House voices serious doubts about U.S.-Russia nuclear agreement

Katherine Ling

Environment and Energy Daily

June 13, 2008

Members of the House Foreign Affairs Committee yesterday questioned whether a U.S.-Russia civil nuclear agreement would encourage Russia to help contain Iran's nuclear ambitions or unjustly reward Russia without knowing the status of its nuclear relationship with Iran at this time.

"While Russia recently has been more supportive, its commitment to effective international action remains in question," said Chairman Howard Berman (D-Calif.) at a hearing yesterday. While expressing many doubts, Berman said he had not made up his mind about the agreement yet.

But ranking member Ileana Ros-Lehtinen (R-Fla.) said the intent of Congress "is unmistakable" in its opposition to consideration of an agreement with any country that is assisting Iran's nuclear weapons program.

The Bush administration has asked for a waiver from restrictions in the Iran, North Korea, Syria Nonproliferation Act, which would only be necessary if the president cannot certify that Russia has stopped proliferating weapons of mass destruction and missiles to Iran and the other countries, Ros-Lehtinen said.

"Either Russia is assisting Iran or it is not," she said. "You cannot have it both ways." Ros-Lehtinen recommended the administration withdraw the "123 agreement."

Acting Undersecretary of State John Rood said that under the Nonproliferation Act, the threshold to certify Russia has never sent weapons of any kind -- nuclear, conventional, chemical or biological -- cannot be met but that the same requirements are not necessary under the Atomic Energy Act that governs the U.S.-Russia agreement.

"With respect to the Bushehr issue [Iran's nuclear reactor] ... the steps Russia has put in place in its agreement with Iran mitigated our concerns," Rood said. "These measures included Russia's supply and take back of spent fuel from Iran."

Berman said the administration's arguments were not precisely persuasive. "Mitigated is a funny term here," he said.

Rood also noted that the administration believes Russia's recent cooperation in the United Nations security resolutions against Iran can be traced to the United States' willingness to enter into negotiations with Russia on the 123 agreement.

"We are better off with the agreement in getting Russian cooperation than without it," Rood said. While a major purpose behind the agreement is to incentivize Russian cooperation on the Iranian front, the United States could also benefit from Russia's advanced fast reactors to burn up spent nuclear fuel and other nonproliferation objectives under the Global Nuclear Energy Partnership, Rood said.

Rep. Ed Markey (D-Mass.) has introduced a "Resolution of Disapproval" to block the agreement. The House has already passed legislation that would not allow any agreements to be submitted to Congress with any country that is assisting Iran's weapons programs. The companion bill currently has 73 cosponsors in the Senate but it has not come up for a vote yet.

Starting from May 13 when Bush submitted the agreement, Congress has 90 days of continuous session in both the House and Senate to either: approve the agreement; approve it with conditions; or, disapprove of the agreement or it will automatically go into effect. It takes two-thirds of the House and Senate to block the agreement. Proliferation in Saudi Arabia

Markey also introduced legislation yesterday that would prevent the United States from transferring civilian nuclear technology to Saudi Arabia, as promised in a May 16 memorandum of understanding signed by Secretary of State Condoleezza Rice and Saudi Arabia's minister of foreign affairs.

Saudi Arabia is one of the most energy rich nations in the world both in its oil reserves and its vast deserts are "awash in sunshine," Markey said. "Why do they need nuclear power? It makes zero economic sense," he added.

Markey said Rep. Cliff Stearns (R-Fla.) has voiced support for the legislation and he is talking to half a dozen other Republicans. Sen. Charles Schumer (D-N.Y.) has introduced a resolution with the same provisions in the Senate. Schumer said he is talking with Sen. Jon Kyl (R-Ariz.) about his support, and Sens. Sam Brownback (R-Kan.) and John Ensign (R-Nev.) have shown interest.