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Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 LEG /20h eS OLL &5-2193/2 31 July 1985 - ¢ MEMORANDUM FOR: D/OS DDA C/ALD/OGC D/CP FROM: STAT Lecislation Division Office of Legislative Liaison SUBJECT: ‘Reguest for Views - S. 1347 - Access to State and Local Criminal Records 1. Attached for your review and comment, please find a copy of: S. 1347; a letter from Senator Roth, Chairman of the Senate Governmental Operations Committee requesting the Agency's view on S. 1347; and, a copy of a draft response to Senetor Roth on behalf of the Agency from the Director, Office of Legislative Liaison. 2. You will recell that earlier the Agency's views on this legislation were solicited by a staff member of the Senate Armea Services Committee and the Agency responded that it favored such legislation. On the basis of that response, we understana that the provisions of S. 1347 will be added to S. 1281, the Intelligence Authorization Act for Fiscal Year 1986, by the Senate Armed Services which currently has that Bill before it on referral. Nevertheless, the Agency must respond to Senator Roth's request for views as the Bill is properly before his Committee. We do anticipate, however, that the legislation will see floor action via the Intelligence Authorization Act route and not via Senator Roth's Committee. 3. As the Agency's views letter will have to be cleared by the Office of Management and Budget prior to its transmission to Senator Roth, and the Senator has asked to receive the Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R00030043001 3-2 Agency's views by 12 August, we ask to receive your views by 6 August 1985. 4. Your prompt cooperation if most appreciated. STAT Attachment as stated Distribution: Original - Addressees w/atts 1 - D/OLL iW 1 - DD/OLL " 1 - OLL Chrono . , Xx ~ beg/Sub - Misc. Pers. and EEO a 1 - PS Signer i LEG/OLL (2 August 1985) STAT Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 99TH CONGRESS ist SESSION ‘ ] 347 To provide access to criminal history record information for national security purposes for the Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency. S IN THE SENATE OF THE UNITED STATES JUNE 25 (legislative dav, JUNE 3), 1985 Mr. Nunn (for himself, Mr. RotH, Mr. Cures, Mr. Gore. and Mr. SteveNs) introduced the following bill: which was read twice and referred to the Com- mittee on Governmental Affairs A BILL To provide access to criminal history record information for national security purposes for the Department of Defense, the Office of Personne] Management, or the Central Intelli- gence Agency. 1 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the ‘Security Clearance Information Act of 1985”’, Oo Oo Fe Ww Pr CONGRESSIONAL FINDINGS AND POLICIES 1 Sec. 2. The Congress finds— Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP8/7B00858R000300430013-2 "’Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 ~ 2 1 (1) that under the Constitution, Congress has the 2 responsibility and power to provide for the common de- 3 fense and security of our Nation; 4 (2) that the interests of national security require : 5 that the Department of Defense, the Office of Person- | ? 6 nel Management, or the Central Intelligence Agency _ 7 conduct investigations of individuals for the purpose of 8 determining eligibility for access to classified informa- 9 tion, assignment to or retention in sensitive national 10 security duties, or acceptance or retention in the armed 11 services; 12 (3) that the interests of national security require 13 that the Department of Defense, the Office of Person- 14 nel Management, or the Central Intelligence Agency 15 have access to criminal history record information 16 when conducting investigations of individuals for the 17 purpose of determining eligibility for access to classified 18 information, assignment to or retention in sensitive na- 19 tional security duties, or acceptance or retention in the 20 armed services; and ra (4) that the interests of national security have 22 been adversely affected by the reluctance and refusal of 23 many State and local criminal justice agencies to pro- 24 vide criminal history record information to the Depart- 25 ment of Defense, the Office of Personne! Management, S 1347 1S Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 & D> Oo & Ww Pw Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 3 or the Central Intelligence Agency for use in investiga- tions of individuals for the purpose of determining eligi- bility for access to classified information, assignment to or retention in sensitive national security duties, or acceptance or retention in the armed services. ¢ Sec. 3. Chapter 31 of title 10, United States Code, is amended by striking out section 520a and substituting the following: “8 520a. Criminal history record information for national security) purposes ““(a) As used in this chapter: “(1) The term ‘criminal justice agency’ includes Federal, State, and local agencies and means: (A) courts or (B) Government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. “(2) The term ‘criminal history record informa- tion’ means information collected by criminal justice agencies on individuals consisting of identifiable de- scriptions and notations of arrests, detentions, indict- ments, information, or other formal criminal charges, and any disposition arising therefrom, sentencing, cor- rection supervision, and release. The term does not in- S 1347 IS ees SANitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 4 1 clude identification information such as_ fingerprint 2 records to the extent that such information does not 3 indicate involvement of the individual in the criminal 4 justice system. ) (3) The term ‘classified information’ means infor- 7 ’ 6 mation or material designated pursuant to the provi-. 7 sions of a statute or Executive order as requiring pro- 8 tection against unauthorized disclosure for reasons of 9 national security. 