[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 893 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 893
To provide for the imposition of sanctions with respect to foreign
persons who transfer to or acquire from Iran, North Korea, or Syria
certain goods, services, or technology that contribute to the
proliferation activities of Iran, North Korea, or Syria, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2013
Ms. Ros-Lehtinen (for herself and Mr. Sherman) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Oversight and Government Reform, the
Judiciary, Science, Space, and Technology, Financial Services, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the imposition of sanctions with respect to foreign
persons who transfer to or acquire from Iran, North Korea, or Syria
certain goods, services, or technology that contribute to the
proliferation activities of Iran, North Korea, or Syria, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran, North Korea,
and Syria Nonproliferation Accountability Act of 2013''.
(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. Imposition of sanctions against certain foreign persons.
Sec. 4. Determination exempting a foreign person from the imposition of
certain sanctions.
Sec. 5. Restrictions on nuclear cooperation with countries aiding
proliferation by Iran, North Korea, or
Syria.
Sec. 6. Identification of countries that enable proliferation to or
from Iran, North Korea, or Syria.
Sec. 7. Prohibition on United States assistance to countries assisting
proliferation activities by Iran, North
Korea, or Syria.
Sec. 8. Restriction on extraordinary payments in connection with the
International Space Station.
Sec. 9. Exclusion from the United States of senior officials of foreign
persons who have aided proliferation
relating to Iran, North Korea, and Syria.
Sec. 10. Prohibition on certain vessels landing in the United States;
enhanced inspections.
Sec. 11. Sanctions with respect to critical defense resources provided
to or acquired from Iran, North Korea, or
Syria.
Sec. 12. Multilateral actions against Iran, North Korea, or Syria.
Sec. 13. Repeal of waiver of sanctions relating to development of
weapons of mass destruction or other
military capabilities.
Sec. 14. Definitions.
Sec. 15. Repeal of Iran, North Korea, and Syria Nonproliferation Act.
Sec. 16. Rule of construction.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to fully implement and
enforce sanctions against any person, entity, or country that assists
the proliferation activities or policies of Iran, North Korea, or
Syria.
SEC. 3. IMPOSITION OF SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.
(a) In General.--Not later than 90 days after the day of the
enactment of this Act, the President shall impose, for a period of not
less than two years, the sanctions specified in subsection (c) with
respect to a foreign person if the President determines and certifies
to the appropriate congressional committees that the person--
(1)(A) on or after September 1, 2007, transferred to or
acquired from Iran, North Korea, or Syria--
(i) 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
(ii) goods, services, or technology not
listed on any list specified in clause (i) 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 contribute to
the development of nuclear, biological, or
chemical weapons, or of ballistic or cruise
missile systems or destabilizing types and
amounts of conventional weapons; and
(B) with respect to the transfer of goods,
services, or technology, knew or should have known that
the transfer of goods, services, or technology, to
Iran, North Korea, or Syria, as the case may be, would
contribute to the ability of Iran, North Korea, or
Syria, as the case may be, to--
(i) acquire or develop chemical,
biological, or nuclear weapons or related
technologies; or
(ii) acquire or develop advanced or
destabilizing types and numbers of conventional
weapons;
(2)(A) on or after September 1, 2007, transferred to
another person goods, services, or technology described in
paragraph (1)(A)(i) or (ii); and
(B) knew or should have known that the transfer of goods,
services, or technology to another person would likely result
in such other person exporting, transferring, transshipping, or
otherwise providing the goods, services, technology to the
Government of Iran, North Korea, or Syria, or to a person
acting on behalf of or owned or controlled by, the Government
of Iran, North Korea, or Syria, as the case may be;
(3) on or after September 1, 2007, 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;
(4) on or after September 1, 2007, 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;
(5) on or after September 1, 2007, provided destabilizing
types and amounts of conventional weapons and technical
assistance to the Government of Iran, North Korea, or Syria, or
to a person acting on behalf of or owned or controlled by, the
Government of Iran, North Korea, or Syria, as the case may be;
or
(6) on or after August 10, 2010, 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) Joint Ventures Relating to the Mining, Production, or
Transportation of Uranium.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall impose, for a
period of not less than two years, the sanctions specified in
subsection (c) with respect to a foreign person if the
President determines that the person knowingly participated, on
or after August 10, 2012, in a joint venture that involves any
activity relating to the mining, production, or transportation
of uranium--
(A)(i) established on or after February 2, 2012;
and
(ii) with--
(I) the Government of Iran, the Government
of North Korea, or the Government of Syria;
(II) an entity incorporated and subject to
the jurisdiction of the Government of Iran, in
North Korea or subject to the jurisdiction of
the Government of North Korea, or Syria or
subject to the jurisdiction of the Government
of Syria, as the case may be; or
(III) a person acting on behalf of or at
the direction of, or owned or controlled by,
