PART 99—PROCEDURES FOR STATES AND LOCALITIES TO REQUEST INDEMNIFICATION Authority: Access to Criminal History Records for National Security Purposes, of The Intelligence Authorization Act for Fiscal Year 1986, Pub. L. No. 99-169, secs. 801-803, 99 Stat. 1002, 1008-1011 (1985) (codified in part at 5 U.S.C. 9101). Source: 51 FR 42555, Nov. 25, 1986, unless otherwise noted. § 99.1 Scope and purpose. (a) The Department of Defense (DoD), Office of Personnel Management (OPM), or Central Intelligence Agency (CIA) has the right to criminal history information of States and local criminal justice agencies in order 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 national security duties. (b) This part sets out the conditions under which the DoD, OPM, or CIA 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 one of these agencies. (c) The procedures set forth in this part do not apply to situations where a Federal agency seeks access to the criminal history records of another Federal agency. (d) By law these provisions implementing 5 U.S.C. 9101 (b)(3) shall expire December 4, 1988, unless the duration of said section is extended or limited by Congress. § 99.3 General definitions. For the purposes of §§ 99.1 through 99.9 of this part: Criminal history record information: Criminal justice agency: Department of Defense: Federal agency: Locality: State: § 99.5 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 the DoD, OPM, or CIA. (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 the DoD, OPM, or CIA on or before December 4, 1985. § 99.7 Procedures for requesting an indemnification agreement. When requesting an indemnification agreement, the State or locality must notify each Federal agency as appropriate, at the address listed in the appendix to this part, of its eligibility of an indemnification agreement. It must also: (a) Certify that on December 4, 1985, the State or locality had in effect a law which prohibited or had the effect of prohibiting the disclosure of criminal history record information to the DoD, OPM, or CIA; and (b) Append to the request for an indemnification agreement a copy of such law. § 99.9 Terms of indemnification. The terms of the Uniform Federal Agency Indemnification Agreement (UFAIA), 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 the Federal agency. (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: (2) The Federal agency will attest that it has advised that individual of the right to access that information. (d) Purpose requirements: (e) Notice, litigation and settlement procedures: (2) The notice must be given to the Attorney General and to the U.S. Attorney of the district embracing the place wherein the claim is made. (3) The Attorney General shall make all determinations regarding the settlement or defense of such claims. Appendix to Part 99—Addresses of Relevant U.S. Government Agencies Department of Defense, Office of the General Counsel, Room 3E988, Washington, DC 20301-1600 Office of Personnel Management, Office of Federal Investigations, P.O. Box 886, Washington, DC 20044 Central Intelligence Agency, Attention: Office of General Counsel, Washington, DC 20505