[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Presidential Documents]
[Page 65151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31600]
Presidential Documents
Federal Register /Vol. 61, No. 239 / Wednesday, December 11, 1996 /
Presidential Documents
[[Page 65151]]
Presidential Determination No. 97-10 of December 3,
1996
Continued Vietnamese Cooperation in Accounting
for United States Prisoners of War and Missing in
Action (POW/MIA)
Memorandum for the Secretary of State
Consistent with section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriation Act, 1997, as contained
in the Omnibus Consolidated Appropriations Act, 1997,
Public Law 104-208, I hereby determine, based on all
relevant information available to the United States
Government, that the Government of the Socialist
Republic of Vietnam continues to cooperate in full
faith with the United States in four areas of
accounting for American POW/MIA's:
1. Resolving discrepancy cases, live sightings and
field activities;
2. Recovering and repatriating American remains;
3. Accelerating efforts to provide documents that
will help lead to the fullest possible accounting of
POW/MIA's; and
4. Providing further assistance in implementing
trilateral investigations with Laos.
I have been advised by the Department of Justice and
believe that section 609 is unconstitutional because it
purports to condition the execution of
responsibilities--the authority to recognize, and to
maintain diplomatic relations with, a foreign
government--that the Constitution commits exclusively
to the President. I am, therefore, providing this
determination as a matter of comity while preserving my
position that the condition enacted in section 609 is
unconstitutional.
In making this determination, I wish to reaffirm my
continuing personal commitment to the entire POW/MIA
community, especially to the immediate families,
relatives, friends, and supporters of these brave
individuals, and to reconfirm that the central, guiding
principle of my Vietnam policy is to achieve the
fullest possible accounting for our prisoners of war
and missing in action.
You are authorized and directed to report this
determination to the appropriate committees of the
Congress and to publish it in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, December 3, 1996.
[FR Doc. 96-31600
Filed 12-10-96; 8:45 am]
Billing code 4710-10-M