July 28, 2006

 

The Honorable Condoleezza Rice

Secretary of State
2201 C St. N.W.
Washington, DC 20520

 

Dear Secretary Rice,

 

As members of the Oversight and Investigations Subcommittee of the House International Relations Committee, we are writing to express our grave concerns about testimony provided by Acting Assistant Secretary of State for Nonproliferation Frank Record at a July 20, 2005 hearing on U.S. Nonproliferation Strategies – testimony that is, on its face, highly misleading if not intentionally deceptive.

 

As detailed in the hearing transcript printed below, Mr. Record was questioned about the Department’s failure to submit a mandatory report to Congress regarding WMD-related transfers to Iran prior to House consideration of H.R. 5682, the United States and India Nuclear Cooperation Promotion Act of 2006.  In response to a specific question about whether the long-overdue report would name any Indian entities that made such transfers to Iran, Mr. Record replied “I don’t recall.”  Mr. Record also asserted that, “There is no ulterior motive in waiting or trying to hold that information back.”

 

REP. BERMAN: Under the Iran Nonproliferation Act, the State Department -- presumably it's your Bureau -- is required to submit a report every six months on entities that have proliferated to Iran. The current report was due at the beginning of this month. It is now several weeks late. Some skeptics have expressed the view that the reason for the delay is you don't want to tell Congress about some of the sources of proliferation to Iran because it could undercut some of your other efforts. When will we get this report? And why wasn't it on time?

 

MR. RECORD: That's a good question. We have been -- our Bureau has been trying very hard to get these reports moving, and we've been really frustrated. And I will mention your comment and I will make sure that report gets up here as quickly as possible. There is no ulterior motive in waiting or trying to hold that information back.

 

REP. BERMAN: How do you know? But you answer to this --

 

MR. RECORD: But we will get that --

 

REP. BERMAN: -- question specifically?

 

MR. RECORD: I'll make sure that that report is up here as quickly as possible. It's of great frustration to us as well those aren't delivered on time and --

 

REP. BERMAN: Are there Indian entities on that report?

 

MR. RECORD: I don't recall. I think we -- there have been -- it's not a question of any particular entity or any particular country on there. It's just a question that we just haven't been able to get those reports up on time. So it doesn't really relate to any entity or country.

 

REP. BERMAN: We would expect you --

 

MR. RECORD: They will be up here as soon as possible. I will make sure that happens, Congressman.

 

REP. ROHRABACHER: Reclaiming the time here, we will expect the reports. And Mr. Berman is very much within his --

 

MR. RECORD: Okay. I've noted that.

 

On Thursday, July 27 -- one day after the House approved H.R. 5682 -- we became aware of press reports indicating that the Department is soon planning to submit the required report, and that it will include information about two Indian entities that made missile-related transfers to Iran during the reporting period.

 

We understand the Department has many reporting requirements to fulfill, but in this case we find it difficult to escape the conclusion that Department officials deliberately withheld this critical report until after the House considered the India nuclear legislation.  Sadly, we also find it very hard to believe that the Acting Assistant Secretary of the bureau responsible for writing the report was not aware – only one week before its release, when a final draft must have been under review – that it would name Indian entities.

 

When the Department fails to provide critical information to the Congress as required by law, and Department witnesses provide misleading testimony, it becomes impossible for our Subcommittee to fulfill its mandate of conducting meaningful oversight.  We expect to receive a detailed briefing on the circumstances surrounding the release of this report, along with your personal assurance that State Department witnesses we call to testify at future Subcommittee hearings will provide a complete and truthful statement of the facts.

       
      Sincerely,

 

/s
HOWARD L. BERMAN     WILLIAM D. DELAHUNT     DANA ROHRABACHER  
Member of Congress      Member of Congress          Member of Congress