Subpart 7-Collection of Civil Claims

of the United States Arising Out of the Activities of the National Aeronautics and Space Administration AUTHORITY: The provisions of this Subpart 7 issued under 42 U.S.C. 2473(b) (1).

SOURCE: The provisions of this Subpart 7 appear at 32 F.R. 6564, Apr. 28, 1967, unless otherwise noted.

§ 1204.700 Scope of subpart.

This subpart: (a) Sets forth certain procedures relating to the collection, compromise, suspension or termination of collection action, and referral, of civil claims of the United States arising out of the activities of the National Aeronautics and Space Administration (NASA); (b) designates NASA officials authorized to effect such actions; and (c) incorporates the "Joint Regulations Prescribing Standards for Administrative Collection, Compromise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property" (4 CFR Chapter II).

§ 1204.701 Incorporation of 4 CFR Chapter II.

The "Joint Regulations Prescribing Standards for Administrative Collection, Compromise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property" (4 CFR Chapter II) is hereby incorporated in and made a part of this subpart.

§ 1204.702 Delegation of authority.

(a) The following NASA officials are hereby delegated authority to take such action as is authorized by the provisions of this subpart and other applicable laws and regulations, including action to effect the collection, compromise, suspension or termination of collection action, and referral, of claims:

(1) With respect to claims which arise out of the activities of a NASA field installation: The Director of that installation or a designee reporting directly to him. A copy of each such designation, if any, by the Director of the installation shall be sent to the Director of Financial Management, NASA Headquarters, to assist him in fulfilling his functional responsibilities.

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(2) With respect to all other claims: The Director, Headquarters Administration Office or a designee reporting directly to him.

(b) For the purposes of this § 1204.702, "claim" means a civil claim of the United States, arising from the activities of NASA, for such an amount, or for such specific property, as has been determined by a cognizant NASA official (e.g., the contracting officer or the NASA Board of Contract Appeals, as may be appropriate, in regard to a claim against a contractor arising under a contract; or a Chief Counsel or the General Counsel or Deputy General Counsel, in regard to a claim arising from tortious injury to Government property).

§ 1204.703

Consultation with appropri

ate officials; negotiation.

The authority, pursuant to § 1204.702, to determine to forego the collection of interest, to accept payment of a claim in installments, or, as to claims which do not exceed $20,000 exclusive of interest, to compromise a claim or to refrain from doing so, or to suspend or terminate collection action or to refrain from such action shall be exercised only after consultation with the following NASA officials or their designees, who may be requested to negotiate the appropriate agreements or arrangements with the debtor:

(a) With respect to claims against contractors or grantees arising in connection with contracts or grants: The contracting officer.

(b) With respect to claims against commercial carriers for loss of or damage to in-transit NASA freight: The cognizant transportation officer, or the official who determined the amount of the claim, as appropriate.

(c) With respect to claims against employees of NASA incident to their employment: The personnel officer of the installation concerned.

(d) With respect to all other claims: The Chief Counsel of the installation concerned; or, in the case of such claims arising out of the activities of NASA Headquarters, the General Counsel.

§ 1204.704 Legal review.

The installation counsel's office shall review and concur in the following:

(a) All communications to and agreements with debtors relating to claims collection.

At the request of an official designated in or pursuant to § 1204.702, the Inspections Division (including regional inspectors) will, where practicable, conduct such investigations as may assist in the collection, compromise, or referral of claims of the United States, including investigations to determine the location and financial resources of debtors. § 1204.706 Execution of releases.

Upon receipt of full payment of a claim, or the amount in compromise of a claim as determined pursuant to this subpart, the official designated in or pursuant to § 1204.702 will, upon demand by the debtor, prepare and execute, on behalf of the United States, an appropriate release, which release shall include the provision that it shall be void if procured by fraud, misrepresentation, the presentation of a false claim, or mutual mistake of fact.

§ 1204.707 Fraud, false claims, misrepresentation.

