Imágenes de páginas
PDF
EPUB

Sec. 1204.207 Evidence in support of claim. 1204.208 Recovery from carriers, insurers,

and other third parties. 1204.209 Computation of allowance. 1204.210 Settlement of claims. 1204.211 Annual reports to Congress.

APPENDIX C-MISCELLANEOUS STATUTORY

PROVISIONS (see § 1200.135–604) 1. House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service".

2. Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.

3. The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

4. The prohibitions against disloyalty and striking (5 U.S.C. 118p, 118r).

5. The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

6. The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of private or proprietary information (18 U.S.C. 1905).

7. The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 640).

8. The prohibition against the misuse of à Government motor vehicle or aircraft (5 U.S.C. 78(c)).

9. The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

10. The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (5 U.S.C. 637).

11. The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

12. The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

13. The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

14. The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

15. The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

16. The prohibition against proscribed political activities—The Hatch Act (5 U.S.C. 1181, and 18 U.S.C. 602, 603, 607, and 608).

Subpart 3—Tort Claims Regulations 1204.300 Scope of subpart. 1204.301 Lawsuits against NASA employees

arising out of their operation of motor vehicles in the course of

their employment. 1204.302 Procedures. 1204.303 Other claims-claims against the

United States or the National
Aeronautics and Space Admin-

istration. 1204.304 Claimant. 1204.305 Form of claim. 1204.306 Filing of claims. 1204.307 Evidence to be submitted by

claimant. 1204.308 Investigation of claims. 1204.309 Payment of claims. 1204.310 Acceptance of award or settlement

by claimant. 1204.311 Attorney's fees. 1204.312 NASA officials authorized to settle

tort claims.

Subpart 4-Small Business Policy 1204.400 Scope of subpart. 1204.401 Policy. 1204.402 Responsibility. 1204.402–1 Division of Procurement and

Supply, NASA Headquarters. 1204.402-2 NASA field installations. 1204.403 General requirements.

PART 1204-ADMINISTRATIVE

AUTHORITY AND POLICY

Subpart 5-Delegations and Designations 1204.500 Scope of subpart. 1204.501 Delegation of authority for real

property acquisition, manage

ment and disposal. 1204.502 Delegations of authority to the

Corps of Engineers, U.S. Army, concerning NASA land acquisi

tion activities. 1204.503 Determination and delegation of

authority concerning the grant

ing of easements. 1204.504 Determination and delegation of

authority concerning the granting of leaseholds, permits and

licenses in real property. 1204.505 Delegation of authority to execute

certificates of full faith and

credit. 1204.506 Delegation of Authority-NASA

Patent Matters. 1204.507 Delegation of authority to the

Corps of Engineers Board of
Contracts Appeals.

Subpart 1 - [Reserved) Subpart 2-Employees' Personal Property Claims Sec. 1204.200 Scope of subpart. 1204.201 Claimants. 1204.202 Maximum amount. 1204.203 Time limitations. 1204.204 Allowable claims. 1204.205 Unallowable claims. 1204.206 Submission of claims.

Subpart 6- Regulations Governing Reimburse

ment for Moving Expenses to Owners and Tenants of Land Acquired by the National

Aeronautics and Space Administration 1204.600 Scope of subpart. 1204.601 Definitions. 1204.602 Authority. 1204.603 Reimbursement. 1204.604 Examples of reimbursable items. 1204.605 Examples of nonreimbursable

items. 1204.606 Filing of applications. 1204.607 Limitation on amount of payment. 1204.608 Conditions of reimbursement.

Subpart 7- [Reserved] Subpart 8-Standards of Conduct for Employee

Organizations and Code of Fair Labor Prac

tices 1204.800 Scope of subpart. 1204.801 Policy. 1204.802 Standards of conduct for employee

organizations. 1204.803 Code of fair labor practices. 1204.804 Special code enforcement proce

dures.
Subpart 1-[Reserved)
Subpart 2—Employees Personal

Property Claims AUTHORITY: The provisions of this Subpart 2 Issued under the authority of 81 U.S.C. 240-242.

SOURCE: The provisions of this Subpart 2 appear at 30 F.R. 9811, Aug. 6, 1965, unless otherwise noted. § 1204.200 Scope of subpart.

