H.R. 3626

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP88G01332R001100110021-5
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RIPPUB
Original Classification: 
K
Document Page Count: 
23
Document Creation Date: 
December 27, 2016
Document Release Date: 
December 23, 2011
Sequence Number: 
21
Case Number: 
Publication Date: 
January 13, 1986
Content Type: 
MEMO
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PDF icon CIA-RDP88G01332R001100110021-5.pdf907.1 KB
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Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 , Date ROUTING AND TRANSMITTAL SUP 14 JAN 1986 TIN Mame. (Ace symbol, room number, WW1& A(encl/Post) 1 .J?..?g Initials if 2. 1. & 1.5 afre 4. 5. Actioi File Note and Return Approval For Clearance Per Conversation As Requested i ? For Correction Prepare Reply Circulate . For Your Infosmation See Me Comment Investigate Signature Coordination Justify KS C/SEOCM HAS ACTION WITH A OOPY '10 DA/OS. DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions FROM: (Name, or& symbol, Agency/Post) Room No?Bldg. Phone No. 1041-102 OPTIONAL FORM 41 (Rev. 7-76) GSA .uSG.P.0-1983421-529/320 Ma (41 Cift) 101-11.201 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 EXECUTIVE SECRETARIAT ROUTING SUP TO: ACTION INFO DATE INITIAL 1 DCI X 2 DDCI X 3 EXDIR 4 D/ICS 5 DDI DA X ...-D:o 7 DDO 8 DDS&T 9 Chm/NIC 10 GC 11 IG 12 Compt 13 D/OLL x 14 D/PAO 15 D/PERS 16 VC/NIC 17 D/Security X 18 C/SECOM X 19 20 21 22 SUSPENSE 22 Jan 86 Dote Remarks Excidutive Secretary 13 Jan 86 Dote 3637 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 The Director of Central Intel VVashIngton, D. C. 20505 Igence Executive Registry 1 86- 0132x/1 13 January 1986 MEMORANDUM FOR: Chairman, SECOM FROM: DCI SUBJECT: H.R. 3626 Will you you draft a response to this note which I can send to Congressman Wortley who is the sponsor of the bill and his Chief of Staff who is my nephew. William J. Casey Attachment: Note from Lawrence Casey w/attachments (H.R. 3626, etc.) Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 /7; 1 2 DEC 1985 Lawrence W. Casey Chief of Staff George C. Wortley 229 Cannon HOB Member of Congress Washington, D.C. 20515 27th District, New York (202) 225-3701 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R00110011002.,1-5 ?99TH CONGRESS H. R. 3626 1ST SESSION To establish the National Commission on Classified Information and Security Clearance Procedures. IN THE HOUSE OF REPRESENTATIVES OCTOBER 24, 1985 Mr. WORTLEY (for himself, Mr. BOEHLERT, Mr. EMERSON, Mr. FISH, Mr. GALLO, Mr. GARCIA, Mr. GILMAN, Mr. LAGOMARSINO, MT. LEWIS Of Cali- fornia, Mr. MCCANDLESS, Mr. MOLINARI, Mr. NIELSON Of Utah, MT. RUDD, and Mr. DENNY SMITH) introduced the following bill; which was referred jointly to the Committees on Government Operations and the Permanent Select Committee on Intelligence A BILL To establish the National Commission on Classified Information and Security Clearance Procedures. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "National Commission on 5 Classified Information and Security Clearance Procedures". 6 SEC. 2. ESTABLISHMENT. 7 (a) ESTABLISHMENT.?There is established a commis- 8 sion to be known as the National Commission on Classified Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 1" Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 1 2 1 Information and Security Clearance Procedures (hereinafter 2 in this Act referred to as the "Commission"). 3 (b) FEDERAL ADVISORY COMMITTEE ACT.?The pro- 4 visions of the Federal Advisory Committee Act shall not 5 apply to the Commission. 6 SEC. 3. DUTIES OF COMMISSION. 7 (a) INVESTIGATION.?The Commission shall investi- 8 gate- 9 (1) the standards and procedures used by each 10 Federal authority to issue security clearances and to 11 classify information; 12 (2) the procedures used by each Federal authority 13 to ensure that all persons to whom a security clearance 14 has been issued continue to meet the standards 15 required for such clearance; 16 (3) the extent to which current standards and pro- 17 cedures for classifying information cause more informa- 18 tion to be classified than is required by the national 19 security; and 20 (4) the dangers posed to the national security by 21 the growth in the number of persons holding security 22 clearances. 