[House Hearing, 112 Congress]
[From the U.S. Government Printing Office]
TO STRENGTHEN IRAN SANCTIONS LAWS FOR THE PURPOSE OF COMPELLING IRAN TO
ABANDON ITS PURSUIT OF NUCLEAR WEAPONS AND OTHER THREATENING
ACTIVITIES, AND FOR OTHER PURPOSES; AND TO PROVIDE FOR THE APPLICATION
OF MEASURES TO FOREIGN PERSONS WHO TRANSFER TO IRAN, NORTH KOREA, AND
SYRIA CERTAIN GOODS, SERVICES, OR TECHNOLOGY, AND FOR OTHER PURPOSES
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
ON
H.R. 1905 and H.R. 2105
__________
NOVEMBER 2, 2011
__________
Serial No. 112-117
__________
Printed for the use of the Committee on Foreign Affairs
Available via the World Wide Web: http://www.foreignaffairs.house.gov/
______
U.S. GOVERNMENT PRINTING OFFICE
71-035 WASHINGTON : 2012
-----------------------------------------------------------------------
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20402-0001
COMMITTEE ON FOREIGN AFFAIRS
ILEANA ROS-LEHTINEN, Florida, Chairman
CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California
DAN BURTON, Indiana GARY L. ACKERMAN, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey
EDWARD R. ROYCE, California BRAD SHERMAN, California
STEVE CHABOT, Ohio ELIOT L. ENGEL, New York
RON PAUL, Texas GREGORY W. MEEKS, New York
MIKE PENCE, Indiana RUSS CARNAHAN, Missouri
JOE WILSON, South Carolina ALBIO SIRES, New Jersey
CONNIE MACK, Florida GERALD E. CONNOLLY, Virginia
JEFF FORTENBERRY, Nebraska THEODORE E. DEUTCH, Florida
MICHAEL T. McCAUL, Texas DENNIS CARDOZA, California
TED POE, Texas BEN CHANDLER, Kentucky
GUS M. BILIRAKIS, Florida BRIAN HIGGINS, New York
JEAN SCHMIDT, Ohio ALLYSON SCHWARTZ, Pennsylvania
BILL JOHNSON, Ohio CHRISTOPHER S. MURPHY, Connecticut
DAVID RIVERA, Florida FREDERICA WILSON, Florida
MIKE KELLY, Pennsylvania KAREN BASS, California
TIM GRIFFIN, Arkansas WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
ROBERT TURNER, New YorkAs
of October 5, 2011 deg.
Yleem D.S. Poblete, Staff Director
Richard J. Kessler, Democratic Staff Director
C O N T E N T S
----------
Page
MARKUP OF
H.R. 1905, To strengthen Iran sanctions laws for the purpose of
compelling Iran to abandon its pursuit of nuclear weapons and
other threatening activities, and for other purposes........... 2
Amendment in the nature of a substitute to H.R. 1905 offered by
the Honorable Ileana Ros-Lehtinen, a Representative in
Congress from the State of Florida, and chairman, Committee
on Foreign Affairs........................................... 85
En bloc amendments to the amendment in the nature of a
substitute to H.R. 1905 offered by:..........................
The Honorable Theodore E. Deutch, a Representative in
Congress from the State of Florida....................... 202
The Honorable William Keating, a Representative in Congress
from the Commonwealth of Massachusetts................... 205
The Honorable Ted Poe, a Representative in Congress from
the State of Texas....................................... 206
The Honorable Edward R. Royce, a Representative in Congress
from the State of California............................. 208
Amendment to the amendment in the nature of a substitute to
H.R. 1905 offered by the Honorable Howard L. Berman, a
Representative in Congress from the State of California...... 213
H.R. 2105, To provide for the application of measures to foreign
persons who transfer to Iran, North Korea, and Syria certain
goods, services, or technology, and for other purposes......... 219
Amendment in the nature of a substitute to H.R. 2105 offered by
the Honorable Ileana Ros-Lehtinen............................ 259
Amendment to the amendment in the nature of a substitute to
H.R. 2105 offered by the Honorable Howard L. Berman and the
Honorable Ileana Ros-Lehtinen................................ 303
APPENDIX
Markup notice.................................................... 306
Markup minutes................................................... 307
The Honorable Ron Paul, a Representative in Congress from the
State of Texas: Prepared statement on H.R. 1905................ 309
The Honorable Gerald E. Connolly, a Representative in Congress
from the Commonwealth of Virginia: Prepared statement on H.R.
1905 and H.R. 2105............................................. 311
The Honorable Dennis Cardoza, a Representative in Congress from
the State of California: Prepared statement.................... 313
The Honorable Laura Richardson, a Representative in Congress from
the State of California: Prepared statement on H.R. 1905....... 315
TO STRENGTHEN IRAN SANCTIONS LAWS FOR THE PURPOSE OF COMPELLING IRAN TO
ABANDON ITS PURSUIT OF NUCLEAR WEAPONS AND OTHER THREATENING
ACTIVITIES, AND FOR OTHER PURPOSES; AND TO PROVIDE FOR THE APPLICATION
OF MEASURES TO FOREIGN PERSONS WHO TRANSFER TO IRAN, NORTH KOREA, AND
SYRIA CERTAIN GOODS, SERVICES, OR TECHNOLOGY, AND FOR OTHER PURPOSES
----------
WEDNESDAY, NOVEMBER 2, 2011
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:05 a.m., in
room 2172, Rayburn House Office Building, Hon. Ileana Ros-
Lehtinen (chairman of the committee) presiding.
Chairman Ros-Lehtinen. The committee will come to order.
Pursuant to notice, the committee meets today to consider
two timely bills to address critical threats facing the United
States.
At the outset, without objection, all members may have 5
days to submit remarks on either of today's bills for the
record.
I now call up the bill H.R. 1905, the Iran Threat Reduction
Act of 2011.
Ms. Carroll. H.R. 1905, to strengthen Iran sanctions laws
for the purpose of compelling----
Chairman Ros-Lehtinen. Thank you.
Without objection, the bill is considered as read and open
for amendment at any point.
[H.R. 1905 follows:]
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Chairman Ros-Lehtinen. In addition, without objection, the
bipartisan amendment in the nature of a substitute, which was
provided to your offices on Monday and which all members have
before them this morning, is made the pending business of the
committee, is considered as read, and is open for an amendment
at any time.
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Chairman Ros-Lehtinen. I will now recognize myself for
brief remarks on this measure, followed by the ranking member
and then other members seeking recognition.
Today, the committee is marking up legislation to address
the threat posed by the Iranian regime to our Nation, to our
interests, and our allies. One Congress after another have
passed Iran sanctions bills only to see them progressively
weakened during the legislative process, or not fully enforced
by the executive branch. Some might wonder if it is worth doing
at all.
