or action for damages arising out of an accident. The purpose of section 701(e) would be defeated if expert opinion testimony of Board employees, and their evaluations, conclusions, and recommendations which are reflected in the ultimate views of the Board expressed in its report concerning the cause of the accident and the prevention of future accidents, are admitted in evidence or used in any way in private litigation arising out of an aircraft accident. For the same reason, the use of employees' factual reports in private litigation arising out of accidents would defeat the purpose of section 701(e). Furthermore, the use of Board employees as experts to give opinion testimony in court would impose a serious administrative burden on the Board's investigative staff. Accordingly, no Board employee or former Board employee shall make public, by testimony in any suit or action arising out of an aircraft accident, information obtained by him in the performance of his official duties, except in accordance with the following provisions:

(a) Testimony of employees and former employees. Employees may serve as witnesses for the purpose of testifying to the facts observed by them in the course of accident investigations in those suits or actions for damages arising out of aircraft accidents in which an appropriate showing has been made that the facts desired to be adduced are not reasonably available to the party seeking such evidence by any other method, including the use of discovery procedures against the opposing party. Employees and former employees shall testify only as to facts actually observed by them in the course of accident investigations and shall respectfully decline to give opinion evidence as expert witnesses, their evaluations and conclusions, or testify with respect to recommendations resulting from accident investigations on the grounds that section 701(e) and this part prohibit their giving such testimony. Litigants are expected to obtain their expert witnesses from other sources.

(b) Use of reports. An employee or former employee may use his factual report solely to refresh his memory, and shall decline to read any portion thereof into the record or refer to it or comment with respect to its contents.

(c) Testimony by deposition and written interrogatories. Testimony of employees will be made available for use in suits or actions for damages arising out

of accidents through depositions or written interrogatories only. Normally, depositions will be taken and interrogatories will be answered at the Board's office to which the employee is assigned, at a time arranged with the employee reasonably fixed so as to avoid substantial interference with the performance of the duties of the employee concerned. Employees will not be permitted to appear and testify in court in suits or actions for damages arising out of accidents. Employees will be authorized to testify only once in connection with any investigation they have made of an accident. Consequently, when more than one law suit arises from the accident, it shall be the duty of counsel seeking the Board employee's deposition to ascertain the identity of all parties to the multiple law suits and their counsel and to advise them of the fact that a deposition has been granted so that they may be afforded an opportunity to participate therein.

(d) Request for testimony of employees. (1) A request for testimony of a Board employee relating to an aircraft accident by deposition, interrogatories, or appearance in court in actions other than those described in paragraph (c) hereof, shall be addressed to the General Counsel, who may approve or deny the request. Such request shall set forth the title of the case, the court, and the reasons for desiring the testimony, and shall limit the testimony sought to that available under the provisions of paragraph (a) of this section. The General Counsel shall attach to his approval such reasonable conditions as he may deem appropriate in order that the testimony shall be limited to factual matters as provided in paragraph (a) of this section, shall not interfere with the performance of the duties of the witnesses as set forth in paragraph (c) of this section, and shall otherwise conform to the policies of this part. Upon completion of a deposition, a copy of the transcript of testimony will be furnished at the expense of the party requesting the deposition to the General Counsel for the Board's files.

(2) A subpoena should not be served upon a Board employee in connection with the taking of his deposition.

(e) Request for testimony of former employees. It is not necessary to request approval for testimony of a former Board employee.

(f) Procedure in the event of a subpoena. If an employee has received a subpoena to appear and testify, a request

for approval of his deposition shall not be approved until the subpoena has been withdrawn. If any employee receives a subpoena to produce accident reports or underlying papers or to give testimony at a time and place specified therein as to accident information, the employee shall immediately notify the Director, Bureau of Aviation Safety. He shall give the data identifying the accident: the title of the case, the name of the judge, if available, and the title and address of the court; the date on which he is directed to appear; the name, address and telephone number, if available, of the attorney representing the party who caused the issuance of the subpoena; the scope of the testimony, if known, and whether or not the evidence is available elsewhere. The Director will immediately, upon receipt of notice that an employee has been subpoenaed, inform the General Counsel. The General Counsel will make

arrangements with the court to have the employee excused from testifying.

§ 435.5 Disclosure of information by testimony in State and local investigations.

Employees and former employees may testify in a coroner's inquest, grand jury, and criminal proceedings by a State or local government only as to the facts actually observed by them in the course of accident investigations and shall not give opinion evidence as expert witnesses or testify with respect to recommendations resulting from accident investigations. § 435.6 Release and disclosure of information pertaining to aircraft incidents not classified as accidents. Information secured by the Board in the investigation of an aircraft incident not classified as an aircraft accident may be released or disclosed upon request, but only in accordance with the provisions of SS 435.1 to 435.5.

National Aeronautics and Space Act of 1958 (72 Stat. 426, 42 U.S.C. 2451 et seq.), as amended (hereafter called the "Act"). § 1201.101 Purpose.

It is the purpose of the National Aeronautics and Space Administration under the Act to carry out the declared policy of the United States that aeronautical and space activities sponsored by the United States shall be the responsibility of, shall be directed by, and shall be under the control of a civilian agency, except to the extent that aeronautical and space activities are determined by the President to be peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States, which activities shall be the responsibility of the Department of Defense. § 1201.102

Functions.

In order to carry out the purposes of the Act, NASA is authorized to conduct research into the problems of flight within and outside the earth's atmosphere; to develop, construct, test, and operate aeronautical and space vehicles for research purposes; and to perform such other activities as may be required for the exploration of space. The term "aeronautical and space vehicles" means aircraft, missiles, satellites, and other space vehicles, manned and unmanned, together with related equipment, devices, components, and parts.

