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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 reas hably 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 investi
gations. 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 infor.
mation pertaining to aircraft inci.
dents 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.
CHAPTER V-NATIONAL AERONAUTICS AND
Part 1201 Statement of organization and general information. 1202-1203 [Reserved] 1204 Administrative authority and policy. 1205 Space science flight experiments. 1206 Release of information and other agency records to members of the public. 1207 Standards of conduct. 1209 Boards and committees. 1210 Development work for industry in NASA wind tunnels and engine test
facilities. 1211 Extraterrestrial exposure. 1221 NASA official seal, insignia, official astronaut badges and flags. 1240 Inventions and contributions. 1241 Contract appeals. 1245 Patents. 1250 Nondiscrimination in Federally-assisted programs of NASA-effectuation of
Title VI of the Civil Rights Act of 1964.
PART 1201-STATEMENT OF ORGA
NIZATION AND GENERAL INFOR-
Subpart 1 - Introduction
Subpart 2-NASA Headquarters 1201.200 Headquarters. 1201.201 Office of the Administrator. 1201.202 Headquarters Program Offices. 1201.203 Office of Organization and Man
agement. 1201.204 Other Headquarters Functional
Offices. 1201.205 Executive Secretariat.
Subpart 4Jet Propulsion Laboratory
Subpart 5—NASA Component Installations 1201.500 General.
Subpart 6-Boards and Committees 1201.600 Boards and committees.
Subpart 7-General Information 1201.700 NASA Procurement Program. 1201.701 Federal Regional Report Centers.
AUTHORITY: The provisions of this part 1201 issued pursuant to 5 U.S.C. 552, as amended by P.L. 90–23.
SOURCE: The provisions of this Part 1201, appear at 32 F.R. 9524, July 1, 1967, unless otherwise noted.
Subpart 1 - Introduction $ 1201.100 Creation and authority.
The National Aeronautics and Space Administration was established by the
Subpart 3-NASA Field Installations 1201.300 General.
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 agency.
(b) NASA also has a Deputy Administrator, who is appointed from civilian life by the President by and with the consent of the Senate. The Deputy Administrator serves on a day-to-day basis as the Agency's general manager, under delegations of authority and responsibility from the Administrator, and, in his absence, the Deputy Administrator serves as Acting Administrator. $ 1201.104 Organization.
Overall planning, coordination, and control of NASA programs are vested
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 Of.
fices. (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, Goddard Space Flight Center (§ 1201.300 the Jet Propulsion Laboratory, or com- (b) (4)); (2) the Wallops Station ponent installations, that are engaged ($ 1201.300(b) (10)); and (3) the Jet primarily in programs coming under the Propulsion Laboratory (8 1201.400). In direction of the cognizant Program Office. addition, the Voyager Project Ofice, lo
(b) Office of Advanced Research and cated in Pasadena, Calif., reports directly Technology. (1) The Office of Advanced to the Voyager Program Office within the Research and Technology, headed by the Office of Space Science and Applications. Associate Administrator for Advanced (e) Office of Tracking and Data ACResearch and Technology, is responsible quisition. The Office of Tracking and for NASA programs to provide techno- Data Acquisition, headed by the Assological knowledge for future aeronautical ciate Administrator for Tracking and and space vehicle design, including re- Data Acquisition, is responsible for the search and advance technological devel- development, availability, and operation opment in aeronautics, spacecraft, and of tracking and data acquisition facillaunch vehicle technology, nuclear and ities, systems, equipment, and instruother propulsion systems, electronics, and mentation necessary to acquire, record, supporting technological research. This process, and transmit technical and Office coordinates NASA's total research scientific data for NASA programs. It is program to insure its overall adequacy also responsible for management of and to avoid undesirable duplication. NASA long-line communication system
(2) This Office also exercises overall and for management and coordination of management responsibility over (1) the agencywide automatic data processing Ames Research Center ($ 1201.300(b) requirements. (1)); (2) the Electronics Research Cen
$ 1201.203 Office of Organization and ter (§ 1201.300(b) (2)); (3) the Flight
Management. Research Center ($ 1201.300(b) (3)); (4) the Langley Research Center ($ 1201.300
(a) General. The Office of Organiza(b) (6)); (5) the Lewis Research Center tion and Management, headed by the ($ 1201.300(b) (7)); and (6) the Space
Associate Administrator for OrganizaNuclear Propulsion Office (8 1201.500(j)).
tion and Management, has the principal (c) Office of Manned Space Flight.
responsibility for evaluating and (1) The Office of Manned Space Flight, strengthening agencywide management headed by the Associate Administrator
practices and policies related to NASA's for Manned Space Flight, is responsible
programs and activities that are carried for directing NASA's efforts to develop
out within NASA or through industrial and apply a manned space flight capa
or university elements. In this connecbility, including the development of large
tion, the Associate Administrator for Orlaunch vehicles and spacecraft, and the
ganization and Management is responsilaunch, operational, logistic, life support,
ble to the Administrator for leadership and related systems required for man to
and supervision in the areas of Adminisperform missions in space.
tration, Industry Affairs, Technology (2) This Office also exercises overall Utilization, University Affairs, and other management responsibility over (1) the
offices on which NASA operations depend John F. Kennedy Space Center ($ 1201.
for effectiveness. 300(b) (5)); (2) the Manned Spacecraft
(b) Office of Administration. The OfCenter (8 1201.300(b) (8)); (3) the
fice of Administration, headed by the AsGeorge C. Marshall Space Flight Center
sistant Administrator for Administra($ 1201.300(b) (9)); and (4) the NASA
tion, has agencywide responsibility (1) Daytona Beach Operation ($ 1201.500
to achieve the most effective allocation
and utilization of resources, such as (a)). (d) Office of Space Science and Appli
funds, manpower, and capital facilities; cations. (1) The Office of Space Science
and (2) to provide effective management and Applications, headed by the Associ
support and services to technical proate Administrator for Space Science and
gram activities in such areas as manageApplications, is responsible for NASA ment systems, budget formulation and programs relating to scientific explora- execution, personnel management, tions of space, and for communications safety, security, transportation, and lometeoroligical, and related peaceful ap- gistics, occupational medicine, and acplications of space systems technology. counting. The Assistant Administrator
(2) This Office also exercises overall establishes policies and standards applimanagement responsibility over (1) the cable to activities for which he has