One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To make amendments to the Iran Nonproliferation Act of 2000 related
to International Space Station payments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Iran Nonproliferation Amendments Act of 2005'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence's most recent Unclassified Report
to Congress on the Acquisition of Technology Relating to Weapons of Mass
Destruction and Advanced Conventional Munitions, 1 July Through 31 December
2003, states `Russian entities during the reporting period continued to
supply a variety of ballistic missile-related goods and technical know-how
to countries such as Iran, India, and China. Iran's earlier success in
gaining technology and materials from Russian entities helped accelerate
Iranian development of the Shahab-3 MRBM, and continuing Russian entity
assistance has supported Iranian efforts to develop new missiles and increase
Tehran's self-sufficiency in missile production.'
(2) Vice Admiral Lowell E. Jacoby, the Director of the Defense Intelligence
Agency, stated in testimony before the Select Committee on Intelligence
of the Senate on February 16, 2005, that `Tehran probably will have the
ability to produce nuclear weapons early in the next decade'.
(A) failed to act in accordance with the Agreement Between Iran and
the International Atomic Energy Agency for the Application of Safeguards
in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Vienna June 19, 1973 (commonly referred to as the `Safeguards
Agreement');
(B) acted in a manner inconsistent with the Protocol Additional to the
Agreement Between Iran and the International Atomic Energy Agency for
the Application of Safeguards, signed at Vienna December 18, 2003 (commonly
referred to as the `Additional Protocol');
(C) acted in a manner inconsistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly
referred to as the `Nuclear Non-Proliferation Treaty'); and
(D) resumed uranium conversion activities, thus ending the confidence
building measures it adopted in its November 2003 agreement with the
foreign ministers of the United Kingdom, France, and Germany.
(4) On September 24, 2005, the Board of Governors of the International
Atomic Energy Agency (IAEA) formally declared that Iranian actions constituted
noncompliance with its nuclear safeguards obligations, and that Iran's
history of concealment of its nuclear activities has given rise to questions
that are within the purview of the United Nations Security Council.
(5) The executive branch has on multiple occasions used the authority
provided under section 3 of the Iran Nonproliferation Act of 2000 (Public
Law 106-178; 50 U.S.C. 1701 note) to impose sanctions on entities that
have engaged in activities in violation of restrictions in the Act relating
to--
(A) the export of equipment and technology controlled under multilateral
export control lists, including under the Australia Group, Chemical
Weapons Convention, Missile Technology Control Regime, Nuclear Suppliers
Group, and the Wassenaar Arrangement or otherwise having the potential
to make a material contribution to the development of weapons of mass
destruction or cruise or ballistic missile systems to Iran; and
(B) the export of other items to Iran with the potential of making a
material contribution to Iran's weapons of mass destruction programs
or on United States national control lists for reasons related to the
proliferation of weapons of mass destruction or missiles.
(6) The executive branch has never made a determination pursuant to section
6(b) of the Iran Nonproliferation Act of 2000 that--
(A) it is the policy of the Government of the Russian Federation to
oppose the proliferation to Iran of weapons of mass destruction and
missile systems capable of delivering such weapons;
(B) 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 Iran of goods, services,
and technology that could make a material contribution to the development
of nuclear, biological, or chemical weapons, or of ballistic or cruise
missile systems; and
(C) no entity under the jurisdiction or control of the Government of
the Russian Federation, has, during the 1-year period prior to the date
of the determination pursuant to section 6(b) of such Act, made transfers
to Iran reportable under section 2(a) of the Act.
(7) On June 29, 2005, President George W. Bush issued Executive Order
13382 blocking property of weapons of mass destruction proliferators and
their supporters, and used the authority of such order against 4 Iranian
entities, Aerospace Industries Organization, Shahid Hemmat Industrial
Group, Shahid Bakeri Industrial Group, and the Atomic Energy Organization
of Iran, that have engaged, or attempted to engage, in activities or transactions
that have materially contributed to, or pose a risk of materially contributing
to, the proliferation of weapons of mass destruction or their means of
delivery (including missiles capable of delivering such weapons), including
efforts to manufacture, acquire, possess, develop, transport, transfer,
or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO INTERNATIONAL
SPACE STATION PAYMENTS.
(a) Treatment of Certain Payments- Section 7(1)(B) of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) by striking the period at the end and inserting a comma; and
(2) by adding at the end the following:
`except that such term does not mean payments in cash or in kind made
or to be made by the United States Government prior to January 1, 2012,
for work to be performed or services to be rendered prior to that 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.'.
(b) EXCEPTION- Section 6(h) of the Iran Nonproliferation Act of 2000 (Public
Law 106-178; 50 U.S.C. 1701 note) is amended by inserting after `extraordinary
payments in connection with the International Space Station' the following:
`, or any other payments in connection with the International Space Station,'.
(c) Reporting Requirements- Section 6 of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by adding at the
end the following new subsection:
`(i) Report on Certain Payments Related to International Space Station-
`(1) IN GENERAL- The President shall, together with each report submitted
under section 2(a), submit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of Representatives
a report that identifies each Russian entity or person to whom the United
States Government has, since the date of the enactment of the Iran Nonproliferation
Amendments Act of 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 submitted under paragraph (1) shall include--
`(A) the specific purpose of each payment made to each entity or person
identified in the 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. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE SUCH
ACT APPLICABLE TO IRAN AND SYRIA.
(a) Reports on Proliferation Relating to Iran or Syria- Section 2 of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note)
is amended--
(1) in the heading, by striking `TO IRAN' and inserting `RELATING
TO IRAN AND SYRIA'; and
(A) in the matter preceding paragraph (1)--
(i) by inserting `or acquired from' after `transferred to'; and
(ii) by inserting after `Iran' the following: `, or on or after January
1, 2005, transferred to or acquired from Syria'; and
(B) in paragraph (2), by inserting after `Iran' the following: `or Syria,
as the case may be,'.
(b) Determination Exempting Foreign Persons From Certain Measures- Section
5(a) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C.
1701 note) is amended--
(1) in paragraph (1), by striking `transfer to Iran' and inserting `transfer
to or acquire from Iran or Syria, as the case may be,'; and
(2) in paragraph (2), by striking `Iran's efforts' and inserting `the
efforts of Iran or Syria, as the case may be,'.
(c) Restriction on Extraordinary Payments in Connection With the International
Space Station- Section 6(b) of the Iran Nonproliferation Act of 2000 (Public
Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in the heading, by striking `to Iran' and inserting `Relating to Iran
and Syria';
(2) in paragraphs (1) and (2), by striking `to Iran' each place it appears
and inserting `to or from Iran and Syria'; and
(3) in paragraph (3), by striking `to Iran' and inserting `to or from
Iran or Syria'.
(d) Definitions- Section 7(2) of the Iran Nonproliferation Act of 2000 (Public
Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in subparagraph (C) to read as follows:
`(C) any foreign government, including any foreign governmental entity;
and'; and
(2) in subparagraph (D), by striking `subparagraph (B) or (C)' and inserting
`subparagraph (A), (B), or (C), including any entity in which any entity
described in any such subparagraph owns a controlling interest'.
(1) AMENDMENT- Section 1 of the Iran Nonproliferation Act of 2000 (Public
Law 106-178; 50 U.S.C. 1701 note) is amended by striking `Iran Nonproliferation
Act of 2000' and inserting `Iran and Syria Nonproliferation Act'.
(2) REFERENCES- Any reference in a law, regulation, document, or other
record of the United States to the Iran Nonproliferation Act of 2000 shall
be deemed to be a reference to the Iran and Syria Nonproliferation Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
