[Congressional Record Volume 140, Number 53 (Thursday, May 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            NATIONAL COUNTERINTELLIGENCE REFORM ACT--S. 2063

  Mr. GORTON. Mr. President, on Tuesday, May 3, 1994, I introduced 
legislation to improve the coordination of national counterintelligence 
policy of the United States.
  I ask unanimous consent that the text of the bill be printed in the 
Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2063

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Counterintelligence 
     Reform Act''.

     SEC. 2. AMENDMENT OF THE NATIONAL SECURITY ACT OF 1947.

       The National Security Act of 1947 (50 U.S.C. et seq.) is 
     amended by adding at the end the following new title:

           ``TITLE VIII--NATIONAL COUNTERINTELLIGENCE PROGRAM

     ``SEC. 801. DEFINITIONS.

       ``As used in this title:
       ``(1) Board.--The term `Board' means the National 
     Counterintelligence Review Board established in section 804.
       ``(2) Center.--The term `Center' means the National 
     Counterintelligence Center established in section 803.
       ``(3) Counterintelligence.--The term `counterintelligence' 
     means information gathered and activities conducted to 
     protect against espionage, other intelligence activities, 
     sabotage, or assassinations conducted by or on behalf of 
     foreign governments, foreign organizations, or foreign 
     persons, or international terrorist activities.

     ``SEC. 802. PURPOSE.

       ``The purpose of this title is to establish a national 
     policy and program framework to ensure an integrated and 
     coordinated effort to counteract espionage against the United 
     States.

     ``SEC. 803. NATIONAL COUNTERINTELLIGENCE CENTER.

       ``(a) Establishment.--There is established the National 
     Counterintelligence Center.
       ``(b) Composition.--(1) The Center shall be headed by a 
     Director and Deputy Director and shall be comprised of staff 
     from--
       ``(A) the Central Intelligence Agency;
       ``(B) the Federal Bureau of Investigation; and
       ``(C) the Department of Defense.
       ``(2) The head of each agency described in paragraph (1) 
     shall make available such resources, including, by detail or 
     otherwise, such personnel, as may be necessary to meet the 
     needs of the Center.
       ``(c) Rotation of Director and Deputy Director.--The 
     Director of Central Intelligence and the Director of the 
     Federal Bureau of Investigation shall enter into an 
     arrangement for the rotation, on a periodic basis, of the 
     Director and Deputy Director positions of the Center between 
     officials of the Central Intelligence Agency and of the 
     Bureau.
       ``(d) Functions.--The Center shall--
       ``(1) administer a focused and coordinated national program 
     to analyze and counteract foreign intelligence efforts 
     against the United States (which may be known as the 
     `National Counterintelligence Program');
       ``(2) develop a government-wide foreign counterintelligence 
     policy under the direction and review of the National 
     Counterintelligence Review Board and approve the allocation 
     of resources to deal with the foreign intelligence threat;
       ``(3) prepare and maintain an integrated and coordinated 
     listing by country and subject of counterintelligence threats 
     directed against the United States; and
       ``(4) provide staff and other support services to the 
     National Counterintelligence Review Board.
       ``(e) Implementation.--In carrying out the functions 
     described in subsection (d), the Center shall consider 
     foreign intelligence threats against the United States 
     domestically as well as against United States installations, 
     personnel, and information abroad.

     ``SEC. 804. NATIONAL COUNTERINTELLIGENCE REVIEW BOARD.

       ``(a) Establishment.--There is established an interagency 
     review board to be known as the National Counterintelligence 
     Review Board. The board shall report to the President through 
     the National Security Council.
       ``(b) Composition.--The Board shall consist of 4 members, 
     as follows:
       ``(1) The Attorney General, who shall serve as Chair.
       ``(2) The Secretary of Defense.
       ``(3) The Director of Central Intelligence.
       ``(4) The Director of the Federal Bureau of Investigation.
       ``(c) Functions.--The Board shall--
       ``(1) review and approve United States counterintelligence 
     policies developed and recommended by the Center;
       ``(2) review and approve United States counterintelligence 
     programs administered by the Center;
       ``(3) serve as a forum for the resolution of interagency 
     disputes arising from decisions made by the Center with 
     respect to the criminal prosecution, exploitation for 
     intelligence purposes, or other disposition of 
     counterintelligence cases; and
       ``(4) review and approve the national counterintelligence 
     threat list described in section 803(d)(3).

     ``SEC. 805. RULE OF CONSTRUCTION.

       ``Nothing in this title alters or affects the 
     responsibility of any department, agency, or other entity of 
     the United States to continue its counterintelligence 
     activities to protect information, equipment, operations, and 
     personnel.''.

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