[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