IA 

113TH CONGRESS 

2D SESSION S. J. RES. 36 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2014 

Referred to the Committee on Foreign Affairs 

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 beVerDate Mar 15 2010 00:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ36.RFH SJ36

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1 comes effective in accordance with the provisions of this 

2 joint resolution and other applicable provisions of law. 

3 SEC. 2. THIRTY-YEAR LIMIT ON CIVIL NUCLEAR ENGAGE4 MENT. 

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

6 funds may be used to implement any aspect of an agree7 ment for civil nuclear cooperation pursuant to section 123 

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

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

10 of such agreement unless— 

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

12 the agreement, has certified to the Committee on 

13 Foreign Relations of the Senate and the Committee 

14 on Foreign Affairs of the House of Representatives 

15 that the party to such agreement has continued to 

16 fulfill the terms and conditions of the agreement and 

17 that the agreement continues to be in the interest of 

18 the United States; and 

19 (2) Congress enacts a joint resolution permit20 ting the continuation of the agreement for an addi21 tional period of not more than 30 years. 

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

23 to— 

24 (1) any agreement that had entered into force 

25 as of August 1, 2014; 


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1 (2) any agreement with the Taipei Economic 

2 and Cultural Representative Office in the United 

3 States (TECRO) or the International Atomic En4 ergy Agency (IAEA); or 

5 (3) any amendment to an agreement described 

6 in paragraph (1) or (2). 

7 SEC. 3. APPLICABLE LAW. 

8 Each proposed nuclear export pursuant to an agree9 ment shall be subject to United States laws and regula10 tions in effect at the time of each such export. 

11 SEC. 4. ADDITIONAL REQUIREMENTS FOR NUCLEAR PRO12 LIFERATION ASSESSMENT STATEMENTS. 

13 (a) The Nuclear Proliferation Assessment Statement 

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

15 President pursuant to section 123 of the Atomic Energy 

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

17 the appropriate congressional committees and shall be ac18 companied by a classified annex, prepared in consultation 

19 with the Director of National Intelligence, identifying and 

20 explaining all classified information related to the agree21 ment to which such Nuclear Proliferation Assessment 

22 Statement applies, and shall, in addition to any other re23 quirements pursuant to law, include the following ele24 ments: 


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

2 of the proposed agreement for cooperation with all 

3 the requirements of the Atomic Energy Act of 1954 

4 and this Act, with specific attention to whether the 

5 proposed agreement is consistent with each criterion 

6 set forth in subsection a. of section 123 of the Atom7 ic Energy Act of 1954 (42 U.S.C. 2153). 

8 (2) An assessment of the adequacy of safe9 guards and other control mechanisms and the peace10 ful use assurances contained in the agreement for 

11 cooperation to ensure that any assistance furnished 

12 thereunder will not be used to further any military 

13 or nuclear explosive purpose. 

14 (3) A historical review and assessment of past 

15 proliferation activity of the cooperating party, or 

16 suspect activity identified by any element of the in17 telligence community in its review of raw or proc18 essed intelligence information, including all activities 

19 that are potentially inconsistent with a peaceful nu20 clear program and any potential delivery mecha21 nisms of concern. 

22 (4) A list of all the treaties and agreements re23 lated to non-proliferation of weapons of mass de24 struction to which the cooperating party is also a 

25 party. 


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

2 current national laws that govern the non-prolifera3 tion of materials or equipment related to weapons of 

4 mass destruction, including any chemical, biological, 

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

6 enriched uranium, or irradiated source material or 

7 special fissionable material. 

8 (6) An explanation for the negotiated duration 

9 of the agreement, including an explanation of the re10 newal and termination procedures. 

11 (7) A comparison of the agreement to other ex12 isting civil nuclear cooperation agreements between 

13 the United States and other states in the region. 

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

15 stability, and regional considerations throughout the 

16 negotiation of this agreement. 

17 (9) An assessment of the physical and environ18 mental security of the waste-cycle, ensuring the 

19 agreement addresses international concerns, includ20 ing international and local response. 

21 (b) DEFINITIONS.—In this section— 

22 (1) the term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Foreign Relations of 

25 the Senate; and 


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1 (B) the Committee on Foreign Relations of 

2 the House of Representatives; and 

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

4 entity with which the United States proposes to 

5 enter into an agreement for cooperation under the 

6 Atomic Energy Act of 1954, and shall include— 

7 (A) the government of such cooperating 

8 party; 

9 (B) any person authorized by or who acts 

10 with the knowledge of the government of such 

11 cooperating party; or 

12 (C) any person who acts within the terri13 tory of the cooperating party. 

Passed the Senate July 31, 2014. 

Attest: NANCY ERICKSON, 

Secretary. 


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