Statement on Legislation To Locate & Secure Release of
Israeli Soldiers Missing in Action
(November 8, 1999)
Today I have signed into law H.R. 1175, "An Act
to locate and secure the return of Zachary Baumel, a United States citizen,
and other Israeli soldiers missing in action." I deeply sympathize
with the families of the missing soldiers and have made the resolution
of these cases a priority throughout my Administration. The United States
remains determined to pursue every concrete lead to ascertain their
fate. We will continue to consult closely with the families and the
Government of Israel in our long effort to resolve this important issue.
We will also continue to raise this issue with other governments in
our search for answers.
I believe that two sections of the bill must be carefully
construed to avoid constitutional and practical problems. Specifically,
section 2(a) of the bill states that "the Secretary of State shall
continue to raise the matter of Zachary Baumel, Yehuda Katz, and Zvi
Feldman on an urgent basis with appropriate government officials"
of certain foreign governments. To the extent that this provision can
be read to direct the Secretary of State to take certain positions in
communications with foreign governments, it interferes with my sole
constitutional authority over the conduct of diplomatic negotiations.
Therefore, this provision will be treated as precatory.
In addition, section 3 of the bill would require the
Secretary of State to report to the Congress on efforts taken with regard
to section 2(a) and additional information obtained about the individuals
named in section 2(a). I sign this bill with the understanding that
this section does not detract from my constitutional authority to withhold
information relating to diplomatic communications or other national
security information.
Section 3(b) of the bill would require the Secretary
of State to report to the Congress not later than 15 days after receiving
"any additional credible information" relating to the missing
servicemen. Because there could well be a delay between the receipt
of information and the determination that such information is "credible",
I regard the 15-day period as commencing upon that determination.
William J. Clinton
The White House, November 8, 1999.
Sources: Public Papers of the President |