Statement of Policy and Procedures Regarding Indemnification of Department of Commerce Employees

This final rule adds a statement of policy and procedures regarding indemnification of Department of Commerce employees. During the 1980s, largely in response to the flood of Bivens type lawsuits, Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), approximately a dozen agencies issued regulations establishing procedures and policies to indemnify their employees against personal liability for actions taken within the scope of their employment. The Justice Department's Office of Legal Counsel has issued several opinions upholding the legality of these regulations. In addition, there is a logical connection between the achievement of an agency's underlying mission and protecting the agency's employees from financial liability for actions taken within the scope of their employment. At present there is no Department of Commerce (the ``Department'') policy that allows for the payment of Department funds to indemnify Department employees who suffer adverse money judgments as a result of official acts, or for the settlement of personal damages claims by the payment of Department funds. This policy statement will permit such payment in appropriate cases as determined by the Secretary.