10 ‘“(4) The term ‘State’ means any of the several 11 States, the District of Columbia, the Commonwealth of 12 Puerto Rico, the Northern Mariana Islands, Guam, the 13 Virgin Islands, American Samoa, the Trust Territory 14 of the Pacific Islands, and any other territory or pos- 15 session of the United States. 16 ‘“(5) The term ‘local’ and ‘locality’ means any 17 local government authority or agency or component 18 thereof within a State having jurisdiction over matters 19 at a county, municipal, or other local government 20 level. 21 ‘(b)(1) Upon request by the Department of Defense, the 22 Office of Personnel Management, or the Central Intelligence 23 Agency criminal justice agencies shall make available crimi- 24 nal history record information regarding individuals under in- 25 vestigation by the Department of Defense, the Office of Per- § 1347 1S Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Sn a eel Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 5 1 sonnel Management, or the Central Intelligence Agency for the purpose of determining eligibility for (A) access to classi- fied information, (B) assignment to or retention in sensitive m cc ND national security duties, or (C) acceptance or retention in the 5 armed services. Fees charged for providing criminal history ’ 6 record information pursuant to this subsection shall not exceed those charged to other government agencies for such 8 information. 9 “(2) This subsection shall apply notwithstanding any 10 other provision of law or regulation of anv State or of any 11 locality within a State, or any other law of the United States. 12 ‘“(c) The Department of Defense, the Office of Personnel 13 Management, or the Central Intelligence Agency shall not 14 obtain criminal] history record information pursuant to this 15 section unless it has received written consent from the indi- 16 vidual under investigation for the release of such information 1% for one or more of the purposes set forth in subsection (b). 18 “(d) Criminal history record information received under 19 this section shall not be disclosed except for the purposes set 20 forth in subsection (b) or as provided by section 552a of title 21 5, United States Code.”’. 22 Src. 4. The amendments made by this Act shall become 23 effective with respect to any inquiry which begins after the 24 date of enactment of this Act conducted by the Department 25 of Defense, the Office of Personnel Management, or the Cen- S 1347 IS wee oanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 « Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 6 1 tral Intelligence Agency for any of the purposes specified in subsection (b) of section 520a of title 10, United States Code, as added by this Act. mem Cw bo Sec. 5. The amendments made by this Act are made 5 pursuant to the powers vested in Congress as found in sec- 6 tion 8 of article I of the United States Constitution. O S$ 1347 1S Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 moceamerm es MESH ited States Senate Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 WILLIAM Y ROTH dn. DELAWARL CHUAN : 4 TED STEVENS A.ASKA TwoMas TON MISBOUM CHARLES MCC MATHIAS Ju MARYLAND = LAWTON. ==. FLORIDA WULIAM & COnEn MAINE Loy arpa wag DAVIO DURENBERGER MINNESOTA rari hrelalare con JOHN Mt DUNCAN STAFF DIRECTOR MARGARET P CRENSHAW SIINORITY STAFF DIRECTOR COMMITTEE ON GOVERNMENTAL AFFAIRS WASHINGTON, DC 20510 July 12, 1985 The Honorable William J. Casey Director Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Casey: The enclosed copy of a bill which has been referred to the Committee on Governmental Affairs is sent for your review and comment. Your views concerning the provisions of this bill and recommendations for possible Committee action would assist us in our study of the messure. In addition, Senate rules require each Committee to estimate the regulatory and paperwork impact of any legislation it reports. To assist the Committee in complying with this requirement, we would appreciate receiving your Agency's assessment of the possible peperwork and regulatory burdens which might result from the pessage of the enclosed legislation. We would greatly appreciate your providing us with your response within the next 30 days so that we might have it in time for Committee action. Please address all correspondence to the attention of Gretta Graham, Committee on Governmental Affairs (224- 4751). Thank you for your participation in this effort. Sincere Willi Bs th, 7 A Chairman WVR/ jm Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2 Central da Agency D R A F ry The Honorable William V. Roth, Jr. Chairman Committee on Governmental Affairs United States Senate Washington, D.C. 20510 Dear Chairman Roth: I am most pleased to be able to respond to your letter requesting comments on S. 1347, a bill to provide access by the Department of Defense, the Office of Personnel Management and the Central Intelligence Agency to state and local criminal history record information for national security purposes. The Agency supports this legislation. Currently, state and local laws governing access to criminal history record information often hinder background investigations of persons seeking employment with the United States Government in positions requiring access to sensitive national security information. By removing those barriers, this legislation would enhance our ability to conduct the sort of thorough background investigation necessary to arrive at a reasonable judgment about an individual's trustworthiness. In these times when the United States faces renewed threats of espionage, we believe this legislation would be a valuable weapon against such threats. On behalf of the Agency, I therefore commend it to the Committee on Governmental Affairs for favorable consideration . The Office of Management and Budget has advised that this report is consistent with the President's legislative program. Sincerely, Charles A. Briggs Director, Office of Legislative Liaison Sanitized Copy Approved for Release 2011/01/14 : CIA-RDP87B00858R000300430013-2