This subpart prescribes regulations governing the settlement of claims against the National Aeronautics and Space Administration (NASA) for damage to, or loss of, personal property incident to service with NASA. $ 1204.201 Claimants.

(a) A claim for damage to, or loss of, personal property incident to service with NASA may be made only by:

(1) An officer or employee of the National Aeronautics and Space Administration;

(2) A member of the uniformed seryices (Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service) assigned to duty with or otherwise under the jurisdiction of NASA;

(3) The authorized agent or legal representative of a person named in subparagraph (1) or (2) of this paragraph; or

(4) The survivors of a person named i in subparagraph (1) or (2) of this paragraph in the following order of precedence: Spouse; children; father or mother, or both; or brothers or sisters, or both. Claims by survivors may be allowed whether arising before, concurrently with, or after the decedent's death, if otherwise covered by this Subpart 2.

(b) Employees of contractors with the United States and employees of nonappropriated fund activities are not included within the meaning of paragraph (a) (1) or (2) of this section.

(c) Claims may not be made by or for the benefit of a subrogee, assignee, conditional vendor, or other third party. 8 1204.202 Maximum amount.

The maximum amount that can be paid on any claim under Public Law 88–558 is $6,500. 1204.203 Time limitations.

(a) A claim may be allowed only if it accrued after August 31, 1964, and only if it is presented in writing within two years after it accrues. For the purposes of this Subpart 2, a claim accrues at the time of the accident or incident causing the loss or damage, or at such time as the loss or damage is or should have been discovered by the claimant through the exercise of due diligence.

(b) If a claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged, or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier. The dates of beginning and ending of such an armed conflict are the dates established by concurrent resolution of the Congress or by a determination of the President. $ 1204.204 Allowable claims.

(a) A claim may be allowed only it:

(1) The damage or loss was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, the members of his family, or his private employee (the standard to be applied is that of reasonable care under the circumstances);

(2) The possession of the property lost or damaged and the quantity possessed is determined to have been reasonable.

useful, or proper under the circum such structural damage, must contain stances; and

conclusive evidence that the damage was (3) The claim is substantiated by not caused by structural deficiency of the proper and convincing evidence.

trailer and that the trailer was not over(b) Claims which are otherwise al loaded. Claims for damage to, or loss lowable under this Subpart 2 shall not of, tires mounted on trailers will not be be disallowed solely because the property allowed, except in cases of collision, theft, was not in the possession of the claimant or vandalism. at the time of the damage or loss, or (4) Negligence of the Government. solely because the claimant was not the Claims may be allowed for damage to, or legal owner of the property for which the loss of, property caused by the negligent claim is made. For example, borrowed or wrongful act or omission of any emproperty may be the subject of a claim. ployee of the Government while acting

(c) Subject to the conditions in para within the scope of his office or employgraph (a) of this section and the other ment. provisions of this Subpart 2, any claim (5) Enemy action or public service. for damage to, or loss of, personal prop Claims may be allowed for damage to, or erty incident to service with NASA may loss of, property as a direct consequence be considered and allowed. The follow of: ing are examples of the principal types (i) Enemy action or threat thereof, or of claims which may be allowed, but these combat, guerrilla, brigandage, or other examples are not exclusive and other

belligerent activity, or unjust confiscatypes of claims may be allowed, unless tion by a foreign power or its nationals; excluded by $ 1204.205.

(ii) Action by the claimant to quiet (1) Property loss or damage in quar a civil disturbance or to alleviate a public ters or other authorized places. Claims disaster; or may be allowed for damage to, or loss of, (iii) Efforts by the claimant to save property arising from fire, flood, hurri human life or Government property. cane, other natural disaster, theft, or (6) Property used for benefit of the other unusual occurrence, while such Government. Claims may be allowed property is located at:

for damage to, or loss of, property when (1) Quarters within the 50 States or used for the benefit of the Government the District of Columbia that were as at the request of, or with the knowledge signed to the claimant or otherwise pro and consent of, superior authority. vided in kind by the United States;

(7) Clothing and accessories. Claims ; (ii) Quarters outside the 50 States may be allowed for damage to, or loss of, cand the District of Columbia that were clothing or accessories customarily worn occupied by the claimant, whether or not on the person, such as eyeglasses, hearing they were assigned or otherwise provided aids or dentures. in kind by the United States, except when the claimant is a civilian employee who is