Well, yesterday, speaking in the so-called Iranian
Parliament, the so-called President, Mahmoud Ahmadinejad,
publicly admitted that sanctions against Iran were impacting
his financial institutions, stating, ``Our banks cannot make
international transactions anymore.'' But there is much more to
be done. We must move quickly to tighten existing sanctions and
add new and tougher ones, as we are going to do today.
The Iranian regime's Achilles heel is its energy sector. As
far back as 1995, former Under Secretary of State Peter Tarnoff
stated, ``A straight line links Iran's oil income and its
ability to sponsor terrorism and build weapons of mass
destruction . . . and any private company that helps Iran
expand its oil [sector] must accept that it is indirectly
contributing to this menace.''
The Iran Threat Reduction Act is designed to clamp new and
tougher sanctions on Iran's energy sector, threatening the
regime's existence if it refuses to halt its nuclear weapons
program.
Negotiations and concessions after concessions to the
regime have only been met with contempt. For 15 years, foreign
energy companies have continued to provide, through their
investments in Iran's energy sector, the financial resources
for the regime to continue to pursue its nuclear ambitions, its
chemical and biological weapons program, and its sponsorship of
international terrorism.
Fifteen years of pleading, 15 years of concessions have
only allowed the Iranian threat to steadily build. In its
report earlier this year, the International Atomic Energy
Agency all but stated outright that the evidence indicates that
Iran is working on a nuclear weapons capability. We have wasted
years, we have watched the threat develop, and now we must act
before time runs out.
I am happy to say that H.R. 1905 has 343 cosponsors from
both sides of the aisle, including most members of this
committee. Given that you are familiar with the introduced
bill, I will briefly note some of the provisions of the
amendment in the nature of a substitute.
The amendment in the nature of a substitute amends Title I
of the bill by including a requirement that all entities
currently granted an exemption under the special rule terminate
their activities 1 year from the date of the enactment; also,
adding bartering to the list of prohibited services related to
Iran's importation of refined petroleum; and requiring the
President to impose sanctions on any person who purchases,
subscribes to, or facilitates the issuance of Iranian sovereign
debt.
The changes to Title II include requiring the Secretary of
State to issue guidelines describing goods, services, and
technologies considered as sensitive technologies; and
expanding the definition of ``foreign subsidiary'' in existing
Executive orders.
The amendment in the nature of a substitute sharpens Title
III's intended impact on the Iranian Islamic Revolutionary
Guard Corps, or IRGC, by adding prohibitions on conducting
commercial or financial transactions or investment in entities
controlled by the IRGC, sanctions against affiliates of the
IRGC, and measures targeting foreign persons, entities, and
foreign countries aiding the IRGC.
Finally, Title VI is strengthened by prohibiting foreigners
who engage in certain activities with respect to Iran from
entering the U.S. and increasing the civil and criminal
penalties under the International Emergency Economic Powers
Act.
Following the markup, I will seek speedy consideration of
this legislation on the House floor. I hope that the Senate
will act with similar urgency on this, or any bill actually, so
that we can proceed to conference quickly and have these bills
on the President's desk in time to hand the regime a nice
holiday present.
I now turn to my friend, the ranking member, for the
remarks that he would like to make on this bill and the one
other bill, as well. Mr. Berman is recognized.
Mr. Berman. Well, thank you very much, Madam Chairman. And
I apologize in advance for the length of this statement, but,
first, I would like to begin by commending you and your staff
for the hard work, the creativity, the cooperative spirit you
have brought to our joint effort to produce a strong bill. I
also thank members on both sides of the aisle for their efforts
and ideas geared toward improving this bill and strengthening
our overall sanctions regime on Iran.
Madam Chairman, last year, the President signed into law
our Comprehensive Iran Sanctions Accountability and Divestment
Act, CISADA. This law provided the tools for the administration
to impose strengthened sanctions against companies that support
Iran's energy sector and against financial institutions that
support Iran's Islamic Revolutionary Guard Corps.
That bill has been effective in many ways. It has impeded
Iran's access to international financial markets, as Iranian
President Ahmadinejad acknowledged yesterday. And it has led
every major Western energy company to draw down its Iran
operations. It has also laid the groundwork for the EU to
oppose tough sanctions.
Yet, as I have said previously, nothing that we do or that
the administration has done can be deemed truly effective until
Iran ends its nuclear weapons program and stops supporting
terrorism. And we know that Iran is continuing to increase its
stockpile of low-enriched uranium and make progress in other
ways toward a nuclear weapons capability. Accordingly, we must
now seek to strengthen sanctions significantly.
The bill we are marking up today, the Iran Threat Reduction
Act, builds on past efforts by restricting the terms on which a
company can pledge to end its work in Iran as an alternative to
sanctions, expanding the types of activities that trigger
Presidential investigations of potentially sanctionable
activity, and widening the scope of sanctions on human rights
abusers.
I also want to make clear my view that nothing in this bill
should limit in any way the President's ability to conduct
diplomacy as he sees fit.
For now, I would like to focus on two of the measures
which, with the chairman's cooperation, I added to this
amendment in the nature of a substitute. And then I would like
to discuss briefly the amendment I plan on offering this
morning.
One of the measures I included in the substitute would
restrict foreign subsidiaries of U.S. companies from engaging
in business with Iran, making them subject to the same
sanctions as their parent U.S.-based company. We wanted to do
this in CISADA, but the other house wasn't too excited about
that prospect. We hope now we can move forward on this. The
notion that a foreign subsidiary of a U.S. company can conduct
business that would be sanctionable in the U.S., conduct
business that U.S. National security interests prevent the U.S.
company itself from conducting, undermines our efforts to
prevent Iran from achieving a nuclear weapons capability.
We should never allow the slightest bit of doubt as to our
seriousness of purpose regarding our efforts to prevent Iran
from achieving a nuclear weapons capability. That is why we
have to bring the behavior of foreign subsidiaries of U.S.
companies into line with U.S. practice. When U.S. companies
allow their foreign subsidiaries to sell Iran materials that
are prohibited under U.S. law, those companies are violating
the spirit of our sanctions regime. Once this bill becomes law,
such behavior will be a violation of the letter of the law, as
well.
Another measure included in the substitute would impose
sanctions on foreign commercial enterprises that do business
with the Iran Revolutionary Guard Corps. In CISADA, we
established a sanction regime for foreign banks that conduct
business or facilitate sanctions transactions with the IRGC.
Given the prominent role that the IRGC plays in the Iranian
economy, we believe that sanction has had a significant impact.
Now we need to widen the net to extend the prohibition to all
commercial enterprises.
Among its terrorist activities, we all know, is the recent
plot to assassinate the Saudi Ambassador to the United States
that was carried out by the Quds Force, which is the IRGC's
special operations force. There should be consequences for this
type of behavior, and I believe the international community
must stand up against this threat. This measure will give
foreign companies incentive to do that.
