    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [December 28, 1995]
    [Pages 1929-1930]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the House of Representatives Returning Without Approval the
    National Defense Authorization Act for Fiscal Year 1996
    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-

    [[Page 1930]]

    Lugar Co-operative 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.

    Note: The Executive order of December 28 on adjustment of certain rates
    of pay and allowances is listed in Appendix D at the end of this volume.
    On February 29, 1996, the President signed an Executive order making
    further adjustments for the uniformed services (61 FR 8467).