Title 3--The President I have been advised by the Department of Justice and believe that section 610 is unconstitutional because it purports to use a condition on appropria- tions as a means to direct my execution of responsibilities that the Con- stitution commits exclusively to the President. I am providing this deter- mination as a matter of comity, while reserving the position that the condi- tion enacted in section 610 is unconstitutional. In making this determination, I have taken into account all information available to the U.S. Government as reported to me, the full range of ongo- ing accounting activities in Vietnam, including joint and unilateral Viet- namese efforts, and the concrete results we have attained as a result. Fi- nally, in making this determination, I wish to reaffirm my continuing per- sonal commitment to the entire POW/MIA community, especially to the immediate families, relatives, friends, and supporters of these brave indi- viduals, 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 appro- priate committees of the Congress and to publish it in the Federal Register. WILLIAM J. CLINTON THE WHITE HOUSE, Washington, Februmy 18, 2000. Presidential Determination No. 2000-15 of February 24, 2000 U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Certification and Waiver Under the Heading "Nonproliferation, Anti-Terrorism, Detaining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as Enacted in Public Law 106-113 Memorandum for the Secretmy of State Pursuant to section 576(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (the Act), as enacted in the Omnibus Consolidated Appropriations Act, 2000 (Public Law \17706-\1773), I hereby certify that: (\177) the parties to the Agreed Framework have taken and continue to take demonstrable steps to implement the Joint Declaration on Denuclearization of the Korean Peninsula in which the Government of North Korea has committed not to test, manufacture, produce, receive, possess, store, deploy, or use nuclear weapons, and not to possess nu- clear reprocessing or uranium enrichment facilities; (2) the parties to the Agreed Framework have taken and continue to take demonstrable steps to pursue the North-South dialogue; and (3) North Korea is complying with all provisions of the Agreed Frame- work. 356
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