[Page: S5211]

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:

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:

`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.'.

END