S. 1301 - NATIONAL SECURITY PROTECTION ACT OF 1985

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G00186R001201610031-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 23, 2016
• Document Release Date: July 14, 2011
• Sequence Number: 31
• Publication Date: June 24, 1985
• Content Type: MEMO

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2 4 JUi'~ 1985
/~Z -/3
MEMORANDUM FOR: Chief Legislative Division, OLL
FROM:
Director of Security
SUBJECT: S. 1301 - National Security Prot
ection Act
of 1985
RE.eERENCE: Office of Management and Budget
Memorandum
dated 20 June 1985 (LL 85-1774)
Following are Office of Security comments on S. 1301:
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cc: r.O/DDA
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 0103
June 20, 1985
LEGISLATIVE REFERRAL MEMORANDUM
t of Defense - Werner Windus (697-1305)
;DZeZx'rt_m'ent of Justice - Jack Perkins (633-2113)
entral Intelligence Agency
Office of Personnel Mang ent - Bob Moffit (632-6516)
Department of State - Bill Farrah (632-0430)
LWATIYE IA1S N
75 - 17 4-
Chrono
SUBJECT: S. 1301, a bill entitled the "National Security Protection
Act of 1985"
advisingrequests
The Office of Management dbeforeBudget
onhitsirelationship to
agency on the above subject
the program of the President, in accordance with Circular A-19.
Please provide us with your views no later than June 24, 1985.
(NOTE: A hearing on this bill is scheduled for 6/27/85.)
Direct your questions to Gregory Jones (395-3454), of this office.
Assistant Director for
Legislative Reference
Enclosures
cc : A. DorKShue
R. Howard
K. Wilson
H. Schreiber
M. Horowitz
F. Fielding
R. Peterson
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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 increased penalties for espionage, and for
other purposes.
99TH CONGRESS 1ST SESSION S.
IN THE SENATE OF THE UNITED STATES
JUNE i3 (legislative day, JUNE 3), 1985
Mr. GRAMM (for himself, Mr. GOLDWATER, Mr. THUEMOND, Mr. DOLE, and Mr.
HELMS) introduced the following bill; which was read twice and referred to
the Committee on Armed Forces
A~ BILL
To strengthen the counterintelligence capabilities of the Depart-.
ment of Defense, to amend the Uniform Code of Military
Justice to establish penalties for espionage in peacetime, to
provide increased penalties for espionage, and for other
purposes.
1 Be it enacted by the Senate and House of Repr,esenta-
2 Lives of the United States of America in Congress assembled,
3 SHOUT TITLE
4 SECTION 1. This Act may be cited as the "National
5 Security Protection Act of 1985".
6 CONGRESSIONAL FINDINGS AND POLICIES
finds-
7 SEC. 2. The Congress
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1 (1) that there have been recent cases of disclo-
2 sures of classified information to the Soviet Union with
3 serious consequences to the national security of the
4 United States;
5 (2) that such treacherous actions reflect the most
6 reprehensible conduct on the part of citizens of .t}e
7 United States and should be subjected to the most
8 severe penalties;
9 (3) that an excessively large number of individuals
10 who are members of the Armed Forces of the United
11 States or civilian employees of the Department of De-
12 fense presently hold clearances granting them access to
13 classified information, and that such excessive access to
14 classified information increases the likelihood of unau-
15 thorized disclosure of such information to foreign gov-
16 ernments; and
17 (4) that currently available means of technology
18 have not been used to the fullest possible extent to un-
19 cover ongoing cases of espionage.
20 COUNTERINTELLIGENCE CAPABILITIES OF THE
21 DEPARTMENT OF DEFENSE
22 SEC. 3. The Secretary of Defense shall submit a report
23 to the Congress within 180 days after the date of the enact-
24 ment of this Act on the existing capabilities of the military
25 departments and the Office of the Secretary of Defense to
26 conduct counterintelligence operations. The Secretary shall
.suns
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Lry
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1 include in such report a description of any changes to existing
2 capabilities which the Secretary proposes to implement in
3 order to enhance counterintelligence operational capability in
4 the Department of Defense. The Secretary shall also state in
5 such report whether the Secretary regards the resources
6 available to him for the purpose of conducting counterintelli-
7 gence operations as adequate. In the event the Secrets; y de-
8 termines that additional resources are necessary, he shall
9 identify the type and amount of such additional resources
10 quired to meet counterintelligence requirements.
11 SECURITY CLEARANCES
12 SEC. 4. The Secretary of Defense shall submit a report
13 to the Congress not later than 180 days after the date of the
14 enactment of this Act on plans of the Secretary for a reduc-
15 lion in the number of members of the Armed Forces of the
16 United States and civilian employees of the Department of
17 Defense who hold clearances granting them access to classi-
18 fied information. The Secretary shall include in such report a
19 schedule for the appropriate implementation of such a plan.
