Research Center shall also be considered Chief Counsel of Wallops Station, and the Chief Counsel of the Western Support Office shall also be considered Chief Counsel of the Flight Research Center. (c) The term "General Counsel" means the NASA General Counsel, or, in his absence, the NASA Deputy General Counsel.

§ 1204.903 Claimant.

(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent or legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the parties individually as their respective interests appear, or jointly.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

§ 1204.904 Place of filing claim.

A claim arising in the United States should be submitted to the Chief Counsel of the NASA installation whose activitles are believed to have given rise to the claimed injury, loss, or death. If the identity of such installation is not known, or if the claim arose in a foreign country, the claim should be submitted to the General Counsel, National Aeronautics and Space Administration, Washington, D.C. 20546.

§ 1204.905 Form of claim.

(a) The official designated in § 1204.808 shall, prior to acting on a claim, require the claimant to submit a completed Standard Form 95.

(a) The circumstances alleged to have given rise to the claim, and the amount claimed, should, so far as possible, be substantiated by competent evidence. Supporting statements, estimates, and the like should, if possible, be obtained from disinterested parties. See 14 CFR Subpart 14.4 for guidance.

(b) In addition to the evidence and information required under paragraph (a) of this section, a claimant whose claim is being acted upon pursuant to 42 U.S.C. 2473(b) (13) shall be required to submit information as to the amount of money or other property received, or which the claimant may be entitled to receive, by reason of the claimed injury, loss, or death from persons other than NASA or NASA employees. (Such persons include, but are not limited to, insurers, employers, and persons whose conduct was a cause of the accident or incident.)

(c) Any document in other than the English language should be accompanied by an English translation.

§ 1204.907 Time limitations.

(a) A claim may not be acted upon pursuant to the Federal Tort Claims Act unless it is presented to NASA within 2 years after it accrued.

(b) A claim may not be acted upon pursuant to 42 U.S.C. 2473(b) (13) (A) or (B) unless it is presented to NASA within 2 years after the occurrence of the accident or incident out of which the claim arose.

(c) A claim shall be deemed to have been presented to NASA when NASA receives from a claimant or his duly authorized agent or legal representative an executed Standard Form 95 or other written notification of an incident or accident, accompanied by a claim in a sum certain.

Chief

Counsel deems

Act, as the appropriate. (2) Claims in excess of $1,000 shall be (1) acted upon pursuant to the Federal Tort Claims Act, provided that an award, compromise, or settlement in excess of $10.000 shall be effected only with the prior approval of the General Counsel, or (ii) forwarded to the General Counsel for action pursuant to 42 U.S.C. 2473(b) (13), if the Chief Counsel is of the opinion that the claim may be meritorious and otherwise suitable for settlement under such authority. A claim so forwarded should be accompanied by a report of the facts of the claim, based upon such investigation as may be appropriate, and a recommendation as to the action to be taken.

(b) Claims forwarded to the General Counsel pursuant to paragraph (a) of this section, or not within the scope of such paragraph, shall be acted upon by the General Counsel pursuant to the Federal Tort Claims Act or 42 U.S.C. 2473 (b) (13) (A) or (B), as the General Counsel deems appropriate.

§ 1204.909 Action under the Federal Tort Claims Act.

Where a claim is to be acted upon pursuant to the Federal Tort Claims Act, action shall be taken in accordance with 28 U.S.C. 2672, such other provisions of the Federal Tort Claims Act as may be applicable (see e.g., 28 U.S.C. 2680), and regulations prescribed by the Attorney General pursuant to 28 U.S.C. 2672. § 1204.910 Investigation of claims.

The official designated in § 1204.808 shall conduct such investigation of a claim as he deems appropriate. Such official may request any NASA office or other Federal agency to assist in the investigation.

§ 1204.911 Claims requiring Department of Justice approval or consultation. (a) When in the opinion of the official designated in § 1204.808 (a), Department of Justice approval or consultation may be required, pursuant to 28 CFR Subparts 14.1-14.11, in connection with a claim being acted upon, under the Federal Tort Claims Act, at a field installation, the following papers shall be forwarded to the General Counsel: (1) A short and concise statement of the facts of the claim; (2) copies of all relevant portions of the claim file; (3)

a statement of the recommendations or views of the forwarding official.

(b) A claim forwarded to the General Counsel in accordance with paragraph (a) of this section, or upon which the General Counsel is acting pursuant to § 1204.808(b), shall be referred to the Department of Justice when, in the opinion of the General Counsel, Department of Justice approval or consultation is required or otherwise is appropriate.

§ 1204.912 Action on approved claims.

(a) Upon settlement of a claim, the official designated in § 1204.808 will prepare, and have executed by the claimant, a Voucher for Payment of Tort Claims (NASA Form 616), if the claim has been acted upon pursuant to 42 U.S.C. 2672 (b) (13), or a Voucher for Payment under Federal Tort Claims Act (Standard Form 1145), if the claim has been acted upon pursuant to the Federal Tort Claims Act. The form as so prepared will then be refered to the congizant NASA installation fiscal or financial management office for further action as appropriate.

