Text: H.R.1883 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-178 (03/14/2000)

 
[106th Congress Public Law 178]
[From the U.S. Government Printing Office]


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[DOCID: f:publ178.106]


[[Page 114 STAT. 38]]

Public Law 106-178
106th Congress

                                 An Act


 
   To provide for the application of measures to foreign persons who 
 transfer to Iran certain goods, services, or technology, and for other 
            purposes. <<NOTE: Mar. 14, 2000 -  [H.R. 1883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Iran 
Nonproliferation Act of 2000. Arms and munitions. Weapons.>> 

SECTION 1. SHORT TITLE. <<NOTE: 50 USC 1701 note.>> 

    This Act may be cited as the ``Iran Nonproliferation Act of 2000''.

SEC. 2. REPORTS ON PROLIFERATION TO IRAN. <<NOTE: President.>> 

    (a) Reports.--The President shall, at the times specified in 
subsection (b), submit to the Committee on International Relations of 
the House of Representatives and the Committee on Foreign Relations of 
the Senate a report identifying every foreign person with respect to 
whom there is credible information indicating that that person, on or 
after January 1, 1999, transferred to Iran--
            (1) goods, services, or technology listed on--
                    (A) 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);
                    (B) the Missile Technology Control Regime Equipment 
                and Technology Annex of June 11, 1996, and subsequent 
                revisions;
                    (C) the lists of items and substances relating to 
                biological and chemical weapons the export of which is 
                controlled by the Australia Group;
                    (D) 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
                    (E) the Wassenaar Arrangement list of Dual Use Goods 
                and Technologies and Munitions list of July 12, 1996, 
                and subsequent revisions; or
            (2) goods, services, or technology not listed on any list 
        identified in paragraph (1) but which nevertheless would be,

[[Page 114 STAT. 39]]

        if they were United States goods, services, or technology, 
        prohibited for export to Iran because of their potential to make 
        a material contribution to the development of nuclear, 
        biological, or chemical weapons, or of ballistic or cruise 
        missile systems.

    (b) Timing of Reports.--The <<NOTE: Deadline.>> reports under 
subsection (a) shall be submitted not later than 90 days after the date 
of the enactment of this Act, not later than 6 months after such date of 
enactment, and not later than the end of each 6-month period thereafter.

    (c) Exceptions.--Any foreign person who--
            (1) was identified in a previous report submitted under 
        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,

 is not required to 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 
may have continued, or been larger, more significant, or different in 
nature than previously reported under this section.
    (d) Submission in Classified Form.--When the President considers it 
appropriate, reports submitted under subsection (a), or appropriate 
parts thereof, may be submitted in classified form.

SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

    (a) Application of Measures.--Subject to sections 4 and 5, the 
President is authorized to apply with respect to each foreign person 
identified in a report submitted pursuant to section 2(a), for such 
period of time as he may determine, any or all of the measures described 
in subsection (b).
    (b) Description of Measures.--The measures referred to in subsection 
(a) are the following:
            (1) Executive order no. 12938 prohibitions.--The measures 
        set forth in subsections (b) and (c) of section 4 of Executive 
        Order No. 12938.
            (2) Arms export prohibition.--Prohibition on United States 
        Government sales to that foreign person of any item on the 
        United States Munitions List as in effect on August 8, 1995, and 
        termination of sales to that person of any defense articles, 
        defense services, or design and construction services under the 
        Arms Export Control Act.
            (3) Dual use export prohibition.--Denial of licenses and 
        suspension of existing licenses for the transfer to that person 
        of items the export of which is controlled under the Export 
        Administration Act of 1979 or the Export Administration 
        Regulations.

    (c) Effective Date of Measures.--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 2(b);
            (2) 90 days after the date required by section 2(b) 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 2(b).

[[Page 114 STAT. 40]]

    (d) Publication in Federal Register.--The application of measures to 
a foreign person pursuant to subsection (a) shall be announced by notice 
published in the Federal Register.

SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.

