ANNUAL REPORT ON CRIMINAL HISTORY RECORD INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R001001160001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: December 23, 2011
• Sequence Number: 1
• Publication Date: December 24, 1986
• Content Type: MEMO

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Annual Report on Criminal History Record Information ____.___...
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2 4 DEC 1986
MEMORANDUM FOR: Deputy Director for Legislation/OCA
Executive Officer/OS
SUBJECT: Annual Report on Criminal History Record
Information
REFERENCE: Memorandum for DDA and D/S dtd 16 Dec 86;
Same Subject (OCA 86-4165)
1. In reference, you requested information regarding the
effect on CIA of the requirement contained in the FY 1986
Intelligence Authorization Act to pay fees to states and
localities for criminal history record information. The Office
of Security has not paid any such fees but the requirement to
do so has had a small effect on our investigative process.
2. In every state except California, we have been able to
maintain our liaison with either local or central criminal
record repositories and have been afforded appropriate access
without charge. In some states there may be a fee required for
access to central information banks but we have not had
occasion to use them as we find local checks (without charge)
to suit our needs.
3. In California, the central index would be of some value
as it is a fairly good one. We used it regularly without fee
prior to the FY 1986 Act. However, California has chosen to
charge $18.50 for each inquiry; we feel this is too high a
price. At the present time, we conduct appropriate local
police checks in California which give us what we believe is
adequate criminal record coverage; the local jurisdictions do
not charge for the inquiries. However, we are continuing to
monitor the situation to be sure that we are getting the
coverage we need and that the cost of local checks (some must
be done in person by an investigator) remains lower than doing
the central checks.
:OS/EO/PPS/ELB/syw:
tribution:;
Orig - Adse:
1
- EXA/DDA:
1
- EO:
1
- OS/Registry:
1
- PPS Chrono:
(23 Dec. 86)
n~ ti ~~~i
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D;; c'H~~TI;aTRY
1 g DEC ~:.~6
16 December 1986
OCA 86-4165
MEMORANDUM FOR: Deputy Director for Administration
Director of Security
Deputy Director for Legislation
Office of Congressional Affairs
SUBJECT: Annual F.eport on Criminal History Record
Information
The first annual report on the effect on CIA of the
requirement to pay fees to states and localities in conjunction
with requests for criminal history record information is due to
the House and Senate Intelligence Committees on 1 January
1987. This was levied by the Conference Report to the FY 1986
Intelligence Authorization Act (excerpt attached). As of this
date the report has not arrived in the OCA Registry for
transmittal to the two Committees. I would appreciate it if
you would hav m n in your component.contact
in my office on the status of the repor .
Attachment:
as noted
Distribution:
Orig. - DDA
1 - D/OS
1 - ADGC/AL&MS
1 - OCA Registry
1 - OCA/LEG Subject File: Administrative Matters
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by law, incurred in such operations, if use of appropriated funds to
meet such expenses would not be practicable.
(b) As soon os the net proceeds from such counterintelligence oper-
ations are no longer necessary for the conduct of those operations,
such proceeds shall be deposited into the Treasury as miscellaneous
receipts.
(c) The Secretary of Defense shall establish policies artd proce-
dures to govern acquisition, use, management and disposition of
proceeds from counterintelligence operations conducted by compo-
rcents of the Military Departments, including effective internal sys-
tems of accounting and administrative controls.
RETIREMENT BENEFITS FOR CERTAIN CENTRAL INTELLIGENCE AGENCY
EMPLOYEES SERVING !N UNXEALTXFUL AREAS
SEC. 702. Section 251 of the Central Intelligence Agency Retire-
ment Act of 196.? for Certain Employees (50 U.S.C..?09 note) is
amended by inserting "(a)" after "SEC. 251. "and by adding at the
end thereof the following new subsection:
"(b) The Director of Central Intelligence may from time to time
establish, in consultation with the Secretary of State, a list of places
outside the United States which by reason of climatic or other ex-
treme conditions are to be classed as unhealthful pasts. Each year of
duty at such posts, inclusive of regular leaves of absence, shall be
counted as one and a half years in computing the length of service
of a participant under this Act for the purpose of retirement, frac-
tional months being considered as full months in computing such
service. No extra credit for service at such unhealthful pasts shall
be credited to any participant who is paid a differential under sec-
tion 5925 or 5928 of title 5, United States Code, for such service. ".
TITLE VIII-ACCESS ?lU CRIMINAL HISTORYRECORDS FiOR
NATIONAL SECURITY PURPOSES
SEC. 801. (a) Part III of Title 5, United States Code, is amended by
adding after chapter 89 the following new subpart:
"Subpart H-Access to Criminal History Record
Information
"CHAPTER 91-ACCESS TO CRIMINAL HISTORY
RECORDS FOR NATIONAL SECURITY PURPOSES
.~
"9101. Criminal history record information jor national security purposes.
