REQUEST FOR VIEWS - S. 1347 - ACCESS TO STATE AND LOCAL CRIMINAL RECORDS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP87B00858R000300430013-2
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
10
Document Creation Date:
December 22, 2016
Document Release Date:
January 14, 2011
Sequence Number:
13
Case Number:
Publication Date:
July 31, 1985
Content Type:
MEMO
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CIA-RDP87B00858R000300430013-2.pdf | 331.71 KB |
Body:
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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
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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
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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-
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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,
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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-
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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-
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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-
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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
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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
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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,
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