[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Presidential Documents]
[Pages 10669-10672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4817]


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  Federal Register / Vol. 65, No. 39 / Monday, February 28, 2000 / 
Presidential Documents  

[[Page 10671]]


                Presidential Determination No. 2000-14 of February 18, 
                2000

                
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 610 of the Departments of 
                Commerce, Justice, and State, the Judiciary, and 
                Related Agencies Appropriations Act, 2000, as contained 
                in the Consolidated Appropriations Act for FY 2000 
                (Public Law 106-113), 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:

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/MIAs; and,

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 of the Departments of 
                Commerce, Justice, and State, the Judiciary, and 
                Related Agencies Appropriations Act, 1999, as contained 
                in the Omnibus Consolidated and Emergency Supplemental 
                Appropriations Act, 1999 (Public Law 105-277), 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 610 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 610 is unconstitutional.

[[Page 10672]]

                In making this determination, I have taken into account 
                all information available to the U.S. 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.

                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, February 18, 2000.

[FR Doc. 00-4817
Filed 2-25-00; 8:45 am]
Billing code 4710-10-M