PROTECT Act of 2025

— 157 — Department of Homeland Security to such returnees. These two steps could be foundational for any improvements in the recruiting process. U.S. SECRET SERVICE (USSS) Needed Reforms The U.S. Secret Service must be the world’s best protective agency. Currently, the agency is distracted by its dual mission of protection and financial investigations. The result has been a long series of high-profile embarrassments and security fail- ures, perhaps most notably its allowing of then-Vice President-elect Kamala Harris to be inside the Democratic National Committee office on January 6, 2021, while a pipe bomb was outside. Despite the great size and scope of the January 6 inves- tigation, this high-profile incident of danger to a protectee remains unresolved. The failures of the USSS protective mission are too numerous to list here. A December 2015 bipartisan report from the House Oversight Committee listed dozens of such incidents as well as needed recommendations for reform.14 This chapter adopts those findings and recommendations in whole, especially the finding that USSS’s dual-mission structure detracts from the agency’s protective capabilities. At the time of that report, USSS agents spent only one-third of their work hours on protection-related activities as opposed to investigative activities. USSS was established initially to investigate counterfeit currency, but its mission has evolved over the decades to prioritize electronic financial crimes. For example, as this chap- ter was being written, all 15 of the USSS’s most wanted individuals were wanted for financial crimes, many of them international in nature. Notably, the last head of the agency left not for a protection-related job, but to be the Chief Security Officer of social media company SnapChat. This is a pattern that has developed over the years, with agents seeking to burnish their online financial crimes credentials to secure corporate security jobs. Coupled with some of the lowest morale in the federal government, the agency has completely lost sight of the primacy of its protective mission. New Policies USSS should transfer to the Department of Justice and Department of the Treasury all investigations that are not related to its protective function. It should begin the logistical operation of closing all field offices throughout the country and internationally to the extent they are not taken over by Treasury or Justice. USSS agents stationed outside of Washington, D.C., should be transferred to work in Immigration and Customs Enforcement field offices where they would continue to be the “boots on the ground” to follow up on threat reports throughout the country and liaise with local law enforcement for visits by protectees. — 158 — Mandate for Leadership: The Conservative Promise The only investigations not related to USSS’s protective function that agents should pursue would be directed by HSI and relate to tracking the financial crimes associated with illegal immigration. This should include tracing remittances, any funds that are used to pay coyotes or the cartels, and payments by businesses to illegal aliens and all other crimes associated with illegal immigration. USSS should keep visitor logs for all facilities where the President works or resides. The Biden Administration has evaded such transparency with President Biden spending a historic amount of time for a President at his Delaware residence. This has left the American people in the dark as to who is influencing the highest levels of their own government. Budget The suggested reforms would result in a significant USSS budget reduction, primarily because the agency would relinquish dozens of physical offices through- out the U.S. and internationally. Some amount of savings should be used to fix the personnel problems and for recruitment initiatives aimed at individuals who are inclined to join a protection-focused agency. Personnel As documented extensively in the above-referenced 2015 bipartisan congressio- nal report, low morale and high turnover are key drivers of USSS problems. With their mission focused on protection, agents would no longer spend the bulk of their time developing unrelated skillsets. Instead, USSS agents could hone their protection skills and pursue a protection career path in the agency rather than quickly leaving USSS for high-paying corporate security jobs. The Uniform Division (UD) of USSS requires a significant staffing increase. As documented in the bipartisan report, understaffing results in unpredictable and long hours, which in turn result in high turnover, which only compounds the problem. Another key issue is that UD officers lack the ability to enforce criminal laws outside the immediate vicinity of the White House. As the District of Columbia is a federal jurisdiction and currently is beholden to the trend of progressive pro- crime policies, UD officers should enforce all applicable laws. The result would be to allow UD officers to gain more law enforcement experience—an attractive credential that would improve morale. TRANSPORTATION SECURITY ADMINISTRATION (TSA) The TSA model is costly and unwisely makes TSA both the regulator and the regulated organization responsible for screening operations. As part of an effort to shrink federal bureaucracies and bring private-sector know-how to govern- ment programs, TSA is ripe for reform. The U.S. should look to the Canadian and

— 218 — Mandate for Leadership: The Conservative Promise NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER (NCSC) The Senate Select Committee on Intelligence (SSCI) has taken a keen inter- est in possibly updating the codified language underpinning much of the nation’s counterintelligence apparatus. “Spy vs. spy” threats continue to exist, but the rise of China and (to an extent) Russia’s machinations move beyond the governmental sphere to technological, economic, supply chain, cyber, academic, state, and local espionage threats at a level our country has never seen. The asymmetric threat includes cyber, nontraditional collection, and issues involving legitimate busi- nesses serving as collection platforms. Barring statutory changes that could occur before 2025, a future conserva- tive President should further empower and resource the IC by executive order or through suggested changes in the Counterintelligence Enhancement Act (CEA) of 2002.32 NCSC was given some authority for outreach efforts on behalf of the IC for counterintelligence education, insider threats, and broader U.S. government best practices, but there remain significant deltas between Title 50 and non–Title 50 entities’ protections. Primary operational elements should remain at the FBI and CIA, with the Bureau and NCSC collaborating on nongovernmental outreach. While there is no need to create a separate agency, a future President and DNI should amplify NCSC’s authorities and roles with respect to counterintelligence strategy, policy, outreach, and governance, including supporting necessary Joint Duty Assignments (JDA) for FBI and CIA personnel. At the same time, the FBI requires significant additional resources and legal authorities to fulfill its statu- tory role as the lead operational counterintelligence agency in dealing with the ever-growing threats posed by our adversaries. The CEA should be updated to include foreign espionage efforts aimed at universities. Corporate America, technology companies, research institutions, and academia must be willing, educated partners in this generational fight to protect our national security interests, economic interests, national sovereignty, and intellectual prop- erty as well as the broader rules-based order—all while avoiding the tendency to cave to the left-wing activists and investors who ignore the China threat and increasingly dominate the corporate world. Reinstitution of the National Security Higher Education Advisory Board and the National Security Business Alliance Council should be prioritized with leadership from the NCSC, the FBI, or a com- bination of both entities. When the CCP steals at least $400 billion–$600 billion in intellectual prop- erty each year, it is time to devote some strategic thinking to exactly how and to what degree counterintelligence efforts can help to protect America’s commercial endeavors. If Chinese strategic technology gains are happening almost entirely in transnational commercial space, for example, and the private sector is also gath- ering and analyzing some critical intelligence, these essential data points should assist in national-level counterintelligence efforts.

