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        104th Congress, 2d Session - - - - - - - - - - - - - House 
Document 104-155



 
                           VETO OF H.R. 1530

                               ----------                              

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  HIS VETO OF H.R. 1530, THE ``NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                           FISCAL YEAR 1996''

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 January 3, 1996.--Message and accompanying bill ordered to be printed
  VETO OF H.R. 1530, THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 
                                YEAR 1996
                                     

        104th Congress, 2d Session - - - - - - - - - - - - - House 
Document 104-155


                           VETO OF H.R. 1530

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  HIS VETO OF H.R. 1530, THE ``NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                           FISCAL YEAR 1996''

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 January 3, 1996.--Message and accompanying bill ordered to be printed
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-Lugar Cooperative 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.
H.R. 1530

 One Hundred Fourth Congress of the United States of  America, at the 
 First Session, Begun and Held at the City of Washington on Wednesday, 
  the Fourth Day of January, One Thousand Nine Hundred and Ninety-five



                                 An Act



     To authorize appropriations for fiscal year 1996 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1996''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into five divisions 
as follows:
            (1) Division A--Department of Defense 
        Authorizations.
            (2) Division B--Military Construction 
        Authorizations.
            (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
            (4) Division D--Federal Acquisition Reform.
            (5) Division E--Information Technology Management 
        Reform.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.

                        Subtitle B--Army Programs

Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.

Sec. 112. Repeal of requirements for armored vehicle upgrades.

Sec. 113. Multiyear procurement of helicopters.

Sec. 114. Report on AH-64D engine upgrades.

Sec. 115. Requirement for use of previously authorized multiyear 
procurement authority for Army small arms procurement.

                        Subtitle C--Navy Programs

Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.

                     Subtitle D--Air Force Programs

Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.

              Subtitle E--Chemical Demilitarization Program

Sec. 151. Repeal of requirement to proceed expeditiously with development 
of chemical demilitarization cryofracture facility at Tooele Army Depot, 
Utah.

Sec. 152. Destruction of existing stockpile of lethal chemical agents and 
munitions.

Sec. 153. Administration of chemical demilitarization program.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Modifications to Strategic Environmental Research and Development 
Program.

Sec. 204. Defense dual use technology initiative.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.

Sec. 212. Tactical manned reconnaissance.

Sec. 213. Joint Advanced Strike Technology (JAST) program.

Sec. 214. Development of laser program.

Sec. 215. Navy mine countermeasures program.

Sec. 216. Space-based infrared system.

Sec. 217. Defense Nuclear Agency programs.

Sec. 218. Counterproliferation support program.

Sec. 219. Nonlethal weapons study.

Sec. 220. Federally funded research and development centers and university-
affiliated research centers.

Sec. 221. Joint seismic program and global seismic network.

Sec. 222. Hydra-70 rocket product improvement program.

Sec. 223. Limitation on obligation of funds until receipt of electronic 
combat consolidation master plan.

Sec. 224. Obligation of certain funds delayed until receipt of report on 
science and technology rescissions.

Sec. 225. Obligation of certain funds delayed until receipt of report on 
reductions in research, development, test, and evaluation.

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