$ 1204.205 Unallowable claims. a local inhabitant; or

Claims are not allowable for the fol(iii) Any warehouse, office, working lowing: area, hospital, or other place authorized (a) Unassigned quarters in United or apparently authorized for the recep States. Claims may not be allowed for tion or storage of property.

property loss or damage in quarters occu(2) Transportation or travel losses. pied by the claimant within the 50 States Claims may be allowed for damage to, or or the District of Columbia that were loss of, property incident to transporta not assigned to him or otherwise protion or storage pursuant to orders, or in vided in kind by the United States. connection with travel under orders, in (b) Money or currency. Claims may cluding property in the custody of a car not be allowed for loss of money or currier, an agent or agency of the Govern rency, except when lost incident to fire, ment, or the claimant.

flood, hurricane, other natural disaster, (3) House trailers. Claims may be al or by theft from quarters (as limited by lowed for damage to, or loss of, house paragraph (a) of this section). In intrailers and their contents under the stances of theft from quarters, it must provisions of subparagraph (2) of this be conclusively shown that the quarters paragraph (c). Claims for structural were locked at the time of the theft. damage to house trailers, other than that Reimbursement for loss of money or curcaused by collision, and damage to con rency is limited to an amount which is tents of house trailers resulting from determined to have been reasonable for

the claimant to have had in his posses $ 1204.206 Submission of claims. sion at the time of the loss.

(a) Claims shall be submitted in du(c) Government property. Claims

plicate on NASA Form 1204 (Employee's may not be allowed for property owned

Claim for Damage to, or Loss of, Perby the United States, except that for

sonal Property Incident to Service), which the claimant is financially re

copies of which are available from the sponsible to any agency of the Govern

Office of General Counsel at Headquarment other than NASA.

ters, the Office of the Chief Counsel at (d) Business property. Claims may

Field Installations, and such other offices not be allowed for property used in a

as may be designated by the head of an private business enterprise.

Installation. (e) Articles of extraordinary value.

(b) Employees at Headquarters shall Claims may not be allowed for valuable

submit their claims to the General Counarticles, such as cameras, watches, jew

sel or the Deputy General Counsel. Emelry, furs, or other articles of extraordi

ployees in the field shall submit their nary value, when shipped with household

claims to the cognizant counsel for their goods or as unaccompanied baggage

Installation or, if there is no such ofi(shipment includes storage). This pro

cial, to the General Counsel or the Dephibition does not apply to articles in the

uty General Counsel. personal custody of the claimant or ar

& 1204.207 Evidence in support of ticles properly checked, provided that

claim. reasonable protection or security measures have been taken by claimant.

(a) General. In addition to the in(f) Unserviceable property. Claims formation required on NASA Form 1204, may not be allowed for worn-out or un and any other evidence required by counserviceable property.

sel, the claimant will furnish the follow(g) Illegal possession. Claims may ing evidence when relevant: not be allowed for property acquired, (1) A corroborating statement from possessed, or transported in violation of the claimant's supervisor or other perlaw or in violation of applicable regu son or persons having personal knowllations or directives.

edge of the facts concerning the claim. (h) Estimate fees. Claims may not (2) A statement of any property reinclude fees paid to obtain estimates of covered or replaced in kind. repair, except when it is clear that an (3) An itemized bill of repair for propestimate could not have been obtained erty which has been repaired, or one or without paying a fee. In that case, the more written estimates of the cost of fee may be allowed only in an amount repairs from competent persons if the determined to be reasonable in relation property is repairable but has not been to the value of the property or the cost repaired. of the repairs.

