[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR60.1]

[Page 99-100]
 
                           TITLE 34--EDUCATION
 
PART 60--INDEMNIFICATION OF DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents
 
Sec. 60.1  What are the policies of the Department regarding indemnification?

    (a)(1) The Department of Education may indemnify, in whole or in 
part, an employee for any verdict, judgment, or other monetary award 
rendered against the employee if--
    (i) The conduct giving rise to the verdict, judgment, or award 
occurred within the scope of his or her employment with the Department; 
and
    (ii) The indemnification is in the interest of the United States, as 
determined by the Secretary.
    (2) The regulations in this part apply to an action pending against 
an ED employee as of March 30, 1989, as well as to any action commenced 
after that date.
    (3) As used in this part, the term employee includes--
    (i) A present or former officer or employee of the Department or of 
an advisory committee to the Department, including a special Government 
employee;
    (ii) An employee of another Federal agency on detail to the 
Department; or
    (iii) A student volunteer under 5 U.S.C. 3111.

[[Page 100]]

    (4) As used in this part the term Secretary means the Secretary of 
the Department of Education or an official or employee of the Department 
acting for the Secretary under a delegation of authority.
    (b)(1) The Department may pay, in whole or in part, to settle or 
compromise a personal damage claim against an employee if--
    (i) The alleged conduct giving rise to the personal damage claim 
occurred within the scope of employment; and
    (ii) The settlement or compromise is in the interest of the United 
States, as determined by the Secretary.
    (2) Payment under paragraph (b)(1) of this section may include 
reimbursement, in whole or in part, of an employee for prior payment 
made by the employee under a settlement or compromise that meets the 
requirements of this section.
    (c) The Department does not indemnify or settle a personal damage 
claim before entry of an adverse verdict, judgment, or monetary award 
unless the Secretary determines that exceptional circumstances justify 
the earlier indemnification or settlement.
    (d) Any payment under this part, either to indemnify a Department of 
Education employee or to settle a personal damage claim, is contingent 
upon the availability of appropriated funds.

(Authority: 20 U.S.C. 3411, 3461, 3471, and 3474)