And, finally, the amendment that I will be offering shortly
would sanction the Central Bank of Iran if it is found to be
engaged in facilitating WMD development, terrorism, or any type
of support for the IRGC. In fact, I believe the Central Bank of
Iran is not only engaging in those activities, I believe it is
the ultimate engine of those activities. We will need to work
with our global partners to make a sanction on the Central Bank
as effective as possible. Our hope is that an economically
challenged Iran will have less money to spend on weapons of
mass destruction, terrorism, and other nefarious activities.
By all accounts, Madam Chairman, the sanctions we passed
last year have made life difficult for the Iranians. But oil
prices remain high, a lifesaver of the Iranian economy. They
continue to increase its stockpile of enriched uranium, and it
is increasing at increasingly higher levels. The nuclear clock
is moving ever closer to midnight. We can't nibble around the
edges. We need a sanctions regime that is as bold as the
Iranian nuclear program is brazen. Our legislation, fortified
by sanctions on the Central Bank of Iran, is an important step
in that direction.
And I thank the chairman for the time.
Chairman Ros-Lehtinen. Thank you very much, Mr. Berman.
And our speaking clock is ticking, as well, but I would
like to recognize any member seeking recognition to speak on
the underlying bill and the amendment in the nature of a
substitute.
Mr. Deutch is recognized.
Mr. Deutch. Thank you, Madam Chairman. I would like to take
a moment to thank you and Ranking Member Berman for your
efforts to bring this bill together and move forward with such
strong bipartisan support.
For the past year, the historic turmoil in the Middle East
threatens to leave one nation emboldened and empowered, Iran.
Iran's surrogates have gained influence, with Hezbollah taking
full control of the government in Lebanon, and Hamas, a
terrorist organization responsible for perpetrating attacks
that just this year have included the slaughter of children and
their parents in Itamar and the direct targeting of a school
bus in southern Israel, signing a unity agreement with Fatah.
Increased terror attacks are only part of the Iranian
framework for expanded influence. Through it all, Iran
continues its illicit pursuit of nuclear weapons. In fact, the
IAEA is expected to release a report this month providing
greater detail on potential military dimensions of Iran's
nuclear program. The IAEA director general publicly stated he
is increasingly concerned about activities related to the
development of a nuclear payload for missile.
Additionally, we know the regime plans to triple its output
of 20-percent-enriched uranium under the guise of powering a
medical research reactor. The regimeis installing advanced
centrifuges at an underground facility. It has shown time and
again that it is not willing to grant international inspectors
full access to all of its facilities. And we know that it is
only a short jump from 20 percent to the 90-percent enrichment
needed to produce a nuclear weapon. Iran continues to defy
international law, continues to look for ways to evade
sanctions, and continues to move closer toward weaponization.
But U.S. and international sanctions have shown they can
successfully bring great pressure on the Iranian economy. The
regime has felt the squeeze of $60 billion of lost investments
in its energy sector, and we must seize this opportunity to
tighten even further the economic noose on Iran before the
regime makes its ultimate move toward weaponization. This bill
will close loopholes that have made it easier for companies to
continue to conduct business with Iran. And, most importantly,
it will take greater action in identifying those companies for
all the world to see.
Madam Chairman, I would like to thank you for working with
me to include provisions of the Iran Transparency and
Accountability Act in this bill. These new requirements put the
onus of determining the extent and nature of a company's
involvement in Iran on that company or its subsidiary if traded
on U.S. stock exchanges by requiring the disclosure of all
material business with Iran on SEC filings. This forced
disclosure would ease the burden of proof on the State
Department and would accelerate the imposition of sanctions on
those companies. It will also give American investors the
opportunity to decide whether their hard-earned money will go
toward supporting countries and companies that choose to put
profit over international security.
This legislation also includes mandatory sanctions on those
who perpetrate the most egregious human rights abuses. This
regime's use of intimidation and excessive force to suppress
its opposition must be stopped, and the United States must
stand with the people of Iran in their quest for democracy and
freedom. This bill helps to reaffirm our commitment to them.
We must, Madam Chairman, continue to escalate the pressure
on the Iranian regime. We must make it clear to not only the
regime but to the Iranian people striving for democracy and
human rights that we are serious, we are determined, and we are
aggressive in our approach to halt Iran's illegal,
destabilizing, and dangerous pursuit of weapons of mass
destruction.
Again, Madam Chairman, to you and to the ranking member, I
thank you for your great work on this bill. And I yield back
the balance of my time.
Chairman Ros-Lehtinen. Thank you very much, Mr. Deutch. And
it was our honor to put your provisions in our bill, which
further strengthens it. So thank you for your contributions.
And I apologize to Mr. Smith, who--I did not recognize his
baseball signals. I should have gone to him first. Mr. Smith of
New Jersey is recognized.
Mr. Smith. Thank you very much, Madam Chair. And, again, I
want to congratulate you and the ranking member in bringing
this extraordinarily important legislation before the
committee, and hopefully it will become law.
It is abundantly clear that Iran is a nation that pursues
its interests with ruthless disregard of others, especially
Israel, and without any kind of international cooperation. Over
the last three decades, Iran has portrayed itself as a nation
in need of nuclear power. With the cover provided by less-than-
diligent international officials and the assistance of nations
eager to profit from Iran's passionate pursuit of nuclear
capability, Iran has been furiously developing its nuclear
capabilities. There are at least 17 confirmed or suspected
nuclear processing, research, or storage sites reportedly
operating in Iran as we consider this legislation.
The recently foiled Iranian plot to assassinate the Saudi
Ambassador to the U.S. and to bomb the Saudi and Israeli
Embassies here in Washington demonstrates the urgent need to
abandon the illusion of the effectiveness of more measured
sanctions. Iran has been listed by the State Department as a
State Sponsor of Terrorism since 1984, and there is ample
evidence of Iranian support for attacks on American troops in
Iraq.
Under the circumstances, we can no longer depend on
incremental ratcheting of pressure on Iran to halt its nuclear
bomb ambitions. Iran poses too great a danger without nuclear
weapons, and H.R. 1905 gives us further tools to protect our
interests and our very livelihood and lives against a renegade
nuclear Iran.
Again, I thank you for this extraordinarily important
legislation and yield back.
Chairman Ros-Lehtinen. I thank the gentleman.
Mr. Sherman is recognized.
Mr. Sherman. Madam Chair, thank you for your work in
bringing this bill, combining the best ideas from so many
members and, of course, your own into a bill that will be
another important step toward dissuading Iran from developing
nuclear weapons. We have to create a circumstance where the
regime in Tehran has to choose between its nuclear weapons
program and regime survival.
We owe a special debt of gratitude to the mullahs who run
Iran because it is their incompetence and corruption that
creates some risk to regime survival even at a time when oil is
selling at historically high levels. And we owe a debt to the
Iranian people, who came close to overthrowing this regime
recently and who pose a real threat to its survival.
But the steps we have taken to date and even the steps that
we plan to take today are just steps along the road. The
journey of many miles continues today with one more important
step. We are going to have to do even more than this to cause
this regime to have to fear for its survival.