23 (b) RECOMMENDATIONS.?The Commission shall make 24 the following recommendations: OR 3626 IH Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 3 1 (1) It 'shall recommend to each branch of the Fed- 2 eral Government uniform standards and procedures for 3 issuing all security clearances. Such standards and pro- 4 cedures shall be designed to ensure that neither the 5 number of security clearance holders nor the qualifica- 6 tions for holding a security clearance will threaten the 7 national security. 8 (2) It shall recommend to each branch of the Fed- 9 eral Government a uniform procedure for ensuring that 10 any person holding a security clearance continues to 11 meet the standards required for such clearance. 12 (3) It shall recommend to each branch of the Fed- 13 eral Government uniform standards and procedures for 14 classifying documents. Such standards and procedures 15 shall be designed to prevent classifying documents 16 whose classification is not necessary to the national 17 security and to prevent the needless duplication of doe- 18 uments which do warrant a security classification. 19 SEC. 4. MEMBERSHIP. 20 (a) NUMBER AND APPOINTMENT.?The Commission 21 shall be composed of 17 members as follows: 22 (1) The Chief Justice of the Supreme Court of the 23 United States. 24 (2) 4 Members of the House of Representatives, 2 25 to be appointed by the Speaker of the House of Repre- OR 3626 III Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 4 1 sentatives and 2 to be appointed by the minority leader 2 of the House of Representative. 3 (3) 4 Members of the Senate, 2 to be appointed by 4 the majority leader of the Senate and 2 to be appointed 5 by the minority leader of the Senate. 6 (4) 8 individuals appointed by the President from 7 persons whose education, training, or experience spe- 8 cially qualify them to serve on the Commission. Not 9 more than 4 members appointed under this paragraph 10 may be of the same political party. 11 A vacancy in the Commission shall be filled in the manner in 12 which the original appointment was made. 13 (b) SECURITY CLEARANCES.?No one may be appoint- 14 ed to the Commission who does not hold the security clear- 15 ance necessary to carry out the duties of the Commission as 16 set out in section 3. 17 (C) CONTINUATION OF MEMBERSHIP.?If any member 18 of the Commission who was appointed to the Commission as 19 the Chief Justice of the Supreme Court of the United States 20 or as a Member of the Congress leaves such office, he may 21 continue as a member of the Commission for not longer than 22 the 30-day period beginning on the date he leaves such office. 23 (d) TERMS.?Members shall be appointed for the life of 24 the Commission. 0111 3626 111 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 5 1 (e) BASIC PAY.?Members of the Commission shall 2 serve without pay. 3 (f) QUORUM.-9 members of the Commission shall con- 4 stitute a quorum. 5 (h) CHAIRMAN.?The Chairman of the Commission 6 shall be the Chief Justice of the Supreme Court of the United 7 States. The Vice Chairman of the Commission shall be elect- 8 ed by the members of the Commission. The term of office of 9 the Chairman and Vice Chairman shall be for the life of the 10 Commission. 11 (i) MEETINGS.?The Commission shall meet at the call 12 of the Chairman or Vice Chairman. 13 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 14 (a) DIRECTOR.?The Commission shall have a Director 15 who shall be appointed by the Commission. 16 (b) STAFF.?The Commission may appoint such addi- 17 tional personnel as it considers appropriate. 18 (C) APPLICABILITY OF CERTAIN CIVIL SERVICE 19 LAWS.?The Director and staff of the Commission may be 20 appointed without regard to the provisions of title 5, United 21 States Code, governing appointments in the competitive serv- 22 ice, and may be paid without regard to the provisions of 23 chapter 51 and subchapter III of chapter 53 of such title 24 relating to classification and General Schedule pay rates, 25 except that no individual so appointed may receive pay in MIR 306 IR Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23 : CIA-RDP88G01332R001100110021-5 6 1 excess of the annual rate of basic pay payable for GS-18 of 2 the General Schedule. 