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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]

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.

    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.''.

                                 <all>
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