I want to thank the Madam Chair for co-sponsoring last year
and then again this year my Stop Iran's Nuclear Program Act.
And I hope that we can move that bill before the end of the
year, as well, although so much of it is included in the bill
we deal with today.
That bill, both in its 2010 and 2011 versions, dealt
extensively, as the bill before us today does, with the Iran
Revolutionary Guard Corps. And, of course, the provisions are
included today in Title III. That corps includes the Quds
Force, which was identified as the masterminds behind the
threats to Saudi diplomats here on our soil, but, just as
importantly, plays a critical, some would say a majority, role
in the Iran economy and in its nuclear program.
In 2007, the Treasury Department took the important step of
designating the IRGC for its proliferation activities. Some 80
entities owned or controlled by the Revolutionary Guard Corps
have also been designated. While this has caused some non-U.S.
companies to shy away from business with those entities, some
have continued to do so.
In a bill that I introduced along with our chair, Ed Royce,
and Dan Burton back in 2009, the Revolutionary Guard Corps
Designation Implementation Act, which I think serves as the
basis for Title III of today's bill, we make it clear that if
you do business with the Revolutionary Guard Corps, you can't
do business with the United States. This bill today, to the
credit of its author, will tell, for example, Mercedes, ``If
you sell trucks to the Quds Force, you are not selling trucks
in the United States.''
Like the Stop Iran's Nuclear Program Act of 2010 and then
the new one of 2011, this bill deals with sovereign debt, the
Halliburton loophole, sensitive Internet technologies, aircraft
parts and repair, and an authorization for State governments to
take action. Let me review those important provisions.
It prevents companies from loaning money to Iran, whether
in dollars or euros or any other currency. It tells the
foreign-incorporated subsidiaries of U.S. multinational
corporations that they, too, cannot do business with Iran.
Senator Chuck Schumer and I pushed successfully in CISADA,
section 106, to designate technologies that suppress the
Internet as items that should not be sold to the Iranian
regime. The State Department has failed to enforce that. This
provision requires the State Department to provide clear
guidance as to what kinds of technologies cannot be sold to
Iran without being subject to U.S. sanctions.
This bill prohibits aircraft parts and services to Iran.
Their so-called civilian planes have been used for a variety of
nefarious solutions, including resupplying the Assad's bloody
suppression machine in Syria.
The bill also allows State governments to take the actions
in support of our sanctions against Iran, most significantly to
deny insurance licenses to companies that conduct a host of
sanctionable activities in Iran.
This bill is an important first step. It includes many
important provisions. We need to pass it into law as quickly as
possible, and then we need to look at the next step.
I yield back.
Chairman Ros-Lehtinen. Thank you so much, Mr. Sherman.
Ms. Schmidt of Ohio is recognized.
Mrs. Schmidt. Thank you, Madam Chairman. And I really want
to applaud both sides for working on this very important
measure.
You know, when Ahmadinejad spoke to his government, he
stated that the sanctions are impacting Iran's financial
capabilities, especially in the international market. And this
bill shows the importance of the U.S. sanctions as they exist,
but it also points out the need for additional sanctions and
the need to tighten language so Iran cannot find ways around
these sanctions through friends on the international scene.
Speaking in a single voice sends a clear message of what
these sanctions are and how they are to operate. It also sends
a voice of the potential danger of a nuclear Iran to the world,
and it lessens their ability to improve their economy through
international means.
I encourage not only my colleagues here to vote for this
but my friends on my side of the aisle in the House, the other
side of the aisle in the House, and in the Senate, and the
President to then sign it quickly, as soon as possible.
I yield back my time.
Chairman Ros-Lehtinen. Thank you very much, Ms. Schmidt.
Mr. Rohrabacher is recognized.
Mr. Rohrabacher. Thank you very much, Madam Chairman. I
want to thank you personally for your leadership, your very
strong leadership, on this, if America is going to be at peace
and we are not going to find ourselves backed into a corner
where we have to give up our freedom and may have to end up in
a war 10 years from now, we need strong leadership. You are
providing that today, Madam Chairman. Thank you.
There is a country that, however, cannot be ignored when we
are discussing how to pressure Iran to change its course, and
that country that seems to be ignored so often in these debates
is Communist China. This is because Communist China, of course,
is the partner of so many American multinational corporations
who don't want us to talk about the sins of China. Well,
Communist China has been the foremost diplomatic and economic
backer of the Tehran mullah regime, an increasingly active, as
well, military ally of the Iranian mullah dictatorship.
Well, to attain our goal of changing Iran's course, Beijing
must be persuaded to change its course. Increasing sanctions by
adding Iranian oil development and purchasing its oil exports
have to be applied to China, and they will be with this
legislation. Existing large-scale China-Iranian projects in the
energy sector would be, with this legislation, stopped. The
Chinese imports of oil from Iran increased 40 percent from
January to August of this year compared to the same period last
year. They have a very tangible relationship that is working
against the purposes of a more peaceful world.
We now ask the Obama administration to act on what we are
imposing today. And let's just remember that, just a year ago,
John Pomfret of The Washington Post reported that Robert
Einhorn, the State Department special advisor for
nonproliferation and arms control, had given the Chinese a
``significant list'' of companies and banks that were working
with Iran.
By the way, when we are talking about Chinese companies,
many of these companies we are talking about are owned by the
People's Liberation Army, so it is part and parcel of the
Chinese Government and their military. So, already, the
administration has a list of Chinese companies that are already
in violation. So we know what Beijing--and we have known what
it is up to, yet nothing has been done to change that Chinese
behavior. Indeed, China is increasing trade with Iran to offset
the sanctions.
In diplomacy, China continues to back Iran on the nuclear
issue and, just recently, pressed the IAEA not to release
damning information on the Iranian military nuclear research.
China has given help to Iran both in its nuclear and missile
program, so it provides Tehran with weapons that menace its
neighbors and also delivery systems.
So, by all means, we should be enacting the chairman's
strengthened version of the Iran Threat Reduction Act, and I
applaud her for it, but we must realize that these sanctions
will be undercut by Beijing unless we are willing to stand up
to Beijing and tell them that we are serious about this
legislation and this task of making sure that the mullahs in
Iran don't become a nuclear power.
Unless we can convince the Communist Chinese regime by
resolute action that they will face severe consequences if they
continue to support Tehran, we can expect them to go about with
business as usual. We should be watching out for the interests
of our country, the national security of our country, and the
long-term prosperity of the American people. And that means we
are going to have so overcome the corporate influences here in
Washington, DC, that are preventing us for standing up from
human rights and taking the policies that we need to take in
order to ensure that China doesn't threaten our security and
our peace in the years to come.
So, Madam Chairman, again, thanks for your leadership. We
need to make sure that we remember that China is part of this
problem. Thank you.
Chairman Ros-Lehtinen. Amen. Thank you.