    (a) Requirement To Notify Congress.--Should the President not 
exercise the authority of section 3(a) to apply any or all of the 
measures described in section 3(b) with respect to a foreign person 
identified in a report submitted pursuant to section 2(a), he shall so 
notify the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate no 
later than the effective date under section 3(c) for measures with 
respect to that person.
    (b) Written Justification.--Any notification submitted by the 
President under subsection (a) shall include a written justification 
describing in detail the facts and circumstances relating specifically 
to the foreign person identified in a report submitted pursuant to 
section 2(a) that support the President's decision not to exercise the 
authority of section 3(a) with respect to that person.
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the notification of the President under subsection (a), and 
the written justification under subsection (b), or appropriate parts 
thereof, may be submitted in classified form.

SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.

    (a) In General.--Sections 3 and 4 shall not apply to a foreign 
person 15 days after the President reports to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate that the President has 
determined, on the basis of information provided by that person, or 
otherwise obtained by the President, that--
            (1) the person did not, on or after January 1, 1999, 
        knowingly transfer to Iran the goods, services, or technology 
        the apparent transfer of which caused that person to be 
        identified in a report submitted pursuant to section 2(a);
            (2) the goods, services, or technology the transfer of which 
        caused that person to be identified in a report submitted 
        pursuant to section 2(a) did not materially contribute to Iran's 
        efforts to develop nuclear, biological, or chemical weapons, or 
        ballistic or cruise missile systems;
            (3) the person is subject to the primary jurisdiction of a 
        government that is an adherent to one or more relevant 
        nonproliferation regimes, the person was identified in a report 
        submitted pursuant to section 2(a) with respect to a transfer of 
        goods, services, or technology described in section 2(a)(1), and 
        such transfer was made consistent with the guidelines and 
        parameters of all such relevant regimes of which such government 
        is an adherent; or
            (4) the government with primary jurisdiction over the person 
        has imposed meaningful penalties on that person on account of 
        the transfer of the goods, services, or technology which caused 
        that person to be identified in a report submitted pursuant to 
        section 2(a).

    (b) Opportunity To Provide Information.--Congress urges the 
President--

[[Page 114 STAT. 41]]

            (1) in every appropriate case, to contact in a timely 
        fashion each foreign person identified in each report submitted 
        pursuant to section 2(a), or the government with primary 
        jurisdiction over such person, in order to afford such person, 
        or governments, 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 2(a); and
            (2) to exercise the authority in subsection (a) in all cases 
        where information obtained from a foreign person identified in a 
        report submitted pursuant to section 2(a), or from the 
        government with primary jurisdiction over such person, 
        establishes that the exercise of such authority is warranted.

    (c) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a), or appropriate parts thereof, may be submitted in 
classified form.

SEC. 6. RESTRICTION <<NOTE: Russian Federation. President.>> ON 
            EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL 
            SPACE STATION.

    (a) Restriction on Extraordinary Payments in Connection With the 
International Space Station.--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 the extraordinary 
payments in connection with the International Space Station are to be 
made, the President has made the determination described in subsection 
(b), and reported such determination to the Committee on International 
Relations and the Committee on Science of the House of Representatives 
and the Committee on Foreign Relations and the Committee on Commerce, 
Science, and Transportation of the Senate.
    (b) Determination Regarding Russian Cooperation in Preventing 
Proliferation to Iran.--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 to oppose the proliferation to Iran 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 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
            (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 1-year period 
        prior to the date of the determination pursuant to this 
        subsection, made transfers to Iran reportable under section 2(a) 
        of this Act (other than transfers with respect to

[[Page 114 STAT. 42]]

        which a determination pursuant to section 5 has been or will be 
        made).

    (c) Prior Notification.--Not <<NOTE: Deadline.>> less than 5 days 
before making a determination under subsection (b), the President shall 
notify the Committee on International Relations and the Committee on 
Science of the House of Representatives and the Committee on Foreign 
Relations and the Committee on Commerce, Science, and Transportation of 
the Senate of his intention to make such determination.

