96-14816. Vietnamese Cooperation in Accounting for United States Prisoners of War and Missing in Action (POW/MIA)

[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Presidential Documents]
[Page 29453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14816]




[[Page 29451]]


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Part II





The President





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Presidential Determination No. 96-28 of May 29, 1996



Presidential Determination No. 96-29 of May 31, 1996



Presidential Determination No. 96-30 of June 3, 1996


                        Presidential Documents 



Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / 
Presidential Documents

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Title 3--
The President

[[Page 29453]]

                Presidential Determination No. 96-28 of May 29, 1996

                
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 Fiscal Year 1996 
                Omnibus Appropriations Act, Public Law 104-134, I 
                hereby determine, based on all information available to 
                the United States Government that the Government of the 
                Socialist Republic of Vietnam, is cooperating in full 
                faith with the United States in the following areas:

                    (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 reserving my 
                position that the condition enacted in section 609 is 
                unconstitutional.

                Finally, in making this determination, I wish to 
                emphasize 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, May 29, 1996.

[FR Doc. 96-14816
Filed 6-7-96; 8:45 am]
Billing code 4710-10-M