[Weekly Compilation of Presidential Documents Volume 32, Number 39 (Monday, September 30, 1996)]
[Pages 1841-1843]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 ne- 

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gotiations, 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 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.