[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR36.1]



[Page 114-115]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 36_INDEMNIFICATION OF HHS EMPLOYEES--Table of Contents

 

Sec.  36.1  Policy.







    (a) The Department of Health and Human Services may indemnify, in 

whole or in part, its employees (which for the purpose of this 

regulation includes former employees) for any verdict, judgment or other 

monetary award which is rendered against any such employee, provided 

that the conduct giving rise to the verdict, judgment or award was taken 

within the scope of his or her employment with the Department and that 

such indemnification is in the interest of the United States, as 

determined by the Secretary, or his or her designee, in his or her 

discretion.

    (b) The Department of Health and Human Services may settle or 

compromise a personal damage claim against its employee by the payment 

of available funds, at any time, provided the alleged conduct giving 

rise to the personal damage claim was taken within the scope of 

employment and that such settlement or compromise is in the interest of 

the United States, as determined by the Secretary, or his or her 

designee, in his or her discretion.

    (c) Absent exceptional circumstances, as determined by the Secretary 

or his or her designee, the Department will not entertain a request 

either to agree to indemnify or to settle a personal damage claim before 

entry of an adverse verdict, judgment or monetary award.

    (d) When an employee of the Department of Health and Human Services 

becomes aware that an action has been filed against the employee in his 

or her individual capacity as a result of conduct taken within the scope 

of his or her employment, the employee should immediately notify the 

Department that such an action is pending.

    (e) The employee may, thereafter, request either (1) indemnification 

to satisfy a verdict, judgment or award entered against the employee or 

(2) payment to satisfy the requirements of a settlement proposal. The 

employee shall submit a written request, with documentation including 

copies of the verdict, judgment, award or settlement proposal, as 

appropriate, to the head of



[[Page 115]]



his employing component, who shall thereupon submit to the General 

Counsel, in a timely manner, a recommended disposition of the request. 

The General Counsel shall also seek the views of the Department of 

Justice. The General Counsel shall forward the request, the employing 

component's recommendation and the General Counsel's recommendation to 

the Secretary for decision.

    (f) Any payment under this section either to indemnify a Department 

of Health and Human Services employee or to settle a personal damage 

claim shall be contingent upon the availability of appropriated funds of 

the employing component of the Department of Health and Human Services.



(Authority: 5 U.S.C. 301)



[53 FR 11280, Apr. 6, 1988]