Terms of indemnification.

CFR · 2024-01-01 · US · Title 5

The terms of the indemnification agreement must conform to the following provisions: (a) (b) (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) (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) (e) (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.

official document · source cfr-2024 · id 5:§ 911.105