3 (d) EXPERTS AND CONSULTANTS.?The Commission 4 may procure temporary and intermittent services under sec- 5 tion 3109(b) of title 5 of the United States Code, but at rates 6 for individuals not to exceed the daily equivalent of the 7 annual rate of pay payable for GS-18 of the General Sched- 8 ule. 9 (e) STAFF OF FEDERAL AGENCIES.?Upon request of 10 the Commission, the head of any Federal agency is author- 11 ized to detail, on a reimbursable basis, any of the personnel of 12 such agency to the Commission to assist the Commission in 13 carrying out its duties under this Act. 14 (f) SECURITY CLEARANCES.?No one shall serve as the 15 Director, or on the staff, of the Commission who does not 16 hold the security clearance necessary to perform the duties of 17 his position. 18 SEC. 6. POWERS OF COMMISSION. 19 (a) HEARINGS AND SESSIONS.?The Commission may, 20 for the purpose of carrying out section 3 of this Act, hold 21 such hearings, sit and act at such times and places, take such 22 testimony, and receive such evidence, as the Commission 23 considers appropriate. The Commission may administer oaths 24 or affirmations to witnesses appearing before it. ?1111 3626 III npclassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 7 1 (b) PUBLIC ACCESS TO COMMISSION MEETINGS AND 2 HEARINGS.?Notwithstanding section 552b of title 5, United 3 States Code, a Commission meeting or hearing may be closed 4 to the public when the Commission, in open session and with 5 a majority present, determines by rollcall vote that all or part 6 of the remainder of the meeting or hearing on that day shall 7 be closed to the public because disclosure of testimony, evi- 8 dence, or other matters to be considered would endanger the 9 national security. 10 (C) POWERS OF MEMBERS AND AGENTS.?Any 11 member or agent of the Commission may, if so authorized by 12 the Commission, take any action which the Commission is 13 authorized to take by this section. 14 (d) OBTAINING OFFICIAL DATA.?The Commission 15 may secure directly from any department or agency of the 16 United States information necessary to enable it to carry out 17 this Act. Upon request of the Chairman or Vice Chairman of 18 the Commission, the head of such department or agency shall 19 furnish such information to the Commission. 20 (e) GIFTS.?The Commission may accept, use, and dis- 21 pose of gifts or donations of services or property. 22 (f) MAILs.?The Commission may use the United States 23 mails in the same manner and under the same conditions as 24 other departments and agencies of the United States. .HR 3626 111 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 r-- ------ --- Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 t 8 1 (g) ADMINISTRATIVE SUPPORT SERVICES.?The Ad- 2 ministrator of General Services shall provide to the Commis- sion on a reimbursable basis such administrative support 4 services as the Commission may request. 5 (h) SUBPOENA POWER.- 6 (1) The Commission may issue subpoenas requir- 7 ing the attendance and testimony of witnesses and the 8 production of any evidence that relates to any matter 9 which the Commission is empowered to investigate by 10 section 3. Such attendance of witnesses and the pro- 11 duction of such evidence may be required from any 12 place within the United States. 13 (2) If a person issued a subpoena under paragraph 14 (1) refuses to obey such subpoena or is guilty of contu- 15 macy, any court of the United States within the judi- 16 cial district within which the hearing is conducted or 17 within the judicial district within which such person is 18 found or resides or transacts business may (upon appli- 19 cation by the Commission) order such person to appear 20 before the Commission to produce evidence or to give 21 testimony relating to the matter under investigation. 22 Any failure to obey such order of the court may be 23 punished by such court as a contempt thereof. 24 (3) The subpoenas of the Commission shall be 25 served in the manner provided for subpoenas issued by Declassified in Part - Sanitized Copy -APP-r7Ovrned for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 9 1 a United States district court under the Federal Rules 2 of Civil Procedure for the United States district courts. 