5 CFR 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 § 911.101(a) and that such law was in effect on December 4, 1985.
(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.
(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.
(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
(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.