---
kind: "section"
citation: "34 C.F.R. § 60.1"
title: "34"
number: "60.1"
heading: "What are the policies of the Department regarding indemnification?"
url: "https://uscodex.org/cfr/34/60.1"
---

# §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 <I>employee</I> 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](/usc/5/3111.md).
  - (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)](#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.

## Notes

### Authority

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

### Source

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