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104th Congress, 2d Session - - - - - - - - House Document 104-197


 
                           VETO OF H.R. 1561

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

      HIS VETO OF H.R. 1561, A BILL ENTITLED ``FOREIGN RELATIONS 
            AUTHORIZATION ACT, FISCAL YEARS 1996 AND 1997''

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


  April 15, 1996.--Message and accompanying bill ordered to be printed
To the House of Representatives:
    I am returning herewith without my approval H.R. 1561, the 
``Foreign Relations Authorization Act, Fiscal Years 1996 and 
1997.''
    This legislation contains many unacceptable provisions that 
would undercut U.S. leadership abroad and damage our ability to 
assure the future security and prosperity of the American 
people. It would unacceptably restrict the President's ability 
to address the complex international challenges and 
opportunities of the post-Cold War era. It would also restrict 
Presidential authority needed to conduct foreign affairs and to 
control state secrets, thereby raising serious constitutional 
concerns.
    First, the bill contains foreign policy provisions, 
particularly those involving East Asia, that are of serious 
concern. It would amend the Taiwan Relations Act (TRA) to state 
that the TRA supersedes the provisions of the 1982 Joint 
Communique between the United States and China. The 1982 
Communique has been one of the cornerstones of our bipartisan 
policy toward China for over 13 years. The ongoing management 
of our relations with China is one of the central challenges of 
United States foreign policy, but this bill would complicate, 
not facilitate that task. The bill would also sharply restrict 
the use of funds to further normalize relations with Vietnam, 
hampering the President's ability to pursue our national 
interests there and potentially jeopardizing further progress 
on POW/MIA issues. If read literally, this restriction would 
also raise constitutional concerns.
    Second, the bill would seriously impeded the President's 
authority to organize and administer foreign affairs agencies 
to best serve the Nation's interests and the Administration's 
foreign policy priorities. I am a strong supporter of 
appropriate reform and, building on bipartisan support, my 
Administration has already implemented significant steps to 
reinvent our international operations in a way that has allowed 
us to reduce funding significantly, eliminate positions, and 
close embassies, consulates, and other posts overseas. But this 
bill proceeds in an improvident fashion, mandating the 
abolition of at least one of three important foreign affairs 
agencies, even though each agency has a distinct and important 
mission that warrants a separate existence. Moreover, the 
inflexible, detailed mandates and artificial deadlines included 
in this section of the bill should not be imposed on any 
President.
    Third, the appropriations authorizations included in the 
bill, for fiscal years 1996 and 1997, fall unacceptably below 
the levels necessary to conduct the Nation's foreign policy and 
to protect U.S. interests abroad. These inadequate levels would 
adversely affect the operation of overseas posts of the foreign 
affairs agencies and weaken critical U.S. efforts to promote 
arms control and nonproliferation, reform international 
organizations and peacekeeping, streamline public diplomacy, 
and implement sustainable development activities. These levels 
would cause undue reductions in force of highly skilled 
personnel at several foreign affairs agencies at a time when 
they face increasingly complex challenges.
    Fourth, this bill contains a series of objectionable 
provisions that limit U.S. participation in international 
organizations, particularly the United Nations (U.N.). For 
example, a provision on intelligence sharing with the U.N. 
would unconstitutionally infringe on the President's power to 
conduct diplomatic relations and limit Presidential control 
over the use of state secrets. Other provisions contain 
problematic notification, withholding, and certification 
requirements.
    These limits on participation in international 
organizations, particularly when combined with the low 
appropriation authorization levels, would undermine current 
U.S. diplomatic efforts--which enjoy bipartisan support--to 
reform the U.N. and to reduce the assessed U.S. share of the 
U.N. budget. The provisions included in the bill are also at 
odds with ongoing discussions between the Administration and 
the Congress aimed at achieving consensus on these issues.
    Fifth, the bill fails to remedy the severe limitations 
placed on U.S. population assistance programs by the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1996 (Public Law 104-107). That law imposes 
unacceptable spending restrictions pending authorization for 
U.S. bilateral and multilateral population assistance programs. 
But H.R. 1561 does not authorize these programs. Consequently, 
these restrictions will remain in place and will have a 
significant, adverse impact on women and families in the 
developing world. It is estimated that nearly 7 million couples 
in developing countries will have no access to safe, voluntary 
family planning services. The result will be millions of 
unwanted pregnancies and an increase in the number of 
abortions.
    Finally, the bill contains a number of other objectionable 
provisions. Some of the most problematic would: (1) abruptly 
terminate the Agency for International Development's housing 
guaranty (HG) program, as well as abrogate existing HG 
agreements, except for South Africa, and prohibit foreign 
assistance to any country that fails to make timely payments or 
reimbursements on HG loans; (2) hinder negotiations aimed at 
resolving the plight of Vietnamese boat people; (3) unduly 
restrict the ability of the United States to participate in the 
United Nations Human Rights Committee; and (4) extend 
provisions of the Nuclear Proliferation Prevention Act that I 
have objected to in the past. I am also concerned that the 
bill, by restricting the time period during which economic 
assistance funds can be expended for longer-term development 
projects, would diminish the effectiveness of U.S. assistance 
programs.
    In returning H.R. 1561, I recognize that the bill contains 
a number of important authorities for the Department of State 
and the United States Information Agency. In its current form, 
however, the bill is inconsistent with the decades-long 
tradition of bipartisanship in U.S. foreign policy. It unduly 
interferes with the constitutional prerogatives of the 
President and would seriously impair the conduct of U.S. 
foreign affairs.
    For all these reasons, I am compelled to return H.R. 1561 
without my approval.
                                                William J. Clinton.
    The White House, April 12, 1996.


