[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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?









Sec.

60.1 What are the policies of the Department regarding indemnification?

60.2 What procedures apply to requests for indemnification?



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



    Source: 54 FR 7148, Feb. 16, 1989, unless otherwise noted.





    (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.

    (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



[[Page 100]]



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)