"~ 9101. Criminal history record information for national security
purposes
"(a)As used in this section:
"(1) The term `criminal justice agency' includes Federal,
State, and local agencies and means: (A) courts, or B) a Govern-
ment agency or any subunit thereof which performs the admin-
istration of criminal justice pursuant to a statute or Executive
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of appropriated funds to
ocounterintelligence oper-
duct of those operations,
~easury as miscellaneous
ilish policies and proce-
nent and disposition of
ns conducted by compo-
ng effective internal sys-
rols.
I L INTELLIGENCE AGENCY
THFUL AREAS
'elligence Agency Retire-
(50 U.S.C. .?0.~ note) is
. "and by adding at the
may from time to time
of State, a list of places
of climatic or other ex-
thful posts. Each year of
cues of absence, shall be
ing the length of service
pose of retirement, frac-
nths in computing such
unhealthful pasts shall
a differential under sec-
Code, for such service. ".
TORY RECORDS FOR
RPOSES
rtes Code, is amended by
~bpart:
History Record
~IINAL HISTORY
RITY PURPOSES
' security purposes.
~n for national security
~ncy' includes Fedeml,
~ courts, or B) a Govern-
ch performs the admin-
~ a statute or Executive
order, and which allocates a substantial part of its annual
? ? budget to the administration of criminal justice.
"(2) The term `criminal history record information' means in-
formation collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges
and any disposition arising therefrom, sentenceng, correction su-
pervision, and release. The term does not include identification
information such as fcngerprint records to the extent that such
information does not indicate involvement of the individual in
the criminal justice system. The term does not include those
records of a State or locality sealed pursuant to law from access
by State and local criminal justice agencies of that State or lo-
cality.
"(3) The term `classified information' means in ormation or
material des~'gnated pursuant to the provisions o~a statute or
Executive offer as requiring protection against unauthorized
disclosure for reasons of national security.
"(.?) the term `State' means any of the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, Guam, the Vi n Islands, Armeri-
can Samoa, the Trust Territory of Pacif~ Islands, and any
other territory or possession of the UUnited States.
"(5) The term `local' and `locality' means any local govern-
ment authority or agency or component thereof within a State
having jurisdiction over matters at a county, municipal or other
local government level.
"(bX1) Upon request by the Ikpa.rtment of Ikfense, the Office of
Personnel Management, or the Central Intelligence Agency, criminal
justice agencies shall make available criminal history record infor-
mation regarding individuals under investigation by such depart-
. ? ment, office or agency for the purpose ~o~ determining eligibility for
(A) access to classified information or lei/ assignment to or retent~n
in sensitive national security duties. Such a request to a State cen-
tral criminal history record repository shall be accompanied by the
fingerprints of the individual who is the subject of the request if re-
quared by State law and if the repository uses the fingerprints in an
automated fingerprint identification system. Fees, if any, charged
for provideng criminal history record information pursuant to this
subsection shall not exceed the reasonable cost of providing such in-
formation, nor shall they in any event exceed those charged to State
or local agencies other than criminal justice agencies for such infor-
mation.
"(2) This subsection shall apply notwithstanding any other prove-
' sion of law or regulation of any State or of any locality within a
State, or any other law of the United States.
`Y~XA) Upon request by a State or locality, the Department of D~e-
fense, the Office of Personnel Management, or the Central Intelli-
gence Agency shall enter into an agreement with such State or local-
ity to indemnify and hold harmless such State or locality, and its
officers, employees and agents, from any claim against such State or
locality, or its officer, em loyee or agent, for damages, costa and
other monetary loss, whether or not suit is instituted, arise from
the disclosure or use by such department, office or agency o~cnms-
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nal history record injormation obtained from the State or locality
pursuant to this subsection, z the laws of such State or locality, as ?
of the date of enactment of this section, otherwise have the efject of
prohibiting the disclosure of such criminal history record informa-
tion to such department, ofju~e, or agency.
"B) When the Ikpartment of Diejense, the Office of Personnel
Management, or the Central Intelligence Agency and a State or lo-
cality have entered into an agreement described in subparagraph
(A), and a claim described in such subparagraph is made against
such State or locality, or its ofju~er, employee, or agent, the State or
locality shall expeditiously transmit notice of such claim to the At-
torney General and to the United States Attorney of the district em-
bracing the place wherein the claim is made, and the United States
shall have the opportunity to make all determinations regarding the
settlement or defense of such claim.
"(c) The Deepartment of Defense, the Office of Personnel Manage-
ment, or the Central Intelligence Agency shall not obtain criminal
history record information pursuant to this section unless it has re-
ceived written consent from the individual under investr'~ation for
the release of such information for the purposes set forth in para-
gra~h (bXi>.
`(d) Criminal history record information received under this sec-
tion shall be disclosed or used only for the purposes set forth in
paragraph (bXl) or for national security or criminal justice purposes
authorized by law, and such information shall be made available to
the individual who is the subject of such information upon re-
quest. ?
