THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________
For Immediate Release December 28, 1995
TO THE HOUSE OF REPRESENTATIVES:
I am returning herewith without my approval H.R. 1530,
the "National Defense Authorization Act for Fiscal Year 1996."
H.R. 1530 would unacceptably restrict my ability to
carry out this country's national security objectives and
substantially interfere with the implementation of key national
defense programs. It would also restrict the President's
authority in the conduct of foreign affairs and as Commander in
Chief, raising serious constitutional concerns.
First, the bill requires deployment by 2003 of a costly
missile defense system able to defend all 50 States from
a long-range missile threat that our Intelligence Community
does not foresee in the coming decade. By forcing such an
unwarranted deployment decision now, the bill would waste tens
of billions of dollars and force us to commit prematurely to a
specific technological option. It would also likely require a
multiple-site architecture that cannot be accommodated within
the terms of the existing ABM Treaty. By setting U.S. policy
on a collision course with the ABM Treaty, the bill would
jeopardize continued Russian implementation of the START I
Treaty as well as Russian ratification of START II -- two
treaties that will significantly lower the threat to U.S.
national security, reducing the number of U.S. and Russian
strategic nuclear warheads by two-thirds from Cold War levels.
The missile defense provisions would also jeopardize our current
efforts to agree on an ABM/TMD (Theater Missile Defense)
demarcation with the Russian Federation.
Second, the bill imposes restrictions on the President's
ability to conduct contingency operations essential to national
security. Its restrictions on funding of contingency operations
and the requirement to submit a supplemental appropriations
request within a time certain in order to continue a contingency
operation are unwarranted restrictions on a President's national
security and foreign policy prerogatives. Moreover, by
requiring a Presidential certification to assign U.S.
Armed Forces under United Nations operational or tactical
control, the bill infringes on the President's constitutional
authority as Commander in Chief.
Third, H.R. 1530 contains other objectionable provisions
that would adversely affect the ability of the Defense
Department to carry out national defense programs or impede the
Department's ability to manage its day-to-day operations. For
example, the bill includes counterproductive certification
requirements for the use of Nunn-Lugar Cooperative Threat
Reduction (CTR) funds and restricts use of funds for individual
CTR programs.
Other objectionable provisions eliminate funding for the
Defense Enterprise Fund; restrict the retirement of U.S.
strategic delivery systems; slow the pace of the Defense
Department's environmental cleanup efforts; and restrict
Defense's ability to execute disaster relief, demining, and
military-to-military contact programs. The bill also directs
the procurement of specific submarines at specific shipyards
although that is not necessary for our military mission to
maintain the Nation's industrial base.
H.R. 1530 also contains two provisions that would unfairly
affect certain service members. One requires medically
unwarranted discharge procedures for HIV-positive service
members. In addition, I remain very concerned about provisions
that would restrict service women and female dependents of
military personnel from obtaining privately funded abortions in
military facilities overseas, except in cases of rape, incest,
or danger to the life of the mother. In many countries, these
U.S. facilities provide the only accessible, safe source for
these medical services. Accordingly, I urge the Congress to
repeal a similar provision that became law in the "Department of
Defense Appropriations Act, 1996."
In returning H.R. 1530 to the Congress, I recognize that it
contains a number of important authorities for the Department of
Defense, including authority for Defense's military construction
program and the improvement of housing facilities for our
military personnel and their families. It also contains
provisions that would contribute to the effective and efficient
management of the Department, including important changes in
Federal acquisition law.
Finally, H.R. 1530 includes the authorization for an annual
military pay raise of 2.4 percent, which I strongly support.
The Congress should enact this authorization as soon as
possible, in separate legislation that I will be sending up
immediately. In the meantime, I will today sign an Executive
order raising military pay for the full 2.0 percent currently
authorized by the Congress and will sign an additional order
raising pay by a further 0.4 percent as soon as the Congress
authorizes that increase.
I urge the Congress to address the Administration's
objections and pass an acceptable National Defense Authorization
Act promptly. The Department of Defense must have the full
range of authorities that it needs to perform its critical
worldwide missions.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 28, 1995.
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