— 218 — Mandate for Leadership: The Conservative Promise NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER (NCSC) The Senate Select Committee on Intelligence (SSCI) has taken a keen inter- est in possibly updating the codified language underpinning much of the nation’s counterintelligence apparatus. “Spy vs. spy” threats continue to exist, but the rise of China and (to an extent) Russia’s machinations move beyond the governmental sphere to technological, economic, supply chain, cyber, academic, state, and local espionage threats at a level our country has never seen. The asymmetric threat includes cyber, nontraditional collection, and issues involving legitimate busi- nesses serving as collection platforms. Barring statutory changes that could occur before 2025, a future conserva- tive President should further empower and resource the IC by executive order or through suggested changes in the Counterintelligence Enhancement Act (CEA) of 2002.32 NCSC was given some authority for outreach efforts on behalf of the IC for counterintelligence education, insider threats, and broader U.S. government best practices, but there remain significant deltas between Title 50 and non–Title 50 entities’ protections. Primary operational elements should remain at the FBI and CIA, with the Bureau and NCSC collaborating on nongovernmental outreach. While there is no need to create a separate agency, a future President and DNI should amplify NCSC’s authorities and roles with respect to counterintelligence strategy, policy, outreach, and governance, including supporting necessary Joint Duty Assignments (JDA) for FBI and CIA personnel. At the same time, the FBI requires significant additional resources and legal authorities to fulfill its statu- tory role as the lead operational counterintelligence agency in dealing with the ever-growing threats posed by our adversaries. The CEA should be updated to include foreign espionage efforts aimed at universities. Corporate America, technology companies, research institutions, and academia must be willing, educated partners in this generational fight to protect our national security interests, economic interests, national sovereignty, and intellectual prop- erty as well as the broader rules-based order—all while avoiding the tendency to cave to the left-wing activists and investors who ignore the China threat and increasingly dominate the corporate world. Reinstitution of the National Security Higher Education Advisory Board and the National Security Business Alliance Council should be prioritized with leadership from the NCSC, the FBI, or a com- bination of both entities. When the CCP steals at least $400 billion–$600 billion in intellectual prop- erty each year, it is time to devote some strategic thinking to exactly how and to what degree counterintelligence efforts can help to protect America’s commercial endeavors. If Chinese strategic technology gains are happening almost entirely in transnational commercial space, for example, and the private sector is also gath- ering and analyzing some critical intelligence, these essential data points should assist in national-level counterintelligence efforts. — 219 — Intelligence Community The NCSC was created in the aftermath of 9/11 as the Terrorist Threat Integra- tion Center (TTIC), which later became the National Counterterrorism Center (NCTC) pursuant to President George W. Bush’s Executive Order 13354.33 The NCTC was an organization of approximately three dozen detainees from across the U.S. government with a mandate to integrate counterterrorism intelligence and missions, including terrorist screening. Eventually: In November 2014 the Director of National Intelligence (DNI) established NCSC by combining [the Office of the National Counterintelligence Executive] with the Center for Security Evaluation, the Special Security Center and the National Insider Threat Task Force, to effectively integrate and align counterintelligence and security mission areas under a single organizational construct. The Director of NCSC serves in support of the DNI’s role as Security Executive Agent (SecEA) to develop, implement, oversee and integrate personnel security initiatives throughout the U.S. Government.34 NCSC has added value in such areas as fusing cross-community intelligence for terrorism watchlisting purposes and improving information sharing while carrying roughly half of the overall cadre for the ODNI. An incoming Administration should focus NCTC on integrative tasks, many of which cannot be carried out elsewhere in the IC, but should not use personnel and resources for redundant analyses that duplicate the work of such other IC entities as the FBI and CIA. ADDITIONAL AREAS FOR REFORM Analytical Integrity. The “tradecraft” of intelligence analysis is mostly a col- lection of lessons learned over decades about what works and does not work in a profession whose high-stakes work is performed by thousands but that also bears little outside scrutiny and provides few metrics by which to gauge success or failure on a regular basis. These lessons have accumulated from: l The perceived misuse of intelligence by consumers as was the case with respect to war-related assessments in the Johnson and Bush Administrations; l Failures such as the failures to warn of the collapse of the Soviet Union and the specific threat of 9/11; l Successes in piecing together tactical and often technical puzzles such as estimates of Iranian nuclear program maturation; and l Strategic victories such as anticipating critical geopolitical developments that have been years in the making.