[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 36 Reported in Senate (RS)]

                                                       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.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

<DELETED>SECTION 1. APPROVAL.</DELETED>

<DELETED>    (a) Congress does favor the Agreement for Cooperation 
Between the Government of the United States of America and the 
Government of the Socialist Republic of Vietnam Concerning Peaceful 
Uses of Nuclear Energy, signed on May 6, 2014, in this joint resolution 
referred to as the ``Agreement''.</DELETED>
<DELETED>    (b) Notwithstanding section 123 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2153), the Agreement becomes effective in accordance 
with the provisions of this joint resolution and other applicable 
provisions of law.</DELETED>

<DELETED>SEC. 2. THIRTY-YEAR LIMIT ON NUCLEAR EXPORTS.</DELETED>

<DELETED>    (a) Notwithstanding section 123 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2153) and except as provided in subsection (b) and 
section 3, no license to export pursuant to an agreement that has 
entered into force pursuant to the requirements of such section 123 may 
be issued after the date that is 30 years after the date of entry into 
force of such agreement.</DELETED>
<DELETED>    (b) The restriction in subsection (a) shall not apply to--
</DELETED>
        <DELETED>    (1) any agreement with a country that is a member 
        country of the North Atlantic Treaty Organization, or 
        Australia, Israel, Japan, the Republic of Korea, New Zealand, 
        the Taipei Economic and Cultural Representative Office in the 
        United States (TECRO), or the International Atomic Energy 
        Agency;</DELETED>
        <DELETED>    (2) any agreement that had entered into force as 
        of August 1, 2014; or</DELETED>
        <DELETED>    (3) any amendment to an agreement described in 
        paragraph (1) or (2).</DELETED>

<DELETED>SEC. 3. EXTENSION OF EXISTING AGREEMENTS.</DELETED>

<DELETED>    Congress may, in the final five years of the 30-year time 
limit applicable to the issuance of export licenses pursuant to an 
agreement under section 2(a), enact a joint resolution permitting the 
issuance of such licenses for an additional period of not more than 30 
years without the President submitting a new agreement pursuant to the 
requirements of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153).</DELETED>

<DELETED>SEC. 4. APPLICABLE LAW.</DELETED>

<DELETED>    Each proposed export pursuant to the Agreement shall be 
subject to United States laws and regulations in effect at the time of 
each such export.</DELETED>

SECTION 1. APPROVAL.

    (a) Congress does favor the Agreement for Cooperation Between the 
Government of the United States of America and the Government of the 
Socialist Republic of Vietnam Concerning Peaceful Uses of Nuclear 
Energy, signed on May 6, 2014, in this joint resolution referred to as 
the ``Agreement''.
    (b) Notwithstanding section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153), the Agreement becomes effective in accordance with 
the provisions of this joint resolution and other applicable provisions 
of law.

SEC. 2. THIRTY-YEAR LIMIT ON CIVIL NUCLEAR ENGAGEMENT.

    (a) Notwithstanding any other provision of law, no funds may be 
used to implement any aspect of an agreement for civil nuclear 
cooperation pursuant to section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153) after the date that is 30 years after the date of 
entry into force of such agreement unless--
            (1) the President, within the final five years of the 
        agreement, has certified to the Committee 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 
        and that the agreement continues to be in the interest of the 
        United States; and
            (2) Congress enacts a joint resolution permitting the 
        continuation of the agreement for an additional period of not 
        more than 30 years.
    (b) The restriction in subsection (a) shall not apply to--
            (1) any agreement that had entered into force as of August 
        1, 2014;
            (2) any agreement with the Taipei Economic and Cultural 
        Representative Office in the United States (TECRO) or the 
        International Atomic Energy Agency (IAEA); or
            (3) any amendment to an agreement described in paragraph 
        (1) or (2).

SEC. 3. APPLICABLE LAW.

    Each proposed nuclear export pursuant to an agreement shall be 
subject to United States laws and regulations in effect at the time of 
each such export.

SEC. 4. ADDITIONAL REQUIREMENTS FOR NUCLEAR PROLIFERATION ASSESSMENT 
              STATEMENTS.

    (a) The Nuclear Proliferation Assessment Statement required to be 
submitted by the Secretary State to the President pursuant to section 
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) shall also be 
submitted to the appropriate congressional committees and shall be 
accompanied by a classified annex, prepared in consultation with the 
Director of National Intelligence, identifying and explaining all 
classified information related to the agreement to which such Nuclear 
Proliferation Assessment Statement applies, and shall, in addition to 
any other requirements pursuant to law, include the following elements:
            (1) An assessment of the consistency of the text of the 
        proposed agreement for cooperation with all the requirements of 
        the Atomic Energy Act of 1954 and this Act, with specific 
        attention to whether the proposed agreement is consistent with 
        each criterion set forth in subsection a. of section 123 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2153).
            (2) An assessment of the adequacy of safeguards and other 
        control mechanisms and the peaceful use assurances contained in 
        the agreement for cooperation to ensure that any assistance 
        furnished thereunder will not be used to further any military 
        or nuclear explosive purpose.
            (3) A historical review and assessment of past 
        proliferation activity of the cooperating party, or suspect 
        activity identified by any element of the intelligence 
        community in its review of raw or processed intelligence 
        information, including all activities that are potentially 
        inconsistent with a peaceful nuclear program and any potential 
        delivery mechanisms of concern.
            (4) A list of all the treaties and agreements related to 
        non-proliferation of weapons of mass destruction to which the 
        cooperating party is also a party.
            (5) An assessment of the cooperating party's current 
        national laws that govern the non-proliferation of materials or 
        equipment related to weapons of mass destruction, including any 
        chemical, biological, or nuclear material, plutonium, uranium-
        233, high enriched uranium, or irradiated source material or 
        special fissionable material.
            (6) An explanation for the negotiated duration of the 
        agreement, including an explanation of the renewal and 
        termination procedures.
            (7) A comparison of the agreement to other existing civil 
        nuclear cooperation agreements between the United States and 
        other states in the region.
            (8) An assessment of the strategic, security, stability, 
        and regional considerations throughout the negotiation of this 
        agreement.
            (9) An assessment of the physical and environmental 
        security of the waste-cycle, ensuring the agreement addresses 
        international concerns, including international and local 
        response.
    (b) Definitions.--In this section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Relations of the House 
                of Representatives; and
            (2) the term ``cooperating party'' shall mean an entity 
        with which the United States proposes to enter into an 
        agreement for cooperation under the Atomic Energy Act of 1954, 
        and shall include--
                    (A) the government of such cooperating party;
                    (B) any person authorized by or who acts with the 
                knowledge of the government of such cooperating party; 
                or
                    (C) any person who acts within the territory of the 
                cooperating party.




                                                       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 proposed agreement 
  for nuclear cooperation between the United States and the Socialist 
                          Republic of Vietnam.

_______________________________________________________________________

                             July 29, 2014

                       Reported with an amendment