[Weekly Compilation of Presidential Documents Volume 35, Number 45 (Monday, November 15, 1999)]
[Pages 2305-2306]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing Legislation To Locate and Secure the Return of 
Zachary Baumel, a United States Citizen, and Other 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

[[Page 2306]]

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.

Note: H.R. 1175, approved November 8, was assigned Public Law No. 106-
89. This statement was released by the Office of the Press Secretary on 
November 9.