S. 1301 A BILL TO STRENGTHEN THE COUNTERINTELLIGENCE CAPABILITIES OF THE DEPARTMENT OF DEFENSE, TO AMEND THE UNIFORM CODE OF MILITARY JUSTICE TO ESTABLISH PENALTIES FOR ESPIONAGE IN PEACETIME, TO PROVIDE INCREASES PENALTIES FOR ESPIONAGE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000500780006-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 22, 2016
• Document Release Date: August 15, 2011
• Sequence Number: 6
• Publication Date: June 13, 1985
• Content Type: REGULATION

Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
es~ coNa~ss ~ O 1.
~sT s$ge~o~ S,1
noe apabDites d the Departmtat d Dden~e,
To ~n~then the eounterink~ Juitiee b ettabliah penalties for
b amend the Uniform Code d~~~ed penalties for e~pionate. ~ !vr
~,o~ m peaoet~me, b pro .
other purpo~?
IN THE SENATE OF THE UrTITED STATES
Jtrns 18 pe,~isLtive day. Jm~s 8), 1985
][r. t~oivW~~rss. Yr. T~YOxn. ~. DoLS, and Mr.
Yr. (3snuY (tor him~eli. ~~ ~ read t~ioe sad rderred b
gLl.ne) introduced the toDo~rin; bDl;
the Committee on Armed Forces
~, BILL
ence capab~ities of the Departr .
To strengthen the counterintellig a Uniform Code of Military
went of Defense, to amend th
acetime, to
Justice to establish penalties for espionage m d for other
provide increased penalties for espionage, an
purposes.
1 Bt it enacted by the 8tnate and House of Repreaenta-
2 fives o f the United States of dmeri~a in Cangnas asaembied.
BHOBT TITLB
8
4 SECTION 1. This Act may be cited ~ the "National
b 6ecurity protection Act of 1885".
6 CONCBEBBIONAL !"INDINdB /1ISD pOLIC1EB
~ Sse. 2. The Congress 5nds-
Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
 ~~-+ Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
-? ~-
2
1 (1) that there have been recent cases of dia~clo-
2 sores of classified information to the Soviet Union with
g serious consequences to the national security of the
~..t: ~~.
is },r -
.. ~ . _~
~.'
~= ~ :~_~.
. ?~
+~~ J `~
\\\ ~.':
`~~~: :~
., . -.
i~~ ..
~? J ( ~
G ~Y ~ 6.1 ^~
. ~~..
.. : ,
-~ -=?
...
~~~r
.r:.:
`?'.:
,~,;_
-~ -''~
!~~ . ,..
...Ir: ~~ 1 :?.N
4 United 6tates;
b (2) that such treacherous actions reflect the most
6 reprehensible conduct on the part ~ citizens of the
7 United States and should be subjected to the most
8 severe penalties;
g (3) that an ezcessively large number of individuals
10 who are members of the Armed Forces of the United
1l States or civilian employees of the Department of De-
12 Tense presently hold clearances granting them access to
13 classifed information, and that such ezcessive access to
14 classified information increases the likelihood of unau-
15 thorized disclosure of such information to foreign gov-
16 ernments; and
1~ (4) that currently available means of technology
1B have not been used to the fullest possible eztent to un-
' 19 'cover ongoing cases of espionage.
20 COUNTEBII~'TELLIOENCE CAPABII.ITIE6 OF THE
21 DEPABTMENT OF DEF'EN6E
22 SEC. 8. The Secretary of Defense shall submit a report
23 to the Congress within 180 days after the date of the enact-
24 went of thi: Act on the ezisting capabilities of the military
25 departments and the Office of the Secretary of Defense to
26 conduct counterintelligence operations. The Secretary shall
..u.-a
Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
 ~i~ Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
8
1 include in such report a description of any changes to ezisting
a abilities which the Secretary proposes to implement in
4 cp
' ence o erational capability in
S order to enhance countenntellig p
4
the Department of Defense. The Secretary shall also state m
b
such report whether the Secretary regards the resources
lli-
t
i
6
e
n
available to him for the purpose of conducting counter
7
Bence operations as adequate. ~ the eoe3it the Secretary de-
8
termines that additional resources are necessary, he shall
8
identify' the type and amount of such additional resources re-
10 quired to meet counterintelligence requirements.
11 BECUBITY C~AgANCEB
12 SEC. 4. The Secretary of Defense shall submit a rep_ rt
13 to the Congress not later than 1g0 days after the date of the
14 enactment of this Act on plans of the Secretary fora reduc-
tion in the number of members of the Armed Forces of the
15
16 United States and civilian employees of the Department of
1? Defense who hold clearances granting them access to classi-
18 5ed information. The Secretary shall include in such report a
19 schedule for the appropriate implementation of such a plan.
20 AMENDMENTS TO THE UI~'1FOEM CODE OF MILITARY
21 JL?6TICE
22 SEC. 5. (e) Chapter 47 of title 10, United States Code,
23 is amended by inserting after section 806 the folloazng new
24 section:
~ .s u~l s
Approved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
 Aooroved For Release 2011/08/15 :CIA-RDP87B00858R000500780006-0
4
1 "f fOba Ari. I06a Eapionajc to tienc of pesee ?.? ??
2 "Any persoa !subject to this chapter w-ho at any time,
8 with intent or reason to belieoe that it v to be used to the
4 injury of the United States or to the advantage of a foreign
5 nation, communicates, delivers, or tranamit8, or attempts to
6 communicate, deliver, or traasmit, to any foreign govern-
. .f
7 ment, or to any faction or party or military or naval force
8 Rlthln t foreign country, whether recognized or unrecognized
9 by the United States, or to any representative, officer, agent,
10 employee, subject, or citizen thereof, either directly or indi-
11 rectly, any document, writing, eod~ k, signal book,
12 s?