§ 99.9 Terms of indemnification.

The terms of the Uniform Federal Agency Indemnification Agreement (UFAIA), 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 the DoD, OPM, or CIA for the purposes described in section 910.101(a) and that such law was in effect on December 4, 1985. (b) Liability: (1) The Federal agency agrees 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 the DoD, OPM, or CIA 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 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: (1) The Federal agency when requesting criminal history record information from the State or locality for the release of such information will attest that it has obtained the written consent of the individual under investigation after advising him or her of the purposes for which that information is intended to be used. (2) The Federal agency will attest that it has advised that individual of the right to access that information. (d) Purpose requirements: The Federal agency will use the criminal history record information only for the purposes stated in § 910.101(a). (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 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 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.