[Congressional Record Volume 160, Number 69 (Thursday, May 8, 2014)]
[House]
[Pages H3979-H3980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES 
  OF AMERICA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM 
CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--MESSAGE FROM THE PRESIDENT 
               OF THE UNITED STATES (H. DOC. NO. 113-109)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, referred to the Committee on Foreign 
Affairs and ordered to be printed:

To the Congress of the United States:
  I am pleased to transmit to the Congress, pursuant to sections 123 b. 
and 123 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2153(b), (d)) (the ``Act''), the text of a proposed Agreement for 
Cooperation between the Government of the United States of America and 
the Government of the Socialist Republic of Vietnam Concerning Peaceful 
Uses of Nuclear Energy (the ``Agreement''). I am also pleased to 
transmit my written approval, authorization, and determination 
concerning the Agreement, and an unclassified Nuclear Proliferation 
Assessment Statement (NPAS) concerning the Agreement. (In accordance 
with section 123 of the Act, as amended by title XII of the Foreign 
Affairs Reform and Restructuring Act of 1998 (Public Law 105-277), a 
classified annex to the NPAS, prepared by the Secretary of State in 
consultation with the Director of National Intelligence, summarizing 
relevant classified information, will be submitted to the Congress 
separately.) The joint memorandum submitted to me by the Secretaries of 
State and Energy and a letter from the Chairman of the Nuclear 
Regulatory Commission stating the views of the Commission are also 
enclosed. An addendum to the NPAS containing a comprehensive analysis 
of Vietnam's export control system with respect to nuclear-related 
matters, including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or missile-
related transfers to such countries, pursuant to section 102A of the 
National Security Act of 1947 (50 U.S.C. 403-1), as amended, is being 
submitted separately by the Director of National Intelligence.
  The proposed Agreement has been negotiated in accordance with the Act 
and other applicable law. In my judgment, it meets all applicable 
statutory requirements and will advance the nonproliferation and other 
foreign policy interests of the United States.
  The proposed Agreement provides a comprehensive framework for 
peaceful nuclear cooperation with Vietnam based on a mutual commitment 
to nuclear nonproliferation. Vietnam has affirmed that it does not 
intend to seek to acquire sensitive fuel cycle capabilities, but 
instead will rely upon the

[[Page H3980]]

international market in order to ensure a reliable nuclear fuel supply 
for Vietnam. This political commitment by Vietnam has been reaffirmed 
in the preamble of the proposed Agreement. The Agreement also contains 
a legally binding provision that prohibits Vietnam from enriching or 
reprocessing U.S.-origin material without U.S. consent.
  The proposed Agreement will have an initial term of 30 years from the 
date of its entry into force, and will continue in force thereafter for 
additional periods of 5 years each. Either party may terminate the 
Agreement on 6 months' advance written notice at the end of the initial 
30 year term or at the end of any subsequent 5-year period. 
Additionally, either party may terminate the Agreement on 1 year's 
written notice. I recognize the importance of executive branch 
consultations with the Congress regarding the status of the Agreement 
prior to the end of the 30-year period after entry into force and prior 
to the end of each 5-year period thereafter. To that end, it is my 
strong recommendation that future administrations conduct such 
consultations with the appropriate congressional committees at the 
appropriate times.
  The proposed Agreement permits the transfer of information, material, 
equipment (including reactors), and components for nuclear research and 
nuclear power production. It does not permit transfers of Restricted 
Data, sensitive nuclear technology, sensitive nuclear facilities, or 
major critical components of such facilities. In the event of 
termination of the Agreement, key nonproliferation conditions and 
controls continue with respect to material, equipment, and components 
subject to the Agreement.

  Vietnam is a non-nuclear-weapon state party to the Treaty on the Non-
Proliferation of Nuclear Weapons. Vietnam has in force a comprehensive 
safeguards agreement and an Additional Protocol with the International 
Atomic Energy Agency. Vietnam is a party to the Convention on the 
Physical Protection of Nuclear Material, which establishes 
international standards of physical protection for the use, storage, 
and transport of nuclear material, and has ratified the 2005 Amendment 
to the Convention. A more detailed discussion of Vietnam's intended 
civil nuclear program and its nuclear nonproliferation policies and 
practices, including its nuclear export policies and practices, is 
provided in the NPAS and in a classified annex to the NPAS submitted to 
you separately. As noted above, the Director of National Intelligence 
will provide an addendum to the NPAS containing a comprehensive 
analysis of Vietnam's export control system with respect to nuclear-
related matters.
  I have considered the views and recommendations of the interested 
departments and agencies in reviewing the proposed Agreement and have 
determined that its performance will promote, and will not constitute 
an unreasonable risk to, the common defense and security. Accordingly, 
I have approved the Agreement and authorized its execution and urge 
that the Congress give it favorable consideration.
  This transmission shall constitute a submittal for purposes of both 
sections 123b. and 123d. of the Act.
  My Administration is prepared to begin immediately the consultations 
with the Senate Foreign Relations Committee and the House Foreign 
Affairs Committee as provided for in section 123b. Upon completion of 
the 30 days of continuous session review provided for in section 123b., 
the 60 days of continuous session review provided for in section 123d. 
shall commence.
                                                        Barack Obama.  
The White House, May 8, 2014.

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