[Senate Report 113-221]
[From the U.S. Government Publishing Office]
Calendar No. 494
113th Congress Report
SENATE
2nd Session 113-221
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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.