REQUEST FOR VIEWS - S. 1347 - ACCESS TO STATE AND LOCAL CRIMINAL RECORDS

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP87B00858R000300430013-2
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RIPPUB
Original Classification: 
K
Document Page Count: 
10
Document Creation Date: 
December 22, 2016
Document Release Date: 
January 14, 2011
Sequence Number: 
13
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Publication Date: 
July 31, 1985
Content Type: 
MEMO
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PDF icon CIA-RDP87B00858R000300430013-2.pdf331.71 KB
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Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 OLL 85-2193/2 31 July 1985 MEMORANDUM FOR: D/OS DDA C/ALD/OGC D/CP Legislation Division Office of Legislative Liaison SUBJECT: Request 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 Senator Roth on behalf of the Agency from the Director, Office of Legislative Liaison. 2. You will recall that earlier the Agency's views on this legislation were solicited by a staff member of the Senate Armed Services Committee and the Agency responded that it favored such legislation. On the basis of that response, we understand 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 Eill 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 STAT Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Agency's views by 12 August, we ask to receive your views by 6 August 1985. 4. Your prompt cooperation is most appreciated. Attachment as stated Distribution: Original - Addressees w/atts 1 - D/OLL if 1 - DD/OLL 1 - OLL Chrono - Leg/Sub - Misc. Pers. and-EEO I - PS Signer " LEG/OL (2 August 1985) STAT 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 1ST SESSION 5.1347 To provide access to criminal history record information for national securitN purposes for the Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency. IN THE SENATE OF THE UNITED STATES JUNE 25 (legislative day, JUNE 3), 1985 Mr. NUNN (for himself, Mr. ROTH. Mr. CHILES, 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 Personnel Management, or the Central Intelli- gence Agency. 1 Be it enacted by the Senate and House of Representa- 2 fives of the United States of America in Congress assembled, 3 SHORT TITLE 4 SECTION 1. This Act may be cited as the "Security 5 Clearance Information Act of 1985". 6 CONGRESSIONAL FINDINGS AND POLICIES 7 SEC. 2. The Congress finds- Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 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 ') 1 (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 Personnel Management, Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 L. Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 3 1 or the Central Intelligence Agency for use in investiga- 2 tions of individuals for the purpose of determining eligi- 3 bility for access to classified information, assignment to 4 or retention in sensitive national security duties, or 5 acceptance or retention in the armed services. Y 6 SEc. 3. Chapter 31 of title 10, United States Code, is 7 amended by striking out section 520a and substituting the 8 following: 9 "? 520a. Criminal history record information for national 10 security purposes 11 "(a) As used in this chapter: 12 "(1) The term `criminal justice agency' includes 13 Federal, State, and local agencies and means: (A) 14 courts or (B) Government agency or any subunit 15 thereof which performs the administration of criminal 16 justice pursuant to a statute or Executive order, and 17 which allocates a substantial part of its annual budget 18 to the administration of criminal justice. 19 "(2) The term `criminal history record informa- 20 tion' means information collected by criminal justice 21 agencies on individuals consisting of identifiable de- 22 scriptions and notations of arrests, detentions, indict- 23 ments, information, or other formal criminal charges, 24 and any disposition arising therefrom, sentencing, cor- 25 rection supervision, and release. The term does not in- Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 4 1 elude 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. 5 "(3) The term `classified information' means infor- 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- Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 5 1 sonnet Management, or the Central Intelligence Agency for 2 the purpose of determining eligibility for (A) access to classi- 3 fied information, (B) assignment to or retention in sensitive 4 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 7 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 any 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 v-idual under investigation for the release of such information 17 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 SEC. 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- Sanitized 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 2 subsection (b) of section 520a of title 10, United States Code, 3 as added by this Act. 4 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. 0 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 WNAA V ROTA A. Dt.AWAOL EaIMIefAN A Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 fit E3 MNL AJSRA TNOYAS jTON MI SOU" CNARUS MCC MATH AS JR_ YARMIAND EATYTDh l FLORIDA VAU AY S COHEu WINE ~Y NUN' .ECNIGIA DAM DUIttNLENGER SEINNESOTA CAR, IIVEh ONTO El VI N Yl:NIGAN MIA COC RUDYAIS M[W NAY-fNRIE AVERT am J. TENNESSEE fNAD COC HMh, ggiltf lr-I i11tf.~ $tatcs ~C11AtC JOHN Y OUNCAN ?TAFT DIRECTOR WRGARR - CRENSNAN MINORT' STATF DIIIE000 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 measure. 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 paperwork and regulatory burdens which might result from the passage 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 correspondencg to the attention of Gretta Graham, Committee on Governmental Affairs (224- 4751). Thank you for your participation in this effort. WVR/jm Q5- 2973 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2 Central Intelligence Agency The Honorable William V. Roth, Jr. Chairman Committee on Governmental Affairs United States Senate Washington, D.C. 20510 I an 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 DRaFr, Sanitized Copy Approved for Release 2011/01/14: CIA-RDP87B00858R000300430013-2