3 (4) All process of any court to which application 4 may be made under this section may be served in the 5 judicial district in which the person required to be 6 served resides or may be found. 7 (i) IMMITNITY.?No person shall be excused from at- 8 tending and testifying or from producing books, records, cor- 9 respondence, documents, or other evidence in obedience to a 10 subpoena, on the ground that the testimony or evidence re- 11 quired of him may tend to incriminate him or subject him to a 12 penalty or forfeiture; but no individual shall be prosecuted or 13 subjected to any penalty or forfeiture by reason of any trans- 14 action, matter, or thing concerning which he is compelled, 15 after having claimed his privilege against self-incrimination, 16 to testify or produce evidence, except that such individual so 17 testifying shall not be exempt from prosecution and punish- 18 ment for perjury committed in so testifying. 19 SEC. 7. REPORT. 20 The Commission shall transmit a final report to the 21 President, to each House of the Congress, and to the Su- 22 preme Court of the United States not later than one year 23 after appropriations are first made for the Commission. The 24 final report shall contain a detailed statement of the findings OAR 3626 1H Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 10 1 and conclusions of the Commission, together with whatever 2 recommendations it makes pursuant to section 3. 3 SEC. 8. PUBLIC ACCESS TO COMMISSION DOCUMENTS. 4 Notwithstanding section 552(a) of title 5, United States 5 Code, the records, reports, transcripts, minutes, appendixes, 6 working papers, drafts, studies, agenda, or other documents 7 which were made available to or prepared for or by the Corn- 8 mission may be withheld from public inspection when the 9 Commission, in open session and with a majority present, 10 determines by rollcall vote that disclosure of such documents 11 would endanger the national security. 12 SEC. 9. TERMINATION. 13 The Commission shall cease to exist 30 days after sub- 14 mitting its final report pursuant to section 7. 0 *KR 3626 HI Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 DECEMBER 11, 1985 CURRENT COSPONSORS H.R. 3626, NATIONAL COMISSION ON CLASSIFIED IkFORMATION AND SECURITY CLEARANCE PROCEDURES Hon. Robert Badham Hon. Joe Barton Hon. Mario Biaggi (D) Hon. Tom Bliley Hon. Sherwood Boehlert Hon. John Bryant (D) Hon. Dan Burton Hon. Gene Chappie Hon. William Clinger Hon. Dan Daniel (D) Hon. Joe DioGuardi Hon. Brian Donnelly (D) Hon. Bill Emerson Hon. Hamilton Fish Hon. Webb Franklin Hon. Dean Gallo Hon. Robert Garcia (D) Hon. Fen Gilman Hon. Newt Gingrich Hon. Ken Gray (D) Hon. Judd Gregg Von. John Grotberg Hon. Frank Horton Hon. Bill Hughes (D) Hon. Duncan Hunter Hon. Earl Hutto (D) Hon. Jack Kemp non. Gerald Kleczka (D) Hon. Joe Kolter (D) Hon. Bob Lagomarsino Hon. Norman Lent Hon. Jerry Lewis Hon. Tom Lewis Hon. Bob Livingston Hon. Trent Lott Hon. Al McCandless Hon. Bill McCollum Hon. Ray McGrath Hon. Clarence Miller Hon. Guy Molinari Hon. Stephen Neal (D) Hon. Howard Nielson Hon. Ron Packard Hon. John Porter Hon. Harry Reid (D) Hon. Marge Roukema Hon. Eldon Rudd Hon. Fernand St Germain (D) Hon. Denny Smith Hon. Hon. Hon. Hon. Hon. Hon. Gerald Solomon Don Sundquist Tom Tauke Lindsay Thomas (D) Tim Valentine (D) Bill Young Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part-Sanitized Copy Approved forRelease2011/12/23 CIA-RDP88G01332R001100110021-5 GEORGE C. WORTLEY 2211 C.I.c1 2...c w.....cto, DC 70111 171H DISTRICT, KA, '05'12021 223-3701 COMMITTEES, BANKING. FINANCE AND URBAN AFFAIRS SUBCOMPAITTEES: FINANCIAL INSTITUTIONS SUPERViSION, REGUIATION AND INSURANCE ECONOMIC STABILIZATION HOUSING AND COMMUNITY DEVELOPMENT OVERSIGHT AND RENEGOTIATION SELECT COMMITTEE ON AGING TASK FORCE ON WOMEN AND SOCIAL SECURITY STANDARDS OF OFFICIAL CONDUCT October 11, 1985 Dear Colleague: Congress of th Unitd etats town of Represtntottes Vashington, DC 20515 NATIONAL COMMISSION ON CLASSIFIED INFORMATION AND SECURITY CLEARANCES 0.11MCTOM.CM 1203 Flea.' Bu.kome