(a) The Department of the Treasury may indemnify, in whole or in part, a Department
employee (which for purposes of this regulation shall include a former employee) for
any verdict, judgment or other monetary award rendered against such employee,
provided the Secretary or his or her designee determines that (1) the conduct giving
rise to such verdict, judgment or award was within the scope of his or her
employment and (2) such indemnification is in the interest of the Department of the
(b) The Department of the Treasury may pay for the settlement or compromise of a
claim against a Department employee at any time, provided the Secretary or his or
her designee determines that (1) the alleged conduct giving rise to the claim was
within the scope of the employee's employment and (2) such settlement or compromise
is in the interest of the Department of the Treasury.
(c) Absent exceptional circumstances, as determined by the Secretary or his or her
designee, the Department will not entertain a request to indemnify or to pay for
settlement of a claim before entry of an adverse judgment, verdict or other
(d) When a Department employee becomes aware that he or she has been named as a
party in a proceeding in his or her individual capacity as a result of conduct
within the scope of his or her employment, the employee should immediately notify
his or her supervisor that such an action is pending. The supervisor shall promptly
thereafter notify the chief legal officer of the employee's employing component. The
employee shall immediately apprise the chief legal officer of his or her employing
component of any offer to settle the proceeding.
(e) A Department employee may request indemnification to satisfy a verdict,
judgment or monetary award entered against the employee or to compromise a claim
pending against the employee. The employee shall submit a written request, with
appropriate documentation including a copy of the verdict, judgment, award or other
order or settlement proposal, in a timely manner to the Secretary or his or her
designee for decision.
(f) Any payment under this section either to indemnify a Department employee or to
settle a claim shall be contingent upon the availability of appropriated funds for
the payment of salaries and expenses of the employing component.
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.