IIA 

Calendar No. 494 

113TH CONGRESS 

2D SESSION S. J. RES. 36 

[Report No. 113–221] 

Relating to the approval and implementation of the proposed agreement 

for nuclear cooperation between the United States and the Socialist 

Republic of Vietnam. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2014 

Mr. MENENDEZ (for himself, Mr. KAINE, and Mrs. SHAHEEN) introduced the 

following joint resolution; which was read twice and referred to the Committee on Foreign Relations 

JULY 29, 2014 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the resolving clause and insert the part printed in italic] 

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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 


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1 SECTION 1. APPROVAL. 

2 (a) Congress does favor the Agreement for Coopera3 tion Between the Government of the United States of 

4 America and the Government of the Socialist Republic of 

5 Vietnam Concerning Peaceful Uses of Nuclear Energy, 

6 signed on May 6, 2014, in this joint resolution referred 

7 to as the ‘‘Agreement’’. 

8 (b) Notwithstanding section 123 of the Atomic En9 ergy Act of 1954 (42 U.S.C. 2153), the Agreement be10 comes effective in accordance with the provisions of this 

11 joint resolution and other applicable provisions of law. 

12 SEC. 2. THIRTY-YEAR LIMIT ON NUCLEAR EXPORTS. 

13 (a) Notwithstanding section 123 of the Atomic En14 ergy Act of 1954 (42 U.S.C. 2153) and except as provided 

15 in subsection (b) and section 3, no license to export pursu16 ant to an agreement that has entered into force pursuant 

17 to the requirements of such section 123 may be issued 

18 after the date that is 30 years after the date of entry into 

19 force of such agreement. 

20 (b) The restriction in subsection (a) shall not apply 

21 to— 

22 (1) any agreement with a country that is a 

23 member country of the North Atlantic Treaty Orga24 nization, or Australia, Israel, Japan, the Republic of 

25 Korea, New Zealand, the Taipei Economic and Cul26 tural Representative Office in the United States 


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1 (TECRO), or the International Atomic Energy 

2 Agency; 

3 (2) any agreement that had entered into force 

4 as of August 1, 2014; or 

5 (3) any amendment to an agreement described 

6 in paragraph (1) or (2). 

7 SEC. 3. EXTENSION OF EXISTING AGREEMENTS. 

8 Congress may, in the final five years of the 30-year 

9 time limit applicable to the issuance of export licenses pur10 suant to an agreement under section 2(a), enact a joint 

11 resolution permitting the issuance of such licenses for an 

12 additional period of not more than 30 years without the 

13 President submitting a new agreement pursuant to the re14 quirements of section 123 of the Atomic Energy Act of 

15 1954 (42 U.S.C. 2153). 

16 SEC. 4. APPLICABLE LAW. 

17 Each proposed export pursuant to the Agreement 

18 shall be subject to United States laws and regulations in 

19 effect at the time of each such export. 

20 SECTION 1. APPROVAL. 

21 (a) Congress does favor the Agreement for Cooperation 

22 Between the Government of the United States of America 

23 and the Government of the Socialist Republic of Vietnam 

24 Concerning Peaceful Uses of Nuclear Energy, signed on 


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1 May 6, 2014, in this joint resolution referred to as the 

2 ‘‘Agreement’’. 

3 (b) Notwithstanding section 123 of the Atomic Energy 

4 Act of 1954 (42 U.S.C. 2153), the Agreement becomes effec5 tive in accordance with the provisions of this joint resolu6 tion and other applicable provisions of law. 

7 SEC. 2. THIRTY-YEAR LIMIT ON CIVIL NUCLEAR ENGAGE8 MENT. 

9 (a) Notwithstanding any other provision of law, no 

10 funds may be used to implement any aspect of an agreement 

11 for civil nuclear cooperation pursuant to section 123 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2153) after the date 

13 that is 30 years after the date of entry into force of such 

14 agreement unless— 

15 (1) the President, within the final five years of 

16 the agreement, has certified to the Committee on For17 eign Relations of the Senate and the Committee on 

18 Foreign Affairs of the House of Representatives that 

19 the party to such agreement has continued to fulfill 

20 the terms and conditions of the agreement and that 

21 the agreement continues to be in the interest of the 

22 United States; and 

23 (2) Congress enacts a joint resolution permitting 

24 the continuation of the agreement for an additional 

25 period of not more than 30 years. 


