    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [October 11, 1996]
    [Pages 1813-1814]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Intelligence Authorization Act for Fiscal Year
    1997
    October 11, 1996

        Today I am signing into law H.R. 3259, the ``Intelligence
    Authorization Act for Fiscal Year 1997.'' The Act authorizes
    appropriations for the intelligence and intelligence related activities
    of the United States during fiscal year 1997.
        This legislation is the result of the hard work of many people in
    the Administration and in the Congress who are dedicated to both a
    strong national intelligence capability and effective congressional
    oversight. Through their efforts, the Intelligence Community will be
    able to continue critical intelligence activities furthering U.S.
    national security interests.
        I am pleased that this legislation largely reflects my Budget
    request. I commend the conferees for funding the Environmental
    Intelligence and Applications Program and the automatic declassification
    reviews under section 3.4 of Executive Order 12958. This legislation
    will also enhance Intelligence Community support for U.S. law
    enforcement agencies by clarifying existing authorities that permit
    elements of the Intelligence Community to collect information on non-
    U.S. persons abroad at the request of U.S. law enforcement agencies.
        Although I am signing this Act, I have concerns about the provisions
    in it that purport to direct the creation of two new National Security
    Council (NSC) committees--a Committee on Foreign Intelligence and a
    Committee on Transnational Threats. Such efforts to dictate the
    President's policy process unduly intrude upon Executive prerogatives
    and responsibilities. I would note that under my Executive authority,

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    I have already asked the NSC to examine these issues.
        Moreover, I have already signed into law provisions to establish a
    Committee on Nonproliferation and will appoint a National Coordinator
    for Nonproliferation Matters, one of whose duties will be to make
    recommendations to me concerning the structure and organization of the
    Federal Government in this area.
        Additionally, the provision requiring the Director of Central
    Intelligence (DCI) to concur or be consulted before the appointment of
    certain intelligence officials is constitutionally questionable in two
    areas: regarding limitations on the President's ability to receive the
    advice of cabinet officers; and regarding circumscription of the
    President's appointment authority. The Administration has supported the
    concept of obtaining the DCI's concurrence or consultation prior to the
    appointment of certain other intelligence officials as specified in both
    H.R. 3259 and the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201). However, I will do so through an Executive
    order to avoid such constitutional concerns.
        Finally, the DCI has communicated to me his strong opposition to
    provisions in the Act that would establish three new Assistant Directors
    of Central Intelligence, each requiring Senate confirmation. I share his
    concerns that these provisions will add another layer of positions
    requiring Senate confirmation without a substantial corresponding gain
    in the DCI's authority or ability to manage the Intelligence Community.
    I understand that the DCI intends to seek repeal or significant
    modification of these provisions in the 105th Congress. I will support
    such efforts.

                                                          William J. Clinton

    The White House,

    October 11, 1996.

    Note: H.R. 3259, approved October 11, was assigned Public Law No. 104-
    293.