Any claim as to which, in the opinion of an official designated in or pursuant to § 1204.702 or § 1204.703, there may be an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, shall be referred by such official to the Director, Inspections Division, NASA Headquarters, or to the nearest NASA regional inspector who after such investigation as may be appropriate shall:

(a) Refer the claim to the Department of Justice in accordance with the provisions of Part 101 of 4 CFR Chapter II; or

(b) If it is found that there is no such indication of fraud, the presentation of a false claim, or misrepresentation, return the claim to the official from whom it was received.

Subpart 8-Standards of Conduct for Employee Organizations and Code of Fair Labor Practices

AUTHORITY: The provisions of this Subpart 8 issued under Executive Order 10988 (3 CFR, 1959-1963 Comp. p. 521) and President's Memorandum of May 21, 1963 (Standards of Conduct for Employee Organizations and Code of Fair Labor Practices (3 CFR, 19591963 Comp. p. 848; 28 F.R. 5127–5132)).

SOURCE: The provisions of this Subpart 8 appear at 29 F.R. 3808, Mar. 27, 1964. § 1204.800 Scope of subpart.

This subpart sets forth NASA policies and procedures for the implementation of the President's Memorandum of May 21, 1963-Standards of Conduct for Employee Organizations and the Code of Fair Labor Practices (28 F.R. 5127-5132). § 1204.801

Policy.

(a) Primary reliance will be placed on informal settlement of differences and disputes by discussions between NASA management officials and employee organization representatives.

(b) Except in cases which are processed through an established grievance or appeal procedure, all hearings held in accordance with this Subpart 8 will be conducted by a hearing officer who is a NASA employee, but who is organizationally located outside the NASA installation concerned.

§ 1204.802

Standards of conduct for employee organizations.

(a) General. Part A of the President's Memorandum of May 21, 1963, "Standards of Conduct for Employee Organizations" (hereinafter referred to as the "Standards") shall apply to all employee organizations accorded informal, formal or exclusive recognition under Executive Order 10988 (3 CFR, 1959-1963 Comp. p. 521). An organization seeking recognition under Executive Order 10988 would have to meet the provisions of sections 2.2 and 2.4 of the "Standards."

(b) Meeting requirements of "Standards." An employee organization may meet the requirements of the "Standards" in one of the following ways:

(1) Stating, in writing, that it is a member of the AFL-CIO and that it is governed by and subscribes to the AFLCIO Codes of Ethical Practices; or

(2) Providing a copy of its constitution and by-laws which contain explicit and detailed provisions satisfying the "Standards;" or

(3) Providing a copy of the rules and regulations of its organization which have been officially adopted by the membership and which contain explicit and detailed provisions satisfying the "Standards."

(c) Requiring further evidence of compliance. Once an employee organization has placed itself on record as complying with the "Standards," either by action under subparagraph (b) of this section or by other action satisfactory to the NASA installation with which it wishes to deal, further evidence of compliance with the "Standards" should be sought only under the conditions described in section 2.4(a) of the "Standards."

(d) Proposing action in cases of noncompliance with "Standards." Denial, suspension or withdrawal of recognition because of failure on the part of an employee organization to conduct itself in accordance with the "Standards" shall be made only by the Administrator, National Aeronautics and Space Administration (NASA). Therefore, when information of the nature covered by section 2.4(a) of the "Standards" comes to the attention of a NASA installation, appropriate inquiry or investigation shall be made to develop all pertinent facts. A full and complete report will then be made to the Administrator, NASA, via the Director of Personnel, NASA.

(e) Denial, suspension or withdrawal of recognition. The authority for denying, suspending, or withdrawing recognition of any employee organization for failure to comply with the "Standards," for providing required hearings under section 2.4(b) of the "Standards," and for all necessary consultations with the Secretary of Labor in connection with such matters is retained by the Administrator, NASA. Decisions made by the Administrator, NASA, under this authority shall be binding on all NASA installations and on the employee organization involved. The Director of Personnel, NASA, will formulate such procedures, on an ad hoc basis, as may be required to assist the Administrator, NASA, in carrying out this responsibility. § 1204.803 Code of fair labor practices.