the Government of Iran or an entity described
in subclause (II) with respect to Iran, the
Government of North Korea or an entity
described in subclause (II) with respect to
North Korea, or the Government of Syria or an
entity described in subclause (II) with respect
to Syria, as the case may be; or
(B)(i) established before February 2, 2012;
(ii) with the Government of Iran, an entity
described in subclause (II) of subparagraph (A)(ii)
with respect to Iran, or a person described in
subclause (III) of that subparagraph with respect to
Iran, the Government of North Korea, an entity
described in subclause (II) of subparagraph (A)(ii)
with respect to North Korea, or a person described in
subclause (III) of that subparagraph with respect to
North Korea, or the Government of Syria, an entity
described in subclause (II) of subparagraph (A)(ii)
with respect to Syria, or a person described in
subclause (III) of that subparagraph with respect to
Syria, as the case may; and
(iii) through which--
(I) uranium is transferred directly to
Iran, North Korea, or Syria, as the case may
be, or indirectly to Iran, North Korea, or
Syria, as the case may be, through a third
country;
(II) the Government of Iran, the Government
of North Korea, or the Government of Syria, as
the case may be, receives significant revenue;
or
(III) Iran, North Korea, or Syria, as the
case may be, could, through a direct
operational role or by other means, receive
technological knowledge or equipment not
previously available to such country that could
contribute materially to the ability of such
country to develop nuclear weapons or related
technologies.
(2) Applicability of sanctions.--Paragraph (1) shall not
apply with respect to participation in a joint venture
established before August 10, 2012, if the person participating
in the joint venture terminated, with respect to Iran, that
participation not later than the date that is 180 days after
such such date with respect to North Korea and Syria,
terminates that participation not later than the date that is
90 days after the date of enactment of this Act.
(c) Description of Sanctions.--The sanctions referred to in
subsections (a) and (b) 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).
(2) Arms export prohibition.--Prohibition on United States
Government sales to a person described in subsection (a) or
subsection (b) 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 foreign
person described in subsection (a) or subsection (b) 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 foreign person described in subsection
(a) or subsection (b).
(5) Financing prohibition.--Prohibition on any approval,
financing, or guarantee by a United States person, wherever
located, of a transaction by a foreign person described in
subsection (a) or subsection (b).
(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 foreign person described in subsection (a) or
subsection (b).
(7) Ban on investment in equity or debt of sanctioned
person.--Prohibition on any United States person from investing
in or purchasing significant amounts of equity or debt
instruments of a foreign person described in subsection (a) or
subsection (b).
(8) Exclusion of corporate officers.--The Secretary of
State shall deny a visa to, and the Secretary of Homeland
Security to exclude from the United States, any alien that the
President determines is a corporate officer or principal of, or
a shareholder with a controlling interest in, a foreign person
described in subsection (a) or subsection (b).
(9) Sanctions on principal executive officers.--The
President shall impose on the principal executive officer or
officers of a foreign person described in subsection (a) or
subsection (b), or on persons performing similar functions and
with similar authorities as such officer or officers, any of
the sanctions under this subsection.
(d) Publication in Federal Register.--
(1) In general.--The Secretary of the Treasury shall
publish in the Federal Register notice of the imposition
against a foreign person of sanctions pursuant to subsection
(a) or subsection (b).
(2) Content.--Each notice published in accordance with
paragraph (1) shall include the name and address (where known)
of each foreign person with respect to which sanctions have
been imposed pursuant to subsection (a) of subsection (b).
SEC. 4. DETERMINATION EXEMPTING A FOREIGN PERSON FROM THE IMPOSITION OF
CERTAIN SANCTIONS.
(a) In General.--The imposition of any sanction described in
section 3(c) to a foreign person described in subsection (a) or (b) of
section 3 shall cease to be effective beginning 30 days after the date
on which the President determines and certifies to the appropriate
congressional committees 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 September 1,
2007, 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 subject to sanctions under
section 3;
(B) such transfer 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 or that has a
sanctions regime under its governing foreign law
concerning Iran, North Korea, or Syria, and such
transfer was made in accordance with the guidelines and
parameters of all such relevant nonproliferation or
sanctions regimes; or
(D) the government with primary jurisdiction over
such person has imposed meaningful penalties on such
person on account of the transfer of such goods,
services, or technology that caused such person to be
subject to sanctions under section 3;
(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 subsection (a) or (b) of
section 3, 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 subject to sanctions
under section 3; and
(2) to exercise the authority described in subsection (a)
in all cases in which information obtained from each person
described in subsection (a) or (b) of section 3, 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. 5. 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 program 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. 6. IDENTIFICATION OF COUNTRIES THAT ENABLE PROLIFERATION TO OR
FROM IRAN, NORTH KOREA, OR SYRIA.