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1 (b) The restriction in subsection (a) shall not apply 

2 to— 

3 (1) any agreement that had entered into force as 

4 of August 1, 2014; 

5 (2) any agreement with the Taipei Economic 

6 and Cultural Representative Office in the United 

7 States (TECRO) or the International Atomic Energy 

8 Agency (IAEA); or 

9 (3) any amendment to an agreement described in 

10 paragraph (1) or (2). 

11 SEC. 3. APPLICABLE LAW. 

12 Each proposed nuclear export pursuant to an agree13 ment shall be subject to United States laws and regulations 

14 in effect at the time of each such export. 

15 SEC. 4. ADDITIONAL REQUIREMENTS FOR NUCLEAR PRO16 LIFERATION ASSESSMENT STATEMENTS. 

17 (a) The Nuclear Proliferation Assessment Statement 

18 required to be submitted by the Secretary State to the Presi19 dent pursuant to section 123 of the Atomic Energy Act of 

20 1954 (42 U.S.C. 2153) shall also be submitted to the appro21 priate congressional committees and shall be accompanied 

22 by a classified annex, prepared in consultation with the Di23 rector of National Intelligence, identifying and explaining 

24 all classified information related to the agreement to which 

25 such Nuclear Proliferation Assessment Statement applies, 


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1 and shall, in addition to any other requirements pursuant 

2 to law, include the following elements: 

3 (1) An assessment of the consistency of the text 

4 of the proposed agreement for cooperation with all the 

5 requirements of the Atomic Energy Act of 1954 and 

6 this Act, with specific attention to whether the pro7 posed agreement is consistent with each criterion set 

8 forth in subsection a. of section 123 of the Atomic En9 ergy Act of 1954 (42 U.S.C. 2153). 

10 (2) An assessment of the adequacy of safeguards 

11 and other control mechanisms and the peaceful use 

12 assurances contained in the agreement for cooperation 

13 to ensure that any assistance furnished thereunder 

14 will not be used to further any military or nuclear 

15 explosive purpose. 

16 (3) A historical review and assessment of past 

17 proliferation activity of the cooperating party, or sus18 pect activity identified by any element of the intel19 ligence community in its review of raw or processed 

20 intelligence information, including all activities that 

21 are potentially inconsistent with a peaceful nuclear 

22 program and any potential delivery mechanisms of 

23 concern. 


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1 (4) A list of all the treaties and agreements re2 lated to non-proliferation of weapons of mass destruc3 tion to which the cooperating party is also a party. 

4 (5) An assessment of the cooperating party’s cur5 rent national laws that govern the non-proliferation 

6 of materials or equipment related to weapons of mass 

7 destruction, including any chemical, biological, or nu8 clear material, plutonium, uranium-233, high en9 riched uranium, or irradiated source material or spe10 cial fissionable material. 

11 (6) An explanation for the negotiated duration of 

12 the agreement, including an explanation of the re13 newal and termination procedures. 

14 (7) A comparison of the agreement to other exist15 ing civil nuclear cooperation agreements between the 

16 United States and other states in the region. 

17 (8) An assessment of the strategic, security, sta18 bility, and regional considerations throughout the ne19 gotiation of this agreement. 

20 (9) An assessment of the physical and environ21 mental security of the waste-cycle, ensuring the agree22 ment addresses international concerns, including 

23 international and local response. 

24 (b) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘appropriate congressional commit2 tees’’ means— 

3 (A) the Committee on Foreign Relations of 

4 the Senate; and 

5 (B) the Committee on Foreign Relations of 

6 the House of Representatives; and 

7 (2) the term ‘‘cooperating party’’ shall mean an 

8 entity with which the United States proposes to enter 

9 into an agreement for cooperation under the Atomic 

10 Energy Act of 1954, and shall include— 

11 (A) the government of such cooperating 

12 party; 

13 (B) any person authorized by or who acts 

14 with the knowledge of the government of such co15 operating party; or 

16 (C) any person who acts within the terri17 tory of the cooperating party. 


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Calendar No. 494 

113TH CONGRESS 

2D SESSION S. J. RES. 36 

[Report No. 113–221] 

JOINT RESOLUTION 

Relating to the approval and implementation of the 

lic of Vietnam. tween the United States and the Socialist Repubproposed agreement for nuclear cooperation beJULY 29, 2014 

Reported with an amendment 


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