(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)
Title 34 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.