimes have these kinds of weapons of
mass destruction.
{time} 2120
Mr. KUCINICH. Mr. Speaker, I yield myself such time as I may consume.
The Congressional Quarterly House Action Report on this legislation
states the following: that the measure, however, exempts such
restrictions for assistance for the Bashir nuclear reactor in Iran
which is being developed with the aid of Russian entities unless the
President determines such assistance is contributing to Iran's
development of nuclear weapons.
Now, that is very interesting because what that means is that it is
not axiomatic that the mere presence of nuclear power capability
necessarily means that Iran is developing nuclear weapons. As a matter
of fact, you wouldn't have that provision unless the President had the
authority to be able to make a finding with respect to the development
of nuclear weapons by Iran.
I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to a
former member of the House Foreign Affairs Committee and member of the
Appropriations Committee, the gentleman from California (Mr. Schiff).
Mr. SCHIFF. I thank the gentleman for yielding, and I want to thank
the chair and ranking member for all the leadership on this issue.
I rise in support of both the Iran Threat Reduction Act as well as
the Iran, North Korea, and Syria Nonproliferation Reform and
Modernization Act. Both of these bills have at their heart and core the
same purpose, and that is to prevent some of the most dangerous,
terrorism-sponsoring and proliferating nations--nations like Iran,
North Korea, and Syria--from obtaining a nuclear weapons capability or
proliferating that capability.
Now, why is that so important? Well, in the case of Iran, Iran's
acquisition of the bomb would empower that dictatorial regime to carry
out what it has threatened to do, that is, to potentially wipe Israel
off the face of the map. It would also, I think, very likely result in
a nuclear arms race in the Middle East.
And I believe that we will be judged as a country and as a Congress
on whether we take every possible step, every diplomatic step, every
step through sanctions to prevent Iran from acquiring the bomb and all
the potentially disastrous consequences that could have. And this
legislation, by particularly going after Iran's Central Bank, will be
the most devastating of all economic sanctions on Iran.
We saw the concern manifest in Iran when Britain passed similar
sanctions. Plainly, they are terrified of the impact this would have.
This is the strongest leverage we could bring against Iran's nuclear
program, and I strongly urge its passage.
We also have a deep national security interest in going after any
potential proliferation of nuclear materials and technology. We have
already seen in Syria a dictator's willingness to murder thousands of
his own people. We have also seen a regime in Damascus willing to
engage in a surreptitious nuclear program in violation of international
law and agreement.
I urge passage of both bills.
Mr. KUCINICH. Could I ask how much time remains?
The SPEAKER pro tempore. The gentleman from Ohio has 14\1/4\ minutes;
the gentleman from California has 4 minutes remaining; and the
gentlewoman from Florida has 2\1/2\ minutes remaining.
Mr. KUCINICH. I yield myself such time as I may consume.
Dr. Robert Pape from Harvard's Journal of International Security has
been quoted as saying the following: Sanctions have failed to achieve
their objectives in 95.7 percent of cases since World War I, and
sanctions are more than three times more likely to end in military
conflict than success.
So what we have here is that sanctions inevitably equal a failure of
diplomacy, and war becomes a failure of sanctions. So we must ask
ourselves, while we stand here for nonproliferation, something that I
agree with, how do we stop the nonproliferation of war? Particularly,
how do we forestall any possibility of a nuclear war?
Now, Lawrence Korb was the Assistant Secretary of Defense in the
Reagan administration, and he serves now as a senior fellow at the
Center for American Progress. Last month, he submitted an article to
the Plain Dealer in Cleveland, and I want to quote from it because it's
relevant not only to this debate, but it is relevant to the economic
stress this country is feeling right now.
He says that since the second term of the Reagan administration,
nuclear weapons have been of declining strategic relevance, but our
budget barely reflects that. Our country is slated to spend $700
billion over the next 10 years on nuclear weapons programs. This is
unsustainable, a directionless budget driven in large part by inertia
and the pressure from Members of Congress to preserve programs in their
own States at the expense of the country as a whole. Military leaders
agree that spending on these programs is disconnected from a strategic
vision and that we are at risk of wasting a vast amount of money.
General James Cartwright, former Vice Chairman of the Joint Chiefs of
Staff, has argued we haven't really exercised the mental gymnastics,
the intellectual capital on what is required for nuclear deterrence
yet. I'm pleased that it's starting.
Other leaders from the Pentagon have also identified nuclear weapons
programs as an area to make cuts. The commander of the U.S. Strategic
Command, General Robert Kehler, has pointed to the unsustainability of
this spending. We're not going to be able to go forward, he said, with
weapons systems that cost what weapons systems cost today. A case in
point is a long-range strike bomber; a case in point is the Trident
submarine replacement. The list goes on.
The savings to the American taxpayer could be considerable. The long-
range penetrating bomber will cost $50 billion over the next 10 years
and fills no need that isn't already filled by our existing fleet of B-
52 and B-2 bombers.
