[Weekly Compilation of Presidential Documents Volume 34, Number 43 (Monday, October 26, 1998)]
[Pages 2075-2077]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999

October 17, 1998

    I have today signed H.R. 3616, the ``Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999.'' This Act authorizes Fiscal 
Year 1999 appropriations for military activities of the Department of 
Defense, military construction, and defense activities of the Department 
of Energy. Naming this Act in honor of Senator Thurmond is a well-
deserved and appropriate tribute. Senator Thurmond served for 36 years 
in the U.S. Army Reserve. During his more than 40 years of Senate 
service, his primary legislative focus has been the national defense of 
this country and the well-being of our service members and veterans.
    This Act provides for a strong national defense and supports our 
commitment to a better quality of life for our military personnel and 
their families. Although I have reservations about some of the 
provisions of the Act, it authorizes funds for many defense readiness 
and modernization priorities. By providing the necessary support for our 
forces, it will ensure continued U.S. global leadership. I am especially 
pleased that the Act authorizes $1.9 billion in emergency funding for 
peacekeeping operations in Bosnia. Moreover, the conferees' revisions to 
the Act satisfactorily addressed several objectionable provisions that 
were included in earlier versions.
    The Act supports my Administration's views on gender-integrated 
training by leaving intact our current system of gender-integrated 
flights, squadrons, and companies in basic training. The Act's 
provisions on gender-separate housing at basic training are fully 
consistent with Secretary of Defense Cohen's recent directives.
    The Act contains a prudent and balanced approach on antipersonnel 
landmine issues. The 1-year moratorium on U.S. military use of such 
mines is repealed, providing the legislative relief that I had 
requested. Also, as requested, funds are authorized for research and 
development on alternatives to antipersonnel landmines and technologies 
to improve humanitarian demining efforts.
    I am pleased with the Congress' continuing support for the important 
national security activities of the Department of Energy, including the 
Stockpile Stewardship Program, a program I directed the Department to 
develop 5 years ago. The success of this program is key to Senate 
ratification of the Comprehensive Test Ban Treaty, a building block for 
U.S. national security in the 21st century.
    I also commend the Congress for authorizing virtually the entire 
amount requested for Cooperative Threat Reduction to assist in the 
elimination of weapons of mass destruction and prevention of their 
proliferation.
    Finally, I am pleased the Act fully funds my request for the 
development of a national missile defense system.
    Notwithstanding the important steps that we have taken to protect 
military readiness, we need to do more on this critical issue, as I 
stated in my September 22, 1998, letter to the congressional leadership. 
In this regard, I have instructed the Office of Management and Budget 
and the National Security Council to work with the Department of Defense 
to formulate a multi-year plan, which will detail the resources needed 
to preserve military readiness, support our troops, and modernize the 
equipment needed for the next century. I hope the Congress will support 
my efforts to implement better management practices, cut wasteful 
overhead, and reduce unnecessary base infrastructure and support 
services.
    Although I believe that the majority of the provisions included in 
H.R. 3616 are beneficial and support our national defense program, a 
small number remain problematic. I am disappointed that funds were added 
to several unrequested research and development and procurement programs 
at the expense of more constructive programs. I am also dismayed that 
the Congress failed to enact cost-saving measures, such as additional 
base realignments and closures. This will upset the balanced financial 
plan in the Quadrennial Defense Review and delay our efforts to reduce 
costs by restructuring our defense establishment.

[[Page 2076]]

    I am strongly opposed to a provision that, effective March 1999, 
will transfer the jurisdiction over satellite exports from the 
Department of Commerce to the Department of State. This change is not 
necessary to ensure effective control of U.S. exports of satellites and 
could hamper the U.S. satellite industry. The Congress repeatedly 
supported the transfer of satellite licensing jurisdiction to the 
Department of Commerce long before I ordered the transfer in 1996. I 
strongly urge the Congress to demonstrate its support for a strong 
domestic satellite industry by passing remedial legislation to halt this 
transfer of jurisdiction prior to its effective date.

    In the meantime, I will take action to minimize the potential damage 
to U.S. interests that could arise from the Act's export control related 
requirements. I will direct the appropriate agencies to implement these 
provisions, subject to appropriate law and regulation, in a manner that 
supports legitimate commercial communications satellite exports while 
ensuring that the extensive safeguards needed to protect our national 
security remain in effect. I will also direct all concerned agencies, 
subject to appropriate law, regulation, and U.S. national security 
interests, to employ, to the extent appropriate, time-lines and 
transparent licensing practices for satellites and related items 
described in section 1513(a) of the Act in a manner consistent with 
current dual-use export license processing.
    I note that H.R. 3616 also requires that I make certain 
certifications to the Congress in advance of any export of missile 
technology or equipment to the People's Republic of China (PRC). 
Specifically, I must certify that such exports will not be detrimental 
to the U.S. space launch industry and will not measurable improve the 
PRC's missile or space launch capabilities. In making this 
certification, I will be guided by the conference report that notes that 
``this certification is not, and is not intended to be, a prohibition on 
the export of U.S. satellites to be launched by the PRC, but is intended 
to ensure that U.S. national security would not be jeopardized by any 
such export.'' I agree with this objective. Further, I take note of the 
bill's legislative history with respect to the export of U.S.-made items 
in connection with emergency repair or replacement for commercial 
aircraft, and I will exercise the certification authority consistent 
with that view.
    I am disappointed that the Congress, in a well-meaning effort to 
further protect nuclear weapons information, has included an overly 
broad provision that impedes my Administration's work to declassify 
historically valuable records. I am committed to submitting the plan 
required under this Act within 90 days. In the meantime, I will 
interpret this provision in a manner that will assure the maximum 
continuity of agency efforts, as directed by my Executive Order 12958, 
to declassify historically valuable records.
    I am also concerned that several provisions of the Act could be 
interpreted to intrude unconstitutionally on the President's authority 
to conduct foreign affairs and to direct the military as Commander-in-
Chief. These provisions could be read to regulate negotiations with 
foreign governments, direct how military operations are to be carried 
out, or require the disclosure of national security information. I will 
interpret these provisions in light of my constitutional 
responsibilities.
    Finally, I strongly object to a provision that will impede the 
ability of the Department of Defense to assist small and disadvantaged 
businesses in obtaining contracts. My Administration recently announced 
new procurement policies to increase contracting opportunities for such 
businesses. This action was taken in order to help remedy discrimination 
and comply with constitutional requirements. It is unfortunate that this 
Act will undermine the effectiveness of our efforts and create 
difficulties in implementing these important policies in future years. 
My Administration will seek remedial legislation.
    There are costs associated with this Act in FY 2002 that are not 
fully offset under Administration budget scoring. Under the Budget 
Enforcement Act, a sequester of mandatory programs will be required in 
the future if savings to offset the costs of this Act are not enacted. 
My Administration will work with the Congress to offset these costs to 
avoid a potential sequester.
    Notwithstanding the concerns noted above, I believe that the Strom 
Thurmond

[[Page 2077]]

National Defense Authorization Act for Fiscal Year 1999, as a whole, is 
beneficial to the national defense and will help us achieve our 
objectives in this important area.
                                            William J. Clinton
The White House,
October 17, 1998.

Note: H.R. 3616, approved October 17, was assigned Public Law No. 105-
261.