113TH CONGRESS 

2D SESSION S. J. RES. 36 

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, 

3 SECTION 1. APPROVAL. 

4 (a) Congress does favor the Agreement for Coopera5 tion Between the Government of the United States of 

6 America and the Government of the Socialist Republic of 

7 Vietnam Concerning Peaceful Uses of Nuclear Energy, 

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

9 to as the ‘‘Agreement’’. 

10 (b) Notwithstanding section 123 of the Atomic En11 ergy Act of 1954 (42 U.S.C. 2153), the Agreement be12 comes effective in accordance with the provisions of this 

13 joint resolution and other applicable provisions of law. 
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1 SEC. 2. THIRTY-YEAR LIMIT ON CIVIL NUCLEAR ENGAGE2 MENT. 

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

4 funds may be used to implement any aspect of an agree5 ment for civil nuclear cooperation pursuant to section 123 

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

7 the date that is 30 years after the date of entry into force 

8 of such agreement unless— 

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

10 the agreement, has certified to the Committee on 

11 Foreign Relations of the Senate and the Committee 

12 on Foreign Affairs of the House of Representatives 

13 that the party to such agreement has continued to 

14 fulfill the terms and conditions of the agreement and 

15 that the agreement continues to be in the interest of 

16 the United States; and 

17 (2) Congress enacts a joint resolution permit18 ting the continuation of the agreement for an addi19 tional period of not more than 30 years. 

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

21 to— 

22 (1) any agreement that had entered into force 

23 as of August 1, 2014; 

24 (2) any agreement with the Taipei Economic 

25 and Cultural Representative Office in the United 
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1 States (TECRO) or the International Atomic En2 ergy Agency (IAEA); or 

3 (3) any amendment to an agreement described 

4 in paragraph (1) or (2). 

5 SEC. 3. APPLICABLE LAW. 

6 Each proposed nuclear export pursuant to an agree7 ment shall be subject to United States laws and regula8 tions in effect at the time of each such export. 

9 SEC. 4. ADDITIONAL REQUIREMENTS FOR NUCLEAR PRO10 LIFERATION ASSESSMENT STATEMENTS. 

11 (a) The Nuclear Proliferation Assessment Statement 

12 required to be submitted by the Secretary of State to the 

13 President pursuant to section 123 of the Atomic Energy 

14 Act of 1954 (42 U.S.C. 2153) shall also be submitted to 

15 the appropriate congressional committees and shall be ac16 companied by a classified annex, prepared in consultation 

17 with the Director of National Intelligence, identifying and 

18 explaining all classified information related to the agree19 ment to which such Nuclear Proliferation Assessment 

20 Statement applies, and shall, in addition to any other re21 quirements pursuant to law, include the following ele22 ments: 

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

24 of the proposed agreement for cooperation with all 

25 the requirements of the Atomic Energy Act of 1954 
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1 and this Act, with specific attention to whether the 

2 proposed agreement is consistent with each criterion 

3 set forth in subsection a. of section 123 of the Atom4 ic Energy Act of 1954 (42 U.S.C. 2153). 

5 (2) An assessment of the adequacy of safe6 guards and other control mechanisms and the peace7 ful use assurances contained in the agreement for 

8 cooperation to ensure that any assistance furnished 

9 thereunder will not be used to further any military 

10 or nuclear explosive purpose. 

11 (3) A historical review and assessment of past 

12 proliferation activity of the cooperating party, or 

13 suspect activity identified by any element of the in14 telligence community in its review of raw or proc15 essed intelligence information, including all activities 

16 that are potentially inconsistent with a peaceful nu17 clear program and any potential delivery mecha18 nisms of concern. 

19 (4) A list of all the treaties and agreements re20 lated to non-proliferation of weapons of mass de21 struction to which the cooperating party is also a 

22 party. 

23 (5) An assessment of the cooperating party’s 

24 current national laws that govern the non-prolifera25 tion of materials or equipment related to weapons of 
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1 mass destruction, including any chemical, biological, 

2 or nuclear material, plutonium, uranium-233, high 

3 enriched uranium, or irradiated source material or 

4 special fissionable material. 

5 (6) An explanation for the negotiated duration 

6 of the agreement, including an explanation of the re7 newal and termination procedures. 

8 (7) A comparison of the agreement to other ex9 isting civil nuclear cooperation agreements between 

10 the United States and other states in the region. 

11 (8) An assessment of the strategic, security, 

12 stability, and regional considerations throughout the 

13 negotiation of this agreement. 

14 (9) An assessment of the physical and environ15 mental security of the waste-cycle, ensuring the 

16 agreement addresses international concerns, includ17 ing international and local response. 

18 (b) DEFINITIONS.—In this section— 

19 (1) the term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Foreign Relations of 

22 the Senate; and 

23 (B) the Committee on Foreign Relations of 

24 the House of Representatives; and 
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1 (2) the term ‘‘cooperating party’’ shall mean an 

2 entity with which the United States proposes to 

3 enter into an agreement for cooperation under the 

4 Atomic Energy Act of 1954, and shall include— 

5 (A) the government of such cooperating 

6 party; 

7 (B) any person authorized by or who acts 

8 with the knowledge of the government of such 

9 cooperating party; or 

10 (C) any person who acts within the terri11 tory of the cooperating party. 

Passed the Senate July 31, 2014. 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION S. J. RES. 36 

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 be-