(a) General. Part B of the President's Memorandum of May 21, 1963"Code of Fair Labor Practices" (hereinafter referred to as the "Code") shall apply to all employee organizations which seek or are accorded informal, for

mal, or exclusive recognition under Executive Order 10988. The "Code" deals only with fair labor practices; it does not pertain to ethical and democratic practices for employee organizations covered by the "Standards." Enforcement of the "Code" shall be in accordance with the procedures set forth in this § 1204.803 and § 1204.804.

(b) Cases subject to established grievance or appeals procedure. (1) In cases initiated by a NASA employee or several employees with the same complaint, the established grievance procedure or appeals system, to the extent to which such procedure or system is applicable, shall be the exclusive procedure used.

(2) At the time a grievance or appeal is filed, the NASA employee or employees concerned will be required to specify, in writing, whether a fair labor practice complaint is involved and, if so, to indicate clearly the nature of the complaint. The employees filing the action shall not thereafter be allowed to process the same complaint under a different appeals procedure. This fact should be made clear to any employee or employees who appeal an action under the "Code."

(3) NASA employees who file an action under this subparagraph b through the NASA Grievance Procedure and who are not satisfied with the final decision as rendered in that procedure shall have the right of appeal to the Administrator, NASA. Such appeals will be:

(1) A review of the grievance record only,

(ii) Restricted to only that part of the grievance which relates to the alleged violation of the "Code," and

(iii) The final decision within NASA. (c) Cases involving any strike, work stoppage, slowdown, or related picketing. All cases involving any strike, work stoppage, slowdown, or related picketing against the Government of the United States will be governed by the following procedures:

(1) Action against individual employees. Individual employees who engage in any of these acts will be subject to established disciplinary procedures which will apply without regard to the "Code" and this Subpart 8,

(2) Action against employee organizations. When the Director of a NASA Field Installation, or the Deputy Associate Administrator for Administration at NASA Headquarters, has evidence that members of a recognized employee organization who are employed in the re

spective installation are engaging in any act prohibited by section 3.2(b) (4) of the "Code" he will immediately advise the head of the employee organization of this fact. If there is no evidence that the employee organization ordered, approved or authorized the prohibited act and prompt steps are taken by it to disavow the act and orders its members to cease their participation, no further action will be taken against the organization. However, if there is evidence that the employee organization ordered, approved, or authorized the prohibited act, the appropriate NASA official will promptly report all facts with respect to the matter to the Administrator, NASA, via the Director of Personnel, NASA. Decisions made by the Administrator, NASA, in these matters shall be binding upon the employee organizations involved.

(d) Applicability of special code enforcement procedures. Certain classes of complaints are not appropriate to be processed through established grievance or appeals procedures. Therefore, the "Special code enforcement procedures," set forth in § 1204.804 will be used in the following types of cases arising under the "Code:"

(1) Complaints filed by one employee organization against another employee organization,

(2) Complaints filed by one or more employee organizations against a NASA installation,

(3) Complaints filed by a NASA installation against one or more employee organizations, and

(4) Complaints filed by an employee or several employees against an employee organization under section 3.2(b) of the "Code."

§ 1204.804 Special code enforcement procedures.

(a) Processing complaints. Complaints charging fair labor practice violations of the type listed in § 1204.803 (d) will be processed under the "Special code enforcement procedures" as set forth in this 1204.804. All other cases arising under the "Code" will be processed through the applicable procedure as set forth in § 1204.803 (b) and (c). No employee organization may seek review of a given fair labor practices complaint under more than one procedure, either concurrently or sequentially.

(b) Use of informal methods. It is expected there will be maximum use of

(2) Be directed to the Administrator, NASA, via the Director of Personnel, NASA, and

(3) State in detail the incident or incidents which gave rise to the complaint.

A copy of the complaint must be furnished by the complainant to the party or parties to the proceeding.