(b) When a claimant is represented by an attorney, both the claimant and his attorney will be designated as "payees" on the appropriate voucher, and the check will be delivered to the attorney whose address shall appear on the voucher.

(c) Acceptance by the claimant, his agent, or legal representative, of any award, compromise, or settlement made pursuant to this subpart shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. § 1204.913 Required notification in the event of denial.

Final denial of a claim shall be in writing and shall be sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with NASA's action, he may file suit in an appropriate US. District Court not later than 6 months after the date of mailing the notification.

§ 1204.914 Annual reports.

The Chief Counsel of each field installation shall, in February of each year, forward to the General Counsel, NASA Headquarters, a report providing the following information for each claim acted upon during the preceding calendar year: (a) The name of the claimant; (b) the amount of the claim; (c) the nature and alleged cause of the claimed injury or loss; (d) disposition of the claim, including grounds therefor.

§ 1204.915 Procedures for the handling of lawsuits against NASA employees arising out of their operation of motor vehicles in the course of their employment.

The following procedures shall be followed in the event that a civil action or proceeding is brought, in any court, against any employee of NASA (or against his estate), for injury or loss of property or personal injury or death, resulting from the employee's operation of a motor vehicle while acting within the scope of his office or employment:

(a) After being served with process or pleadings in such an action or proceeding, the employee (or the executor or administrator of his estate) shall immediately deliver all such process and pleadings or an attested true copy thereof, together with a fully detailed report of the circumstances of the accident giving rise to the court action or proceeding, to the following officials:

(1) The General Counsel insofar as actions or proceedings against employees of NASA Headquarters are concerned; or

(2) The Chief Counsel of the NASA installation at which the employee is employed, insofar as actions against other than NASA Headquarters employees are concerned.

(b) Upon receipt of such process and pleadings, the General Counsel or the Chief Counsel of the NASA installation receiving the same shall furnish to the U.S. attorney for the district embracing the place where the action or proceeding is brought and the Chief of the Torts Section, Civil Division, Department of Justice, the following:

(1) Copies of all such process and pleadings in the action or proceeding, promptly upon receipt thereof; and

(2) A report containing a statement of the circumstances of the incident giving rise to the action or proceeding, and all data bearing upon the question of whether the employee was acting within

the scope of his office or employment with NASA at the time of the incident, at the earliest possible date, or within such time as shall be fixed by the U.S. attorney upon request.

(c) A Chief Counsel acting pursuant to paragraph (b) of this section shall submit the following documents to the General Counsel, who is hereby designated to receive such documents on behalf of the Administrator:

(1) Copies of all process and pleadings submitted to a U.S. attorney in accordance with paragraph (b) of this section.

(2) In addition, where the action or proceeding is for damages in excess of $10,000, or where, in the opinion of the Chief Counsel, such action or proceeding involves a new precedent, a new point of law, or a question of policy, copies of reports and all other papers submitted to such U.S. attorney.

PART 1205-SPACE SCIENCE FLIGHT

(a) This subpart establishes the policy and responsibilities for reduction, analysis, preservation, and dissemination of data obtained from space science flight experiments.

(b) The provisions of this subpart apply to all data obtained from space science flight experiments recommended by the Space Science Steering Committee of National Aeronautics and Space Administration (NASA) and approved by the Associate Administrator for Space Science and Applications, NASA Headquarters. The policy and procedures for the conduct of the Space Science Program and the responsibilities for the selection

and support of scientific investigations and investigators are set forth in NASA Management Issuance 7100.1.

§ 1205.101 Policy.

(a) In conducting space science flight experiments, NASA shall seek to:

(1) Preserve the integrity of each investigation.

(2) Encourage the participation of the best qualified scientists.

(3) Make the results of investigations generally available to the scientific community at the earliest practicable time.

(b) NASA shall rely heavily on individual scientists in the United States (in and out of Government) to carry out a complete investigation by:

(1) Conceiving specific investigations. (2) Developing, when appropriate, the instrumentation for the investigation.

(3) Participating actively, wherever possible, in the actual conduct of the investigation.

(4) Reducing and analyzing the data obtained.

(5) Publishing their findings as soon as practicable and making their reduced data records available on a timely basis for use by others.

(c) A provision for the release of data obtained by the individual investigator from the investigation shall be included in an agreement with the individual investigator at the time the investigation is selected. NASA shall take such action as necessary to insure that data are released as required to meet scientific and technological needs.

(d) Foreign scientists participating in cooperative space science flight experiment projects shall be governed by the respective international agreements. § 1205.102

Definitions.

