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104TH CONGRESS
1ST SESSION
H. J. RES. 89
Prohibiting funds for diplomatic relations and further advancement of eco-
nomic 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 ad-
vancement of economic relations with the Socialist Re-
public 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 unac-
counted 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
•HJ 89 IH
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 con-
tinued 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 like-
ly to be resolved through such field activities, and the So-
cialist 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 cap-
tured 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 ad-
ditional 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
•HJ 89 IH
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 Con-
gress, 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
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ‘‘Vietnam
POW/MIA Full Disclosure Act of 1995’’.
SEC. 2. LIMITATION ON USE OF FUNDS.
None of the funds made available under any provision
of law may be used to advance economic relations or to
establish or maintain diplomatic relations with the Social-
ist Republic of Vietnam unless the President—
(1) provides Congress with a complete listing by
name of all Americans unaccounted for from the
Vietnam War on whom the likelihood is greatest
that the Socialist Republic of Vietnam may be able
to locate or provide remains or additional informa-
tion, as determined on the basis of all information
available to the United States Government;
(2) certifies to Congress that the Socialist Re-
public of Vietnam is cooperating fully in the 4 areas
stipulated by the President, namely concrete results
•HJ 89 IH
from efforts by Vietnam to recover and repatriate
American remains; continued resolution of discrep-
ancy cases, live-sightings and field activities; further
assistance in implementing trilateral investigations
with the Lao; and accelerated efforts to provide all
documents that will help lead to the fullest possible
account of POW/MIAs; and
(3) certifies to Congress, after consultation with
the Director of Central Intelligence, that the Social-
ist Republic of Vietnam is being fully forthcoming in
providing the United States access to those portions
of wartime Central Committee-level records and re-
ports that pertain to the subject of Americans cap-
tured or held during the war by North Vietnamese,
Pathet Lao, or Vietcong forces in Vietnam, Laos,
and Cambodia.
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