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5 USC CHAPTER 91 - ACCESS TO CRIMINAL HISTORY RECORDS

FOR NATIONAL SECURITY AND OTHER PURPOSES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart H - Access to Criminal History Record Information

CHAPTER 91 - ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL

SECURITY AND OTHER PURPOSES

.

-HEAD-

CHAPTER 91 - ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL

SECURITY AND OTHER PURPOSES

-MISC1-

Sec.

9101. Access to criminal history records for national security and

other purposes.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(f)(1)(A), (2)(B)), Oct. 30, 2000, 114 Stat. 1654, 1654A-282,

substituted ''AND OTHER PURPOSES'' for ''PURPOSES'' in chapter

heading and ''Access to criminal history records for national

security and other purposes'' for ''Criminal history record

information for national security purposes'' in item 9101.

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5 USC Sec. 9101 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart H - Access to Criminal History Record Information

CHAPTER 91 - ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL

SECURITY AND OTHER PURPOSES

-HEAD-

Sec. 9101. Access to criminal history records for national security

and other purposes

-STATUTE-

(a) As used in this section:

(1) The term ''criminal justice agency'' means (A) any Federal,

State, or local court, and (B) any Federal, State, or local

agency, or any subunit thereof, which performs the administration

of criminal justice pursuant to 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

information 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, sentencing, correction

supervision, and release. The term does not include

identification information such as fingerprint 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 locality.

(3) The term ''classified information'' means information or

material designated pursuant to the provisions of a statute or

Executive order as requiring protection 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

Commonwealth of the Northern Mariana Islands, Guam, the Virgin

Islands, American Samoa, and any other territory or possession 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.

(6) The term ''covered agency'' means any of the following:

(A) The Department of Defense.

(B) The Department of State.

(C) The Department of Transportation.

(D) The Office of Personnel Management.

(E) The Central Intelligence Agency.

(F) The Federal Bureau of Investigation.

(b)(1) Upon request by the head of a covered agency, criminal

justice agencies shall make available criminal history record

information regarding individuals under investigation by that

covered agency for the purpose of determining eligibility for any

of the following:

(A) Access to classified information.

(B) Assignment to or retention in sensitive national security

duties.

(C) Acceptance or retention in the armed forces.

(D) Appointment, retention, or assignment to a position of

public trust or a critical or sensitive position while either

employed by the Government or performing a Government contract.

(2) Such a request to a State central criminal history record

repository shall be accompanied by the fingerprints of the

individual who is the subject of the request if required by State

law and if the repository uses the fingerprints in an automated

fingerprint identification system.

(3) Fees, if any, charged for providing criminal history record

information pursuant to this subsection shall not exceed the

reasonable cost of providing such information.

(4) This subsection shall apply notwithstanding any other

provision of law or regulation of any State or of any locality

within a State, or any other law of the United States.

(c) A covered agency shall not obtain criminal history record

information pursuant to this section unless it has received written

consent from the individual under investigation for the release of

such information for the purposes set forth in paragraph (b)(1).

(d) Criminal history record information received under this

section shall be disclosed or used only for the purposes set forth

in paragraph (b)(1) 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 request.

(e)(1) Automated information delivery systems shall be used to

provide criminal history record information to a covered agency

under subsection (b) whenever available.

(2) Fees, if any, charged for automated access through such

systems may not exceed the reasonable cost of providing such

access.

(3) The criminal justice agency providing the criminal history

record information through such systems may not limit disclosure on

the basis that the repository is accessed from outside the State.

(4) Information provided through such systems shall be the full

and complete criminal history record.

(5) Criminal justice agencies shall accept and respond to

requests for criminal history record information through such

systems with printed or photocopied records when requested.

(f) The authority provided under this section with respect to the

Department of State may be exercised only so long as the Department

of State continues to extend to its employees and applicants for

employment, at a minimum, those procedural safeguards provided for

as part of the security clearance process that were made available,

as of May 1, 1987, pursuant to section 163.4 of volume 3 of the

Foreign Affairs Manual.

-SOURCE-

(Added Pub. L. 99-169, title VIII, Sec. 801(a), Dec. 4, 1985, 99

Stat. 1009; amended Pub. L. 99-569, title IV, Sec. 402(a), Oct. 27,

1986, 100 Stat. 3196; Pub. L. 101-246, title I, Sec. 114, Feb. 16,

1990, 104 Stat. 22; Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1076(a)-(e), (f)(2)(A)), Oct. 30, 2000, 114 Stat. 1654,

1654A-280 to 1654A-282.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(f)(2)(A)), substituted ''Access to criminal history records

for national security and other purposes'' for ''Criminal history

record information for national security purposes'' in section

catchline.

Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(e)(1)), substituted ''means (A) any Federal, State, or local

court, and (B) any Federal, State, or local agency, or any subunit

thereof, which'' for ''includes Federal, State, and local agencies

and means: (A) courts, or (B) a Government agency or any subunit

thereof which''.

Subsec. (a)(4). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(e)(2)), inserted ''the Commonwealth of'' before ''the Northern

Mariana Islands'' and struck out ''the Trust Territory of the

Pacific Islands,'' after ''American Samoa,''.

Subsec. (a)(6). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(a)(1)), added par. (6).

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(c)), in first sentence of par. (1), inserted ''any of the

following:'' after ''eligibility for'' and substituted subpars. (A)

to (D) for ''(A) access to classified information or (B) assignment

to or retention in sensitive national security duties.'',

designated second sentence of par. (1) as par. (2), designated

third sentence of par. (1) as par. (3) and substituted a period for

'', nor shall they in any event exceed those charged to State or

local agencies other than criminal justice agencies for such

information.'', and redesignated former par. (2) as (4).

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(a)(2)), substituted ''by the head of a covered agency'' for

''by the Department of Defense, the Department of State, the Office

of Personnel Management, the Central Intelligence Agency, or the

Federal Bureau of Investigation'' and ''that covered agency'' for

''such department, office, agency, or bureau''.

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(b)), struck out par. (3) which related to agreements between

Federal departments and agencies and States and localities to

indemnify and hold harmless the States and localities from claims

arising from the disclosure or use of criminal history record

information.

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(a)(3)), substituted ''A covered agency'' for ''The Department

of Defense, the Department of State, the Office of Personnel

Management, the Central Intelligence Agency, or the Federal Bureau

of Investigation''.

Subsecs. (e), (f). Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1076(d)), added subsec. (e) and redesignated former subsec.

(e) as (f).

1990 - Subsecs. (b)(1), (3)(A), (B), (c). Pub. L. 101-246, Sec.

114(1), inserted ''the Department of State,'' after ''Defense,''

wherever appearing.

Subsec. (e). Pub. L. 101-246, Sec. 114(2), added subsec. (e).

1986 - Subsecs. (b)(1), (3), (c). Pub. L. 99-569 inserted

references to the Federal Bureau of Investigation and such bureau.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 402(c) of Pub. L. 99-569 provided that: ''The amendments

made by this section (amending this section and provisions set out

as a note under this section) shall become effective with respect

to any inquiry which begins after the date of enactment of this Act

(Oct. 27, 1986) conducted by the Federal Bureau of Investigation

for purposes specified in paragraph (b)(1) of section 9101 of title

5, United States Code.''

EFFECTIVE DATE

Section 802 of Pub. L. 99-169 provided that: ''The amendments

made by section 801(a) of this Act (enacting this section) shall

become effective with respect to any inquiry which begins after the

date of enactment of this Act (Dec. 4, 1985) conducted by the

Department of Defense, the Office of Personnel Management, or the

Central Intelligence Agency, for the purposes specified in

paragraph (b)(1) of section 9101 of title 5, United States Code, as

added by this Act.''

TERMINATION DATE OF SUBSECTION (B)(3) OF THIS SECTION

Pub. L. 100-453, title I, Sec. 101(d), Sept. 29, 1988, 102 Stat.

1904, extended the expiration date provided in section 803(b) of

Pub. L. 99-169, formerly set out below, until Dec. 31, 1989.

Section 803(b) of Pub. L. 99-169 provided that subsec. (b)(3) of

this section expired three years after Dec. 4, 1985.

REPORT TO CONGRESSIONAL COMMITTEES ON EFFECT OF PROVISIONS FOR

INDEMNIFICATION AGREEMENTS

Section 803(a) of Pub. L. 99-169, as amended by Pub. L. 99-569,

title IV, Sec. 402(b), Oct. 27, 1986, 100 Stat. 3196, directed

Department of Justice, within two years after Dec. 4, 1985, and

after consultation with Department of Defense, Office of Personnel

Management, Central Intelligence Agency, and Federal Bureau of

Investigation, to report to appropriate committees of Congress

concerning the effect of 5 U.S.C. 9101(b)(3), as added by this Act,

including the effect of the absence of indemnification agreements

upon States and localities not eligible under 5 U.S.C. 9101(b)(3)

for such agreements.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14614.

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5 USC Subpart I - Miscellaneous 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart I - Miscellaneous

.

-HEAD-

Subpart I - Miscellaneous

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