Public Papers - 1992 - October
Statement on Signing the Intelligence Authorization Act for Fiscal Year 1993
Today I am signing into law H.R. 5095, the ``Intelligence Authorization Act for Fiscal Year 1993.'' The Act authorizes appropriations for the intelligence and intelligence-related activities of the United States during fiscal year 1993.
Title VII of the Act, separately entitled the ``Intelligence Organization Act of 1992,'' amends the 1947 National Security Act with respect to the organization of the Intelligence Community and the responsibilities and authorities of both the Director of Central Intelligence and the Secretary of Defense. The title allows for further organizational changes, while establishing a legislative framework that accurately reflects the existing relationships between elements of the Intelligence Community.
I am pleased that title VII preserves the authority and flexibility that the President must have to organize the Intelligence Community to conduct effectively U.S. intelligence activities in the post cold-war world. Specifically, title VII preserves the authority of the President to create, abolish, or reorganize the Department of Defense intelligence elements, and the authority of the Secretary of Defense under the President to determine which of these elements will execute Department of Defense intelligence functions. In this, title VII is consistent with Executive Order No. 12333, ``United States Intelligence Activities,'' dated December 4, 1981, which remains in force.
I note that title VII also provides that the positions of Director and Deputy Director of Central Intelligence may not simultaneously be occupied by commissioned officers of the Armed Forces. Although this provision is a restatement of current law, it fails to recognize that the Appointments Clause of the Constitution gives the President the sole power to nominate Federal officers whose appointments are subject to the advice and consent of the Senate. Under that Clause, neither the Senate nor the Congress as a whole has any role in choosing the person who will be nominated for appointment, such as by specifying certain qualifications in legislation. I will accordingly treat this provision as advisory rather than mandatory.
The White House,
October 24, 1992.
Note: H.R. 5095, approved October 24, was assigned Public Law No. 102 - 496. This statement was released by the Office of the Press Secretary on October 25.