Rule2022-03058
Indemnification of Employees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Effective
February 15, 2022
Issuing agencies
National Foundation on the Arts and the HumanitiesNational Endowment for the Humanities
Abstract
The National Endowment for the Humanities (NEH) is adopting as final its proposed policy that permits indemnification of NEH employees in appropriate circumstances, as determined by the Chairperson of NEH or the Chairperson's designee, for claims made against NEH employees as a result of actions taken by them in the scope of their employment.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8430-8432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03058]
-----------------------------------------------------------------------
NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
National Endowment for the Humanities
45 CFR Part 1173
RIN 3136-AA45
Indemnification of Employees
AGENCY: National Endowment for the Humanities, National Foundation on
the Arts and the Humanities.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Endowment for the Humanities (NEH) is adopting as
final its proposed policy that permits indemnification of NEH employees
in appropriate circumstances, as determined by the Chairperson of NEH
or the Chairperson's designee, for claims made against NEH employees as
a result of actions taken by them in the scope of their employment.
DATES: This final rule is effective on February 15, 2022.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel, National Endowment for the
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202)
606-8322; <a href="/cdn-cgi/l/email-protection#1572707b767a607b667079557b707d3b727a63"><span class="__cf_email__" data-cfemail="caadafa4a9a5bfa4b9afa68aa4afa2e4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2021, NEH published in the Federal Register a
notice of proposed rulemaking (86 FR 71863), requesting public comment
on a proposed rule regarding indemnification of NEH employees. The
agency received
[[Page 8431]]
no comments. Accordingly, NEH is adopting the rule as proposed.
This policy permits, but does not require, NEH to indemnify an
employee who suffers an adverse verdict, judgment, or other monetary
award, provided that the act or omission giving rise to the award
occurred within the scope of the employee's employment, and that such
indemnification is in the interest of NEH, as determined by the
Chairperson or the Chairperson's designee. The policy also permits, but
does not require, NEH to settle a claim brought against an employee in
his or her individual capacity, upon a similar determination by the
Chairperson or the Chairperson's designee. This policy applies to
actions pending against NEH employees as of the effective date and to
actions commenced after that date.
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget for
review.
Executive Order 13132, Federalism
This rulemaking does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the National Government and the states, or on the distribution
of power and responsibilities among the various levels of government.
Executive Order 12988, Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and 3(b)(2) of Executive Order 12988. Specifically, this
rulemaking is written in clear language designed to help reduce
litigation.
Executive Order 13175, Indian Tribal Governments
Under the criteria in Executive Order 13175, NEH evaluated this
rulemaking and determined that it will not have any potential effects
on Federally recognized Indian Tribes.
Executive Order 12630, Takings
Under the criteria in Executive Order 12630, this rulemaking does
not have significant takings implications. Therefore, a takings
implication assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a significant adverse impact on a
substantial number of small entities, including small businesses, small
governmental jurisdictions, or certain small not-for-profit
organizations.
Paperwork Reduction Act of 1995
This rulemaking does not impose an information collection burden
under the Paperwork Reduction Act. This action contains no provisions
constituting a collection of information pursuant to the Paperwork
Reduction Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a Federal mandate that will result
in the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year.
National Environmental Policy Act of 1969
This rulemaking will not have a significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking will not be a major rule as defined in section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996. This
rulemaking will not result in an annual effect on the economy of $100
million or more, a major increase in costs or prices, significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and export markets.
E-Government Act of 2002
All information about NEH required to be published in the Federal
Register may be accessed at <a href="http://www.neh.gov">www.neh.gov</a>. The website
<a href="http://www.regulations.gov">www.regulations.gov</a> contains electronic dockets for NEH's rulemakings
under the Administrative Procedure Act of 1946.
Plain Writing Act of 2010
To ensure this proposed rule speaks in plain and clear language so
that the public can use and understand it, NEH modeled the language of
the proposed rule on the Federal Plain Language Guidelines.
List of Subjects in 45 CFR Part 1173
Administrative practice and procedure.
0
For the reasons set forth in the preamble, the National Endowment for
the Humanities amends 45 CFR chapter XI subchapter D by adding part
1173 to read as follows:
PART 1173--INDEMNIFICATION OF EMPLOYEES
Sec.
1173.1 Policy on employee indemnification
1173.2 [Reserved]
Authority: 5 U.S.C. 301.
Sec. 1173.1 Policy on employee indemnification.
(a) This part explains when the National Endowment for the
Humanities (NEH) will indemnify you, an employee or a former employee
of NEH, against a verdict, judgment, or other monetary award that a
court or other competent authority renders against you. When NEH
indemnifies you against a verdict, judgment, or other monetary award,
it means that NEH will pay the amounts that the court orders you to
pay.
(b) This part also explains when NEH will settle a claim (also
referred to as compromising a claim) that someone brings or threatens
to bring against you in court or before another competent authority. It
is only in exceptional circumstances that NEH will agree to settle a
claim before a court or other competent authority has entered a
verdict, judgment, or monetary award against you.
(c) In order for NEH to indemnify you or settle a claim:
(1) The verdict, judgment, or monetary award to be paid or the
claim to be settled must relate to something that you did (or failed to
do) within the scope of your employment with NEH; and
(2) The Chairperson of NEH or someone the Chairperson designates
(the Agency Official) must determine, as a matter of discretion, that
indemnifying you or settling the claim would be in the interest of NEH.
(d) If you become aware that someone has made or may make a claim
against you personally as a result of something that you did (or failed
to do) within the scope of your employment, you must immediately notify
the Office of the General Counsel.
(e) To request that NEH indemnify you or settle a claim against
you, you must submit a written request to the Office of the General
Counsel. You must include a copy of the verdict, judgment, monetary
award, or settlement proposal, as appropriate. The Office of the
General Counsel may consult about the matter with your supervisor,
other agency employees, and the Department of Justice.
(f) The Agency Official may waive the requirements of paragraphs
(d) and (e) of this section if it would be in the interest of NEH to do
so.
(g) If the Agency Official determines that NEH will indemnify you
or settle a
[[Page 8432]]
claim on your behalf, NEH's commitment will be subject to the
availability of appropriated funds. The Agency Official may impose
other conditions or limitations on the determination at his or her
discretion.
(h) If the Chairperson requests indemnification or settlement of a
claim, the General Counsel will perform the functions assigned to the
Chairperson under this section with respect to that request.
Sec. 1173.2 [Reserved]
Dated: February 9, 2022.
Samuel Roth,
Attorney-Advisor, National Endowment for the Humanities.
[FR Doc. 2022-03058 Filed 2-14-22; 8:45 am]
BILLING CODE 7536-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.