(a) Annual Report.--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 and make
available to the public a report that identifies each person subject to
sanctions under section 3 and each foreign country that allows one or
more persons under the jurisdiction of such country to engage in
activities that are sanctionable under section 3 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 to protect United States national security interests.
SEC. 7. 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--
(1) 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; or
(2) a foreign country identified in the most-recent report
transmitted to the appropriate congressional committees under
section 6(a).
(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 and has taken appropriate steps to correct the
behavior that resulted in it being included in the report in section
6(A).
(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. 8. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION.
(a) Restriction.--
(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 contribute 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 subject to sanctions 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) the entity is not subject to sanctions 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 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. 9. EXCLUSION FROM THE UNITED STATES OF SENIOR OFFICIALS OF FOREIGN
PERSONS WHO HAVE AIDED PROLIFERATION RELATING TO IRAN,
NORTH KOREA, AND SYRIA.
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 subject to sanctions
under 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).
SEC. 10. 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
Accountability Act of 2013, 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 Accountability Act of 2013.''.
SEC. 11. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE RESOURCES PROVIDED
TO OR ACQUIRED FROM IRAN, NORTH KOREA, OR SYRIA.
(a) In General.--The President shall impose 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 goods, services, or technology
the person knows, or should know, is used, or is likely to be used, for
military application.
(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. 12. MULTILATERAL ACTIONS AGAINST IRAN, NORTH KOREA, OR SYRIA.
(a) Prohibition on United States Assistance to the International
Atomic Energy Agency.--
(1) Prohibition.--No funds from any United States assessed
or voluntary contribution to the International Atomic Energy
Agency (IAEA) may be used to support any assistance provided by
the IAEA through its Technical Cooperation Program to Iran,
North Korea, or Syria.
(2) Waiver.--The provisions of paragraph (1) may be waived
if--
(A) the IAEA has suspended all assistance provided
through its Technical Cooperation Program to Iran,
North Korea, and Syria; and
(B) the President certifies that Iran, North Korea,
and Syria--
(i) no longer pose a threat to the national
security, interests, and allies of the United
States; and
(ii) are no longer in violation of their
international nonproliferation obligations and
United Nations Security Council resolutions.
(3) United states actions at iaea.--The President shall
direct the United States Permanent Representative to the IAEA
to use the voice, vote, and influence of the United States at
the IAEA to block the allocation of funds for any assistance
provided by the IAEA through its Technical Cooperation Program
to Iran, North Korea, or Syria.
(b) Declaration of Policy Relating to Nuclear Nonproliferation
Treaty.--
(1) Findings.--Congress finds the following:
(A) The Governments of Iran, North Korea, and Syria
are in clear violation of international
nonproliferation agreements and United Nations Security
Council resolutions.
(B) The pursuit by the Governments of Iran, North
Korea, and Syria of covert nuclear activities and their
refusal to cooperate with the International Atomic
Energy Agency in its past and current investigations
into their nuclear programs are further evidence of
their disregard for their nonproliferation obligations.
(C) The Governments of Iran, North Korea, and Syria
are not in good standing with respect to their
nonproliferation obligations.
(D) The actions of the Governments of Iran, North
Korea, and Syria have demonstrated their respective
nuclear programs are not for peaceful use.
(2) Declaration of policy.--Congress declares that the
Governments of Iran, North Korea, and Syria have forfeited all
privileges under the Treaty on the Nonproliferation of Nuclear
Weapons, including access to nuclear equipment, materials, and
information.
(3) Denial of npt privileges to iran, north korea, and
syria.--The United States Permanent Representative to the
United Nations and the United States Permanent Representative
to the International Atomic Energy Agency shall use the voice,
vote, and influence of the United States to secure adoption of
a resolution at the United Nations Security Council and at the
IAEA declaring that Iran, North Korea, and Syria have forfeited
all privileges under the Treaty on the Nonproliferation of
Nuclear Weapons.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall transmit to the appropriate
congressional committees a report on the implementation of this
section.
SEC. 13. REPEAL OF WAIVER OF SANCTIONS RELATING TO DEVELOPMENT OF
WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY
CAPABILITIES.
Section 9(c)(1) of the Iran Sanctions Act of 1996 (Public Law 104-
172; 50 U.S.C. 1701 note) is amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subparagraph (B) (as redesignated by paragraph (2)
of this section)--
(A) by striking ``or (B)'' each place it appears;
and
(B) by striking ``, as applicable''.
SEC. 14. 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 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 knew,
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, 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. 15. 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.
SEC. 16. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act--
(1) shall be construed to limit the authority of the
President to impose additional sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), relevant Executive orders, and other provisions of law;
or
(2) shall apply to the authorized intelligence activities
of the United States.
<all>