Page:United States Statutes at Large Volume 99 Part 1.djvu/1032

 99 STAT. 1010

Claims.

PUBLIC LAW 99-169—DEC. 4, 1985

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 cledm 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)(l) or for nationsil 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 Purposes.......9101.".

Effective date. 5 USC 9101 note.

Ante, p. 1009. Report. 5 USC 9101 note.

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 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. SEC. 803. (a) Within two years after the date of enactment of this Act, the Department of Justice, after consultation with the Department of Defense, the Office of Personnel Management, and the Central Intelligence Agency, shall report to the appropriate committees of the Congress concerning the effect of section 9101(b)(3) of title

