Loading...
HomeMy WebLinkAboutCAG2019-0342 - Original - FBI - MOU Seattle Child Exploitation Human Trafficking Task Force (CEHTTF) - 04/22/2019ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Fon Orr¡cral Usr Oruly 1 FEDERAL BUREAU OF INVESTIGATION KENT POLIGE DEPARTMENT MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federat Bureau of lnvestigation (FBl) and Kent Police Department (KPD) (participating agency) (collectively: the Parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section ($) 533; 42 U.S.C. S 3771; Title 28, Code of Federal Regulations (C.F.R.), S 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3.The purpose of this MOU is to delineate the responsibilities of the Seattle Child Exploitation Human Trafficking Task Force (CEHTTF) personnel; formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter-agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otheruvise by any third party against the parties, the United States, or the officérs, employees, agents, or other associated personnel thereof. MISSION The mission of the Child Exploitation Human Trafficking Task Force (CEHTTF) is to provide a rapid, proactive, and intelligence-driven investigative response to the sexualvictimization of children and other crimes against children within the FBI's jurisdiction; to identify and rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse; to reduce the negative impact of domestic and international parental rights disputes; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence-sharing, technical support, and investigative assistance. 5. The defined priority threats that are aligned with the mission of the CEHTTFs are a. Ch¡ld Abductions. Non-ransom child abductions. Domesticparentalkidnapping b. Sexual Exploitation of Children Enterprises Fon OrplclAL UsE Ot¡ly This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be'releíased without authorization Oy f et Éeadi¡uarters 4. Fon Orncrrr- Use Ouly 2 . Domestic Child Sex Trafficking. Online Networks and Enterprises c. Gontact Offenses Against Ghildren. Domestic travel with intent to engage in illegal sexual activity with a minor. Child Sex Tourism - travel abroad to engage in commercial sexual exploitation of a child under the age of 18.. Production of Child Pornography. Coercion/enticement of a minor d. Trafficking of Ghild Pornography. Mass Distribution of Child Pornography. Possession of Child Pornography e. lnternational Parental Kidnappingf. Other Crimes Against Children. All other crimes against children violations within the FBI's jurisdiction should be investigated in accordance with available resources.g. Human Trafficking Enterprises. Sex Trafficking. Labor Trafficking. Domestic Servitude SU PERVISION AND CONTROL A. Supervision Overall management of the CEHTTF shall be the shared responsibility of the FBI and participating agency heads and/or their designees. The Special Agent in Charge (SAC) of the FBI Seattle Division shall designate one Supervisory SpecialAgent (CEHTTF Supervisor) to supervise the CEHTTF. The CEHTTF Supervisor may designate a SpecialAgent to serve as the CEHTTF Coordinator. Either the CEHTTF Supervisor or the CEHTTF Coordinator shall oversee day{o-day operational and investigative matters pertaining to the CEHTTF. Conduct undertaken outside the scope of an individual's CEHTTF duties and assignments under this MOU shall not fall within the oversight responsibility of the CEHTTF Supervisor or CEHTTF Coordinator. As stated in paragraphTT, below, neitherthe United States northe FBI shall be responsible for such conduct. CEHTTF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the CEHTTF. The FBI and the participatlng agency may provide for overtime reimbursement by the FBI by separate written agreement. 10. All FBI personnel will adhere to the FBI's ethical standards, including Department of Justice (DOJyFBI regulations relating to outside employment and prepublication review matters, Fon Orncrel Use Oruly This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters 6 7 8 I Fon Orncnr- Use Oruly 3 and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 11. All CEHTTF personnel, which includes Task Force Officers, Task.Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations lnvestigative Guidelines (DIOG). 12. CEHTTF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU. 13. Continued assignment of personnel to the CEHTTF will be based on performance and at the discretion of appropriate management. The FBI SAC and CEHTTF Supervisor will also retain discretion to remove any individualfrom the CEHTTF. B. Gase Assignments 14. The FBI CEHTTF Supervisor will be responsible for opening, monitoring, directing, and closing CEHTTF investigations in accordance with existing FBI policy and the applicable U.S. Attorney General's Guidelines. 15. Assignments of cases to personnelwill be based on, but not limited to, experience, training, and performance, in addition to the discretion of the CEHTTF Supervisor. 16. For FBI administrative purposes, CEHTTF cases will be entered into the relevant FBI computer system. 17. CEHTTF personnel will have equal responsibility for each case assigned. CEHTTF personnelwill be responsible for complete investigation from predication to resolution C. Resource Control 18. The head of each participating agency shall determine the resources to be dedicated by that agency to the CEHTTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept apprised of investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 19. lt is agreed that matters designated to be handled by the CEHTTF will not knowingly be subject to non-CEHTTF law enforcement efforts by any of the participating agencies. lt is incumbent on each agency to make proper internal notification regarding the CEHTTF's existence and areas of concern. 20. It is agreed that there is to be no unilateral action taken on the part of the FBI or any FoR Orncrnl Use Orulv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters FoR Orprcrnl Usr O¡¡ly 4 participating agency relating to CEHTTF investigations or areas of concern as described in paragraph 3 All law enforcement actions will be coordinated and cooperatively carried out. 21. CEHTTF investigative leads outside of the geographic areas of responsibility for the FBI will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 22. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non- CEHTTF personnel will be limited to those situations where it is essential to the effective performance of the CEHTTF. These disclosures will be consistent with applicable FBI guidelines. 23. Non-FBl CEHTTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CEHTTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 24. ln those instances where a participating agency provides a CHS, the FBI may become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 25. The U.S. Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of CETF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 26. Operation, documentation, and payment of any CHS opened and operated in furtherance of a CEHTTF investigation must be in accordance with the U.S. Attorney General's Guidelines, regardless of whether the handling agency is an FBI CEHTTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CEHTTF investigations shall be maintained at an agreed upon location. C. Reports and Records 27. All investigative reporting will be prepared in compliance with existing FBI policy. All FBI materials and investigative records originate with, belong to, and will be maintained by the FBl. All information generated by the FBI will be controlled solely by the FBI and may not be removed from FBI space without the approval of the CEHTTF Supervisor, the CEHTTF Coordinator, or their designees. Subject to these and any other pertinent legal andior policy restrictions, copies of pertinent documents created by CEHTTF personnelwill be made available for inclusion in the respective investigative agencies'files as appropriate. 28. CEHTTF reports prepared in cases assigned to CEHTTF personnelwill be maintained at an FoR Or¡rcrlu Use Orulv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters Fon O¡ncnr- Use Ol,ll-y 5 FBI approved location; original documents will be maintained by the FBl. 29. Records and reports generated in CEHTTF cases which are opened and assigned by the CEHTTF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for CEHTTF. 30. CEHTTF investigative records maintained at the Seattle Field Office of the FBI will be available to all CEHTTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 31. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the CEHTTF investigations will be maintained by the FBl. The FBI's rules and policies governing the submission, retrieval, and chain of custody will be adhered to by CEHTTF personnel. 32. All CEHTTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to CEHTTF Supervisor approval. 33. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 34. The Parties acknowledge that this MOU may provide CEHTTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 andlor Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by CEHTTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 35. Dissemination of FBI information, to include FBI investigative records, must be done in accordance with federal law, Executive Orders, and Department of Justice and FBI regulations and policy. As FBI information, it may be disclosed outside the CEHTTF only with FBI permission and only in conformance with the provisions of federal laws and regulations, including the Freedom of lnformation Act, 5 U.S.C. Section 552, and the Privacy Act of 1974, 5 U.S.C. Section 552a, as well as applicable civil and criminal discovery privileges. This policy includes any disclosure of FBI information, including investigative records, to non-CEHTTF employees and officials of the participating agency. CEHTTF personnel may request approval to disseminate FBI information from the CEHTTF Supervisor, the CEHTTF Coordinator, or their designees. Likewise, CEHTTF personnel will not provide any participating agency information to the FBI that is not othenruise available to it unless authorized by appropriate participating agency officials. FoR Orprcrnl Use Orulv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Fon OrncrAL UsE Or.r-Y 6 36. Each Party that discloses Pll is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 37. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 38. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 39. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 40. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 41. CEHTTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 42. A determination will be made on a case-by-case basis whether the prosecution of CEHTTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the CEHTTF. 43. ln the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a CEHTTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 44. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to Fon Orprcrn¡- Use Orulv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters Fon Orncrel Use Ouy 7 venue for prosecution. 45. ln all cases assigned to state, county, or local law enforcement participants, the Parties agree to utilize federalstandards pertaining to evidence handling and electronic surveillance activities as outlined in the DIOG to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 46. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBl. B. Undercover Operations 47. All CEHTTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS.THAN.LETHAL.DEVICEST- 48. The parent agency of each individual assigned to the CEHTTF will ensure that while the individual is participating in FBI-led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less- lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 49. The parent agency of each individual assigned to the CEHTTF will ensure that the agency's policies and procedures for use of any less-lethaldevice that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less-Than-Lethal Devices.2 I Pursuant to Section Vlll of the DOJ Less-Than-Lethal Devices Policy dated May 16,2011, all state/local otficers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers.2 Less-lethal-When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less-lethal weapons to gain control of a subject. Less-lethal weapons are designed to induce a subject to submit or comply with directions. These weapons give law enforcement officers the ability to protect the safety of otficers, subjects, and the public by temporarily incapacitating subjects. White less-lethalweapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use. The term "less-than-lethal" is synonymous with "less-lethal", "non-lethal", "non-deadly", and Fon O¡¡rcrAL UsE Or.r-v This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Fon Orncrel Use Oulv I DEADLY FORCE AND SHOOTING INCIDENT POLICIES 50. CEHTTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 51. Local and state law enforcement personnel designated to the CEHTTF, subject to a limited background inquiry, shall be sworn as federal task force officers by acquiring Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the CEHTTF or until the termination of the CEHTTF, whichever comes first. 52. Deputized CEHTTF personnel will be subject to the rules and regulations pertaining to such deputation. AìCministrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 53. ln furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official CEHTTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy lmplementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to participating agency CEHTTF personnelwill require the execution of a separate Vehicle Use Agreement. 54. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to CEHTTF business. 55. The FBI and the United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by participating agency CEHTTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below: 56. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency CEHTTF personnel while engaged in any conduct other than their official duties and assignments under this MOU. other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than- Lethal Devices. "Less-lethal" is the industry standard and the terminology the FBI has elected to utilize in reference to this policy. Fon Or¡rcrnl Use Orulv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Fon Opncrel Use OrulvI 57. To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by participating agency CEHTTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVE RTI M E COM PE NSATION 58. The FBI and each participating agency remain responsible for all personnel costs for their CEHTTF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency, except as described in paragraph 59 below. 59. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal CEHTïF personnel assigned fulltime to CEHTTF, provided overtime expenses were incurred as a result of CEHTTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to CEHTTF, consistent with regulations and policy, prior to any reimbursement by the FBl. Othen¡vise, overtime shall be compensated in accordance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EOUIPMENT 60. Property utilized by the CEHTTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CEHTTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CEHTTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of CEHTTF, will be the financial responsibility of the agency supplying said property. FUNDING 61. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless othenruise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. Fon OpprclAl UsE Onlv This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters Fon Orncrnl Use OrulY 10 FORFEITURES 62. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with CEHTTF operations. 63. Asset forfeitures will be conducted in accordance with federal law and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to CEHTTF investigations may be equitably shared with the agencies participating in the CEHTTF DISPUTE RESOLUTION 64. ln cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CEHTTF's objectives. 65. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field levelfirst before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 66. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 67. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBlfinal approval. SELECTION TO CEHTTF AND SECURITY CLEARANCES 68. lf a participating agency candidate for the CEHTTF will require a security clearance, he or she will be contacted by FBI security personnelto begin the background investigation process prior to the assigned start date. 69. lf, for any reason, the FBI determines that a participating agency candidate is not qualified or eligible to serve on the CEHTTF, the participating agency will be so advised and a request will be made for another candidate. 70. Upon being selected, each candidate will receive a comprehensive briefing on FBlfield office security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBl. 71. Before receiving unescorted access to FBI space identified as an open storage facility, CEHTTF personnelwill be required to obtain and maintain a "Top Secret" security Fon Orprcnr- Use OrulY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters 4 FoR Orncrnl Use Orulv 11 clearance. CEHTTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 72. Upon departure from the CEHTTF, each individualwhose assignment to the CEHTTF is completed will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement to which he or she previously agreed. L¡ABILITY 73. The Parties acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the CEHTTF. 74. Each participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the CEHTTF or othenruise relating to the CEHTTF. Each participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the CEHTTF remains vested with his or her employing agency. ln the event that a civil claim or complaint is brought against a state or local officer assigned to the CEHTTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 75. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. S 1346(b) and $$ 2671- 2680: an individual assigned to the CEHTTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the U.S. Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. S 2679(dX2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. S 2679(dX2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case-by- case basis, and the FBI cannot guarantee such certification to any CEHTTF personnel. 76. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. S 1983 or Bivens v. Six Unknown Named Aqents of the Federal Bureau of Narcotics,403 U.S. 388 (1971): an individual assigned to the CEHTTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 Fon OrncrAL UsE Or,¡r-Y This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Fon Orncral Use Oruly 12 C.F.R. SS 50.15, 50.'16. Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counselfor the FBI Seattle Division, who will then coordinate the request with the FBI Office of the General Counsel. ln the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. S 50.15(cX4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any CEHTTF personnel. 77 . Liability for any conduct by CEHTTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 78. The term of this MOU is for the duration of the CEHTTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 79. Any participating agency may withdraw from the CEHTTF at any time by written notification to the CEHTTF Supervisor with designated oversight for investigative and personnel matters or program manager of the CEHTTF at least 30 days prior to withdrawal. 80. Upon termination of this MOU, all equipment provided to the CEHTTF will be returned to the supplying agency/agencies. ln addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CEHTTF participation. MODIFICATIONS 81. This agreement may be modified at any time by written consent of all involved agencies Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FoR Orr¡crAL UsE Oruuy This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters FOR OFFICIAL UsE ONLY 13 SLçN¿IIAEES Federal Bureau of lnvestigation ?e4á* V /saþor q EF a¿/- tb'n DateDepflitment ftàaO FOR OFF¡CIAL USE ONLY Thls docr¡ment is the proDeÉv of the FBI and is loaned to your agencY. Neiher it nor its contentE mai be rêldased without authoÉzation by FBI Fleadquarters.