Cooperation by Vietnam

From: "\"Doc\" Melson" <>


Presidential Determination No. 2001-15


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

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
106-553, 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

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.

You are authorized and directed to report this determination
to the appropriate committees of the Congress and to publish it in the
Federal Register.


CONTACT: White House Press Office, 202-456-258

05/11/2001 17:55


"From this day to the ending of the world,

But we in it shall be remember'd;

We few, we happy few, we band of brothers;

For he to-day that sheds his blood with me

Shall be my brother; be he ne'er so vile,

This day shall gentle his condition:

And gentlemen in England now a-bed

Shall think themselves accursed they were not here,

And hold their manhoods cheap whiles any speaks

That fought with us upon Saint Crispin's day".



From Henry V by William Shakespeare


Bruce "Doc". Melson