AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 1986 FOR INTELLIGENCE ACTIVITIES OF THE U.S. GOVERNMENT, THE INTELLIGENCE COMMUNITY STAFF, THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (CIARDS), AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01007R000400950008-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: September 26, 2011
• Sequence Number: 8
• Publication Date: September 11, 1985
• Content Type: REPORT

Approved For Release 2011/09/26: CIA-RDP87MO1007R000400950008-2
Calendar No. 287
99TH CONGRESS l
1st Session Jr
REPORT
jl 99-136
AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 1986 FOR INTELLI-
GENCE ACTIVITIES OF THE U.S. GOVERNMENT, THE INTELLIGENCE
COMMUNITY STAFF, THE CENTRAL INTELLIGENCE AGENCY RETIRE-
MENT AND DISABILITY SYSTEM (CIARDS) AND FOR OTHER PURPOSES
Mr. GOLDWATER, from the Committee on Armed Services, and on
behalf of Mr. ROTH, from the Committee on Governmental Af-
fairs, submitted the following
REPORT
[To accompany S. 1271]
The Committees on Armed Services and Governmental Affairs,
to which was referred the bill (S. 1271), authorizing appropriations
for fiscal year 1986 for intelligence activities of the U.S. Govern-
ment, the Intelligence Community Staff, the Central Intelligence
Agency Retirement and Disability System, and for other purposes,
having considered the same or portions thereof, reports favorably
thereon with amendment(s), and recommends that the bill (as
amended) do pass.
SEQUENTIAL REFERRAL OF S. 1271
The Select Committee on Intelligence reported S. 1271, the Intel-
ligence Authorization Act for fiscal year 1986, on June 11, 1985.
The legislation was jointly referred to the Committees on Armed
Services, Foreign Relations, Governmental Affairs, and the Judici-
ary. The Committee on Foreign Relations was restricted to the con-
sideration of section 604 and title VII; the Committee on Govern-
mental Affairs was restricted to the consideration of section 603;
and the Committee on the Judiciary was restricted to the consider-
ation of title V. The Committees on Armed Services and Govern-
mental Affairs have acted on the legislation and submit this joint
report. The Committees on Foreign Relations and the Judiciary
have taken no action on the legislation, and pursuant to the terms
of a unanimous consent agreement establishing the expiration of
the referral on September 11, 1985, should be discharged from fur-
ther consideration of the legislation of that date.
51-010 0
Approved For Release 2011/09/26: CIA-RDP87MO1007R000400950008-2
 Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2
ACTION OF THE COMMITTEE ON ARMED SERVICES
The Committee on Armed Services has carefully reviewed the
programs authorized by S. 1271 and reports the bill favorably with-
out amendment as to the programmatic elements of the bill as re-
ported by the Select Committee on Intelligence. The committee
has, however, adopted an amendment to the legislation dealing
with access to criminal history records for national security pur-
poses.
The committee has had a longstanding concern about the ade-
quacy of security practices in the Department of Defense. The
recent arrest and indictment of several members and ex-members
of the U.S. Armed Forces on espionage charges draws attention to
the urgent need to address inadequate security practices of the
Government.
The Permanent Subcommittee on Investigations of the Commit-
tee on Governmental Affairs held an extensive set of hearings into
the question of the procedures and practices for granting security
clearances by the Government. Those hearings disclosed a number
of glaring shortcomings and the committee has made a number of
recommendations.
One of the principal shortcomings discovered by this committee
and the Permanent Subcommittee on Investigations was that State
and local governments frequently did not make available criminal
history records of individuals who are under consideration for secu-
rity clearances. As a result, a person might be given a security
clearance without the knowledge that he or she was a convicted
felon. Obviously, this poses a grave risk that unreliable persons
will be granted access to highly classified information. Accordingly,
one of the recommendations made by the Permanent Subcommit-
tee on Investigations is that a Federal law be enacted which re-
quires State and local governments to provide criminal history
records to authorized Federal officials conducting background in-
vestigations of individuals who are under consideration for security
clearances.