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

(a) Space science flight experiments. Investigations of natural phenomena of the earth and its environment, the moon, other planets, the sun, interplanetary space, and other celestial objects and regions made from, or in conjunction with aircraft, balloons, sounding rockets, earth satellites, space probes, and manned spacecraft for the purpose of increasing basic knowledge of these natural phenomena. The biological investigations involving both the search for extraterrestrial life and observation of the effects of space environment on

living organisms other than man are included.

(b) Original data records. Those records made by the various telemetering and/or tracking stations as part of the basic field operations and exposed film and data records returned by recovered spacecraft. These records will generally require specialized processing techniques to prepare them for further use or, as in the case of tracking data, to convert them into more meaningful terms.

(c) Returned samples. Recovered specimens of extraterrestrial material or terrestrial material exposed to space environment.

(d) Master data records. Those records obtained through specialized processing techniques from the original data records. They contain the original experiment information and supporting information such as orbital position, spacecraft attitude, and command and housekeeping data. Ground time, and where applicable, spacecraft time will have been correlated with these data. Extraneous and duplicate segments have been removed and the remainder is an organized, identified set of records, usually in a digital form, capable of direct entry into a computer.

(e) Experiment data records. Those records extracted from the master data records to provide the principal investigator with data associated only with his experiment.

(f) Reduced data records. Those records prepared from the experiment data records by the introduction of calibration factors, and the elimination of meaningless and duplicate portions of information. Records prepared from analysis of returned samples and photographs are also included. Visual data, such as photographs derived from data processing techniques, may also be considered as reduced data records. These records will contain the values of the quantities measured as functions of time, position and other appropriate parameters. It is from these records, or the tabulations and graphs prepared directly from them, that the investigator will develop his analysis and conclusions.

(g) Correlative data. Those records, such as magnetograms and ionograms from ground-based observatories, necessary for the analysis and evaluation of space science experiments.

(a) The Office of Space Science and Applications, NASA Headquarters. The Associate Administrator for Space Science and Applications is responsible for:

(1) Overall administration and operation of the Space Science Flight Experiments Program.

(2) Overall direction of the National Space Science Data Center (NSSDC) through the Director, Goddard Space Flight Center, Greenbelt, Md.

(3) Management of data reduction, analysis, preservation, and release functions concerning space science flight experiments.

(4) Issuance of implementing management instructions and guidelines consistent with the provisions of this subpart. The Director, Physics and Astronomy Programs, Office of Space Science and Applications, is responsible for program management of the NSSDC. (b) NASA Headquarters Program Offices. Each program director within Headquarters Program Offices is responsible for managing the data reduction, prime analysis and delivery of reduced data records to the NSSDC from space science flight experiments for which he has program management responsibility.

(c) Tracking and data systems management. The Goddard Space Flight Center and the Jet Propulsion Laboratory are responsible for development of master data records and experimenter data records and delivery of experimenter data records to the cognizant project management center.

(d) NASA field installation responsibility. NASA field installations assigned project management responsibility for unmanned flight projects or science systems/experiments development responsibility for manned flight projects are also responsible for:

(1) Insuring that the contracts or written agreements negotiated between the Principal Investigator's institution and the project management center specify the responsibility of the Principal Investigator for data reduction, prime analysis and delivery of reduced data records and necessary documentation to the NSSDC.

(2) Insuring that investigators on these projects fulfill the stipulations of the contracts or written agreements pertaining to the responsibilities described in subparagraph (1) of this paragraph (d).

(3) Delivery of experimenter data records to investigators on a timely basis.

(4) Insuring that the recovered specimens of terrestrial material exposed to space environment and the original data records or master data records are preserved until all meaningful information has been extracted from them and placed in the NSSDC.

(5) Providing the Associate Administrator for Space Science and Applications with the name of the individual who will be the field installation's focal point for matters pertaining to the NSSDC.

(e) Responsibilities of the Principal Investigator (NASA, non-NASA and foreign). At the time an investigation is approved for flight, the Principal Investigator will be notified in writing by the Office of Space Science and Applications, National Aeronautics and Space Administration, Washington, D.C. 20546, of his responsibilities for reduction, prime analysis, and delivery to NSSDC of reduced data records. These responsibilities (subject in the case of foreign scientists to the specifications of the governing international agreement) will include:

(1) Completion of data reduction and prime analysis of the data from his experiment within the period of time agreed upon between the Principal Investigator and the Associate Adand ministrator for Space Science Applications.

(2) Publication of the results of his analysis as soon as practicable.

(3) Preparation of reduced data records together with the necessary background information to make them usable by other scientists and delivery of a copy of the records and background information to the NSSDC on a schedule to be negotiated between the Principal Investigator's institution and the project management center.

(f) National Space Science Data Center. The Director, Goddard Space Flight Center, is responsible for management of the National Space Science Data Center, Goddard Space Flight Center, Greenbelt, Md. 20771. For functions and operation of the Center, see Appendix A to this subpart. The Data Center Director, appointed by the Director, Goddard Space Flight Center, is responsible for:

(1) Implementing the NASA project development plan for the operation of the National Space Science Data Center.