The following statement was issued today
by President Barack Obama.
Today I have signed into law S. 1356,
the "National Defense Authorization Act for Fiscal Year 2016."
I vetoed an earlier version of this legislation that failed to authorize
funding for our national defense in a fiscally responsible manner.
As I noted at the time, my first and most important responsibility, as
President and Commander in Chief, is keeping the American people safe.
The bill that the Congress originally presented to me was not acceptable.
In addition to authorizing inadequate funding for our military, it would have
prevented a range of necessary military reforms. It included language
that would reenact, and in some cases expand, restrictions concerning the
detention facility at Guantanamo Bay that I have repeatedly argued are
counterproductive in the fight against terrorism.
Following my veto of the previous bill,
the Congress approved ‑‑ and I have signed into law ‑‑ the
"Bipartisan Budget Act of 2015," which revises discretionary spending
caps for fiscal years 2016 and 2017 by providing significant relief from
sequestration for both defense and non-defense priorities. The agreement
in place helps ensure that relief from sequestration is paid for in a balanced
way. The Congress has now revised the National Defense Authorization Act
to incorporate these new funding changes and has altered the funding
authorization provisions to which I objected. I am therefore signing this annual defense authorization legislation
because it includes vital benefits for military personnel and their families,
authorities to facilitate ongoing operations around the globe, and important
reforms to the military retirement system, as well as partial reforms to other
military compensation programs. It also codifies key
interrogation-related reforms from Executive Order 13491, which I strongly
support.
I am, however, deeply disappointed that
the Congress has again failed to take productive action toward closing the
detention facility at Guantanamo. Maintaining this site, year after year,
is not consistent with our interests as a Nation and undermines our standing in
the world. As I have said before, 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. It is imperative that we take
responsible steps to reduce the population at this facility to the greatest
extent possible and close the facility. The population once held at
Guantanamo has now been reduced by over 85 percent. Over the past 24
months alone, we have transferred 57 detainees, and our efforts to transfer
additional detainees continue. It is long past time for the Congress to
lift the restrictions it has imposed and to work with my Administration to
responsibly and safely close the facility, bringing this chapter of our history
to a close.
The restrictions contained in this bill
concerning the detention facility at Guantanamo are, as I have said in the
past, unwarranted and counterproductive. Rather than taking steps to
close the facility, this bill aims to extend its operation. Section 1032 renews the bar against using appropriated funds to
construct or modify any facility in the United States, its territories, or possessions
to house any Guantanamo detainee in the custody or under the control of the
Department of Defense unless authorized by the Congress. Section 1031
also renews the bar against using appropriated funds to transfer Guantanamo
detainees into the United States for any purpose. Sections 1033 and 1034
impose additional restrictions on foreign transfers of detainees ‑‑ in
some cases purporting to bar such transfers entirely. As I have said
repeatedly, the executive branch must have the flexibility, with regard to the
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.
Under certain
circumstances, the provisions in this bill concerning detainee transfers would
violate constitutional separation of powers principles. Additionally,
section 1033 could in some circumstances interfere with the ability to transfer
a detainee who has been granted a writ of habeas corpus. In the event
that the restrictions on the transfer of detainees in sections 1031, 1033, and
1034 operate in a manner that violates these constitutional principles, my
Administration will implement them in a manner that avoids the constitutional
conflict.
Finally, I am also disappointed that the
Congress failed to enact meaningful reforms to divest unneeded force structure,
reduce wasteful overhead, and modernize military healthcare. These
reforms are essential to maintaining a strong national defense over the long
term. My Administration looks forward to continuing its work with the
Congress on these important issues.
Source: The White House, Office
of the Press Secretary
