[House Document 114-70]
[From the U.S. Government Publishing Office]




114th Congress, 1st Session - - - - - - - - - House Document 114-70
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                       VETO MESSAGE ON H.R. 1735

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

     NOTIFICATION OF THE VETO OF H.R. 1735, THE ``NATIONAL DEFENSE 
                AUTHORIZATION ACT FOR FISCAL YEAR 2016''

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 22, 2015.--Ordered to be printed

To The House of Representatives:
    I am returning herewith without my approval H.R. 1735, the 
``National Defense Authorization Act for Fiscal Year 2016.'' 
While there are provisions in this bill that I support, 
including the codification of key interrogation-related reforms 
from Executive Order 13491 and positive changes to the military 
retirement system, the bill would, among other things, 
constrain the ability of the Department of Defense to conduct 
multi-year defense planning and align military capabilities and 
force structure with our national defense strategy, impede the 
closure of the detention facility at Guantanamo Bay, and 
prevent the implementation of essential defense reforms.
    This bill fails to authorize funding for our national 
defense in a fiscally responsible manner. It underfunds our 
military in the base budget, and instead relies on an 
irresponsible budget gimmick that has been criticized by 
members of both parties. Specifically, the bill's use of $38 
billion in Overseas Contingency Operations funding--which was 
meant to fund wars and is not subject to budget caps--does not 
provide the stable, multi-year budget upon which sound defense 
planning depends. Because this bill authorizes base budget 
funding at sequestration levels, it threatens the readiness and 
capabilities of our military and fails to provide the support 
our men and women in uniform deserve. The decision reflected in 
this bill to circumvent rather than reverse sequestration 
further harms our national security by locking in unacceptable 
funding cuts for crucial national security activities carried 
out by non-defense agencies.
    I have repeatedly called upon the Congress to work with my 
Administration to close the detention facility at Guantanamo 
Bay, Cuba, and explained why it is imperative that we do so. As 
I have noted, the continued operation of this facility weakens 
our national security by draining resources, damaging our 
relationships with key allies and partners, and emboldening 
violent extremists. Yet in addition to failing to remove 
unwarranted restrictions on the transfer of detainees, this 
bill seeks to impose more onerous ones. The executive branch 
must have the flexibility, with regard to those detainees who 
remain at Guantanamo, to determine when and where to prosecute 
them, based on the facts and circumstances of each case and our 
national security interests, and when and where to transfer 
them consistent with our national security and our humane 
treatment policy. Rather than taking steps to bring this 
chapter of our history to a close, as I have repeatedly called 
upon the Congress to do, this bill aims to extend it.
    The bill also fails to adopt many essential defense 
reforms, including to force structure, weapons systems, and 
military health care. Our defense strategy depends on investing 
every dollar where it will have the greatest effect. My 
Administration's proposals will accomplish this through 
critical reforms that divest unneeded force structure, slow 
growth in compensation, and reduce wasteful overhead. The 
restrictions in the bill would require the Department of 
Defense to retain unnecessary force structure and weapons 
systems that we cannot afford in today's fiscal environment, 
contributing to a military that will be less capable of 
responding effectively to future challenges.
    Because of the manner in which this bill would undermine 
our national security, I must veto it.
                                                      Barack Obama.
    The White House, October 22, 2015.

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