[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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