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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 78 Engrossed in Senate (ES)]

109th CONGRESS
  2d Session
S. CON. RES. 78

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas Iran is a non-nuclear-weapon State Party to the Treaty on the Non-
        Proliferation of Nuclear Weapons, done at Washington, London, and Moscow 
        July 1, 1968 (commonly referred to as the ``Nuclear Non-Proliferation 
        Treaty''), under which Iran is obligated, pursuant to Article II of the 
        Treaty, ``not to receive the transfer from any transferor whatsoever of 
        nuclear weapons or other nuclear explosive devices or of control over 
        such weapons or explosive devices directly, or indirectly; not to 
        manufacture or otherwise acquire nuclear weapons or other nuclear 
        explosive devices; and not to seek or receive any assistance in the 
        manufacture of nuclear weapons or other nuclear explosive devices'';
Whereas Iran signed 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''), which 
        requires Iran to report the importation and use of nuclear material, to 
        declare nuclear facilities, and to accept safeguards on nuclear 
        materials and activities to ensure that such materials and activities 
        are not diverted to any military purpose and are used for peaceful 
        purposes and activities;
Whereas Iran signed the Protocol Additional to 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 at Vienna on December 18, 2003 (commonly referred to as the 
        ``Additional Protocol'');
Whereas the International Atomic Energy Agency (IAEA) reported in November 2003 
        that Iran had been developing an undeclared nuclear enrichment program 
        for 18 years and had covertly imported nuclear material and equipment, 
        carried out over 110 unreported experiments to produce uranium metal, 
        separated plutonium, and concealed many other aspects of its nuclear 
        facilities and activities;
Whereas the Government of Iran informed the Director General of the IAEA on 
        November 10, 2003, of its decision to suspend enrichment-related and 
        reprocessing activities, and stated that the suspension would cover all 
        activities at the Natanz enrichment facility, the production of all feed 
        material for enrichment, and the importation of any enrichment-related 
        items;
Whereas in a Note Verbale dated December 29, 2003, the Government of Iran 
        specified the scope of suspension of its enrichment and reprocessing 
        activities, which the IAEA was invited to verify, including the 
        suspension of the operation or testing or any centrifuges, either with 
        or without nuclear material, at the Pilot Fuel Enrichment Plant at 
        Natanz, the suspension of further introduction of nuclear material into 
        any centrifuges, the suspension of the installation of new centrifuges 
        at the Pilot Fuel Enrichment Plant and the installation of centrifuges 
        at the Fuel Enrichment Plant at Natanz, and, to the extent practicable, 
        the withdrawal of nuclear material from any centrifuge enrichment 
        facility;
Whereas on February 24, 2004, the Government of Iran informed the IAEA of its 
        decision to expand the scope and clarify the nature of its decision to 
        suspend to the furthest extent possible the assembly and testing of 
        centrifuges and the domestic manufacture of centrifuge components, 
        including those related to existing contracts, informed the IAEA that 
        any components that are manufactured under existing contracts that 
        cannot be suspended will be stored and placed under IAEA seal, invited 
        the IAEA to verify these measures, and confirmed that the suspension of 
        enrichment activities applied to all facilities in Iran;
Whereas in November 2004, the Governments of the United Kingdom, France, and 
        Germany entered into an agreement with Iran on Iran's nuclear program 
        (commonly referred to as the ``Paris Agreement''), securing a formal 
        commitment from the Government of Iran to voluntarily suspend uranium 
        enrichment operations in exchange for discussions on economic, 
        technological, political, and security issues;
Whereas the Department of State has reported for a decade on Iran's state 
        sponsorship of terrorism and has declared in its most recent Country 
        Reports on Terrorism that Iran ``remained the most active state sponsor 
        of terrorism in 2004'';
Whereas President of Iran Mahmoud Ahmadinejad expressed, in an October 26, 2005, 
        speech, his hope for ``a world without America'' and his desire ``to 
        wipe Israel off the map'' and has subsequently denied the existence of 
        the holocaust;
Whereas Article XII.C of the Statute of the IAEA requires the IAEA Board of 
