House Foreign Affairs Committee Passes Bill on U.S.-Russia Nuclear Cooperation

On July 23, 2008, Representatives Howard Berman (D-CA) and Ileana Ros-Lehtinen (R-FL) introduced H.R. 6574, a bill to implement an agreement for nuclear cooperation between the U.S. and Russia. The legislation was referred to the House Foreign Affairs Committee and the House Committee on Science and Technology. On July 24, the House Foreign Affairs Committee held a session to markup the legislation. It was passed by Voice Vote.

Sections 201 and 202 of H.R. 6574 include two certification requirements related to Iran. According to the bill, "No license may be issued for the export of nuclear material, equipment, or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that:
1) Russia "has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology as defined in this Act to the Government of Iran" for the preceding 12 months; and
2) Russia "is fully and completely supporting United States efforts to achieve effective international and United Nations Security Council sanctions on Iran in response to Iran's nuclear program."

Below is the full text of Sections 201 and 202.

SEC. 201. CERTIFICATION OF ACTIONS BY THE RUSSIAN FEDERATION ON NONPROLIFERATION MATTERS.

(a) Certification- No license may be issued for the export of nuclear material, equipment, or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met.

(b) Requirements- The requirements referred to in subsection are the following:

(1) The Government of the Russian Federation has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology as defined in this Act to the Government of Iran.

(2) For the preceding 12-month period--

(A) there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; and

(B)(i) there has been no cooperation with respect to any activity described in paragraph (1) between any national of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; or

(ii) the Government of the Russian Federation has--

(I) terminated any significant cooperation between any such Russian national and the Government of Iran or any such Iranian national;

(II) instituted effective measures to prevent a reoccurrence of any such cooperation; or

(III) prosecuted any such Russian national.

(c) Limitation- A certification of the conditions described in clause (ii) of subsection (b)(2)(B) may not be used to satisfy the requirements of such subsection for three or more consecutive fiscal years.

(d) Sunset- The provisions of this section shall be effective for the 5-year period beginning on the date of the enactment of this Act.

SEC. 202. CERTIFICATION OF COOPERATION BY THE RUSSIAN FEDERATION ON IRAN SANCTIONS.

(a) Certification- No license may be issued for the export of nuclear material, equipment or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met.

(b) Requirements- The requirements referred to in subsection (a) are that the Government of the Russian Federation is fully and completely supporting United States efforts to achieve effective international and United Nations Security Council sanctions on Iran in response to Iran's nuclear program.