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 is fully cooperating in good faith with U.S. efforts to account for POW/MIAs from the Vietnam War, as required by a congressional appropriations condition. However, he noted the Justice Department's view that this legislative condition is unconstitutional, while providing the determination as a matter of comity with Congress.

Federal Register Open PDF 64 FR 6779

Impact dates

  1. Determination effective date

Key directives

  • Determine Vietnamese cooperation in four specified areas of POW/MIA accounting
  • Report determination to appropriate congressional committees
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Determination issued and effective February 3, 1999
  • Secretary of State directed to report to Congress and publish in Federal Register

Near term (90d)

—

Long term

  • Continued U.S.-Vietnam cooperation on POW/MIA accounting
  • Potential precedent for executive-legislative disputes over appropriations conditions

Risks & tensions

  • Executive branch explicitly reserves position that congressional condition is unconstitutional, creating tension with separation-of-powers doctrine
  • Determination made 'as a matter of comity' rather than constitutional obligation, potentially weakening future compliance
  • Vague standard for 'fullest possible accounting' leaves room for future disputes over adequacy of cooperation
Presidential Determination: Vietnamese Cooperation in Accounting for United States Prisoners of War and Missing in Action (POW/MIA) · Executive Orders