Text: S.1713 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-112 (11/22/2005)

 
[109th Congress Public Law 112]
[From the U.S. Government Printing Office]


[DOCID: f:publ112.109]

[[Page 2365]]

              IRAN NONPROLIFERATION AMENDMENTS ACT OF 2005

[[Page 119 STAT. 2366]]

Public Law 109-112
109th Congress

                                 An Act


 
 To make amendments to the Iran Nonproliferation Act of 2000 related to 
          International Space Station payments, and for other 
             purposes. <<NOTE: Nov. 22, 2005 -  [S. 1713]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Iran Nonproliferation 
Amendments Act of 2005. Russian Federation. 50 USC 1701 
note.>> 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) <<NOTE: Lowell E. Jacoby.>> 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

[[Page 119 STAT. 2367]]

                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) <<NOTE: George W. Bush.>> 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,

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        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) <<NOTE: President.>> 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

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                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
            (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

[[Page 119 STAT. 2370]]

        amended by striking ``Iran Nonproliferation Act of 2000'' and 
        inserting ``Iran and Syria Nonproliferation Act''.
            (2) <<NOTE: 22 USC 2797b note; 50 USC 1701 
        note.>> 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.

    Approved November 22, 2005.

LEGISLATIVE HISTORY--S. 1713:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 21, considered and passed Senate.
            Oct. 26, considered and passed House, amended.
            Nov. 8, Senate concurred in House amendments.

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