    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [September 23, 1996]
    [Pages 1645-1647]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the National Defense Authorization Act for
    Fiscal Year 1997
    September 23, 1996

        Today I have signed into law H.R. 3230, the ``National Defense
    Authorization Act for Fiscal Year 1997,'' legislation authorizing fiscal
    1997 appropriations for military activities of the Department of
    Defense, military construction, and defense activities of the Department
    of Energy. While I have reservations about parts of this Act, it is a
    step in the right direction, authorizing much of what my administration
    sought and omitting a number of provisions that we opposed.
        First, the Act will improve the quality of life for military
    personnel by providing a 3 percent pay increase and better housing
    opportunities.
        Second, the Act authorizes appropriations for important
    modernization programs requested in my budget. These programs, which are
    designed to provide our forces with the most modern equipment found
    anywhere on the globe, include the Army's Comanche helicopter, the
    Navy's Seawolf submarine, the Air Force's C-17 transport, and the V-22
    Osprey for the Marine Corps.
        Third, the Act authorizes additional appropriations for counter-
    narcotics programs, which my Administration sought in a FY 1996
    supplemental appropriations request.

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        Fourth, the Act authorizes the Nunn-Lugar Cooperative Threat
    Reduction program, which provides a highly effective means of enhancing
    U.S. security by eliminating nuclear weapons and preventing weapons
    proliferation in the states of the former Soviet Union. And the Act also
    establishes the Nunn-Lugar II program, which authorizes the Department
    of Defense to assist civilian law enforcement agencies in responding to
    emergencies involving biological, chemical, or nuclear weapons of mass
    destruction, and to provide funding to improve the security of U.S. and
    international borders.
        Fifth, the Act creates a new National Imagery and Mapping Agency,
    which will provide a single focus within the Government for managing
    imagery and geospatial information.
        Sixth, the Act advances my commitment to sound environmental
    management by fully funding my request for Defense environmental
    programs and authorizing solid waste management technologies for Navy
    ships.
        Seventh, the Act authorizes my Administration's request to award the
    Medal of Honor to seven African American soldiers who demonstrated
    outstanding heroism in combat during World War II.
        I am also gratified that the final version of this bill omitted
    certain provisions that my Administration staunchly opposed. These
    include: provisions that would have interfered with our ability to
    control ballistic missiles by legislating the standards for demarcating
    theater from strategic ballistic missiles and preventing the President
    from adding states of the former Soviet Union to the ABM Treaty; and a
    discriminatory provision requiring discharge of HIV-positive service
    members.
        And I am pleased as well that this Act includes an important
    nondefense measure, the Interstate Stalking Punishment and Prevention
    Act, which makes interstate stalking a Federal offense. Most States have
    strong anti-stalking laws against those who seek to threaten, harass, or
    intimidate others, especially women and girls. But, until now, stalkers
    could not be charged with violating restraining orders if they travelled
    to another State to pursue their victims. This new measure eliminates
    that loophole and will allow Federal law enforcement to crack down on
    stalkers wherever they go.
        For all its strengths, though, I do have some reservations about
    this Act. Most important, the Act authorizes $11.5 billion of
    appropriations above my 1997 budget request of $254.2 billion. I firmly
    believe that my requested funding levels maintain a strong defense
    without sacrificing important domestic programs. Moreover, much of the
    increase authorized by this Act is for programs not in the Department of
    Defense's long-range plan and will require additional future funding,
    precluding successful completion of modernization programs more vital to
    our national defense.
        Nevertheless, authorization legislation establishes spending
    ceilings and not floors. The actual spending levels will be set through
    the appropriations process. Without adjustments to the proposed Defense
    Appropriations funding levels, I am deeply concerned about the Congress'
    ability to fund critical domestic needs in education and other areas.
    These needs must be met before the Congress adjourns.
        I am also disappointed in several other features of the Act. First,
    it reduces funding for the important Dual Use Applications Program, the
    successor to my Technology Reinvestment Project. And it also omits my
    Administration's proposals to broaden the Defense Department's authority
    to acquire commercial or industrial supplies by contract from the
    private sector and to outsource more depot maintenance.
        Further, the Act fails to include a provision passed by the Senate
    that would have permitted overseas military medical facilities to
    provide the same essential medical services to military personnel and
    their dependents stationed abroad for privately financed abortions that
    are available in the United States. I supported the Senate provision
    because I think it is unfair to deny American women serving our country
    overseas the ability to choose to have a safe legal abortion.
        Other provisions of the Act raise serious constitutional concerns.
    Provisions purporting to require the President to enter into or report
    on specified negotiations with foreign governments, as well as a
    provision that limits the information that could be revealed in
    negotiations, intrude on the President's constitutional authority to
    conduct the Nation's diplomacy and the President's role as Commander in
    Chief. I will interpret these provisions as precatory.
        Further, the bill's method for appointing the National Ocean
    Leadership Council would violate the Appointments Clause of the
    Constitution. I urge the Congress to pass amendments at the earliest
    possible time to provide for a

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    constitutional means of appointing this Council. Until this correction
    is made, the Council should not exercise significant governmental
    authority.
        Another provision of the Act could be read to require intra-branch
    consultations before the Secretary of Defense could make recommendations
    to me regarding certain appointments. This provision is constitutionally
    questionable, and I therefore will construe it consistent with my
    authorities under the Constitution. I anticipate implementing the intent
    of the provisions with an Executive order.
        The Act would overturn organizational arrangements in the Department
    of Energy's nuclear weapons complex that have served the Nation well for
    over 50 years. Because this micromanagement provision would severely
    limit the Secretary's ability to determine and control the best way to
    manage the Department's personnel, budget and procurement functions, I
    have directed the Secretary to study the provision's effects and to
    report to me and to the Congress on the study's results before
    implementing this provision. If reorganization is appropriate, the
    Secretary of Energy should use existing statutory authority to assure
    that the Department is organized in a way that is most efficient for
    carrying out the Department's business.
        Finally, I note that the Act requires the Secretaries of Defense and
    Health and Human Services to submit a plan to the Congress to establish
    a Medicare subvention demonstration program. This program would allow
    Medicare-eligible beneficiaries to enroll in the Defense Department's
    TRICARE managed care program. These Departments recently reached
    agreement on a detailed plan to implement a 3-year Medicare subvention
    demonstration. Thus, I have directed the Departments to work with the
    Congress on bipartisan legislation that would initiate this
    demonstration.
        On balance, this Act takes a number of important steps to advance
    our national security and the well-being of those who serve us with such
    loyalty and distinction in our Armed Forces. I look forward to working
    with the Congress to assure that the appropriated funding is consistent
    with my Administration's commitment both to defend this Nation and to
    honor its values.

                                                          William J. Clinton

    The White House,

    September 23, 1996.

    Note: H.R. 3230, approved September 23, was assigned Public Law No. 104-
    201. This statement was released by the Office of the Press Secretary on
    September 24.