Today I have signed H.R. 2038, the ``Intelligence Authorization Act, Fiscal Year 1992.'' The Act authorizes appropriations for the intelligence and intelligence-related activities of the United States Government during fiscal year 1992. Because secrecy is indispensable if intelligence activities are to succeed, the funding levels authorized by this Act are classified and should remain so.
I am concerned that the authorizations for appropriations below my request do not adequately provide for today's intelligence challenges. I note that the Department of Defense Appropriations Act, 1992, does not include similar reductions, and the Administration will explore with the Congress means by which these appropriated funds may be utilized.
Insofar as H.R. 2038 could be construed to incorporate a provision conditioning my authority to expend appropriated funds on action by committees of the Congress, I shall consider that provision to be of no effect because it is unconstitutional under the Supreme Court decision in INS v. Chadha, 462 U.S. 919 (1983). I also note that Section 803(b)(7) of H.R. 2038 purports to limit my discretion in the selection of nominees to the National Security Education Board. I do not believe that the Congress may impose such limitations as a matter of law in light of the nomination power afforded to me by the Appointments Clause of the Constitution. Article II, Section 2, Clause 2. I shall regard the language of Section 803(b)(7) as advisory, but shall, however, endeavor to follow such advice in my selection of nominees.
Finally, this Act would require the Intelligence Community to maximize procurement of products in the United States, in a manner that is consistent with our national security concerns and that is fiscally sound. My interpretation of the Act will be guided by the fact that the procurement of products in the United States will be maximized by adherence to U.S. international obligations regarding Government procurement.
The White House,
December 4, 1991.
Note: H.R. 2038, approved December 4, was assigned Public Law No. 102 - 183.