PART 911—PROCEDURES FOR STATES AND LOCALITIES TO REQUEST INDEMNIFICATION Authority: Title VIII, Access to Criminal History Records for National Security Purposes, of the Intelligence Authorization Act for Fiscal Year 1986, Pub. L. 99-169, sections 801-803, 99 Stat. 1002, 1008-1011 (1985) (codified in part at 5 U.S.C. 9101). Source: 52 FR 4491, Feb. 12, 1987, unless otherwise noted. § 911.101 Scope and purpose. (a) The Office of Personnel Management (OPM) has the right to criminal history record information of State and local criminal justice agencies to determine whether a person may— (1) Be eligible for access to classified information; (2) Be assigned to sensitive national security duties; or (3) Continue to be assigned to sensitive national security duties. (b) This part sets out the conditions under which OPM may sign an agreement to indemnify and hold harmless a State or locality against claims for damages, costs, and other monetary loss caused by disclosure or use of criminal history record information by OPM. (c) The procedures set forth in this part do not apply to situations when OPM seeks access to the criminal history records of another Federal agency. (d) By law these provisions implementing 5 U.S.C. 9101(b)(3) will expire December 4, 1988, unless the duration of this section is extended or limited by Congress. § 911.102 General definitions. In this part— Criminal history record information Criminal justice agency Locality State § 911.103 Eligibility for indemnification. As provided for under 5 U.S.C. 9101(b)(3), a State or locality may request an indemnification agreement. (a) To be eligible for an indemnification agreement, a State or locality must have had a law in effect on December 4, 1985, that prohibited or had the effect of prohibiting the disclosure of criminal history record information to OPM. (b) A State or locality is also eligible for an indemnification agreement if it meets the conditions of paragraph (a) of this section, but nevertheless provided criminal history record information to OPM on or before December 4, 1985. § 911.104 Procedures for requesting an indemnification agreement. When requesting an indemnification agreement, the State or locality must— (a) Certify that on December 4, 1985, the State or locality had in effect a law that prohibited or had the effect of prohibiting the disclosure of criminal history record information to OPM; (b) Attach a copy of the law to the request for an indemnification agreement; (c) Notify OPM, at the address below, of its eligibility for an indemnification agreement. Office of Personnel Management, Office of Federal Investigations, P.O. Box 886, Washington, DC 20044 § 911.105 Terms of indemnification. The terms of the indemnification agreement must conform to the following provisions: (a) Eligibility. (b) Liability. (2) The indemnification agreement will not extend to any act or omission prior to the transmittal of the criminal history record information to OPM. (3) The indemnification agreement will not extend to any negligent acts on the part of the State or locality in compiling, transcribing, or failing to delete or purge any of the information transmitted. (c) Consent and access requirements. (1) It has obtained the written consent of the individual under investigation to request criminal history record information about the individual from criminal justice agencies in accordance with 5 U.S.C. 9101, after advising the individual of the purposes for which the information is intended to be used by a Privacy Act of 1974 (5 U.S.C. 552a), or an equivalent, notice; and (2) Upon request, OPM will provide the individual access to criminal history record information received from the State or locality, as required by 5 U.S.C. 9101(d). (d) Purpose requirements. (e) Notice, litigation, and settlement procedures. (2) The notice must be given to the Attorney General and to the United States Attorney of the district embracing the place wherein the claim is made. (3) The Attorney General will make all determinations regarding the settlement or defense of such claims.