    (d) Written Justification.--A determination of the President under 
subsection (b) shall include a written justification describing in 
detail the facts and circumstances supporting the President's 
conclusion.
    (e) Submission in Classified Form.--When the President considers it 
appropriate, a determination of the President under subsection (b), a 
prior notification under subsection (c), and a written justification 
under subsection (d), or appropriate parts thereof, may be submitted in 
classified form.
    (f ) Exception for Crew Safety.--
            (1) Exception.--The National Aeronautics and Space 
        Administration may make extraordinary payments that would 
        otherwise be prohibited under this section to the Russian 
        Aviation and Space Agency or any organization or entity under 
        the jurisdiction or control of the Russian Aviation and Space 
        Agency if the President has notified the Congress in writing 
        that such payments are necessary to prevent the imminent loss of 
        life by or grievous injury to individuals aboard the 
        International Space Station.
            (2) Report.--Not <<NOTE: Deadline.>> later than 30 days 
        after notifying Congress that the National Aeronautics and Space 
        Administration will make extraordinary payments under paragraph 
        (1), the President shall submit 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 by 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 by or grievous injury to 
                      individuals aboard the International Space 
                      Station.

    (g) Service Module Exception.--(1) The National Aeronautics and 
Space Administration may make extraordinary payments that would 
otherwise be prohibited under this section 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 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 5 days 
        before making such payments;

[[Page 114 STAT. 43]]

            (B) no report has been made under section 2 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) For purposes of this subsection, the term ``maintenance'' means 
activities which 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) <<NOTE: Termination date.>> This subsection shall cease to be 
effective 60 days after a United States propulsion module is in place at 
the International Space Station.

    (h) Exception.--Notwithstanding subsections (a) and (b), no agency 
of the United States Government may make extraordinary payments in 
connection with the International Space Station to any foreign person 
subject to measures applied pursuant to--
            (1) section 3 of this Act; or
            (2) section 4 of Executive Order No. 12938 (November 14, 
        1994), as amended by Executive Order No. 13094 (July 28, 1998).

Such payments shall also not be made to any other entity if the agency 
of the United States Government anticipates that such payments will be 
passed on to such a foreign person.

SEC. 7. DEFINITIONS.

    For purposes of this Act, the following terms have the following 
meanings:
            (1) 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 Russian Government 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 those terms were in effect 
                on such date.
            (2) Foreign person; person.--The terms ``foreign person'' 
        and ``person'' mean--
                    (A) a natural person that is an alien;
                    (B) a corporation, business association, 
                partnership, society, trust, or any other 
                nongovernmental entity, organization, or group, that is 
                organized under the laws of a foreign country or has its 
                principal place of business in a foreign country;
                    (C) any foreign governmental entity operating as a 
                business enterprise; and
                    (D) any successor, subunit, or subsidiary of any 
                entity described in subparagraph (B) or (C).

[[Page 114 STAT. 44]]

            (3) Executive order no. 12938.--The term ``Executive Order 
        No. 12938'' means Executive Order No. 12938 as in effect on 
        January 1, 1999.
            (4) Adherent to relevant nonproliferation regime.--A 
        government is an ``adherent'' to a ``relevant nonproliferation 
        regime'' if that government--
                    (A) is a member of the Nuclear Suppliers Group with 
                respect to a transfer of goods, services, or technology 
                described in section 2(a)(1)(A);
                    (B) is a member of the Missile Technology Control 
                Regime with respect to a transfer of goods, services, or 
                technology described in section 2(a)(1)(B), 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 2(a)(1)(C);
                    (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 2(a)(1)(D); or
                    (E) is a member of the Wassenaar Arrangement with 
                respect to a transfer of goods, services, or technology 
                described in section 2(a)(1)(E).
            (5) Organization or entity under the jurisdiction or control 
        of the russian aviation and space agency.--(A) 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 Russian Government 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 Russian Government at any other time before, on, or 
                after the date of the enactment of this Act; 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) 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

[[Page 114 STAT. 45]]

                    (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.

    Approved March 14, 2000.

LEGISLATIVE HISTORY--H.R. 1883:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-315, Pt. 1 (Comm. on International Relations).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Sept. 14, considered and passed 
                                        House.
                                                        Vol. 146 (2000):
                                    Feb. 22, 24, considered and passed 
                                        Senate, amended.
                                    Mar. 1, House concurred in Senate 
                                        amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Mar. 14, Presidential statement.

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