Department of Defense witnesses raised this with the committee
in hearings on June 26, and urged that corrective legislation be
adopted.
For many years, local jurisdictions were quite forthcoming in
making this information available to Federal investigators from
the Defense Investigative Service [DIS], the Office of Personnel
Management [OPM], and the Central Intelligence Agency [CIA].
However, in recent years a disturbing trend has developed. Local
and State jurisdictions in increasing numbers are denying DIS,
OPM, and CIA agents access to criminal history records or permit-
ting access to records of convictions only-not records of arrests.
Other jurisdictions are severely limiting the number of requests
that can be made or delaying the process of these requests for a
considerable period of time. The net result is that this important
source of information is being seriously curtailed in many localities
throughout the country.
Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2
 Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2
For example, almost all of California refuses to cooperate with
OPM and only provides DIS with conviction records. In Florida, 26
cities, including Miami, do not respond to requests by OPM for
criminal history record information [CHRI]. The Metropolitan
Police Department in the District of Columbia refuses to give any
information beyond conviction data to either DIS or OPM.
This situation has far reaching and dangerous implications. Cur-
rently, the U.S. Government is unable to obtain State and local
criminal records on applicants for some of the most sensitive posi-
tions in the military and other Government agencies that are en-
trusted with our Nation's national security. The Permanent Sub-
committee on Investigations recent hearings showed the serious
nature of espionage as seen in the Christopher Boyce case at TRW,
the William Holden Bell case at Hughes, and the James Harper case
at Systems Control Technology.
To correct this problem, the committee adopted this amendment
which authorizes the Federal Government to obtain access to local
criminal justice records when conducting eligibility investigations
for (1) access to classified information, (2) assignment to or reten-
tion in sensitive national security duties, or (3) acceptance or reten-
tion in the armed services. Such a request is only permitted if the
person under investigation consents to it in writing. Moreover, the
criminal history record information obtained pursuant to this re-
quest would be afforded the same protections as provided by the
Privacy Act.
This inability to review criminal record histories is causing
severe delays in clearing employees for Federal work and contracts.
In addition, it is impairing the Government's ability to evaluate
the overall suitability of an individual for a sensitive position and,
thus, decreasing the Government's ability to meet its obligations
for maintaining and safeguarding classified information. Not sur-
prisingly, hostile intelligence services are not overly intimidated by
a government personnel security program like this where the pro-
verbial left hand of the Government does not know or is not al-
lowed to know what the right hand does.
The referral of S. 1271 to the Committee on Governmental Af-
fairs was restricted to section 603, which provides for an increase
in pay for the Director of Central Intelligence from Level II to
Level I of the Executive Schedule and for the Deputy Director of
Central Intelligence from Level III to Level II.
The Committee on Governmental Affairs approved an amend-
ment to delete section 603 from S. 1271. This would have the effect
of retaining the current pay levels.
On June 27, 1985, the Committee on Armed Services, a quorum
being present, approved the bill as amended and ordered it favor-
ably reported by voice vote.
Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2
 Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2
On July 29, 1985, the Committee on Governmental Affairs ap-
proved for reporting an amendment proposed by Senator Roth to
delete section 603. The vote was as follows:
YEAS NAYS
Mr. Roth Mr. Stevens
Mr. Mathias Mr. Cohen
Mr. Durenberger Mr. Eagleton
Mr. Rudman
Mr. Cochran
Mr. Chiles
Mr. Nunn
Mr. Levin
Mr. Glenn
Mr. Gore
In accordance with paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, the committees find no regulatory impact will
be incurred in implementing the provisions of this legislation.
The committees have complied with section 403 of the Congres-
sional Budget and Impoundment Control Act of 1974 to the extent
possible.
In the opinion of the committees, it is necessary to dispense with
the requirements of section 12 of rule XXVI of the Standing Rules
of the Senate in order to expedite the business of the Senate.
Approved For Release 2011/09/26: CIA-RDP87MOl007R000400950008-2