    [Public Papers of the Presidents of the United States: William J. Clinton (1994, Book II)]
    [October 5, 1994]
    [Pages 1704-1705]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the National Defense Authorization Act for
    Fiscal Year 1995
    October 5, 1994

        Today I have signed into law S. 2182, the ``National Defense
    Authorization Act for Fiscal Year 1995.'' This Act authorizes
    appropriations for Department of Defense and Department of Energy
    national security activities and extends and amends other programs. This
    Act, which authorizes most of the Administration's major defense
    priorities, will provide for a continuing strong national defense during
    fiscal year 1995.
        In signing this Act, it is important to clarify the interpretation
    of several provisions related to the President's authority and
    responsibility in the area of foreign affairs.
        First, with respect to section 1404, which relates to Bosnia and
    Herzegovina, I note that the language on international policy leaves
    flexibility to calibrate our actions as events develop. Similarly, the
    provisions on reporting to and consulting with the Congress on training
    and the unilateral termination of the Bosnia arms embargo leave
    flexibility to determine the content of these reports and consultations
    and the extent to which such proposals would be implemented. This
    flexibility is critical for ensuring that the United States remains in a
    position to react to developments in the manner that best serves our
    Nation's interests.
        Moreover, with respect to the provision on use of funds, I note that
    the limitation in section 1404(f)(2) applies only when appropriated
    funds are used ``for the purpose'' described therein. I sign the bill
    with the understanding that it therefore would not affect the United
    States' ability to participate in activities in the Adriatic that are
    needed in order to avoid impeding enforcement of sanctions against
    Serbia, or for other purposes, even if doing so provides indirect or
    incidental support or assistance for the embargo. Also, I further
    understand that the waiver authority in paragraph (3)(A) applies to U.S.
    military personnel serving in headquarters positions for NATO's Supreme
    Allied Commander, the Commander in Chief, Allied Forces Southern Europe,
    and subordinate headquarters staffs, such as those for the Commander,
    Joint Task Force Provide Promise and his subordinate headquarters
    staffs.
        To the extent that section 1404 could be construed to require the
    President or other executive branch officers or employees to espouse or
    refrain from espousing certain substantive positions, it would be
    inconsistent with my constitutional authority for the conduct of foreign
    affairs. I will accordingly interpret the provision as not applicable to
    efforts that are diplomatic in nature.
        In the Classified Annex, incorporated into S. 2182 by reference,
    section 101 directs that the Secretary of Defense provide a weekly
    National Operations Summary to the Committees on Armed Services of the
    House and Senate. Implementation of this provision must be consistent
    with my constitutional authority as Commander in Chief and my
    constitutional responsibility for the conduct of foreign affairs. While
    I understand the interest of the two Defense oversight committees in
    receiving this sensitive information, there are questions of scope that
    need to be resolved. In this regard, I note that the joint explanatory
    statement of the conferees indicates their intent to provide maximum
    flexibility to the Department of Defense and the committees to work out
    the details of the content of the National Operations Summary.
        I also point out that section 232, relating to modifications to the
    Anti-Ballistic Missile Treaty,

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    cannot restrict the constitutional options for congressional approval of
    substantive modifications of treaties.
        Finally, I note that section 1304 could be interpreted as
    specifically directing the President how to proceed in negotiations with
    European countries regarding cost-sharing arrangements for U.S. military
    installations in host nations. I support the policy underlying section
    1304 to encourage these countries to increase their contributions,
    direct and indirect, of the nonpersonnel costs described in the
    provision. However, my constitutional authority over foreign affairs
    necessarily entails discretion over these and similar matters.

                                                          William J. Clinton

    The White House,
    October 5, 1994.

    Note: S. 2182, approved October 5, was assigned Public Law No. 103-337.