ExecutiveOrdersEO
DetDeterminationClinton · D

Presidential Determination

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

President Clinton determined that Vietnam was fully cooperating on POW/MIA accounting, as required by a 1996 appropriations rider, while explicitly stating his view that the congressional condition on diplomatic recognition authority was unconstitutional. The determination was provided as a matter of comity rather than constitutional obligation.

Federal Register Open PDF 61 FR 29453

Impact dates

  1. Report to Congress and Federal Register publication

Key directives

  • Secretary of State to report determination to appropriate congressional committees
  • Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Determination issued May 29, 1996
  • Diplomatic relations with Vietnam continue unimpeded by appropriations rider

Near term (90d)

  • Secretary of State to report to Congress and publish in Federal Register

Long term

  • Ongoing Vietnam policy centered on fullest possible POW/MIA accounting

Risks & tensions

  • Executive branch formally asserts section 609 is unconstitutional while complying anyway—creates precedent for 'comity' bypass of congressional foreign-affairs conditions
  • Separation-of-powers tension: Congress attempted to condition diplomatic recognition on POW/MIA progress; President reserves exclusive constitutional authority over recognition
  • Vague compliance standard ('full faith') leaves future determinations politically discretionary
Presidential Determination: Vietnamese Cooperation in Accounting for United States Prisoners of War and Missing in Action (POW/MIA) · Executive Orders