We will now move to consider additional amendments to the
underlying substitute amendment, as provided to your offices
last night.
I ask unanimous consent that the following bipartisan,
noncontroversial amendments, which members have before them, be
considered en bloc: Amendments 32, 33, and 34 from Mr. Deutch,
enhancing the ``credible information'' definition, requiring
publication of waivers, and requiring a report on divestment;
Amendment 18 from Mr. Keating, adding Syria to the list of
entities receiving material support from Iran; Amendment 190
from Judge Poe that I drafted with him, as well, adding a
finding and policy statement regarding Iranian activity and
Camp Ashraf; and Amendment 60 from Mr. Royce, strengthening the
aims of the State Department's Internet freedom strategy.
[The amendments referred to follow:]
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Chairman Ros-Lehtinen. You should all have copies in your
packet.
I would like to recognize the authors of the amendments so
that they can be recognized to explain their portion of the en
bloc amendment, starting with Mr. Royce of California.
Thank you, Mr. Royce.
Mr. Royce. Thank you, Madam Chair. And I thank you and I
thank the ranking member, as well, for your work on this very
important legislation. And I also want to express my
appreciation for your incorporation of my amendment here.
This amendment nudges the administration to work closely
with United States telecom and software companies within the
OFAC licensing process so that Iranian democracy activists have
better access to software to aid their organizing. This is an
area that needs attention. And the amendment also spotlights
foreign companies that are assisting Iranian jamming efforts,
another issue that we have to deal with here.
I also understand that Mr. Berman will be offering an
amendment to strengthen the language on Iran's Central Bank.
While many central banks around the world operate
independently, Iran's Central Bank is, in fact, an arm of the
regime and has assisted Iranian banks to sidestep U.S.
financial pressure. At a Terrorism, Nonproliferation, and Trade
Subcommittee hearing, experts recommended this. Mr. Berman's
amendment pushes this forward, and it should be adopted.
And thank you. I yield back.
Chairman Ros-Lehtinen. Thank you very much.
Mr. Deutch is recognized to explain his amendment.
Mr. Deutch. Thank you, Madam Chairman. I would like to
thank you and Ranking Member Berman for your willingness to
work to incorporate these three amendments into the
legislation.
Madam Chairman, all three are aimed at achieving the same
results: Identifying the companies that continue to support the
Iranian regime's illicit quest for nuclear weapons.
Current law states that investigations into possible
sanctions must begin upon the receipt of credible evidence. The
Iran Threat Reduction Act aims to define what constitutes this
credible information. My amendment will add to the list of
credible evidence reports published by State and local
governments.
Madam Chairman, you and I are privileged to represent the
State of Florida, a State that in 2007 became the first State
in the country to divest its pension funds from companies
supporting the Iranian regime's nuclear weapons program. In
authoring the Protecting Florida's Investment Act, we went to
great lengths to create a detailed process for identifying
those companies doing business in Iran.
As a result, the State Board of Administration in Florida
publishes a quarterly report, which I have here, that is
comprised of data from four external research providers, NGOs,
Federal Government reports, company disclosures and SEC
filings, investor relations Web sites, and industry
publications.
Additionally, the State board engages directly with the
companies, requesting specific information about activities in
Iran, and tracks such correspondence in its report. At the
publishing of its last report on September the 20th, the
Florida State Board of Administration had reviewed over 400
companies and affiliates.
Madam Chairman, I ask unanimous consent to have the Florida
quarterly report placed in the record.
Chairman Ros-Lehtinen. Without objection.
[Note: The Florida State Board of Administration's
quarterly report, ``Protecting Florida's Investments Act
(PFIA),'' dated September 20, 2011, is not reprinted here but
is available in committee records.]
Mr. Deutch. Florida is not the only State government
committed to preventing a nuclear-armed Iran. There are nearly
20 other States with Iran divestment laws and countless
municipalities.
If a company appears on reports published by these State
and local governments, particularly given the detailed process
used to identify those companies and maintain an up-to-date
list of scrutinized companies, the administration must take it
seriously and must immediately commence an investigation. This
amendment will ensure that these reports are considered
credible evidence to trigger that investigation into possible
violations of U.S. sanctions law.
Also included, Madam Chairman, in the amendment package is
a 180-day deadline for those companies on which the imposition
of sanctions has already been waived pursuant to the special
rule. In the fall of 2010, five companies were subject to the
special rule: Total, Statoil, ENI, Royal Dutch Shell, and
Inpex. This amendment will ensure that those companies have
fulfilled their obligations to terminate business in Iran. It
is well known that the Iranian energy sector is the main source
of funding for the regime's nuclear weapons program. These
companies must not prolong any technological services that
assist the regime in the production of its financial lifeline,
oil.
And, lastly, Madam Chairman, the adoption of this package
will require that the name of any company on which the
President has chosen to waive the imposition of sanctions in
the interest of national security, that that name be made
public. The world must know that the U.S. is serious about
using economic sanctions to prevent a nuclear-armed Iran. By
simply publishing just the name of the company, we put others
on notice, all around the world, that the U.S. is watching, we
are investigating, and we are taking our responsibility in the
international community seriously.
Madam Chairman, I again would like to thank you and Ranking
Member Berman for moving forward with this vital piece of
legislation that reaffirms the United States' commitment to
prevention a nuclear-armed Iran. And I yield back the balance
of my time.
Chairman Ros-Lehtinen. Thank you so much, Mr. Deutch. And I
thank you again for those valuable contributions to
strengthening our bill. Thank you.
Mr. Keating is recognized to explain his amendment.
Mr. Keating. Thank you, Madam Chair. And I would like to
thank you and the ranking member for your efforts in this very
important bill.
My amendment recognizes the Government of Syria as a
recipient of material and political assistance by Iran. This
bill already identifies Iran's relationship with armed militant
groups of, you know, Iraq and Afghanistan, but it reaffirms
Iran's support and assistance to Hamas and Hezbollah. But one
entity missing from the bill, I believed, was the Government of
Syria, who consistently enables Iran's support for the latter
organizations.
Syria is one, if not the most, of Iran's most strategic
allies. The unrest that has unfolded across the country is one
of great concern to Iran's tactical stability. Iran has openly
supported the regime's violent crackdown on peaceful Syrian
protestors, supplying Assad's proponents with equipment to
repress the crowds and technology to monitor, track, and block
the use of the Internet as a means of mobilization and
coordination. In May of this year, Iran sent members of the
elite Quds Force of the Iranian Revolutionary Guard Corps to
assist in crushing the opposition--the very same forces
involved in the plot to assassinate Saudi Arabia's Ambassador
to the United States.
This past summer, in a meeting between a high-ranking Quds
Force official and Syria's deputy vice president of security
affairs, Iran agreed to provide $23 million to Syria for the
construction of a military base in order to better facilitate
direct arms shipments.
