[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Presidential Documents]
[Pages 13109-13110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7098]



[[Page 13107]]

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Part II





The President





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Presidential Determination No. 98-16 of March 4, 1998--Vietnamese 
Cooperation in Accounting for United States Prisoners of War and 
Missing in Action (POW/MIA)
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  Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 13109]]

                Presidential Determination No. 98-16 of March 4, 1998

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

                Memorandum for the Secretary of State

                As provided under section 609 of the Departments of 
                Commerce, Justice, and State, the Judiciary, and 
                Related Agencies Appropriations Act, 1998, Public Law 
                105-119, I hereby determine, based on all information 
                available to the United States Government, that the 
                Government of the Socialist Republic of Vietnam is 
                fully cooperating in good faith with the United States 
                in the following four areas related to achieving the 
                fullest possible accounting for Americans unaccounted 
                for as a result of the Vietnam War:

                    L(1) resolving discrepancy cases, live sightings, 
                and field activities;
                    L(2) recovering and repatriating American remains;
                    L(3) accelerating efforts to provide documents that 
                will help lead to the fullest possible accounting of 
                POW/MIAs; and
                    L(4) providing further assistance in implementing 
                trilateral investigations with Laos.

                I further determine that the appropriate laboratories 
                associated with POW/MIA accounting are thoroughly 
                analyzing remains, material, and other information, and 
                fulfilling their responsibilities as set forth in 
                subsection (B) of section 609, and information 
                pertaining to this accounting is being made available 
                to immediate family members in compliance with 50 
                U.S.C. 435 note.

                I have been advised by the Department of Justice and 
                believe that section 609 is unconstitutional because it 
                purports to use a condition on appropriations as a 
                means to direct my execution of responsibilities that 
                the Constitution commits exclusively to the President. 
                I am providing this determination as a matter of 
                comity, while reserving the position that the condition 
                enacted in section 609 is unconstitutional.

                In making this determination I have taken into account 
                all information available to the United States 
                Government as reported to me, the full range of ongoing 
                accounting activities in Vietnam, including joint and 
                unilateral Vietnamese efforts, and the concrete results 
                we have attained as a result.

                Finally, 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 of our prisoners of war 
                and missing in action.

[[Page 13110]]

                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, March 4, 1998.

[FR Doc. 98-7098
Filed 3-16-98; 10:20 am]
Billing code 4710-10-P