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105th Congress, 1st Session - - - - - - - - - - - House Document 105-96
VETO OF H.R. 1469
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS VETO OF H.R. 1469, A BILL MAKING EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR RECOVERY FROM NATURAL DISASTERS, AND FOR OVERSEAS
PEACEKEEPING EFFORTS, INCLUDING THOSE IN BOSNIA, FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
June 10, 1997.--Message and accompanying papers referred to the
Committee on Appropriations and ordered to be printed
To the House of Representatives:
I am returning herewith without my approval H.R. 1469, the
``Supplemental Appropriations and Rescissions Act, FY 1997.''
The congressional majority--despite the obvious and urgent need
to speed critical relief to people in the Dakotas, Minnesota,
California, and 29 other States ravaged by flooding and other
natural disasters--has chosen to weigh down this legislation
with a series of unacceptable provisions that it knows will
draw my veto. The time has come to stop playing politics with
the lives of Americans in need and to send me a clean,
unencumbered disaster relief bill that I can and will sign the
moment it reaches my desk.
On March 19, 1997, I sent the Congress a request for
emergency disaster assistance and urged the Congress to approve
it promptly. Both the House and Senate Appropriations
Committees acted expeditiously to approve the legislation. The
core of this bill, appropriately, provides $5.8 billion of
much-needed help to people in hard-hit States and, in addition,
contains $1.8 billion for the Department of Defense related to
our peacekeeping efforts in Bosnia and Southwest Asia.
Regrettably, the Republican leadership chose to include
contentious issues totally unrelated to disaster assistance,
needlessly delaying essential relief.
The bill contains a provision that would create an
automatic continuing resolution for all of fiscal year 1998.
While the goal of ensuring that the Government does not shut
down again is a worthy one, this provision is ill-advised. The
issue here is not about shutting down the Government. Last
month, I reached agreement with the Bipartisan Leadership of
Congress on a plan to balance the budget by 2002. That
agreement is the right way to finish the job of putting our
fiscal house in order, consistent with our values and
principles. Putting the Government's finances on automatic
pilot is not.
The backbone of the Bipartisan Budget Agreement is the plan
to balance the budget while providing funds for critical
investments in education, the environment, and other
priorities. The automatic continuing resolution would provide
resources for fiscal year 1998 that are $18 billion below the
level contained in the Bipartisan Budget Agreement, threatening
such investments in our future. For example: college aid would
be reduced by $1.7 billion, eliminating nearly 375,000 students
from the Pell Grant program; the number of women, infants, and
children receiving food and other services through WIC would be
cut by an average of 500,000 per month; up to 56,000 fewer
children would participate in Head Start; the number of border
patrol and FBI agents would be reduced, as would the number of
air traffic controllers; and our goal of cleaning up 900
Superfund sites by the year 2000 could not be accomplished.
The bill also contains a provision that would permanently
prohibit the Department of Commerce from using statistical
sampling techniques in the 2000 decennial census for the
purpose of apportioning Representatives in Congress among the
States. Without sampling, the cost of the decennial census will
increase as its accuracy, especially with regard to minorities
and groups that are traditionally undercounted, decreases
substantially. The National Academy of Sciences and other
experts have recommended the use of statistical sampling for
the 2000 decennial census.
The Department of Justice, under the Carter and Bush
Administrations and during my Administration, has issued three
opinions regarding the constitutionality and legality of
sampling in the decennial census. All three opinions concluded
that the Constitution and relevant statutes permit the use
ofsampling in the decennial census. Federal courts that have addressed
the issue have held that the Constitution and Federal statutes allow
sampling.
The enrolled bill contains an objectionable provision that
would promote the conversion of certain claimed rights-of-way
into paved highways across sensitive national parks, public
lands, and military installations. Under the provision, a 13-
member commission would study the issue and provide
recommendations to resolve outstanding Revised Statute (R.S.)
2477 claims. R.S. 2477 was enacted in 1866 to grant rights-of-
way for the construction of highways over public lands not
already reserved for public uses. It was repealed in 1976,
subject to ``valid, existing rights.''
This provision in the enrolled bill is objectionable
because it is cumbersome, flawed, and duplicates the extensive
public hearings conducted by the Department of the Interior
over the last 4 years. In addition, the proposed commission
excludes the Secretary of Defense, but military installations
are among the Federal properties that would be affected by the
recommendations of the commission. Furthermore, there is no
assurance that the proposed commission would provide a balanced
representation of views or proper public participation. Under
the provision, the Secretary of the Interior can disapprove the
commission's recommendations, preventing their submission to
the Congress under ``fast-track'' procedures in the House and
Senate. I believe--and my Administration has stated--that a
better approach would be for Interior to submit a legislative
proposal to the Congress within 180 days to clarify R.S. 2477
claim issues permanently, with full congressional and public
consideration.
The enrolled bill contains an objectionable provision that
funds the Commission for the Advancement of Federal Law
Enforcement. I agree with the Fraternal Order of Police and
other national law enforcement organizations that certain
activities of the Commission, such as evaluating the handling
of specific investigative cases, could interfere with Federal
law enforcement policy and operations. This type of oversight
is most properly the role of Congress, not an unelected review
board. If external views about law enforcement programs are
needed, a better approach would be to fund the National
Commission to Support Law Enforcement.
I also object to two other items in the bill. One reduces
funding for the Ounce of Prevention Council by roughly one-
third. This reduction would substantially diminish the work of
the Council in coordinating crime prevention efforts at the
Federal level and assisting community efforts to make their
neighborhoods safer. The Council is in the process of awarding
$1.8 million for grants to prevent youth substance abuse and of
evaluating its existing grant programs. The Council has
received over 300 applications from communities and community-
based organizations from all across the country for these
grants. In addition, the bill reduces funding for the
Department of Defense Dual-Use Applications Program. That
program helps to develop technologies used and tested by the
cost-conscious commercial sector and to incorporate them into
military systems. Reducing funding for this program would
result in higher costs for future defense systems. The projects
selected in this year's competition will save the Department of
Defense an estimated $3 billion.
Finally, by including extraneous issues in this bill, the
Republican leadership has also delayed necessary funding for
maintaining military readiness. The Secretary of Defense has
written the Congress detailing the potential disruption of
military training.
I urge the Congress to remove these extraneous provisions
and to send me a straightforward disaster relief bill that I
can sign promptly, so that we can help hard-hit American
families and businesses as they struggle to rebuild. Americans
in need should not have to endure further delay.
William J. Clinton.
The White House, June 9, 1997.
H.R.1469
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$300,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$29,100,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,430,100,000: Provided, That the Secretary of
Defense may transfer these funds only to Department of Defense
operation and maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
to the Department of Defense: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law 104-
201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization Income
Insurance Fund'', $72,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps'' from the
following accounts in the specified amounts, to be available only for
reimbursing costs incurred for repairing damage caused by hurricanes,
flooding, and other natural disasters during 1996 and 1997 to real
property and facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and the Mountain
Warfare Training Center, Bridgeport, California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title VI of
the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208), under the heading ``Defense
Health Program'', $21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military treatment
facilities.
Sec. 103. In addition to the amounts appropriated in title II of
the Department of Defense Appropriations Act, 1997 (as contained in
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