[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR15.31]

[Page 172-173]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 15--LEGAL PROCEEDINGS--Table of Contents
 
Subpart D--Statement of Policy and Procedures Regarding Indemnification 
                   of Department of Commerce Employees
 
Sec. 15.31  Policy.

    Source: 62 FR 19670, Apr. 23, 1997, unless otherwise noted.


    (a) The Department of Commerce may indemnify a present or former 
Department employee who is personally named as a defendant in any civil 
suit in state or federal court, or other legal proceeding seeking 
damages against a present or former Department employee personally, for 
any verdict, judgment or other monetary award

[[Page 173]]

which is rendered against such employee, provided that the conduct 
giving rise to the verdict, judgment or award was taken within the scope 
of his/her employment and that such indemnification is in the interest 
of the Department as determined by the Secretary or his/her designee.
    (b) The Department may settle or compromise a personal damage claim 
against a present or former employee by the payment of available funds 
at any time provided the alleged conduct giving rise to the personal 
property claim was taken within the employee's scope of employment and 
such settlement is in the interest of the Department as determined by 
the Secretary or his/her designee.
    (c) Absent exceptional circumstances, as determined by the Secretary 
or his/her designee, the Department will not consider a request either 
to indemnify or to settle a personal damage claim before entry of an 
adverse verdict, judgment or award.
    (d) Any payment under this section either to indemnify a present or 
former Department employee or to settle a personal damage claim shall be 
contingent upon the availability of appropriated funds of the Department 
of Commerce.