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104TH CONGRESS

1ST SESSION H. J. RES. 89

Prohibiting funds for diplomatic relations and further advancement of economic relations with the Socialist Republic of Vietnam (SRV) unless

the President certifies to Congress that Vietnamese officials are being

fully cooperative and forthcoming with efforts to account for the 2,205

Americans still missing and otherwise unaccounted for from the Vietnam

War, as determined on the basis of all information available to the

United States Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1995

Mr. GILMAN (for himself and Mr. DORNAN) introduced the following joint

resolution; which was referred to the Committee on International Relations

JOINT RESOLUTION

Prohibiting funds for diplomatic relations and further advancement of economic relations with the Socialist Republic of Vietnam (SRV) unless the President certifies

to Congress that Vietnamese officials are being fully

cooperative and forthcoming with efforts to account for

the 2,205 Americans still missing and otherwise unaccounted for from the Vietnam War, as determined on

the basis of all information available to the United States

Government, and for other purposes.

Whereas significant economic and political steps have already

been taken by the United States, including the lifting of

the United States trade embargo and the establishment
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of liaison offices, to express appreciation to the Socialist

Republic of Vietnam for its past assistance on the POW/

MIA issue and to urge increased cooperation;

Whereas, although the Socialist Republic of Vietnam has continued to provide support for joint POW/MIA related

field activities with the United States Pacific Command,

there remain several last known alive discrepancy cases,

photo cases, and special remains cases which are not likely to be resolved through such field activities, and the Socialist Republic of Vietnam has not fulfilled its July,

1994, pledge to the President’s delegation to Hanoi to

renew and increase unilateral efforts to account for these

missing Americans;

Whereas the Socialist Republic of Vietnam has not provided

the United States Government with access to relevant

portions of wartime Central Committee-level records and

reports concerning the number of American POWs captured during the war and policies toward them, and has

refused to disclose additional information from Central

Committee and military archives concerning alleged

North Vietnamese wartime reports on American POWs

obtained by Soviet intelligence agencies in 1972;

Whereas the President informed Congress on January 26,

1995, that he is not fully satisfied that progress on the

POW/MIA issue has been sufficient to justify taking additional steps toward normalization of relations with the

Socialist Republic of Vietnam;

Whereas the Secretary of Defense has yet to fully respond to

section 1034 of Public Law 103–337, requiring that he

submit to Congress a complete listing by name of all

Americans still unaccounted for from the Vietnam War
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on whom it is possible that Vietnamese officials can

produce additional information or remains; and

Whereas until such a complete listing is provided to the Congress, an accurate assessment of the extent to which the

Socialist Republic of Vietnam has cooperated with the

United States to account for missing American personnel

is not possible: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This joint resolution may be cited as the ‘‘Vietnam

5 POW/MIA Full Disclosure Act of 1995’’.

6 SEC. 2. LIMITATION ON USE OF FUNDS.

7 None of the funds made available under any provision

8 of law may be used to advance economic relations or to

9 establish or maintain diplomatic relations with the Social10 ist Republic of Vietnam unless the President—

11 (1) provides Congress with a complete listing by

12 name of all Americans unaccounted for from the

13 Vietnam War on whom the likelihood is greatest

14 that the Socialist Republic of Vietnam may be able

15 to locate or provide remains or additional informa16 tion, as determined on the basis of all information

17 available to the United States Government;

18 (2) certifies to Congress that the Socialist Re19 public of Vietnam is cooperating fully in the 4 areas

20 stipulated by the President, namely concrete results
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1 from efforts by Vietnam to recover and repatriate

2 American remains; continued resolution of discrep3 ancy cases, live-sightings and field activities; further

4 assistance in implementing trilateral investigations

5 with the Lao; and accelerated efforts to provide all

6 documents that will help lead to the fullest possible

7 account of POW/MIAs; and

8 (3) certifies to Congress, after consultation with

9 the Director of Central Intelligence, that the Social10 ist Republic of Vietnam is being fully forthcoming in

11 providing the United States access to those portions

12 of wartime Central Committee-level records and re13 ports that pertain to the subject of Americans cap14 tured or held during the war by North Vietnamese,

15 Pathet Lao, or Vietcong forces in Vietnam, Laos,

16 and Cambodia.

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