Iran President Mahmoud Ahmadinejad and Syrian Vice
President al-Sharaa have reaffirmed the unity between their
countries in their common position on the Palestinian issue and
their intent to expand cooperation against Israel. Tehran and
Damascus are well aware of the advantage brought by their
relationship over the security of Israel. As mentioned, Syria
serves as the gateway for shipments of weapons and military
equipment from Iran to the open arms of Hezbollah in Lebanon.
In June of last year, it was reported that a sophisticated air
defense radar system, capable of intercepting Israeli air
strikes, had been sent to Syria by Iran.
I could go on and on, Madam Chairman. As we move forward
with implementing and further restricting sanctions on Iran,
one thing is important to understand: The relationship between
Iran and Syria is a direct threat to the safety and security of
Israel and democracy in the region. I therefore ask and
appreciate the inclusion of this amendment in the en bloc
amendments.
And thank you. And I yield my time back.
Chairman Ros-Lehtinen. Thank you, sir. We commend you for
that amendment.
I would like to turn now to Judge Poe to explain his
amendment, which reaffirms our commitment to the security and
the welfare of the residents of Camp Ashraf. Judge Poe?
Mr. Poe. Thank you, Madam Chair.
Some of the bravest Iranian dissidents are those that are
willing to risk their lives to voice opposition to the current
Ahmadinejad corrupt regime. Camp Ashraf in Iraq is full of
these kinds of heroes. They are Iranians who love their country
but have been forced to move because their own government does
not tolerate anyone who disagrees with its own totalitarian,
oppressive policies. They have been falsely imprisoned,
tortured, and seen their family members murdered. They were
forced to leave their homeland and flee to Iraq. Now they have
applied to the UNHCR to be recognized as political refugees and
are currently classified as asylum seekers.
But the camp is in danger. Iraqi troops have attacked the
camp on two separate occasions, killing dozens and wounding
hundreds. Now the people at Camp Ashraf are under siege. Iraq
says it wants to close the camp completely by December 31st
before UNHCR can complete the process and recognize them as
political refugees. There are photos and video of Iraqi
soldiers already entering the camp in preparation for this. If
history is any guide, it will mean another massacre.
And the State Department needs to know that our best hope
for regime change in Iran comes from the people of Iran
themselves. We should publicly and vocally support a regime
change by the freedom-loving people in Iran and the freedom-
loving people in Camp Ashraf. If we don't do a good job of
supporting the opposition, the least we can do now is prevent
the folks in Camp Ashraf from being massacred again.
This amendment urges the Government of Iraq to not harm
these freedom fighters and not return them to Iran, where they
would face certain death, and not to close the camp before
UNHCR can complete its process.
We must remember, Madam Chairman, that 85 of these people
that are in the camp are either U.S. citizens or permanent
residents of the United States.
I am thankful for the chairman and ranking member for their
support of this important amendment. I yield back.
Chairman Ros-Lehtinen. Thank you, Judge Poe.
Hearing no further request for recognition, the question
occurs on the en bloc amendment.
All those in favor say aye.
All opposed, no.
In the opinion of the chair, the ayes have it, and the en
bloc amendment is agreed to.
I now would like to ask the ranking member if he has an
amendment at the desk.
Mr. Berman. Yes. Madam Chairman, I have an amendment co-
sponsored by you at the desk.
Chairman Ros-Lehtinen. The clerk will report the amendment.
Ms. Carroll. Amendment to the amendment in the nature of a
substitute to H.R. 1905, offered by Mr. Berman of California
and Ms. Ros-Lehtinen of Florida. In section 401, strike
subsection (b) and insert the following----
Chairman Ros-Lehtinen. Thank you.
Without objection, the amendment is considered read.
[The amendment to the amendment in the nature of a
substitute follows:]
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Chairman Ros-Lehtinen. The ranking member is recognized to
explain his amendment as the amendment is being handed out. Mr.
Berman?
Mr. Berman. Thank you very much, Madam Chairman.
Mr. Royce made reference to this amendment.
The Central Bank of Iran is the linchpin of Iran's
financial system. It is Iran's only remaining link with the
global banking system. Its opaque financial activities have
generated strong suspicions that it almost certainly plays a
critical role in funding Iran's nuclear and ballistic missile
programs along with the various activities of the Iranian
Revolutionary Guard Corps.
And yet, the Central Bank has not been designated under the
Treasury Department's sanctions. As a result, the Central Bank
is not included in our Specially Designated Nationals List,
which functions as a global watch list.
My amendment would require the President to make a
determination within 30 days after enactment whether the
Central Bank is involved in any of the four areas: Supporting
Iran's WMD or missile programs, including proliferation of WMD
to other governments; financing Iran's procurement of advanced
conventional weapons; providing financial services for the
IRGC; or furthering Iran's support of international terrorism.
I believe an objective determination is likely to show that
the Central Bank of Iran is indeed involved in one or more of
these activities. If the President determines that the Central
Bank of Iran is indeed involved in any of these activities,
then he would be required to apply sanctions under the
International Emergency Economic Powers Act, IEEPA. That would
mean that any foreign bank involved in significant transactions
with the Central Bank of Iran would also be blocked from the
U.S. economy. The amendment would thus force banks to make a
choice: Either terminate transactions with the Central Bank or
risk the loss of your business in the United States.
This amendment would be a substitute for section 401(b) of
the underlying markup text. That section calls for a report to
Congress on the Central Bank but doesn't require any action
taken by the U.S. Government.
The stakes could not be higher. Iran is making inexorable
progress in enriching uranium, it is experimenting with nuclear
warhead design, it is developing ballistic missiles, it is
building up its inventory of advanced conventional weapons, and
it continues to support international terrorism. The Central
Bank of Iran is widely suspected of supporting all of these
activities, and it is time that the bank and those who work
with it are called to account.
This amendment improves the committee's bill, and it would
vastly strengthen U.S. policy toward Iran. And I urge my
colleagues to vote for it.
Chairman Ros-Lehtinen. Yes, thank you, Mr. Berman. I also
ask our colleagues to support this essential amendment to our
bill.
Hearing no further requests for----
Mr. Rohrabacher. Madam Chairman?
Chairman Ros-Lehtinen. Mr. Rohrabacher?
Mr. Rohrabacher. Number one, I want to thank Mr. Berman for
this very important amendment, which, frankly, is a policy we
should have been involved with all along. I do not understand
how we have let the banks off the hook on things like this.
I will use this opportunity to underscore what Judge Poe
brought up a few moments ago about the situation in Camp
Ashraf. Let me note that the residents of Camp Ashraf are
totally vulnerable. They are disarmed at the request of the
United States military. They are totally vulnerable, and they
have already endured one massacre.
We keep pushing on this end for a redesignation of the MEK,
which are the residents of Camp Ashraf, who are currently
designated by our Government as a terrorist organization. That
designation is undermining the efforts to relocate these
people. Before we get a chance to do this, if we don't relocate
them, and they end up being massacred again, it will be because
our Government has not acted.
