Title 3--The President 3995 JUSTIFICATION The President has exercised his authority under the Constitution and the laws of the United States, including the waiver authority granted to him by Section 7(a) of P.L. 104-45. This waiver was necessary to protect critical national security interests, most crucially in preserving our ability to work with the parties and the key states in the region to bring about an end to the violence and terrorism in Israel, the West Bank and Gaza. The President has also taken this action at this time because, absent the waiver, the Act would have denied to the Department of State further access to funds necessary to protect its personnel and missions worldwide so it can continue to pursue vital U.S. objectives. A key foreign policy and national security goal of the United States is to help the parties end the current violence in Israel, the West Bank, and Gaza. Moving the Embassy now would complicate our ability to play a helpful role in bringing an end to this violence. Moreover, in this time of substantial terrorist threats to U.S. missions and personnel abroad, the Department of State must also have access to the funds necessary to upgrade the security and operation of its missions worldwide. Sections 3(b) and 7(b) of P.L. 104-45 would prohibit the Department of State access to 50 percent of funds appropriated for its missions abroad. There is a real danger that despite the fact that Congress has directed the use of these funds for just such urgent security purposes, the absence of those funds would hamper our ongoing efforts to protect our personnel and missions abroad. The Administration is committed to beginning the process of moving our embassy to Jerusalem. However, at this time, it is necessary for the President to exercise his waiver authority in order to protect the national security interests of the United States. 294
�
