[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.