I want to make sure that we are on record today, that it is
made very clear, that unless the MEK is redesignated, as has
happened throughout Europe and other countries, redesignated
not as a terrorist organization, and it is followed by another
massacre of these unarmed people, the blood of these innocent
people will be on the hands of our State Department and our
Government. When the blood is in the sand and people say, who
is at fault, they should look to Washington, DC, if we refuse
to take the steps now that are necessary for their relocation.
This is very serious. We are talking about over 30 people
have been murdered and hundreds more wounded. These are unarmed
people who are basically there because of American policy. So I
would underscore what Judge Poe stated today.
And we had the Secretary of State with us just a few days
ago, committing that whatever can be done will be done as soon
as they can do it. Well, let's see some action. If not, again,
our State Department bureaucracy will have the blood of these
innocent people on their hands if there is another massacre.
Thank you very much, Madam Chairman.
Chairman Ros-Lehtinen. Thank you so much, Mr. Rohrabacher.
Mr. Duncan is recognized.
Mr. Duncan. Thank you, Madam Chairman.
Just real briefly, I will speak in support of this
amendment because I want to remind the committee and the
Members of Congress that are following this interesting markup
that, just a few weeks ago, it was very evident that the Quds
Force, the Iranian Revolutionary Guard, was involved in a
terror plot that was going to take place on U.S. soil, in this
very city, in the assassination attempt of another sovereign
nation's Ambassador to the United States.
So this is the right level of sanctions at this point in
time against the Central Bank of Iran, and it sends the right
signal to the Quds Force and Hezbollah and others that we are
not going to just take that issue lightly. And I appreciate Mr.
Berman for bringing this amendment up.
I yield back.
Chairman Ros-Lehtinen. As do I. Thank you.
Hearing no further request for recognition, the question
occurs on the Berman amendment.
All those in favor say aye.
All opposed, no.
In the opinion of the chair, the ayes have it, and the
amendment is agreed to.
Are there any other amendments to the Iran Threat Reduction
Act?
Hearing no further amendments, the question is on agreeing
to the bipartisan amendment in the nature of a substitute, as
amended.
All those in favor say aye.
All opposed, no.
In the opinion of the chair, the ayes have it, and the
amendment in the nature of a substitute, as amended, is agreed
to.
Without objection, the underlying bill, H.R. 1905, as
amended, is agreed to.
And I now move that the chair be authorized to seek
consideration of the measure by the House under suspension of
the rules.
All those in favor say aye.
All those opposed, no.
The ayes have it, and the motion is agreed to.
Without objection, the bill, as amended, will be reported
as a single amendment in the nature of a substitute
incorporating the amendments adopted by the committee. And the
staff is directed to make technical and conforming changes.
I now call up the bill H.R. 2105, the Iran, North Korea,
and Syria Nonproliferation Reform and Modernization Act of
2011. Without objection, the bill is considered as read and
open for amendment at any point.
[H.R. 2105 follows:]
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Chairman Ros-Lehtinen. In addition, without objection, the
bipartisan amendment in the nature of a substitute, which was
provided to your offices on Monday, and which all members have
before them, is made the pending business of the committee, is
considered as read, and is open for amendment at any point.
[The amendment in the nature of a substitute follows:]
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Chairman Ros-Lehtinen. I now recognize myself for remarks
on the measure.
Today, we are considering H.R. 2105, the Iran, Syria, and
North Korea Nonproliferation Modernization and Reform Act, for
which there is an amendment in the nature of a substitute.
The legislation has a finer focus than ITRA's broad reach,
namely on those persons or countries which are directly
assisting Iran's efforts to acquire or develop weapons of mass
destruction, especially its nuclear program, as well as
missiles and other advanced conventional weapons.
It is not possible to stop Iran's nuclear weapons program
without targeting its nuclear program as a whole, because there
is no safe dividing line between those activities and
facilities that are purely peaceful and those which are
military-related. Even seemingly safe material, such as low-
enriched uranium, can be used in radiological devices. So we
have no choice but to target the entire sector, which, I might
add, is the subject of the U.N. Security Council resolutions,
as well, which call for a halt to Iran's entire nuclear
program.
Those penalties necessarily must include prohibiting U.S.
nuclear cooperation with countries which either assist or allow
their citizens to assist Iran's WMD program. The amendment in
the nature of a substitute which is being offered adds some new
and important measures, including changing the reporting
requirement from every 6 months to every 4 months and expanding
the range of actions covered; also, denying an exemption to
those assisting the acquisition by Iran, North Korea, or Syria
of destabilizing amounts of conventional weapons; and
tightening the prohibition on landing rights in the U.S.
regarding vessels that have visited ports in Iran, North Korea,
or Syria in the preceding 2 years.
I believe this amendment strengthens the legislation, and I
urge my colleagues to vote for its adoption.
And I now turn to my friend, the ranking member, for
remarks that he would care to make.
Mr. Berman. Thank you, Madam Chairman.
The Iran, North Korea, and Syria Nonproliferation Sanctions
Act--we call it ``INKSNA''--was initiated by Chairman Ben
Gilman, and it forced the United States Government to review
all intelligence or credible evidence regarding sensitive
transfers of goods and services related to WMD missiles or
conventional weapons and made such transfers sanctionable acts.
While the reports required by INKSNA are 2 years behind
schedule, an ongoing problem that has plagued successive
administrations, we have frequently seen new rounds of
sanctions issued against companies and individuals who are more
interested in making a buck than in protecting the global
security environment.
The specific details of sanction transfers are classified,
but press reports indicated INKSNA sanctions have been imposed,
for example, on Chinese entities for selling carbon fiber and
pressure transducers--did you hear that, Mr. Rohrabacher--which
would assist Iran in building more advanced gas centrifuges.
Multiple Russian, Chinese, and even the European weapons
exporters have been sanctioned, presumably for the transfer of
arms to Iran and Syria, and Chinese chemical supply companies
have been repeatedly sanctioned.
This bill, as amended by the amendment in the nature of a
substitute, strengthens INKSNA by making sensitive transfers
subject to the full range of sanctions enacted under CISADA. It
also extends the waiver of INKSNA prohibitions on payments to
Russia for ferrying U.S. Astronauts to the International Space
Station to 2016 from until the end of 2012.
I would like to change the chairman for agreeing to support
an amendment to address my concerns about the way the
underlying bill deals with Russia. I have a number of other
ideas about ways to strengthen INKSNA, dealing with expediting
the delayed reports and some other issues. But rather than--I
look forward to working with the chairman on these
strengthening provisions as the process goes forward.
And I support the bill and urge my colleagues to do the
same.
Chairman Ros-Lehtinen. Thank you so much, Mr. Berman.
I understand that Mr. Rohrabacher of California would like
to engage in a colloquy regarding a section of this legislation
regarding payments to Russians. And I would like to recognize
Mr. Rohrabacher at this time.
