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                                                       Calendar No. 494
113th Congress                                                   Report
                                 SENATE
 2nd Session                                                    113-221

======================================================================



 
     S.J. RES. 36, A 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.--Ordered to be printed

         Mr. Menendez, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                      [To accompany S.J. Res. 36]

    The Committee on Foreign Relations, having had under 
consideration the 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, reports favorably thereon, with an 
amendment, and recommends that the resolution (as amended) do 
pass.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Committee Action.................................................2
III. Discussion.......................................................2
 IV. Cost Estimate....................................................4
  V. Evaluation of Regulatory Impact..................................4
 VI. Changes in Existing Law..........................................4

                               I. PURPOSE

    The purpose of S.J. Res. 36 is to approve and implement the 
proposed agreement for nuclear cooperation between the United 
States and the Socialist Republic of Vietnam. S.J. Res. 36 
limits civil nuclear cooperation agreements to 30 years unless 
the President--within the final five years of the agreement--
certifies to the appropriate committees that the party to the 
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 Congress enacts a joint 
resolution permitting the continuation of the agreement for an 
additional period no longer than 30 years.

                          II. COMMITTEE ACTION

    S.J. Res. 36 was introduced by Senator Menendez on May 22, 
2014. On July 22, 2014, the committee considered S.J. Res. 36 
and reported it favorably, with amendments, by voice vote. 
Senator Markey asked to be recorded as voting against S.J. Res. 
36.
    The committee took the following action with regard to 
amendments:
    A Manager's amendment in the nature of a substitute was 
offered to the introduced bill and was agreed to by voice vote. 
This amendment included language to prevent funds being used to 
implement civil nuclear cooperation agreements beyond 30 years, 
except with respect to agreements entered into before August 1, 
2014, the Taipei Economic and Cultural Representative Office in 
the United States and the International Atomic Energy Agency, 
and place additional requirements on the Nuclear Proliferation 
Assessment Statement which is submitted to the appropriate 
congressional committees alongside the text of a civil nuclear 
cooperation agreement.
    Senator Corker offered an amendment to add a tenth 
nonproliferation certification requirement that would accompany 
the President's submission of civil nuclear cooperation 
agreements to Congress. Specifically, the amendment would have 
added a certification regarding a guaranty by the party that it 
would not possess sensitive nuclear facilities or otherwise 
engage in activities related to the enrichment or reprocessing 
of material. The amendment was not agreed to by voice vote.
    Senator Markey offered an amendment that would have 
restricted funds for civil nuclear cooperation agreements for 
any country that: withdraws from the Nuclear Non-Proliferation 
Treaty; engages in transfers of nuclear explosive devices or 
material, equipment and technology related to nuclear 
enrichment; delivers nuclear enrichment and reprocessing 
materials, equipment or technology to a country that does not 
have them; or seeks to develop or acquire nuclear enrichment 
and reprocessing materials, equipment, or technology, unless 
the terms of the country's section 123 agreement authorized it. 
The amendment was not agreed to by a roll call vote of 5 yeas 
and 11 nays. Senators Boxer, Markey, Corker, Rubio, and Flake 
voted in favor. Senators Menendez, Cardin, Shaheen, Durbin, 
Kaine, Coons, Udall, Risch, Johnson, McCain and Barrasso voted 
against.

                            III. DISCUSSION

    A section-by-section discussion of S.J. Res. 36, as 
amended, follows:

Section 1

    Section 1 states that Congress favors the May 6, 2014, 
Agreement for Cooperation Between the Government of the United 
States and the Government of the Socialist Republic of Vietnam 
Concerning Peaceful Uses of Nuclear Energy. Additionally, this 
section states that the Agreement will become effective in 
accordance with the provisions of this joint resolution.

Section 2

    Section 2 prohibits the use of funds to implement any 
aspect of an agreement for civil cooperation pursuant to 
section 123 of the Atomic Energy Act of 1954 after 30 years has 
elapsed since the date of entry into force of such agreement.
    However, this restriction will not apply if the President, 
in the last five years of the agreement, certifies to the 
Committe 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, that the agreement continues to be 
in the interest of the United States, and Congress enacts a 
joint resolution permitting the continuation of the agreement 
for an additional period of up to, but not more than, 30 years.
    The restriction set forth in section 2 does not apply to 
any agreement that had entered into force as of August 1, 2014, 
or to any agreement, or any amendment to an agreement with the 
Taipei Economic and Cultural Representative Office in the 
United States, or the International Atomic Energy Agency.

Section 3

    Section 3 requires that each proposed export under the 
Agreement must be subject to whatever United States laws and 
regulations were in effect at the time of export.

Section 4

    Section 4 requires that the Nuclear Proliferation 
Assessment Statement that the Secretary of State submits to the 
President in accordance with the requirements of section 123 of 
the Atomic Energy Act of 1954 must also be submitted to the 
appropriate congressional committees, and must be accompanied 
by a classified annex that is to be prepared in consultation 
with the Director of National Intelligence.
    The Nuclear Proliferation Assessment Statement must include 
an assessment of the consistency of the proposed agreement 
test, with the criterion set forth in subsection a of section 
123 of the Atomic Energy Act of 1954; an assessment of the 
adequacy of safeguards, peaceful use assurances and other 
control mechanisms in the agreement that ensure that any 
assistance furnished in the agreement will not be used to 
further any military or nuclear explosive purpose; a historical 
review and assessment of the past proliferation activity of the 
cooperating party, including any suspect activity or activities 
potentially inconsistent with a peaceful nuclear program; a 
list of all treaties and agreements related to non-
proliferation of weapons of mass destruction to which the 
cooperating party has signed; a thorough assessment of the 
cooperating party's current laws that govern the non-
proliferation of materials or equipment related to weapons of 
mass destruction; an explanation for the negotiated duration of 
the agreement; a comparison of the agreement to similar 
agreements between the United States and other countries in the 
region; an assessment of the strategic, security, stability and 
regional considerations addressed through the negotiation of 
this agreement; and an assessment of the physical and 
environmental security of the nuclear waste cycle that ensures 
that the agreement addresses international concerns relating to 
such issues.
    The section also provides definitions for ``appropriate 
congressional committees'' and ``cooperating parties.''

                           IV. COST ESTIMATE

    In accordance with Rule XXVI, paragraph 11(a) of the 
Standing Rules of the Senate, the committee provides this 
estimate of the costs of this legislation prepared by the 
Congressional Budget Office.


                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this legislation.

                      VI. CHANGES IN EXISTING LAW

    In compliance with Rule XXVI, paragraph 12 of the Standing 
Rules of the Senate, the committee has determined that there is 
no change to existing law made by the bill, as reported.