39–010 

Calendar No. 494 

113TH CONGRESS REPORT " ! SENATE 2nd Session 113–221 

S.J. RES. 36, A JOINT RESOLUTION RELATING TO THE APPROVAL AND IMPLEMENTATION OF THE PROPOSED 

AGREEMENT FOR NUCLEAR COOPERATION BETWEEN 

THE UNITED STATES AND THE SOCIALIST REPUBLIC 

OF VIETNAM 

JULY 29, 2014.—Ordered to be printed 

Mr. MENENDEZ, from the Committee on Foreign Relations, 

submitted the following 

R E P O R T 

[To accompany S.J. Res. 36] 

The Committee on Foreign Relations, having had under consideration the joint resolution (S.J. Res. 36), relating to the approval 

and implementation of the proposed agreement for nuclear cooperation between the United States and the Socialist Republic of Vietnam, reports favorably thereon, with an amendment, and recommends that the resolution (as amended) do pass. 

CONTENTS 

Page 

I. Purpose ........................................................................................................... 1 

II. Committee Action .......................................................................................... 2 

III. Discussion ....................................................................................................... 2 

IV. Cost Estimate ................................................................................................. 4 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Changes in Existing Law .............................................................................. 4 

I. PURPOSE

The purpose of S.J. Res. 36 is to approve and implement the proposed agreement for nuclear cooperation between the United States 

and the Socialist Republic of Vietnam. S.J. Res. 36 limits civil nuclear cooperation agreements to 30 years unless the President— 

within the final five years of the agreement—certifies to the appropriate committees that the party to the agreement has continued 

to fulfill the terms and conditions of the agreement and that the 

agreement continues to be in the interest of the United States, and 

Congress enacts a joint resolution permitting the continuation of 

the agreement for an additional period no longer than 30 years. 


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II. COMMITTEE ACTION

S.J. Res. 36 was introduced by Senator Menendez on May 22, 

2014. On July 22, 2014, the committee considered S.J. Res. 36 and 

reported it favorably, with amendments, by voice vote. Senator 

Markey asked to be recorded as voting against S.J. Res. 36. 

The committee took the following action with regard to amendments: 

A Manager’s amendment in the nature of a substitute was offered to the introduced bill and was agreed to by voice vote. This 

amendment included language to prevent funds being used to implement civil nuclear cooperation agreements beyond 30 years, except with respect to agreements entered into before August 1, 2014, 

the Taipei Economic and Cultural Representative Office in the 

United States and the International Atomic Energy Agency, and 

place additional requirements on the Nuclear Proliferation Assessment Statement which is submitted to the appropriate congressional committees alongside the text of a civil nuclear cooperation 

agreement. 

Senator Corker offered an amendment to add a tenth nonproliferation certification requirement that would accompany the 

President’s submission of civil nuclear cooperation agreements to 

Congress. Specifically, the amendment would have added a certification regarding a guaranty by the party that it would not possess 

sensitive nuclear facilities or otherwise engage in activities related 

to the enrichment or reprocessing of material. The amendment was 

not agreed to by voice vote. 

Senator Markey offered an amendment that would have restricted funds for civil nuclear cooperation agreements for any 

country that: withdraws from the Nuclear Non-Proliferation Treaty; engages in transfers of nuclear explosive devices or material, 

equipment and technology related to nuclear enrichment; delivers 

nuclear enrichment and reprocessing materials, equipment or technology to a country that does not have them; or seeks to develop 

or acquire nuclear enrichment and reprocessing materials, equipment, or technology, unless the terms of the country’s section 123 

agreement authorized it. The amendment was not agreed to by a 

roll call vote of 5 yeas and 11 nays. Senators Boxer, Markey, 

Corker, Rubio, and Flake voted in favor. Senators Menendez, 

Cardin, Shaheen, Durbin, Kaine, Coons, Udall, Risch, Johnson, 

McCain and Barrasso voted against. 

III. DISCUSSION

A section-by-section discussion of S.J. Res. 36, as amended, follows: 

Section 1 

Section 1 states that Congress favors the May 6, 2014, Agreement for Cooperation Between the Government of the United 

States and the Government of the Socialist Republic of Vietnam 

Concerning Peaceful Uses of Nuclear Energy. Additionally, this section states that the Agreement will become effective in accordance 

with the provisions of this joint resolution. 


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Section 2 

Section 2 prohibits the use of funds to implement any aspect of 

an agreement for civil cooperation pursuant to section 123 of the 

Atomic Energy Act of 1954 after 30 years has elapsed since the 

date of entry into force of such agreement. 

However, this restriction will not apply if the President, in the 

last five years of the agreement, certifies to the Committe on Foreign Relations of the Senate and the Committee on Foreign Affairs 

of the House of Representatives that the party to such agreement 

has continued to fulfill the terms and conditions of the agreement, 

that the agreement continues to be in the interest of the United 

States, and Congress enacts a joint resolution permitting the continuation of the agreement for an additional period of up to, but 

not more than, 30 years. 

The restriction set forth in section 2 does not apply to any agreement that had entered into force as of August 1, 2014, or to any 

agreement, or any amendment to an agreement with the Taipei 

Economic and Cultural Representative Office in the United States, 

or the International Atomic Energy Agency. 

Section 3 

Section 3 requires that each proposed export under the Agreement must be subject to whatever United States laws and regulations were in effect at the time of export. 

Section 4 

Section 4 requires that the Nuclear Proliferation Assessment 

Statement that the Secretary of State submits to the President in 

accordance with the requirements of section 123 of the Atomic Energy Act of 1954 must also be submitted to the appropriate congressional committees, and must be accompanied by a classified 

annex that is to be prepared in consultation with the Director of 

National Intelligence. 

The Nuclear Proliferation Assessment Statement must include 

an assessment of the consistency of the proposed agreement test, 

with the criterion set forth in subsection a of section 123 of the 

Atomic Energy Act of 1954; an assessment of the adequacy of safeguards, peaceful use assurances and other control mechanisms in 

the agreement that ensure that any assistance furnished in the 

agreement will not be used to further any military or nuclear explosive purpose; a historical review and assessment of the past proliferation activity of the cooperating party, including any suspect 

activity or activities potentially inconsistent with a peaceful nuclear program; a list of all treaties and agreements related to nonproliferation of weapons of mass destruction to which the cooperating party has signed; a thorough assessment of the cooperating 

party’s current laws that govern the non-proliferation of materials 

or equipment related to weapons of mass destruction; an explanation for the negotiated duration of the agreement; a comparison 

of the agreement to similar agreements between the United States 

and other countries in the region; an assessment of the strategic, 

security, stability and regional considerations addressed through 

the negotiation of this agreement; and an assessment of the physical and environmental security of the nuclear waste cycle that enVerDate Mar 15 2010 05:50 Jul 30, 2014 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR221.XXX SR221

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sures that the agreement addresses international concerns relating 

to such issues. 

The section also provides definitions for ‘‘appropriate congressional committees’’ and ‘‘cooperating parties.’’ 

IV. COST ESTIMATE

In accordance with Rule XXVI, paragraph 11(a) of the Standing 

Rules of the Senate, the committee provides this estimate of the 

costs of this legislation prepared by the Congressional Budget Office. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to Rule XXVI, paragraph 11(b) of the Standing Rules 

of the Senate, the committee has determined that there is no regulatory impact as a result of this legislation. 

VI. CHANGES IN EXISTING LAW

In compliance with Rule XXVI, paragraph 12 of the Standing 

Rules of the Senate, the committee has determined that there is no 

change to existing law made by the bill, as reported. 

Æ 


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