Mr. Rohrabacher. Thank you very much, Madam Chairman.
And I thank the ranking member for being so diligent about
the Chinese threat, as well. Thank you.
Madam Chairman, as you are aware, for several years
American firms have been encouraged to develop new commercial
cargo and new crew transportation services to the International
Space Station; this is so we will not be totally dependent on
Russia for those transportation services now that the space
shuttle has been retired.
As a senior member of the Science Committee, I have been
following these events very closely. Some of these new services
that we are developing here will be using some Russia hardware
in their rockets, but the total amount of money flowing to
Russia overall will be greatly reduced if we have American
commercial providers giving us the services that we now rely
totally on the Russian system for.
This legislation still bars any transfer of funds to those
companies which proliferate, even though there will be some
Russian hardware involved in those commercial companies that
will soon be going on the market to be offering their services
to the International Space Station.
I would request a clarification. Is it the intent of the
chair that any portion of this legislation to stop NASA or
other Federal agencies from purchasing services from American
firms even as they use some of the technologies within their
own rockets from companies in Russia so long as those Russian
companies are not proliferating?
Chairman Ros-Lehtinen. Well, I thank the gentleman for the
opportunity to clarify this point regarding purchasing those
services from American sources.
Not only does no provision in this legislation have that
purpose or effect, but you and I are in full agreement that the
U.S. should make every effort to purchase those services from
domestic sources as soon as possible. And to that end, to the
maximum extent possible, any reliance on Russian sources of any
type should be ended.
Mr. Rohrabacher. Thank you very much. So we are minimizing
the actual use of Russian technology, maximizing America's
developed technology. Thank you for the clarification.
What I would like to propose today is that the chair, the
ranking member, and I, working together with the Science
Committee--which, as I say, I am a senior member of the Science
Committee--and that we work together as this bill goes to the
floor to further perfect this language so that NASA is
encouraged to accelerate these commercial services, as compared
to being totally reliant on the Russian Government. And, in
that matter, we will encourage the growth of jobs in the United
States and increase our overall nonproliferation leverage over
Russia's Government.
Chairman Ros-Lehtinen. I thank the gentleman. And I assure
you that I will work with the member and with the ranking
member and others, including consulting with our colleagues on
the Science Committee, to achieve our nonproliferation and
space goals more effectively. And I thank the gentleman for
raising these important issues.
Mr. Rohrabacher. Thank you.
Chairman Ros-Lehtinen. Do other members seek recognition on
the underlying bill?
Mr. Sherman is recognized.
Mr. Sherman. Thank you. I want to commend you for putting
forward what is one of the toughest nonproliferation bills ever
to come before this committee. I want to thank you for the
opportunity to be the lead Democratic cosponsor.
I commend you for requiring reports every 4 months. Both
the last administration and this administration have been
somewhat tardy in producing the reports. And I think by
shortening the time period and requiring three reports a year,
we are underlying the fact that we expect to get these reports
and expect to get them on time.
The U.S.-China Economic and Security Review Commission
identified a loophole in current law that arguably exempts from
sanctions the Chinese companies that are providing short-range
anti-naval cruise missiles to Iran and perhaps others included
in this bill. And I think it is important, especially for the
protection of our naval crews, that that be included in this
sanctions regime.
Finally, as you know, Madam Chairman, for so many years I
have been working to sanction those who would sell uranium
mining equipment and technology to Iran. It is critical that we
stop Iran's nuclear program. It is just as critical that even
if they have enough uranium for one or two devices, that we
prevent them from getting any more. That is why we need to work
around the world to stop Iran from buying yellow cake or
uranium in any form, but it is critically important that we
prevent Iran from being able to mine uranium within its own
territory. And this bill would go as far as any to accomplish
that goal.
So, with that, I yield back.
Chairman Ros-Lehtinen. Thank you so much, Mr. Sherman.
I would like to point out that it is a delight to have Ms.
Wilson back with us and that you are feeling good, you are
looking good. Welcome back, Frederica. We missed you.
Ms. Wilson of Florida. Thank you.
Chairman Ros-Lehtinen. Do any other members seek
recognition to speak on the underlying bill, the amendment in
the nature of a substitute?
Do any other members have amendments?
Mr. Berman does. The clerk will read the amendment.
Ms. Carroll. Amendment to the amendment in the nature of a
substitute to H.R. 2105, offered by Mr. Berman of California
and Ms. Ros-Lehtinen of California. Page 16, line 12, strike
``and.'' Page 16----
Chairman Ros-Lehtinen. Thank you. We will consider the
amendment as having been read.
[The amendment to the amendment in the nature of a
substitute follows:]
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Chairman Ros-Lehtinen. And Mr. Berman is recognized to
explain his amendment while our wonderful colleagues give out
copies. Thank you.
Mr. Berman. Thank you very much, Madam Chairman.
This amendment would simply eliminate the specific
reference to Russia and would exempt the Bushehr reactor, so
long as and only if it is not used for Iran's nuclear weapons
program, from sanctions under this bill.
Just to be clear, the amendment would not exempt future
civilian power reactors, nor would it prevent Russia from being
sanctioned like any other country if they engage in
sanctionable activity.
I urge my colleagues to support the amendment.
Chairman Ros-Lehtinen. I also do support this. I would like
to thank the ranking member for his amendment and for working
with us right up until the gavel went down to draft that
agreeable language.
I support this amendment and would like to ask unanimous
consent that it be considered adopted.
Without objection, so ordered.
Do any other members seek recognition?
Seeing no further requests for recognition, the question is
on agreeing to the bipartisan amendment in the nature of a
substitute, as amended by Mr. Berman.
All those in favor say aye.
All opposed, no.
In the opinion of the chair, the ayes have it, and the
amendment in the nature of a substitute, as amended, is agreed
to.
Without objection, the underlying bill, H.R. 2105, as
amended, is agreed to.
And I now move that the chair be authorized to seek
consideration of the measure by the House under suspension of
the rules.
Mr. Berman. Madam Chairman?
Chairman Ros-Lehtinen. Yes? Mr. Berman is recognized.
Mr. Berman. Could I add a unanimous consent request for
general leave for Members of the House to insert statements?
Chairman Ros-Lehtinen. Without objection, so ordered.
All those in favor say aye.
All opposed, no.
The ayes have it, and the motion is agreed to.
Without objection, the bill, as amended, will be reported
as a single amendment in the nature of a substitute
incorporating the amendments adopted by our committee. And the
staff is directed to make technical and conforming changes.
I want to thank all of the members and especially the
staff, this hardworking, bipartisan staff, for the work and the
cooperation that went into today's markup.
These are important bills. We are going to change history.
We are going to hold the executive branch accountable and make
them do the right thing.
Having concluded our business, the committee stands
adjourned. Thank you, ladies and gentlemen.
[Whereupon, at 11:10 a.m., the committee was adjourned.]
A P P E N D I X
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