Statement on Signing the Intelligence Authorization Act, Fiscal Year 1989
have today signed H.R. 4387, the ``Intelligence Authorization Act, Fiscal Year
1989.'' The Act authorizes appropriations to pay for the intelligence and
intelligence-related activities of the United States Government during the
coming fiscal year. The legislation will strengthen
As the Congress has recognized, secrecy is essential to success in the intelligence activities upon which the Nation's security depends. To maintain that essential secrecy, the programs and funding levels for which the Act provides are classified. The Act authorizes appropriations at approximately the level I requested in my Fiscal Year 1989 budget.
Two provisions of the Act raise constitutional concerns.
104 of the Act prohibits the use during Fiscal Year 1989 of funds available to
the Central Intelligence Agency, the Department of Defense, or any other agency
or entity of the United States to provide assistance to the Nicaraguan
Democratic Resistance, except as specifically provided by law. Previous such
restrictions in annual intelligence authorization acts applied to Federal
entities only if they were involved in intelligence activities. I have signed
the Act with the understanding that the extension of the restriction to all entities
of the United States Government is not intended to, and does not,
apply in a manner and to an extent that would conflict with my constitutional
authority and duty to conduct the foreign relations of the
Section 504 of the Act enacts a new Section 17 of the Central Intelligence Agency Act of 1949 to require reports to the intelligence committees of the Congress concerning activities of the Inspector General of the Central Intelligence Agency. The provision purports to require inclusion of information in certain reports to the committees that would disclose Inspector General recommendations to the Director of Central Intelligence and opposing views within the Executive branch. Such a requirement would conflict with the constitutional protection afforded the integrity and confidentiality of the internal deliberations of the Executive branch. It would, however, be severable from the remainder of Section 17, which can be properly executed.
The White House,
Note: H.R. 4387, approved September 29, was assigned Public Law No. 100 - 453.