[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 24, 1992]
[Pages 1971-1972]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Intelligence Authorization Act for Fiscal Year 
1993
October 24, 1992

    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

[[Page 1972]]

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.

                                                             George Bush

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.