[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Presidential Documents]
[Pages 27827-27828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12848]


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  Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / 
Presidential Documents  

[[Page 27827]]


                Presidential Determination No. 2001-15 of May 11, 2001

                
Cooperation by Vietnam in Accounting for United 
                States Prisoners of War and Missing in Action

                Memorandum for the Secretary of State

                As provided under section 610 of the Departments of 
                Commerce, Justice, and State, the Judiciary and Other 
                Independent Agencies Appropriations Act, 2001, as 
                contained in the Consolidated Appropriations Act for FY 
                2001, Public Law 196-553, 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 610, 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 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.

                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 27828]]

                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.)B

                THE WHITE HOUSE,

                    Washington, May 11, 2001.

[FR Doc. 01-12848
Filed 5-18-01; 8:45 am]
Billing code 4710-10-M