II 109th CONGRESS 2d Session S. 4032 IN THE SENATE OF THE UNITED STATES September 29, 2006 Mr. Coleman (for himself and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To discourage international assistance to the nuclear program of Iran and transfers to Iran of advanced conventional weapons and missiles.

1.

Short title

This Act may be cited as the Iran Nuclear Nonproliferation Act of 2006.

2.

Statement of policy

It should be the policy of the United States to neither negotiate nor seek to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran unless the President has made— (1)the determination set forth in section 3(a)(1) with respect to Iran; or (2)the determination set forth in section 3(a)(2) with respect to the government of that country.

3.

Restrictions on nuclear cooperation with countries assisting the nuclear program of iran

(a)

In general

Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States and the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran may be submitted to the President or to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), no such agreement may enter into force with such country, no license may be issued for export directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that— (1)Iran has suspended all enrichment-related and reprocessing-related activity (including uranium conversion, and research and development, manufacturing, testing, and assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity in the future (except potentially the conversion of uranium exclusively for export to foreign nuclear fuel production facilities pursuant to internationally agreed arrangements and subject to strict international safeguards), and is abiding by that commitment; or (2)the government of the country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran— (A)has, either on its own initiative or pursuant to a binding decision of the United Nations Security Council, suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran pending a decision by Iran to implement measures that would permit the President to make the determination described in paragraph (1); and (B)is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination. (b)

Construction

The restrictions in subsection (a)— (1)shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 and other laws; and (2)shall not be construed as affecting the validity of agreements for cooperation that are in effect on the date of the enactment of this Act.

4.

Definitions

In this Act: (1)

Agreement for cooperation

The term agreement for cooperation has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)). (2)

Assisting the nuclear program of Iran

The term assisting the nuclear program of Iran means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, and subsequent revisions). (3)

Country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran

The term country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran means— (A)Russia; and (B)any other country determined by the President to be assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran. (4)

Transferring advanced conventional weapons or missiles to Iran

The term transferring advanced conventional weapons or missiles to Iran means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on— (A)the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (B)the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions.