32 CFR § 99.5 - Eligibility for indemnification.

---
identifier: "/us/cfr/t32/s99.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 99.5 - Eligibility for indemnification."
title_number: 32
title_name: "National Defense"
section_number: "99.5"
section_name: "Eligibility for indemnification."
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "D"
subchapter_name: "PERSONNEL, MILITARY AND CIVILIAN"
part_number: "99"
part_name: "PROCEDURES FOR STATES AND LOCALITIES TO REQUEST INDEMNIFICATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Access to Criminal History Records for National Security Purposes, of The Intelligence Authorization Act for Fiscal Year 1986, Pub. L. No. 99-169, secs. 801-803, 99 Stat. 1002, 1008-1011 (1985) (codified in part at 5 U.S.C. 9101)."
regulatory_source: "51 FR 42555, Nov. 25, 1986, unless otherwise noted."
cfr_part: "99"
---


# 99.5 Eligibility for indemnification.

As provided for under 5 U.S.C. 9101(b)(3), a State or locality may request an indemnification agreement.

(a) To be eligible for an indemnification agreement a State or locality must have had a law in effect on December 4, 1985 that prohibited or had the effect of prohibiting the disclosure of criminal history record information to the DoD, OPM, or CIA.

(b) A State or locality is also eligible for an indemnification agreement if it meets the conditions of paragraph (a) of this section, but nevertheless provided criminal history record information to the DoD, OPM, or CIA on or before December 4, 1985.