U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

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59–011 2015

114th Congress, 1st Session – – – – – – – – – – – – – House Document 114–70 

VETO MESSAGE ON H.R. 1735 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION OF THE VETO OF H.R. 1735, THE ‘‘NATIONAL 

DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016’’ 

OCTOBER 22, 2015.—Ordered to be printed 


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To The House of Representatives: 

I am returning herewith without my approval H.R. 1735, the 

‘‘National Defense Authorization Act for Fiscal Year 2016.’’ While 

there are provisions in this bill that I support, including the codification of key interrogation-related reforms from Executive Order 

13491 and positive changes to the military retirement system, the 

bill would, among other things, constrain the ability of the Department of Defense to conduct multi-year defense planning and align 

military capabilities and force structure with our national defense 

strategy, impede the closure of the detention facility at Guantanamo Bay, and prevent the implementation of essential defense reforms. 

This bill fails to authorize funding for our national defense in a 

fiscally responsible manner. It underfunds our military in the base 

budget, and instead relies on an irresponsible budget gimmick that 

has been criticized by members of both parties. Specifically, the 

bill’s use of $38 billion in Overseas Contingency Operations funding—which was meant to fund wars and is not subject to budget 

caps—does not provide the stable, multi-year budget upon which 

sound defense planning depends. Because this bill authorizes base 

budget funding at sequestration levels, it threatens the readiness 

and capabilities of our military and fails to provide the support our 

men and women in uniform deserve. The decision reflected in this 

bill to circumvent rather than reverse sequestration further harms 

our national security by locking in unacceptable funding cuts for 

crucial national security activities carried out by non-defense agencies. 

I have repeatedly called upon the Congress to work with my Administration to close the detention facility at Guantanamo Bay, 

Cuba, and explained why it is imperative that we do so. As I have 

noted, the continued operation of this facility weakens our national 

security by draining resources, damaging our relationships with 

key allies and partners, and emboldening violent extremists. Yet in 

addition to failing to remove unwarranted restrictions on the transfer of detainees, this bill seeks to impose more onerous ones. The 

executive branch must have the flexibility, with regard to those detainees who remain at Guantanamo, to determine when and where 

to prosecute them, based on the facts and circumstances of each 

case and our national security interests, and when and where to 

transfer them consistent with our national security and our humane treatment policy. Rather than taking steps to bring this 

chapter of our history to a close, as I have repeatedly called upon 

the Congress to do, this bill aims to extend it. 

The bill also fails to adopt many essential defense reforms, including to force structure, weapons systems, and military health 

care. Our defense strategy depends on investing every dollar where 

it will have the greatest effect. My Administration’s proposals will 


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accomplish this through critical reforms that divest unneeded force 

structure, slow growth in compensation, and reduce wasteful overhead. The restrictions in the bill would require the Department of 

Defense to retain unnecessary force structure and weapons systems 

that we cannot afford in today’s fiscal environment, contributing to 

a military that will be less capable of responding effectively to future challenges. 

Because of the manner in which this bill would undermine our 

national security, I must veto it. 

BARACK OBAMA. 

THE WHITE HOUSE, October 22, 2015. 

Æ 


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