[Weekly Compilation of Presidential Documents Volume 31, Number 52 (Monday, January 1, 1996)]
[Pages 2233-2235]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 de- 

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fend 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 
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

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the full range of authorities that it needs to perform its critical 
worldwide missions.
                                            William J. Clinton
The White House,
December 28, 1995.