S.m.cum NY 13210 (315)123-M7 2111 G C140-TI....40, NY 13037 (3)5) 1574027 It's painfully clear that Federal agencies are having problems protecting sensitive security information. Procedures for classifying security information and materials, and issuing security clearances vary among government entities. More than 53 percent of the Federal work Zorce (not including employees in such highly sensitive agencies such as the CIA and National Security Agency) have some level of security clearance. It's es*:imated that more than 4 million Americans, federal workers and private sEctor citizens, hold clearances.. A comprehensive review of classification and security clearance procedures is in order. The seriousness and complexity of the problem require the establishment of a National Commission on Classified Information and Security Clearances. The commission would make a thorough investigation of the problem in all branches and at all levels of Federal government and report to Congress on its findings and recommendations. This would allow us to deal with this problem in a responsible, comprehensive manner, rather than as erratic, after-the-fact responses to breaches of security. I plan to introduce legislation on October 22 to establish the National Commission on Classified Information and Security Clearances. Congressmen Emerson, Fish, Garcia, Gilman, Lagomarsino, Lewis (CA), McCandless, Molinari and Rudd have joined me as cosponsors. If you wish to be an original cosponsor; please notify me or have your staff contact Larry Casey or Carmel Fisk at X53701 before close of business October 21. A summary of my proposal's provisions is printed on the reverse side of this letter. Sincerely, George C. Wortley Membet of Congress Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 . Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 National Commission on Classified Information and Security Clearances SUMMARY OF LEGISLATIVE PROVISIONS Commission Membership: 17 members, including Chief Justice of the Supreme Court; 4 Members of the House, 2 to be appointed by the Speaker, 2 to be appointed by the Minority Leader; 4 Members of the Senate, 2 to be appointed by the Majority Leader and 2 by the Minority Leader, and 8 members appointed by-the President, not more than 4 of the same political party. The Chief Justice shall chair the Commission. The Vice Chairman shall be elected by Commission members. Commission's Investigative Duties: Determine standards and procedures used by each Federal authority to issue security clearances and to classify information; Investigate procedures to ensure that all persons who have been issued clearances continue to meet clearance standards; Determine if current standards and procedures for classifying information cause more information to be classified than national security requires; Identify dangers posed to national security by the growth in the numbers of persons holding security clearances. Recommendation Responsibilities: Recommend uniform standards and procedures for issuing security clearances; Recommend uniform procedure that ensures that any person holding a security clearance continues to maintain standards required for clearance; Recommend to each branch of the Federal government standards and procedures for classifying information and documents. Standards and procedures shall be designed to prevent classifying information and documents not sensitive to national security requirements. Commission Term: The Commission shall transmit its final report to the President, the Congress and the Supreme Court not later than 1 year after appropriations are first made for the Commission. The Commission shall cease to exist 30 days after submitting its final report. Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part- Sanitized Copy Approved forRelease2011/12/23 : CIA-RDP88G01332R001i0011062i--5 20: 226-3701 CCIAIlAiTTEES BANKING, FINANCE AND URBAN AFFAIRS SUBCOWAiTTFES FiN?NC?L INSTITUTIONS SUPERVISION REGULATION AND INSURANCE ICONOPAIC STAIDLIZATION NOUSING AND COMMUNITY DEVELOPIAEN1 OVERSIGHT AND RENEGOTIATION SELECT COMMITTEE ON AGING TASK FORCE ON WOMEN AND SOCIAL SECURITY STANDARDS OF OFFICIAL CONDUCT October 29, 1985 Dear Colleague: Congress of the Unitd ctats bone of Rtprtstntathms Washington, BC 20515 '269 't?Lf??, S???,...,1 NT '2260 2'S F22-6662 2F6 I,II S?Mi- 0-?