Sec. 801. ### (a)

992 words·~5 min read·/statute-compilations/comps-1460/sec-801

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## 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 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 Government 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 Northern Mariana Islands, Guam, The Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, 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. > > > ### “(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 criminal history record information regarding individuals under investigation by such department, office or agency for the purpose of determining eilgibility for

(A)access to classified information or

(B)assignment to or retention in sensitive national security duties. 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. Fees, if any, charged for providing criminal history record information pursuant to this subsection shall not exceed the reasonable cost of providing such information, nor shall they in any event exceed those charged to State or local agencies other than criminal justice agencies for such information. > > > #### “(2) > > 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. > > > #### “(3) > > > #####

(A)> > Upon request by a State or locality, the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency shall enter into an agreement with such State or locality 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, employee or agent, for damages, costs and other monetary loss, whether or not suit is instituted, arising from the disclosure or use by such department, office or agency of criminal history record information obtained from the State or locality pursuant to this subsection, if the laws of such State or locality, as of the date of enactment of this section, otherwise have the effect of prohibiting the disclosure of such criminal history record information to such department, office or agency. > > > ##### “(B) > > When the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency and a State or locality 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 officer, employee, or agent, the State or locality shall expeditiously transmit notice of such claim to the Attorney General and to the United States Attorney of the district embracing 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 Department of Defense, the Office of Personnel Management, or the Central Intelligence 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.” > . ###

(b)The table of contents of part III of title 5, United States Code is amended by adding at the end thereof:" “Subpart H—Access to Criminal History Record Information “91.Access to Criminal History Records for National Security Purposes9101.” ". * * * * * * *