[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1713 Enrolled Bill (ENR)]
S.1713
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,

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This Act may be cited as the ``Iran Nonproliferation Amendments Act
of 2005''.

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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''.
(3) Iran has--
(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.

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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)).''.

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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
(2) in subsection (a)--
(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''.
(e) Short Title.--
(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.

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Iran Nonproliferation Amendments Act of 2005 — S. 1713

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