^1,?*,.0 ':1,032 3,5 i87-6027 NATIONAL COMMISSION ON CLASSIFIED INFORMATION AND SECURITY CLEARANCE PROCEDURES I am writing once again to encourage your cosponsorship of H.R. 3626, to establish a National Commission on Classified Information and Security Clearance Procedures. -- In spite of progress under Executive Order 12356, which established the Information Security Oversight Office to monitor information classification programs in. the executive branch, "overclassification" remains a problem. -- Negligence and unclear guidelines in the handling of classified information often results in it being too easily accessed by too many people. -- According to findings of the Senate Permanent Subcommittee on Investigations, our current security clearance system cannot adequately ensure the continued integrity and reliability of the 4.2 million Americans who today hold security clearances. -- The workload of the Defense Investigative Service increased by 44% between 1973 and 1984, while total human resources during this same period of time were reduced by 15%. A lot of work and study have been devoted to improving our classifying and . security clearance systems, providing a sound base upon which the National Commission can build. The problem is that all of these various efforts need to be pulled together so that we can get a comprehensive view of how the systems actually work, how each affects the performance of the other, and what needs to be done to have a more coherent and dependable means of protecting our national security information from espionage. A summary of my proposal to establish a National Commission on Classified Information and Security Clearance Procedures is printed on the reverse side of this letter. If you would like to cosponsor H.R. 3626 or would like additional information, please contact me or have your staff contact Larry Casey or Carmel Fisk at x53701. George C. Portley /Member of Congress CURRENT COSPONSORS Barton Fish Lagomarsino Molinari Boehlert Gallo Lewis (CA) Nielson Clinger Garcia McCandless Rudd Emerson Gilman McGrath Denny Smith Declassified in Part - Sanitized 'Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 National Commission on Classified Information and Security Clearance Procedures SUMMARY OF LEGISLATIVE PROVISIONS Commission Membership: 17 members, including rhief Justice of the Supreme Court; 4 Members of the House, 2 to be appointed by the Speaker, 2 to be appointed by the Minority Leader; 4 Members of the Senate, 2 to be appointed by the Majority Leader and 2 by the Minority Leader, and 8 members appointed by the President, not more than 4 of the same political party. The Chief Justice shall chair the Commission. The Vice Chairman shall be elected by Commission members. Commission's Investigative Duties: Determine standards and procedures used by each Federal authority to issue security clearances and to classify information; Investigate procedures to ensure that all persons who have been issued clearances continue to meet clearance standards; Determine if current standards and procedures for classifying information cause more information to be classified than national security requires; Identify dangers posed to national security by the growth in the numbers of persons holding security clearances. Recommendation Responsibilities: Recommend uniform standards and procedures for issuing security clearances; Recommend uniform procedure that ensures that any person holding a security clearance continues to maintain standards required for clearance; Recommend to each branch of the Federal government standards and procedures for classifying information and documents. Standards and procedures shall be designed to prevent classifying information and documents not sensitive to national security requirements. Commission Term: The Commission shall transmit its final report to the President, the Congress and the Supreme Court not later than 1 year after appropriations are first made for the Commission. The Commission shall cease to exist 30 days after submitting its final report. Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 ? Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 27T11 DISTRICT. NEW YORK COLINITITEES: BANKING. FINANCE AND URBAN AFFAIRS SUBCOMMITTEES: FINANCIAL INSTITUTIONS SUPERVISION. REGULATION ANO INSuPUPACE ECONOMIC STABILIZATION HOUSING AND COMMUNITY DEVELOPMENT OVERSIGHT AND RENEGOTIATION SELECT COMMITTEE ON AGING TASK FORCE ON WOMEN AND SOCIAL SECURITY STANDARDS OF OFFICIAL CONDUCT November 13, 1985 Dear Colleague: Congros of thc lanitcd Stats 14ouoe of Iltpusentadus Vashington, DC 20515 H.R. 3626 NATIONAL COMMISSION ON CLASSIFIED INFORMATION AND SECURITY CLEARANCE PROCEDURES -cc 6 7 1202)225-3701 11111111?CT 1269 flot..t Bunome 3,114C141. NY 132110 13151423-5157 24$ G 37111(7 GNM11.1160. NY 13037 13161W-1027 The recent leak of classified information regarding the Libyan Government of Colonel Qadhafi is symptomatic of the weaknesses in current procedures for handling classified information and granting security clearance procedures. I am attaching a statement I made on the House floor regarding this incident and the need for a comprehensive review of our current systems to protect national secrets. The numerous incidents of security lapses of the past couple of years concern me very deeply. Consequently, I began to look into our current systems for protecting sensitive information to see what weaknesses may have contributed to these lapses. It soon became apparent that there were serious problems in the coordination, consistency, and enforcement of these systems. Limited improvements have been made, but the whole system needs an overhaul. To meet this need, I have introduced H.R. 3626, to establish a National Commission on Classified Information and Security Clearance Procedures. I encourage you to join me in this effort by cosponsoring this bill. If you would like to cosponsor H.R. 3626 or would like additional information, please contact me or have your staff contact Larry Casey or Carmel Fisk at x53701. Sincer y, Wortley Member ?f Congress CURRENT COSPONSORS Barton Gallo Lewis (CA) Nielson Boehlert Garcia McCandless Porter Clinger Gilman McGrath Rudd Emerson Gingrich Molinari Denny Smith Fish Lagomarsino Neal Valentine Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 Vol. 131 WASHINGTON, MONDAY, NOVEMBER 4, 1985 No. 150 Congressional 'Record LEAK OF ALLEGED CIA PLAN AGAINST COLONEL QADHAFI (Mr. WORTLEY asked and was given permission to address the House for 1 minute and to revise and extend his remarks.) Mr. WORTLEY. Mr. Speaker, ac- cording to press reports, someone has apparently violated the trust placed in them and leaked classified informa- tion and materials regarding a plan to destabilize the Libyan Government of Colonel Qadhafi. Colonel Qadhafi actively supports and sponsors terrorism in other na- tions and is an aggressor against his neighbors. In my opinion, a plan to combat his activities?even if it means destabilizing his government?would be no more than a justifiable response to the terror, pain, and suffering he has caused in his own nation, the Middle East, and several other coun- tries around the world. But, Mr. Speaker, regardless of whether or not the infamous source provided accurate information, it is ex- tremely disturbing that sensitive policy options cannot be discussed without the possibility?and even the probability?of some disgruntled indi- vidual leaking information. This is nei- ther an appropriate nor an honorable way for participants in policy formula- tion to express their opposition to policy decisions. The person responsible for the leak should be found and punished. The majority of people with access to sen- sitive information argue their posi- tions in an honest manner and behave responsibly if, in the end, the policy decision goes against their advice. But a single leaker can jeopardize a policy and the entire system of policy formu- lation. Without corrective action, the effect could be paralysis. I congratu- late the administration on its determi- nation to find the source of the leak. This incident contributes to serious concerns about the adequacy of the current system of protecting sensitive information. I firmly believe it is time for us to take a long and hard look at this problem and have introduced HIR. 3626, to establish a National Commis- sion on Classified Information and Se- curity Clearance Procedures for this purpose. I urge my colleagues to co- sponsor this bill and support action On it. Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 - Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 THE HONORABLE GEORGE C. WORTLEY EXTENSION OF REMARKS DEPARTMENT OF DEFENSE APPROPRIATION BILL, 1986 October 30, 1985 Mr. Speaker, the report language of the Department of Defense Appropriation bill contains a statement in support of the $25 million provided in the Defense Authorization bill to reduce the backlog of security clearance investigations. It also expresses support for the proposal that the Defense Investigative .Service charge for performing investigations in order to help reduce unnecessary requests for security clearances. Both actions are positive. But they are not enough. Two events currently in the news highlight the failings of current systems in protecting vital security information. The first is the Walker spy case. The second is the discovery of classified material in DoD furniture sent to a federal prison for repair. The first incident illustrates problems with our security clearance and reinvestigation procedures, and the second indicates problems with the way classified material is handled. In the case of the classified material, various officials seem to be busy passing the buck or explaining away the lapse in security. This raises two questions: if the information wasn't that sensitive, why was it classified, and if it was sensitive, why wasn't it handled with more care? What guarantee do we have that more sensitive material is handled with any more care? The point is that both our classification and security clearance systems need to be thoroughly reviewed so that we can get a comprehensive view of how the systems actually work -- or don't work --, how each affects the performance of the other, and what needs to be done to have a more coherent and dependable means of protecting our national security information from espionage and carelessness. The wide-ranging and complex nature of this problem requires a comprehensive approach. I urge my colleagues to support H.R. 3626, a bill I have introduced to establish a National Commission on Classified Information and Declasi-si6ed-in-Part:ta- Sanitized-Copy-Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 - Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5 THE HONORABLE GEORGE C. WORTLEY NATIONAL COMMISSION ON CLASSIFIED INFORMATION AND SECURITY CLEARANCE PROCEDURES December 2, 1985 Mr. Speaker, this country is experiencing a distressing rash of security breaches. In 1985 alone, more than 10 people have been charged with passing sensitive security information to foreign agents, four of them in the last two weeks. The scope of the problem is extensive. The military, the CIA, the National Security Agency, the FBI, government contractors, and the legislative branch have all had people involved in jeopardizing our national security secrets. It is time we took a comprehensive and critical look at the two primary means of protection: classification of information and security clearance procedures. For that purpose, my bill, H.R. 3626, establishes a National Commission on Classified Information and Security Clearance Procedures. It will have one year in which to make a government-wide study of these systems and submit recommendations on how to improve them. Over 4 million Americans have some level of security clearance. Combined with the massive volume of classified information, the potential for espionage, leaks and just plain carelessness is frightening. Current efforts to address various weaknesses in our current protective systems are not enough. We need a broad-based coordinating group to discern the problems, focus attention on them, and recommend corrective action. Haphazard, piecemeal legislation will provide -- at best -- incomplete solutions. I urge my colleagues to cosponsor the comprehensive and coherent approach embodied in H.R. 3626. Declassified in Part - Sanitized Copy Approved for Release 2011/12/23: CIA-RDP88G01332R001100110021-5