(b) Specific classes of claims. Claims (i) Automobiles and other motor ve of the following types shall also be achicles. Claims may not be allowed for companied with the specific and detailed damage to, or loss of, automobiles and evidence listed below: other motor vehicles unless:

(1) Theft, burglary, etc. A statement (1) Such motor vehicles were required describing in detail the location where to be used for official Government busi the loss occurred and the facts and cirness (official Government business, as cumstances surrounding the loss, inused here, does not include travel be cluding evidence of larceny, burglary or tween quarters and place of duty, park housebreaking, such as breaking and ing of vehicles incident to such travel, entering, capture of the thief, recovery of or use of vehicles for the convenience of part of the stolen goods, police report, the owner); or

etc. In addition the statement must

contain evidence that the claimant ex. (2) Shipment of such motor vehicles

ercised due care in protecting his propto, from, or between overseas areas was

erty prior to the loss. Attention will be being furnished or provided by the Gov

given to the degree of care normally ernment; or

exercised in the locale of the loss due to (3) Such damage or loss was caused

any unusual risks involved. by the negligent or wrongful act or omis

(2) Transportation losses. A copy of sion of any employee of the Government

orders authorizing the travel, transportaacting within the scope of his office or

tion or shipment, or a certificate exemployment.

plaining the absence of such orders, and

stating their substance; all bills of lad recovery from the amount of such total

ing and inventories of property shipped; loss. For the purpose of this paragraph and a statement indicating the condi (d) the claimant's total loss is to be de- tion of the property when turned over termined without regard to the $6,500 to the carrier and when received from maximum set forth in § 1204.202. Howthe carrier.

ever, if the resulting amount, after mak$ 1204.208 Recovery from carriers, in.

ing this deduction, exceeds $6,500, the

claimant will be allowed only $6,500. surers, and other third parties.

(e) Transfer of rights. The claimant • (a) General NASA is not an insurer

shall assign to the United States, to the and does not underwrite all personal extent of any payment on his claim acproperty losses that an employee may cepted by him, all his right, title, and insustain. Employees are encouraged to terest in any claim he may have against carry private insurance to the maximum

any carrier, insurer, or other party arisextent practicable to avoid large losses ing out of the accident or incident on Cor losses which may not be recoverable which his claim against the United from NASA. The procedures set forth States is based. He shall also, upon rein this section are designed to en quest, furnish such evidence and other able the claimant to obtain the maxi

cooperation as may be required to enmum amount of compensation for his able the United States to enforce the loss or damage. Failure of the claimant claim. After payment on his claim by to comply with these procedures may the United States, the claimant shall, reduce or preclude payment of his claim upon receipt of any payment from a under this Subpart 2.

carrier, insurer, or other party, notify (b) Demand on carrier, contractor, counsel and pay the proceeds to the warehouseman, or insurer. When it ap United States to the extent required pears that property has been damaged under the provisions of paragraph (d). or lost under circumstances in which a of this section. carrier, warehouseman, contractor, or insurer may be responsible, the claimant

§ 1204.209 Computation of allowance. shall make a written demand on such (a) The amount allowed for damage. party, either befor: or af submitting a to or loss of any item of property may laim against NASA. The cognizant not exceed the cost of the item (either counsel, if requested, will assist in mak the price paid in cash or property, or the ng demand on the third party. No such value at the time of acquisition if not lemand need be made if, in the opinion acquired by purchase or exchange); and. yf the appropriate counsel, it would be there will be no allowance for replacempracticable or any recovery would be ment cost or for appreciation in the insignificant, or if circumstances pre value of the property. Subject to these lude the claimant from making timely limitations, the amount allowable is. lemand.

either: (c) Action subsequent to demand. A (1) The depreciated value, immediopy of the demand and of any related ately prior to the loss or damage, of orrespondence shall be submitted to property lost or damaged beyond ecoounsel. If the carrier, insurer, or other nomical repair, less any salvage value; hird party offers a settlement which is or ess than the amount of the demand, the (2) The reasonable cost of repairs, laimant shall consult with counsel be when property is economically repairore accepting the amount so offered. able, provided that the cost of repairs the claimant shall also notify counsel does not exceed the amount allowable romptly of any other action by such under subparagraph (1) of this parahird party, including settlement, partial graph. ettlement, or denial of liability.

(b) Depreciation in value is deter(d) Application of recovery. When mined by considering the type of article he amount recovered from a carrier, involved, its cost, its condition when asurer, or other third party is greater damaged or lost, and the time elapsed han or equal to the claimant's total loss between the date of acquisition and the s determined under this Subpart 2, no

date of damage or loss. ompensation is allowable under this (c) To the extent that he deems it ubpart 2. When the amount recovered appropriate, the General Counsel is au; less than such total loss, the allowable thorized to issue guides for determining mount is determined by deducting the the allowable compensation for specific

« AnteriorContinuar »