20 AMENDMENTS TO THE UNIFORM CODE OF MILITARY
21 JUSTICE
22 SEC. 5. (a) Chapter 47 of title 10, United States Code,
23 is amended by inserting after section 906 the following new
24 section:
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1 "1906a. Art 106a. Espionage in time of peace
2 "Any person subject to this chapter who at any time,
S with intent or reason to believe that it is to be used to the
4 injury of the United States or to the advantage of a foreign
5 nation, communicates, delivers, or transmits, or attempts to
6 communicate, deliver, or transmit, to any foreign govern-
7 ~ .~
ment, or to any faction or party or military or naval force
8 within a 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, code book, signal book,
12 sketch, photograph, photographic negative, blueprint, plan,
3 map, model, note, instrument, appliance, or information relat-
4 ing to the national defense, shall be tried by a general court-
5 martial and on conviction shall be punished b v death or by
6 imprisonment for any term of years or for life, except that if
7 the foreign government is the Government of the Soviet
18 Union or any other Communist country (as previously deter-
19 mined and publicly proclaimed by the President), such person
20 shall u on conviction be punished by death or mandat life
21 imprisonment.".
22 (b) The table of sections at the beginning of subchapter
23 X of such chapter is amended by inserting after the item
24 relating to section 906 the following new item:
"806.. Art. 106s. Espionage in time of peace.".
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1 POLYGRAPH EXAMINATIONS FOR COUNTERINTELLIGENCE
2 -SEC. 6. (a) The Secretary of Defense shall require poly-
S graph examinations to assist in determining the initial eligi-
4 bility of persons to have access to sensitive compartmented
5 information and shall aperiodically thereafter use such exami-
6 nations to assist in determining the continued eligibility of
7 such persons to have access ' to sensitive compartmented
8 information.
9 (b) The Secretary of Defense may require polygraph ex-
10 aminations to assist in determining the initial eligibility of
11 persons to have access to classified information other than
12 sensitive compartmented information and may use such ex-
13 aminations aperiodically thereafter to assist in determining
14 the continued eligibility of such persons to have access to
15 such classified information.
16 (c) The results of polygraph examinations shall not be
17 used as the sole basis for denying eligibility for clearance or
18 access to any classified information.
19 (d) Individuals who refuse to submit to polygraph ex-
20 aminations conducted pursuant to the authority of this section
21 may be denied clearance or access to classified information,
22 or, if clearance or access has already been granted, may have
23 their clearance or access withdrawn.
24 (e) The polygraph examinations authorized or required
25 by this section shall be restricted to relevant issue questions
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1 which are intended to elicit an indication of whether a person
2 has or plans to make unauthorized disclosure of classified in-
3 formation, or to take any other action which would violate
4 the espionage laws of the United States.
5 (f) The Secretary of Defense shall report to the Con-
6 gress not later than 180 days after the date of the enactment
7 of this Act on plans developed by the Secretary to implement
8 this section.
9 AMENDMENTS TO FEDERAL ESPIONAGE LAW
10 SEC. 7. Section 794 of title 18, United States Code, is
11 amended by adding at the end thereof the following new sub-
12 section:
13 "(d) The death penalty for subsection (a) of this section
14 may only be adjudged if the jury, or if there is no jury, the
15 court, finds beyond a reasonable doubt, that the foreign gov-
16 ernment involved is the Soviet Union or any other Commu-
17 nist country (as previously determined and publicly pro-
18 claimed by the President) and that the document, writing,
19 code book, signal book, sketch, photograph, photographic
20 negative, blueprint, plan, map, model, note, instrument, ap-
_
21 pliance, or information involved is cla.
22 "(e) The death penalty for subsection (b) of this section
23 may only be adjudged if the jury, or if there is no jury, the
24 court, finds beyond a reasonable doubt, that the foreign gov-
25 ernment involved is the Soviet Union, any other Communist
26 country (as previously determined and publicly proclaimed by
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1 the President), or an enemy of the United States and that the
2 document, writing, code book, signal book, sketch, photo-
3 graph, photographic negative, blueprint, plan, map, model,
4 note, instrument, appliance, or information involved
5 classified.".
6 MANDATORY LIFE TERM OF IMPRISONMENT FOR SOVIET
7 "It ESPIONAGE
8 SEC. 8. (a) Section 794(a) of title 18, United States
9 Code, is amended by striking out the period at the end and
10 inserting in lieu thereof the following: "; except that if the
11 foreign government is the Government of the Soviet Union or
12 of any other Communist country (as previously determined
13 publicly and proclaimed by the President), any person con-
14 victed under this subsection shall be punished by death or b
15 imprisoned for the rest of such person's life. Notwithstanding
16 any other provision of law, the court, in imposing a life sen
17 tence under the exception in the preceding sentence, may no
18 sentence the defendant to probation, nor suspend such sen
19 tence, and the defendant shall not be eligible for release o
20 parole.".
21 (b) Section 794(b) of such title is amended by striking
22 out "for any term of years or for life." and inserting in lieu
23 thereof "for the rest of his life. Notwithstanding any other
24 provision of law, the court, in imposing a life sentence under
25 this subsection, may not sentence the defendant to probation,
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1 nor suspend such sentence, and the defendant shall not be
.2 eligible for release on parole.".
S EFFECTIVE DATE
4 SEC. 9. The amendments made by this Act shall be ap-
5 plicable to offenses committed on or after the date of the
6 enactment of this Act.
O
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