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5 U.S.C. § 9101

Access to criminal history records for national security and other purposes

United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective

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5 U.S.C. § 9101, Access to criminal history records for national security and other purposes, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427645
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As used in this section: The term “covered agency” means any of the following: An Executive agency that— Upon request by a covered agency, criminal justice agencies shall make available all criminal history record information regarding individuals under investigation by that covered agency, in accordance with Federal Investigative Standards jointly promulgated by the Suitability Executive Agent and Security Executive Agent, for the purpose of— determining eligibility for— conducting a basic suitability or fitness assessment for Federal or contractor employees, using Federal Investigative Standards jointly promulgated by the Security Executive Agent and the Suitability Executive Agent in accordance with— Federal Aviation Administration checks required under— The Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto, shall submit to the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate, and the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives, an annual report that— provides a description of limitations on the sharing of information relevant to a background investigation, other than criminal history record information, between—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 99-169(H.R. 2419)1985-12-04
    Intelligence Authorization Act for Fiscal Year 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-569(H.R. 4759)1986-10-27
    Intelligence Authorization Act for Fiscal Year 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-246(H.R. 3792)1990-02-16
    Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    House: no recorded tallySenate: 98–0
  • Amended byPub. L. 106-398(H.R. 4205)2000-10-30
    Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
  • Amended byPub. L. 114-92(S. 1356)2015-11-25
    National Defense Authorization Act for Fiscal Year 2016
    House: 370–58Senate: no recorded tally