        Governors to report the noncompliance of any member of the IAEA with its 
        IAEA safeguards obligations to all members and to the Security Council 
        and General Assembly of the United Nations;
Whereas Article III.B-4 of the Statute of the IAEA specifies that ``if in 
        connection with the activities of the Agency there should arise 
        questions that are within the competence of the Security Council, the 
        Agency shall notify the Security Council, as the organ bearing the main 
        responsibility for the maintenance of international peace and 
        security'';
Whereas on September 24, 2005, the IAEA Board of Governors adopted a resolution 
        finding that Iran's many failures and breaches of its obligations to 
        comply with the Safeguards Agreement constitute noncompliance in the 
        context of Article XII.C of the Statute of the IAEA and that matters 
        concerning Iran's nuclear program have given rise to questions that are 
        within the competence of the Security Council as the organ bearing the 
        primary responsibility for the maintenance of international peace and 
        security;
Whereas on January 3, 2006, the Government of Iran announced that it planned to 
        restart its nuclear research efforts, nullifying the Paris Agreement;
Whereas in January 2006, Iranian officials, in the presence of IAEA inspectors, 
        began to remove IAEA seals from the enrichment facility in Natanz, Iran;
Whereas Foreign Secretary of the United Kingdom Jack Straw warned Iranian 
        officials that they were ``pushing their luck'' by removing the United 
        Nations seals that were placed on the Natanz facility by the IAEA 2 
        years earlier;
Whereas President of France Jacques Chirac said that the Governments of Iran and 
        North Korea risk making a ``serious error'' by pursuing nuclear 
        activities in defiance of international agreements;
Whereas Foreign Minister of Germany Frank-Walter Steinmeier said that the 
        Government of Iran had ``crossed lines which it knew would not remain 
        without consequences'';
Whereas Secretary of State Condoleezza Rice stated, ``It is obvious that if Iran 
        cannot be brought to live up to its international obligations, in fact, 
        the IAEA Statute would indicate that Iran would have to be referred to 
        the U.N. Security Council.'';
Whereas President Ahmadinejad stated, ``The Iranian government and nation has no 
        fear of the Western ballyhoo and will continue its nuclear programs with 
        decisiveness and wisdom.''; and
Whereas the United States has joined with the Governments of Britain, France, 
        and Germany in calling for a meeting of the IAEA Board of Governors to 
        discuss Iran's non-compliance with its IAEA safeguards obligations: Now, 
        therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) condemns the many failures of the Government of Iran to 
        comply faithfully with its nuclear nonproliferation 
        obligations, including its obligations under the Safeguards 
        Agreement (as reported by the Director General of the IAEA to 
        the IAEA Board of Governors since 2003), its suspension 
        commitments under the Paris Agreement, and prior commitments to 
        the EU-3 to suspend all enrichment- and reprocessing-related 
        activities;
            (2) commends the efforts of the Governments of France, 
        Germany, and the United Kingdom to seek a meaningful and 
        credible suspension of Iran's enrichment- and reprocessing-
        related activities and to find a diplomatic means to address 
        the noncompliance of the Government of Iran with its 
        obligations, requirements, and commitments related to nuclear 
        non-proliferation;
            (3) strongly urges the IAEA Board of Governors, at its 
        special meeting on February 2, 2006, to order that Iran's 
        noncompliance with its safeguards obligations be reported to 
        the United Nations Security Council; and
            (4) calls on all members of the United Nations Security 
        Council, in particular the Russian Federation and the People's 
        Republic of China, to act expeditiously to consider any report 
        of Iran's noncompliance in fulfillment of the mandate of the 
        Security Council to respond to and deal with situations bearing 
        on the maintenance of international peace and security.

            Passed the Senate January 27, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                            S. CON. RES. 78

_______________________________________________________________________

                         CONCURRENT RESOLUTION

   Condemning the Government of Iran for violating its international 
nuclear nonproliferation obligations and expressing support for efforts 
         to report Iran to the United Nations Security Council.
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