[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 34 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
S. J. RES. 34

  Prohibiting funds for diplomatic relations and most-favored-nation 
   trading status with the Socialist Republic of Vietnam unless the 
  President certifies to Congress that Vietnamese officials are being 
fully cooperative and forthcoming with efforts to account for the 2,205 
Americans still missing and otherwise unaccounted for from the Vietnam 
  War, as determined on the basis of all information available to the 
           United States Government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 15), 1995

    Mr. Smith (for himself, Mr. Dole, Mr. Helms, Mr. Thurmond, Mr. 
   Grassley, Mr. Gramm, Mr. Campbell, and Mr. Thomas) introduced the 
 following joint resolution; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
  Prohibiting funds for diplomatic relations and most-favored-nation 
   trading status with the Socialist Republic of Vietnam unless the 
  President certifies to Congress that Vietnamese officials are being 
fully cooperative and forthcoming with efforts to account for the 2,205 
Americans still missing and otherwise unaccounted for from the Vietnam 
  War, as determined on the basis of all information available to the 
           United States Government, and for other purposes.
Whereas significant economic and political steps have already been taken by the 
        United States, including the lifting of the United States trade embargo 
        and the establishment of liaison offices, to express appreciation to the 
        Socialist Republic of Vietnam for its past assistance on the POW/MIA 
        issue and to urge increased cooperation;
Whereas, although the Socialist Republic of Vietnam has continued to provide 
        support for joint POW/MIA related field activities with the United 
        States Pacific Command, there remain several last known alive 
        discrepancy cases, photo cases, and special remains cases which are not 
        likely to be resolved through such field activities, and the Socialist 
        Republic of Vietnam has not fulfilled its July 1994 pledge to the 
        President's delegation to Hanoi to renew and increase unilateral efforts 
        to account for these missing Americans;
Whereas the Socialist Republic of Vietnam has not provided the United States 
        Government with access to relevant portions of wartime Central 
        Committee-level records and reports concerning the number of American 
        POW's captured during the war and policies toward them, and has refused 
        to disclose additional information from Central Committee and military 
        archives concerning alleged North Vietnamese wartime reports on American 
        POW's obtained by Soviet intelligence agencies in 1972;
Whereas the President informed Congress on January 26, 1995, that he is not 
        fully satisfied that progress on the POW/MIA issue has been sufficient 
        to justify taking additional steps toward normalization of relations 
        with the Socialist Republic of Vietnam;
Whereas the Secretary of Defense has yet to fully respond to section 1034 of 
        Public Law 103-337, requiring that he submit to Congress a complete 
        listing by name of all Americans still unaccounted for from the Vietnam 
        War on whom it is possible that Vietnamese officials can produce 
        additional information or remains; and
Whereas, until such a complete listing is provided to the Congress, an accurate 
        assessment of the extent to which the Socialist Republic of Vietnam has 
        cooperated with the United States to account for missing American 
        personnel is not possible: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Vietnam POW/MIA Full 
Disclosure Act of 1995''.

SEC. 2. LIMITATION ON USE OF FUNDS.

    None of the funds made available under any provision of law may be 
used to establish most-favored-nation trading status or to establish or 
maintain diplomatic relations with the Socialist Republic of Vietnam 
unless the President--
            (1) provides Congress with a complete listing by name of 
        all Americans unaccounted for from the Vietnam War on whom the 
        likelihood is greatest that the Socialist Republic of Vietnam 
        may be able to locate or provide remains or additional 
        information, as determined on the basis of all information 
        available to the United States Government;
            (2) certifies to Congress that the Socialist Republic of 
        Vietnam is cooperating fully in the four areas stipulated by 
        the President, namely concrete results from efforts by Vietnam 
        to recover and repatriate American remains; continued 
        resolution of discrepancy cases, live-sightings and field 
        activities; further assistance in implementing trilateral 
        investigations with the Lao; and accelerated efforts to provide 
        all documents that will help lead to the fullest possible 
        accounting of POW/MIA's; and
            (3) certifies to Congress, after consultation with the 
        Director of Central Intelligence, that the Socialist Republic 
        of Vietnam is being fully forthcoming in providing the United 
        States access to those portions of wartime Central Committee-
        level records and reports that pertain to the subject of 
        Americans captured or held during the war by North Vietnamese, 
        Pathet Lao, or Vietcong forces in Vietnam, Laos, and Cambodia.
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