[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR911.105]

[Page 496-497]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 911--PROCEDURES FOR STATES AND LOCALITIES TO REQUEST INDEMNIFICATION--Table of Contents
 
Sec. 911.105  Terms of indemnification.

    The terms of the indemnification agreement must conform to the 
following provisions:
    (a) Eligibility. The State or locality must certify that its law 
prohibits or has the effect of prohibiting the disclosure of criminal 
history record information to OPM for the purposes described in 
Sec. 911.101(a) and that such law was in effect on December 4, 1985.
    (b) Liability. (1) OPM must agree to indemnify and hold harmless the 
State or locality from any claim for damages, costs, and other monetary 
loss arising from the disclosure or negligent use by OPM of criminal 
history record information obtained from that State or locality pursuant 
to 5 U.S.C. 9101(b). The indemnification will include the officers, 
employees, and agents of the State or locality.
    (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. By requesting the release of 
criminal history record information from the State or locality, OPM 
represents that--
    (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. OPM will use the criminal history record 
information only for the purposes stated in Sec. 911.101(a).

[[Page 497]]

    (e) Notice, litigation, and settlement procedures. (1) The State or 
locality must give notice of any claim against it on or before the 10th 
day after the day on which a claim against it is received, or it has 
notice of such a claim.
    (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.