II

103D CONGRESS

2D SESSION S. 2063

To amend the National Security Act of 1947 to provide for improved

coordination of national counterintelligence policy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 3 (legislative day, MAY 2), 1994

Mr. GORTON introduced the following bill; which was read twice and referred

to the Select Committee on Intelligence

A BILL

To amend the National Security Act of 1947 to provide

for improved coordination of national counterintelligence

policy, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Counterintel5 ligence Reform Act’’.

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

7 1947.

8 The National Security Act of 1947 (50 U.S.C. et

9 seq.) is amended by adding at the end the following new

10 title:
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1 ‘‘TITLE VIII—NATIONAL

2 COUNTERINTELLIGENCE PROGRAM

3 ‘‘SEC. 801. DEFINITIONS.

4 ‘‘As used in this title:

5 ‘‘(1) BOARD.—The term ‘Board’ means the

6 National Counterintelligence Review Board estab7 lished in section 804.

8 ‘‘(2) CENTER.—The term ‘Center’ means the

9 National Counterintelligence Center established in

10 section 803.

11 ‘‘(3) COUNTERINTELLIGENCE.—The term

12 ‘counterintelligence’ means information gathered and

13 activities conducted to protect against espionage,

14 other intelligence activities, sabotage, or assassina15 tions conducted by or on behalf of foreign govern16 ments, foreign organizations, or foreign persons, or

17 international terrorist activities.

18 ‘‘SEC. 802. PURPOSE.

19 ‘‘The purpose of this title is to establish a national

20 policy and program framework to ensure an integrated

21 and coordinated effort to counteract espionage against the

22 United States.

23 ‘‘SEC. 803. NATIONAL COUNTERINTELLIGENCE CENTER.

24 ‘‘(a) ESTABLISHMENT.—There is established the

25 National Counterintelligence Center.
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1 ‘‘(b) COMPOSITION.—(1) The Center shall be headed

2 by a Director and Deputy Director and shall be comprised

3 of staff from—

4 ‘‘(A) the Central Intelligence Agency;

5 ‘‘(B) the Federal Bureau of Investigation; and

6 ‘‘(C) the Department of Defense.

7 ‘‘(2) The head of each agency described in paragraph

8 (1) shall make available such resources, including, by de9 tail or otherwise, such personnel, as may be necessary to

10 meet the needs of the Center.

11 ‘‘(c) ROTATION OF DIRECTOR AND DEPUTY DIREC12 TOR.—The Director of Central Intelligence and the Direc13 tor of the Federal Bureau of Investigation shall enter into

14 an arrangement for the rotation, on a periodic basis, of

15 the Director and Deputy Director positions of the Center

16 between officials of the Central Intelligence Agency and

17 of the Bureau.

18 ‘‘(d) FUNCTIONS.—The Center shall—

19 ‘‘(1) administer a focused and coordinated na20 tional program to analyze and counteract foreign in21 telligence efforts against the United States (which

22 may be known as the ‘National Counterintelligence

23 Program’);

24 ‘‘(2) develop a government-wide foreign coun25 terintelligence policy under the direction and review
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1 of the National Counterintelligence Review Board

2 and approve the allocation of resources to deal with

3 the foreign intelligence threat;

4 ‘‘(3) prepare and maintain an integrated and

5 coordinated listing by country and subject of coun6 terintelligence threats directed against the United

7 States; and

8 ‘‘(4) provide staff and other support services to

9 the National Counterintelligence Review Board.

10 ‘‘(e) IMPLEMENTATION.—In carrying out the func11 tions described in subsection (d), the Center shall consider

12 foreign intelligence threats against the United States do13 mestically as well as against United States installations,

14 personnel, and information abroad.

15 ‘‘SEC. 804. NATIONAL COUNTERINTELLIGENCE REVIEW

16 BOARD.

17 ‘‘(a) ESTABLISHMENT.—There is established an

18 interagency review board to be known as the National

19 Counterintelligence Review Board. The Board shall report

20 to the President through the National Security Council.

21 ‘‘(b) COMPOSITION.—The Board shall consist of 4

22 members, as follows:

23 ‘‘(1) The Attorney General, who shall serve as

24 Chair.

25 ‘‘(2) The Secretary of Defense.
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1 ‘‘(3) The Director of Central Intelligence.

2 ‘‘(4) The Director of the Federal Bureau of

3 Investigation.

4 ‘‘(c) FUNCTIONS.—The Board shall—

5 ‘‘(1) review and approve United States counter6 intelligence policies developed and recommended by

7 the Center;

8 ‘‘(2) review and approve United States counter9 intelligence programs administered by the Center;

10 ‘‘(3) serve as a forum for the resolution of

11 interagency disputes arising from decisions made by

12 the Center with respect to the criminal prosecution,

13 exploitation for intelligence purposes, or other dis14 position of counterintelligence cases; and

15 ‘‘(4) review and approve the national counter16 intelligence threat list described in section 803(d)(3).

17 ‘‘SEC. 805. RULE OF CONSTRUCTION.

18 ‘‘Nothing in this title alters or affects the responsibil19 ity of any department, agency, or other entity of the

20 United States to continue its counterintelligence activities

21 to protect information, equipment, operations, and

22 personnel.’’.

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