§ 1201.103 Administration.

(a) NASA is headed by an Administrator, who is appointed from civilian life by the President by and with the consent of the Senate. The Administrator is responsible under the supervision and direction of the President, for exercising all powers and discharging all duties of NASA and has authority and control over all personnel and activities of the

in NASA Headquarters, located in Washington, D.C. Directors of NASA field installations and other component installations are responsible for execution of NASA's programs, largely through contracts with research, development, and manufacturing enterprises. Certain types of research and development activities are conducted in NASA field installations and other component installations by Government-employed scientists, engineers, and technicians. NASA's basic organization consists of the Headquarters, 10 field installations, the Jet Propulsion Laboratory (a contractor-operated facility), and several component installations which report to heads of field installations or Headquarters offices.

Subpart 2-NASA Headquarters § 1201.200 Headquarters.

NASA Headquarters is comprised of (a) the Office of the Administrator; (b) four Program Offices, responsible for planning and directing NASA research and development programs; (c) the Office of Organization and Management, responsible for agencywide management and administrative processes; (d) 12 Functional Offices, which provide agencywide leadership in certain administrative and specialized areas; and (e) an Executive Secretariat.

§ 1201.201 Office of the Administrator.

(a) The Office of the Administrator consists of the Administrator, Deputy Administrator, and the Associate Deputy Administrator.

(b) The authority and responsibilities exercised by the Administrator and Deputy Administrator are set forth in § 1201.103.

(c) The Associate Deputy Administrator serves as a principal assistant to the Administrator and Deputy Administrator on matters requiring special emphasis or attention, and in the coordination and general supervision of activities of certain of the Assistant Administrators reporting to the Administrator and Deputy Administrator.

§ 1201.202 Headquarters Program Offices.

(a) General. The four Headquarters Program Offices are headed by Associate Administrators, who are responsible for planning and directing NASA's research and development programs in these respective areas of interest. Three of these offices also have overall management

responsibility for the field installations, the Jet Propulsion Laboratory, or component installations, that are engaged primarily in programs coming under the direction of the cognizant Program Office.

(b) Office of Advanced Research and Technology. (1) The Office of Advanced Research and Technology, headed by the Associate Administrator for Advanced Research and Technology, is responsible for NASA programs to provide technological knowledge for future aeronautical and space vehicle design, including research and advance technological development in aeronautics, spacecraft, and launch vehicle technology, nuclear and other propulsion systems, electronics, and supporting technological research. This Office coordinates NASA's total research program to insure its overall adequacy and to avoid undesirable duplication.

(2) This Office also exercises overall management responsibility over (1) the Ames Research Center (§ 1201.300 (b) (1)); (2) the Electronics Research Center (§ 1201.300 (b) (2)); (3) the Flight Research Center (§ 1201.300 (b) (3)); (4) the Langley Research Center (§ 1201.300 (b) (6)); (5) the Lewis Research Center (§ 1201.300 (b)(7)); and (6) the Space Nuclear Propulsion Office (§ 1201.500 (j)).

(c) Office of Manned Space Flight. (1) The Office of Manned Space Flight, headed by the Associate Administrator for Manned Space Flight, is responsible for directing NASA's efforts to develop and apply a manned space flight capability, including the development of large launch vehicles and spacecraft, and the launch, operational, logistic, life support, and related systems required for man to perform missions in space.

(2) This Office also exercises overall management responsibility over (1) the John F. Kennedy Space Center (§ 1201.300(b) (5)); (2) the Manned Spacecraft Center (§ 1201.300 (b) (8)); (3) the George C. Marshall Space Flight Center (§ 1201.300 (b) (9)); and (4) the NASADaytona Beach Operation (§ 1201.500 (a)).

(d) Office of Space Science and Applications. (1) The Office of Space Science and Applications, headed by the Associate Administrator for Space Science and Applications, is responsible for NASA programs relating to scientific explorations of space, and for communications meteoroligical, and related peaceful applications of space systems technology.

(2) This Office also exercises overall management responsibility over (1) the

Goddard Space Flight Center (§ 1201.300 (b) (4)); (2) the Wallops Station (§ 1201.300 (b) (10)); and (3) the Jet Propulsion Laboratory (§ 1201.400). In addition, the Voyager Project Office, located in Pasadena, Calif., reports directly to the Voyager Program Office within the Office of Space Science and Applications.

(e) Office of Tracking and Data Acquisition. The Office of Tracking and Data Acquisition, headed by the Associate Administrator for Tracking and Data Acquisition, is responsible for the development, availability, and operation of tracking and data acquisition facilities, systems, equipment, and instrumentation necessary to acquire, record, process, and transmit technical and scientific data for NASA programs. It is also responsible for management of NASA long-line communication system and for management and coordination of agencywide automatic data processing requirements.

§ 1201.203 Office of Organization and Management.

(a) General. The Office of Organization and Management, headed by the Associate Administrator for Organization and Management, has the principal responsibility for evaluating and strengthening agencywide management practices and policies related to NASA's programs and activities that are carried out within NASA or through industrial or university elements. In this connection, the Associate Administrator for Organization and Management is responsible to the Administrator for leadership and supervision in the areas of Administration, Industry Affairs, Technology Utilization, University Affairs, and other offices on which NASA operations depend for effectiveness.

(b) Office of Administration. The Office of Administration, headed by the Assistant Administrator for Administration, has agencywide responsibility (1) to achieve the most effective allocation and utilization of resources, such as funds, manpower, and capital facilities; and (2) to provide effective management support and services to technical program activities in such areas as management systems, budget formulation and execution, personnel management, safety, security, transportation, and logistics, occupational medicine, and accounting. The Assistant Administrator establishes policies and standards applicable to activities for which he has