Rightsizing our fleet of nuclear-armed Trident subs to eight or fewer
from 12 and building no more than eight new nuclear-armed subs would
save approximately $26 billion over the next decade and help close the
budget deficit and reduce Russia's incentive to maintain a large
nuclear arsenal in the bargain, and we will still have a nuclear
arsenal vastly superior to any other and remain a deterrent capacity
second to none. Fiscal conservatives have also targeted the nuclear
weapons budget as a clear area for cuts.
Senator Tom Coburn voted against the new START arms control treaty
last December but now advocates spending cuts that would lower the
number of nuclear weapons below new START numbers.
The point is that, far from saying we shouldn't have other nations
proliferating, we should start with ourselves here. Let's start cutting
back these nuclear programs. Let's take a stand that all nations should
get rid of their nuclear weapons. Let's move forward to see what a
world would like look like without nuclear weapons instead of just
saying, well, there are some nations that shouldn't have nuclear
weapons.
Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Ohio has 9\3/4\ minutes.
Mr. KUCINICH. I yield myself an additional 5 minutes.
One of the most troubling aspects of this legislation is, and it may
be the area of the legislation that has not received much attention but
it needs to have attention right now, and that is
[[Page H8869]]
that this legislation puts this country at odds with Russia in a way
that I think is actually against the interests of world peace. It goes
on to call out the Russian Federation specifically with respect to
saying that they're assisting these nuclear programs. This really, in a
sense, is a confession of how far away we've gone from the mark of
START I and START II, about how far we've gone away from that time when
President Reagan met with Premier Gorbachev to talk about what we can
do to start to build down these nuclear weapons.
I remember when Vladimir Putin, who is now being reviled, when
Vladimir Putin made the offer to President George W. Bush to start to
get rid of nuclear weapons, and, unfortunately, his efforts were
rebuffed.
{time} 2130
We should be engaging Russia directly on getting rid of nuclear
weapons. Instead, what we have here is a restriction on payments in
connection with the International Space Station. That's in here. You
know, remember, the International Space Station was the centerpiece of
U.S.-Russia cooperation. We held that out as proving that we could work
together on Earth as it is in heaven. We showed that that space station
was a platform for cooperation and peace between Russia and the United
States.
What we're doing here is we're saying in effect that all
extraordinary payments in connection with the International Space
Station to Russian Aviation and Space Agency, any organization or
entity under the jurisdiction or control of Russian Aviation and Space
Agency, would basically be restricted.
Mr. BERMAN. Will the gentleman yield just on this question?
Mr. KUCINICH. I yield to the gentleman from California.
Mr. BERMAN. I appreciate that.
Two points just on this issue: one is the language the gentleman
originally read with respect to Russia was amended out of the bill in
committee.
Mr. KUCINICH. Well, I thank the gentleman for pointing that out.
Mr. BERMAN. Secondly, this language with respect to funding on the
Russian flights to the space station is an extension of the authority,
not an elimination of the authority, to engage and provide funding for
that purpose. So I understand why the gentleman said what he did, but
in reality----
Mr. KUCINICH. I'm asking you, when you say this was amended out, it
was amended out with respect to the citation of the Russian
Federation----
Mr. BERMAN. Yes.
Mr. KUCINICH. As well as the section which spoke directly to the
restrictions on the payments.
Mr. BERMAN. The restrictions on payments is an extension of time, and
it also has a waiver. The first reference to Russia was eliminated from
the bill.
Mr. KUCINICH. Okay. Well, I appreciate your pointing that out. But I
would yield to my friend for a question.
Does this legislation, or does it not, have a reference to the
International Space Station and Russia? Is there a reference to it?
Mr. BERMAN. Yes.
Mr. KUCINICH. And is there any kind of restriction being placed on
Russia with respect to payments in connection with the International
Space Station?
I yield to the gentleman from California.
Mr. BERMAN. There is language in the bill with respect to
restrictions. There is a waiver in the bill for those restrictions, and
there is an extension of non-applicability of those provisions until
2020.
Mr. KUCINICH. I would reclaim my time and respectfully suggest to my
friend from California that even if you're extending the non-
applicability, our friends in Russia will read this as being an attempt
to try to put Russia in a position where we are forcing them to put at
risk the International Space Station if in fact they wish to have a
different kind of diplomacy than we have.
I reserve the balance of my time.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. BERMAN. May I inquire of the Chair how much time I have.
The SPEAKER pro tempore. The gentleman from California has 4 minutes.
Mr. BERMAN. I am only going to use a moment of the time simply to
address the issue that my friend from Ohio talked about with respect to
sanctions.
The focus on unilateral sanctions without international support
versus effective multilateral sanctions, that distinction was not made
by my friend from Ohio. The fact is that this administration and this
Congress, through legislation, working in coordination with the members
of the Security Council, our friends in the European Union, our allies
in Asia, have put together a multilateral level of sanctions that has
never been seen before.
And old studies regarding the effectiveness of unilateral sanctions
in terms of altering a country's behavior are not applicable in this
situation because we are deeply committed to the understanding that we
will estop this kind of proliferation in which we have the support of
all of the countries of the world who are committed to and adhere to
the nonproliferation treaty.
And I suggest with that that I should yield back the balance of my
time.
Mr. KUCINICH. May I ask how much time I have left.
The SPEAKER pro tempore. The gentleman from Ohio has 4\3/4\ minutes,
and the gentlewoman from Florida has 2\1/2\ minutes.
Mr. KUCINICH. Does the gentlelady wish to close?
Ms. ROS-LEHTINEN. Yes. As I have stated before and will continue to
state, I will reserve my time to close.
Mr. KUCINICH. It's time for the United States as a Nation to change
its direction, to begin to see ourselves as a Nation among nations, not
a Nation above nations, to begin to set aside war as an instrument of
policy, to be sensitive to the power that we have so that we're not
attempting to use our force in a way that would punish someone
militarily who doesn't agree with us.
The underlying premise that my friends here have of nonproliferation
is something I agree with, but where we depart from agreement is where
we're focusing on nonproliferation among only a few countries.
I will say it again: we need a new direction in America. It's a
direction where we stand for peace, not the kind of peace which is some
airy-fairy notion, and not just looking at peace as the absence of war,
but peace as an active presence and the capacity we have to pursue the
science of human relations, and to be able to use diplomacy to get to a
place where we all feel secure.
But we don't have that today. So what we do is we try to find our
security through straitjacketing other nations with sanctions that
inevitably are bound to fail and which inevitably turn the people of
the countries who we're sanctioning against us and help to strengthen
the hands of the regime that's being sanctioned.
We need to, as a Nation, take a stand for nuclear abolition once and
for all. We need to, as a Nation, get rid of this idea that war is
acceptable. We need to determine that we can get strength and be a
strong Nation through peace. Strength through peace is the approach
that we ought to be taking, have a national security strategy that
involves strength through peace and let our diplomacy, let our pursuit
of diplomacy guide us in taking our relations with other nations to a
new level.
This isn't naive. I stood here challenging the war in Iraq, and I was
right about that. And I can tell you that this Congress took a
direction that wasted $5 trillion, the lives of almost 5,000 of our
troops, tens of thousands of troops injured, millions of Iraqis dead.
Why don't we try diplomacy rather than sanctions? It's something that
we really haven't tried, and it's time that we did.
Mr. Speaker, I yield back the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, to close on this bill, I am pleased to
give our remaining time to the gentleman from California (Mr. Royce),
who is the chairman of our Subcommittee on Foreign Affairs on
Terrorism, Nonproliferation and Trade and has been a leader in this
sanctions legislation for a mighty long time.
Mr. ROYCE. Mr. Speaker, last week we had a headline in the newspaper
that I think underscores the importance of this legislation, and what
that headline said was that North Korea is making a missile able to hit
the United States.
[[Page H8870]]
{time} 2140
Now, the reason we're concerned about Iran's activities here in
proliferation is because Iran announces they want to kill us. That
tends to get our attention. And as a consequence, we begin to think,
what could we do to sanction their central bank in order to make it
very, very difficult for them to proceed down this road?
Well, let's go back for a minute to this North Korea story,
remembering already that we've seen North Korea, proliferate and
attempt to give nuclear capability to Syria. We've seen North Korea
proliferate to Iran and Pakistan with their missile capabilities. And
the story reported that North Korea is moving ahead to build its first
road mobile intercontinental ballistic missile. And of course, mobile
missiles are very difficult to find. You can't locate them. They're
made to be hidden.
And with these developments, the Secretary of Defense said North
Korea is in the process of becoming a direct threat to the United
States. That's former Secretary of Defense Gates.
No one who has closely watched North Korea is surprised by these
developments. And because we haven't seriously sanctioned North Korea
in the way of--I mean, we tried sanctioning the Bank of Delta Asia for
a short period of time and, frankly, it worked, and then we lifted
those sanctions.
I want you to think about this. Pyongyang builds a nuclear reactor in
Syria, no real consequences. North Korea unveils an advanced uranium
enrichment plant, no real consequences. Kim Jong-Il torpedoes a South
Korean ship, no real consequences.
Fully implementing this legislation could impose costs on North Korea
or on Iran. But just as with the previous legislation, the
administration isn't aggressively confronting this North Korean threat.
Now, I'm going to share with you my concern over all of this. If
history is a guide, we'll pass these bills, we'll take them up
tomorrow. They'll pass out of the House by tremendous margins. Then
we'll wait. We'll wait for the other body to act. Then the Obama
administration will press for these sanctions to be scaled back, as it
continues to do. And this is what happened last Congress, and my
concern is that that is what happens here now. We've got to push this
now.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, H.R. 2105, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. ROS-LEHTINEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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