[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
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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,
[[Page 119 STAT. 2368]]
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
[[Page 119 STAT. 2369]]
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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