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


                                 An Act


  To consolidate the foreign affairs agencies of the United States; to 
    authorize appropriations for the Department of State and related 
   agencies for fiscal years 1996 and 1997; to responsibly reduce the 
 authorizations of appropriations for United States foreign assistance 
    programs for fiscal years 1996 and 1997, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1996 and 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

          DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.

       TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                      Chapter 1--General Provisions

Sec. 201. Effective date.

   Chapter 2--Abolition of United States Arms Control and Disarmament 
                    Agency and Transfer of Functions

Sec. 211. Abolition of United States Arms Control and Disarmament 
          Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Coordinator for Arms Control and Disarmament.

                    Chapter 3--Conforming Amendments

Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Authorities of Secretary of State.
Sec. 225. Conforming amendments.

               TITLE III--UNITED STATES INFORMATION AGENCY

                      Chapter 1--General Provisions

Sec. 301. Effective date.

Chapter 2--Abolition of United States Information Agency and Transfer of 
                                Functions

Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.

                    Chapter 3--Conforming Amendments

Sec. 321. References in law.
Sec. 322. Amendments to title 5, United States Code.
Sec. 323. Amendments to United States Information and Educational 
          Exchange Act of 1948.
Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of 
          1961 (Fulbright-Hays Act).
Sec. 325. International broadcasting activities.
Sec. 326. Television broadcasting to Cuba.
Sec. 327. Radio broadcasting to Cuba.
Sec. 328. National Endowment for Democracy.
Sec. 329. United States scholarship program for developing countries.
Sec. 330. Fascell Fellowship Board.
Sec. 331. National Security Education Board.
Sec. 332. Center for Cultural and Technical Interchange Between North 
          and South.
Sec. 333. Center for Cultural and Technical Interchange Between East and 
          West.
Sec. 334. Mission of Department of State.
Sec. 335. Consolidation of administrative services.
Sec. 336. Grants.
Sec. 337. Ban on domestic activities.
Sec. 338. Conforming repeal to Arms Control and Disarmament Act.
Sec. 339. Repeal relating to procurement of legal services.
Sec. 340. Repeal relating to payment of subsistence expenses.
Sec. 341. Conforming amendment to SEED Act.
Sec. 342. International Cultural and Trade Center Commission.
Sec. 343. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 344. Exchange program with countries in transition from 
          totalitarianism to democracy.
Sec. 345. Edmund S. Muskie Fellowship Program.
Sec. 346. Implementation of Convention on Cultural Property.
Sec. 347. Mike Mansfield Fellowships.
Sec. 348. United States Advisory Committee for Public Diplomacy.

             TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Chapter 1--General Provisions

Sec. 401. Effective date.

    Chapter 2--Abolition of Agency for International Development and 
                          Transfer of Functions

Sec. 411. Abolition of Agency for International Development and United 
          States International Development Cooperation Agency.
Sec. 412. Transfer of functions.
Sec. 413. Under Secretary of State for Development and for Economic and 
          Commercial Affairs.
Sec. 414. Abolition of Office of Inspector General of Agency for 
          International Development and transfer of functions.
Sec. 415. Abolition of Office of Chief Financial Officer of Agency for 
          International Development and transfer of functions.

                    Chapter 3--Conforming Amendments

Sec. 421. References.
Sec. 422. Exercise of functions by Secretary of State.
Sec. 423. Repeal of positions; employment and contracting authorities.
Sec. 424. Development Loan Committee.
Sec. 425. Development Coordination Committee.
Sec. 426. Public Law 83-480 program.
Sec. 427. Conforming amendments to title 5, United States Code.
Sec. 428. Trade Promotion Coordinating Committee.
Sec. 429. Additional conforming amendments.

                 TITLE V--OFFICES OF INSPECTORS GENERAL

Sec. 501. Repeal relating to Inspector General for United States Arms 
          Control and Disarmament Agency.
Sec. 502. Abolition of Office of Inspector General of United States 
          Information Agency and transfer of functions.

                          TITLE VI--TRANSITION

                Chapter 1--Reorganization Plan and Waiver

Sec. 601. Reorganization plan.
Sec. 602. Waiver.

                   Chapter 2--Reorganization Authority

Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Effect on personnel.

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