: 
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*WHRLLIAM 
V. ROTH. Jn. DELAWARE, CHUURMAN 
‘TED STEVENS. ALASKA 
THOMAS § EAGLETON, witS SOUR 
Executive Registry 
" CHARLES MCC MATHIAS, Jn. MARYLAND «© LAWTON CHILES. FLORIDA 
WILUAM 5. COHEN, MAINE 
GAM HUNK, crore 
Qrannen Semccmcar 
cme acreume TEMA 
. 
Meee 
ae 
WAnited States Senate 
JOHN M DUNCAN. STAFF DIRECTOR 
MARGARET P. CRENSHAW. RAINORITY 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 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 correspondence 
to the attention 
of Gretts 
Graham, 
Committee 
on Governmental 
Affairs 
(224- 
4751). 
Thank you 
for 
your participation 
in this 
effort. 
Sincere 
° 
Willi 
: 
Chairman 
WVR/jm 
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I] 
99TH CONGRESS 
lst SESSION 
‘ 1 347 
To provide access to criminal history record information for national security 
Mr. 
To 
ay 
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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 
Nunn (for himself, Mr. Rory, Mr. Cuites, Mr. Gore, and Mr. STEVENS) 
introduced the following bill; which was read twice and referred to the Com- 
mittee on Governmental Affairs 
A BILL 
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. 
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”. 
CONGRESSIONAL FINDINGS AND POLICIES 
SEc. 2. The Congress finds— 
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(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 
21 
(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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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. 
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 Ҥ520a. 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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clude 
identification 
information 
such 
as 
fingerprint 
records to the extent that such information does not 
indicate involvement of the individual in the criminal 
justice system. 
“(3) The term ‘classified information’ means infor- 
mation or material designated pursuant to the provi- 
sions of a statute or Executive order as requiring pro- 
tection against unauthorized disclosure for reasons of 
national security. 
‘(4) The term ‘State’ means any of the several 
States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Northern Mariana Islands, Guam, the 
Virgin Islands, American Samoa, the Trust Territory 
of the Pacifie Islands, and any other territory or pos- 
session of the United States. 
“(5) The term ‘local’ and ‘locality’ means any 
local government authority or agency or component 
thereof within a State having jurisdiction over matters 
at a county, 
municipal, 
or other local government 
level. 
“(b)(1) Upon request by the Department of Defense, the 
Office of Personnel Management, or the Central Intelligence 
Agency criminal justice agencies shall make available crimi- 
nal history record information regarding individuals under in- 
vestigation by the Department of Defense, the Office of Per- 
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b— 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 
national security duties, or (C) acceptance or retention in the 
armed services. Fees charged for providing criminal history 
record information pursuant to this subsection 
shall not 
exceed those charged to other government agencies for such 
information. 
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“(2) This subsection shall apply notwithstanding any 
bh. oO other provision of law or regulation of any State or of any 
bak — locality within a State, or any other law of the United States. 
peat bo 
‘(c) The Department of Defense, the Office of Personnel 
—_ (J) Management, or the Central Intelligence Agency shall not 
b— > obtain criminal history record information pursuant to this 
bt Or section unless it has received written consent from the indi- 
—_ fon) vidual under investigation for the release of such information 
—_ | for one or more of the purposes set forth in subsection (b). 
—_ e.6) 
“(d) Criminal history record information received under 
h— co this section shall not be disclosed except for the purposes set 
iw) =) forth in subsection (b) or as provided by section 552a of title 
5, United States Code.”’. 
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Sec. 4. The amendments made by this Act shall become 
bo w effective with respect to any inquiry which begins after the 
[Ne] > date of enactment of this Act conducted by the Department 
bd On 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 
subsection (b) of section 520a of title 10, United States Code, 
as added by this Act. 
SEc. 5. The amendments made by this Act are made 
pursuant to the powers vested in Congress as found in sec- 
Oo 
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bd tion 8 of article I of the United States Constitution. 
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