Congressional Record, Volume 160 Issue 122 (Thursday, July 31, 2014)

[Congressional Record Volume 160, Number 122 (Thursday, July 31, 2014)]
[Senate]
[Pages S5312-S5313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

RELATING TO THE APPROVAL AND IMPLEMENTATION OF THE PROPOSED AGREEMENT
FOR NUCLEAR COOPERATION BETWEEN THE UNITED STATES AND THE SOCIALIST
REPUBLIC OF VIETNAM

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 494, S.J. Res.
36.
The PRESIDING OFFICER. The clerk will report the joint resolution by
title.
The assistant legislative clerk read as follows:

A 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.

There being no objection, the Senate proceeded to consider the joint
resolution, which had been reported from the Committee on Foreign
Relations, with an amendment.
(Strike out all after the resolving clause and insert the part
printed in italic.)

S.J. Res. 36

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

SECTION 1. APPROVAL.

(a) Congress does favor the Agreement for Cooperation
Between the Government of the

[[Page S5313]]

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 of 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.
Mr. PRYOR. Madam President, I further ask unanimous consent that the
committee-reported substitute amendment be agreed to and the joint
resolution, as amended, be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The joint resolution was ordered to be engrossed for a third reading
and was read the third time.
Mr. PRYOR. I know of no further debate.
The PRESIDING OFFICER. The joint resolution having been read the
third time, the question is, Shall it pass?
The joint resolution (S.J. Res. 36), as amended, was passed.
Mr. PRYOR. Madam President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table, with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.

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