(a) The Office of Personnel Management (OPM) has the right to criminal history record information of State and local criminal justice agencies 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 sensitive national security duties.
(b) This part sets out the conditions under which OPM 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 OPM.
(c) The procedures set forth in this part do not apply to situations when OPM seeks access to the criminal history records of another Federal agency.
(d) By law these provisions implementing 5 U.S.C. 9101(b)(3) will expire December 4, 1988, unless the duration of this section is extended or limited by Congress.
authority: Title VIII, Access to Criminal History Records for National Security Purposes, of the Intelligence Authorization Act for Fiscal Year 1986, Pub. L. 99-169, sections 801-803, 99 Stat. 1002, 1008-1011 (1985) (codified in part at
5 U.S.C. 9101)
source: 52 FR 4491, Feb. 12, 1987, unless otherwise noted.
cite as: 5 CFR 911.101