Cooperation by Vietnam in Accounting for United States Prisoners of War and Missing in Action

President George W. Bush issued a determination that Vietnam is fully cooperating in good faith with U.S. efforts to account for POW/MIAs from the Vietnam War, as required by a congressional appropriations condition. However, he simultaneously asserted that the statutory requirement is unconstitutional as an infringement on presidential foreign affairs authority, providing the determination only as a matter of comity while reserving his constitutional position.

Federal Register Open PDF 66 FR 27827

Impact dates

May 18, 2001
Filed for Federal Register publication

Key directives

Determine Vietnam is fully cooperating in four specified areas of POW/MIA accounting
Determine that laboratories are analyzing remains and fulfilling responsibilities under section 610(B)
Assert section 610 is unconstitutional as violation of presidential foreign affairs authority
Provide determination as matter of comity while reserving constitutional position
Direct Secretary of State to report determination to appropriate congressional committees
Direct Secretary of State to publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Determination takes effect as signed
Secretary of State directed to report to Congress and publish in Federal Register

Near term (90d)

Federal Register publication (filed May 18, 2001)

Long term

Continued U.S.-Vietnam cooperation on POW/MIA accounting
Potential precedent for executive resistance to congressional conditions on appropriations

Risks & tensions

Executive branch asserts statute is unconstitutional while complying anyway—creates tension with Congress over separation of powers
Comity-based compliance may undermine future congressional oversight leverage on Vietnam policy
Vague whether 'appropriate committees' refers to specific House/Senate committees or all with jurisdiction