(d) Procedures-(1) Step 1-preliminary review. Cases received will be reviewed by the Director of Personnel, NASA, and additional efforts will be made to resolve the matter by informal means. If the parties fail to come to an acceptable resolution, the Director of Personnel, NASA, will forward the case to the Administrator, NASA, with recommendation for a formal review.

(2) Step 2-formal review. Upon receipt of a case, the Administrator will designate an ad hoc Fair Labor Practice Review Officer (hereinafter referred to as the Review Officer) who will establish the facts of the case and recommend its disposition. The Review Officer will be a NASA employee who is organizationally located outside the NASA installation concerned. In carrying out his responsibility, the Review Officer will proceed in accordance with the applicable provisions of section 3.3 of the "Code" and the following procedures:

(1) The Review Officer will make a preliminary inquiry into the matter to determine if further investigation, including a hearing, is necessary to develop the facts.

(ii) If a hearing is determined to be necessary, the Review Officer will act as hearing officer using, as a general guide, the Civil Service Commission's Personnel Methods Series Pamphlet No. 16, "Conducting Hearings on Employee Appeals."

(iii) The Review Officer will set forth the results of the investigation or hearing, in writing, in the form of findings of fact, conclusions, and recommendations, and forward such report to the Administrator, NASA, for decision.

(3) Final Decision. The Administrator, NASA, will review the report and records of the case and will render a final decision consistent with the requirements of section 3.4 of the "Code". There is no appeal from this decision of the Administrator, NASA.

Subpart 9-Claims Against NASA or its Employees for Injury or Loss of Property or Personal Injury or Death-Applicable to Claims Accruing on or After January 18, 1967 1

AUTHORITY: The provisions of this Subpart 9 issued under 28 U.S.C. 2671-2680 and 42 U.S.C. 2473 (b) (13).

SOURCE: The provisions of this Subpart 9 appear at 32 F.R. 13321, Sept. 21, 1967, unless otherwise noted.

(a) Under the provisions of the Federal Tort Claims Act, as amended (see 28 U.S.C. 2671-2680), and subject to its limitations, the Administrator or his designee is authorized to consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or willful act or omission of any NASA employee while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. In exercising such authority the Administrator or his designee is required to act in accordance with regulations prescribed by the Attorney General

1 Appears at 32 F.R. 13321 as Subpart 8.

(28 CFR Subparts 14.1-14.11). An award, compromise, or settlement in excess of $25,000 may be effected only with the prior approval of the Attorney General or his designee.

(b) Under 42 U.S.C. 2473(b) (13) (A), NASA is authorized to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $5,000 or less against the United States for bodily injury or death or damage to or loss of real or personal property resulting from the conduct of NASA's functions as specified in 42 U.S.C. 2473(a). At the discretion of NASA, a claim may be settled and paid under this authority even though the United States could not be held legally liable to the claimant.

(c) Under 42 U.S.C. 2473(b) (13) (B), if NASA considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by 42 U.S.C. 2473(b) (13) (A), NASA may report the facts and circumstances of the claim to the Congress for its consideration.

(d) Under 28 U.S.C. 2679, the Attorney General of the United States shall defend any civil action or proceeding brought in any court against a Government employee for injury or loss of property or personal injury or death, resulting from the operation of a motor vehicle by such Government employee while acting within the scope of his office or employment. In effect, this legislation is designed to protect an employee driving a motor vehicle on Government business by converting such a civil court action or proceeding against the employee into a claim against the United States: Provided, That the employee was acting within the scope of his employment at the time of the accident. The remedy against the United States provided by 28 U.S.C. 2672 (administrative adjustment of claims) and 28 U.S.C. 1346 (b) (civil action against the United States) then becomes the plaintiff's exclusive remedy. § 1204.902

Definitions.

For the purposes of this subpart, the following definitions apply:

(a) Unless the context otherwise requires, “claim” means a claim for money damages against the United States arising out of the activities of NASA, for injury or loss of property, or personal injury or death. A claim "arises" at the place where the injury, loss, or death

occurs.

(b) The Chief Counsel of Langley