(b) The table of contents of Part III of title 5, United States Code
is amended by adding at the end thereof
"Subpart G-Access to Criminal History Record Inforneatfon
"91. Access to Criminal History Record In/ormation for National Security
Purposes ......................................................................................... 9101 ?
SEC. 802. The amendments made by Section 801(a) of this Act
shall become effective with respect to any inquiry which begins after
the date of enactment of this Act conducted by the Department of
Defense, the Ofjue of Personnel Management, or the Central Intelli-
gence Agency, for the purposes specified in ppaaragraph (bXl) of sec-
tion 9101 of title 5, United States Code, as addel by this Act.
SEC. 803 (a) Within two years a ter the date of enactment of this
Act, the Department of Justice, after consultation with the Depart-
ment of Defense, the Ofjtce of Personnel Management, and the Cen-
tral Intelligence Agency, shall re rt to the approppriate committees
of the Congress concerning the e~ct of Section 9101(bX8) of title 5,
United States Code, as added by this Act, including the effect of the
absence of indemni}'t'cation ements upon States and localities
not eli ble under Section 91X3) of title 5, United States Code,
for such agreements.
(b> Three years after the date of enactment of this Act, Section
9101(bX3) of title 5, United States Code, shall expire.
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2419 to DOD intelligence components and to the CIA which are
available for investigations for determining eligibility for access to ?
classified information or for assignment to or retention in sensitive
national security duties will be available for the payment of fees
levied by States or localities for access to criminal history record
information. The conferees are agreed that DOD, OPM, and CIA re-
sources should be adjusted appropriately by the Congress in the
future to provide the necessary funds from which such fees may be
paid. '~'~p conferees request that DOD, OPM, and Cyr ~DOrt
.,~, . r~ar-Prt to ee~ or access crunm ry reco~rorma-
Paragrap p ovides that subsection 9101(b) applies not-
withstanding any laws or regulations of States and localities and
notwithstanding any other federal laws. Thus, subsection 9101(b)
preempts any conflicting State or local laws and supersedes any in-
consistent federal laws. It does not, of course, affect complementary
federal statutes which do not conflict with subsection 9101(b), such
as Section 520a of title 10, United States Code.
Paragraph 9101(bX3) provides that upon request by a State or 1o-
cality, DOD, OPM, or CIA shall enter into an agreement to indem-
nify and hold harmless such State or locality, and its officers, em-
ployees, and agents, from any claim based on disclosure or use by
DOD, OPM, or CIA of criminal history record information obtained
from the State or locality, if, upon the date of enactment of the leg-
islation, State or local law has the effect of prohibiting disclosure of
such information to DOD, OPM or CIA. The scope of indemnifica-
tion includes damages, costs and other monetary loss, whether or
not suit is instituted. The conferees expect DOD, OPM, and CIA to
consult with each other and with the Department of Justice ensure
that indemnification agreements into which DOD, OPM, and CIA
enter under the authority of Section 9101 properly protect the in-
terests of the United States.
The conferees expect the indemnification provision to be a one-
time-only exception to the general policy against indemnification.
In this legislation, because of the unique combination of national
security concerns, issues of states rights, and a need to respect the
privacy rights of Americans, the conferees concluded that this ex-
ception is appropriate. The conferees emphasize that, not only is
the federal government forcing states to disclose criminal history
record information, but also a State must make disclosure to the
federal government even when the State's law, because of a legiti-
mate concern for the accuracy of the underlying records and priva-
cy of its citizens, directly prohibits the disclosure. But for this legis-
lation, such a State would not be exposed to any liability.
While agreeing to the indemnification provision because of the
special circumstances noted, the conferees are very concerned that
it not unduly burden the federal government or otherwise generate
unintended consequences. Therefore, the conferees have added sub-
section 803(b) to H.ft. 2419, a three year sunset provision applicable
only to Section 9101(bx3), relating to indemnification. At the end of
the three-year period, or sooner, the Congress will have the oppor-
tunity to decide whether to retain the existing indemnification pro-
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HOUSE OF REPRESENTATIVES ~ RBPOaT
99-373
NovFa[sga 14, 1985.-Ordered to be print
Mr. HAMILTON, from the committee of conference,
submitted the following
CONFERENCE REPORT
[T'o accompany H.R. 2419)
The committee of conference on the
Houses on the amendment of the Senatehe bill (Ii.Rf 2419~to
authorize appropriations for t-ISCaI year 1986 for the intelligence
and intelligence-related activities of the United States Government,
for the Intelligence Community Staff, for the Central Intelligence
Agency Retirement and Disability System, and for other purposes,
having met, after full and free conference, having agreed to so reo-
ommend, do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment
of the Senate and agree to the same with an amendment as fol-
lows:
In lieu of the matter proposed to be inserted by the Senate
amendment insert the following:
That this Act may be cited as the "Intelligence Authorization Act
for Fiscal Year 1986".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for
fiscal year 1986 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States Gov-
ernment:
(1) The Central Intelligence Agency.
(2) The Department of Diefense.
?) The Defense Intelligence Agency.
The National Security Agency.
71-006 0
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