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the claimant to have had in his possession at the time of the loss.

Claims

(c) Government property. may not be allowed for property owned by the United States, except that for which the claimant is financially responsible to any agency of the Government other than NASA.

(d) Business property. Claims may not be allowed for property used in a private business enterprise.

(e) Articles of extraordinary value. Claims may not be allowed for valuable articles, such as cameras, watches, jewelry, furs, or other articles of extraordinary value, when shipped with household goods or as unaccompanied baggage (shipment includes storage). This prohibition does not apply to articles in the personal custody of the claimant or articles properly checked, provided that reasonable protection or security measures have been taken by claimant.

(f) Unserviceable property. Claims may not be allowed for worn-out or unserviceable property.

(g) Illegal possession. Claims may not be allowed for property acquired, possessed, or transported in violation of law or in violation of applicable regulations or directives.

(h) Estimate fees. Claims may not include fees paid to obtain estimates of repair, except when it is clear that an estimate could not have been obtained without paying a fee. In that case, the fee may be allowed only in an amount determined to be reasonable in relation to the value of the property or the cost of the repairs.

(i) Automobiles and other motor vehicles. Claims may not be allowed for damage to, or loss of, automobiles and other motor vehicles unless:

(1) Such motor vehicles were required to be used for official Government business (official Government business, as used here, does not include travel between quarters and place of duty, parking of vehicles incident to such travel, or use of vehicles for the convenience of the owner); or

(2) Shipment of such motor vehicles to, from, or between overseas areas was being furnished or provided by the Government; or

(3) Such damage or loss was caused by the negligent or wrongful act or omission of any employee of the Government acting within the scope of his office or employment.

§ 1204.206

Submission of claims.

(a) Claims shall be submitted in duplicate on NASA Form 1204 (Employee's Claim for Damage to, or Loss of, Personal Property Incident to Service), copies of which are available from the Office of General Counsel at Headquarters, the Office of the Chief Counsel at Field Installations, and such other offices as may be designated by the head of an Installation.

(b) Employees at Headquarters shall submit their claims to the General Counsel or the Deputy General Counsel. Employees in the field shall submit their claims to the cognizant counsel for their Installation or, if there is no such official, to the General Counsel or the Deputy General Counsel.

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(a) General. In addition to the information required on NASA Form 1204, and any other evidence required by counsel, the claimant will furnish the following evidence when relevant:

(1) A corroborating statement from the claimant's supervisor or other person or persons having personal knowledge of the facts concerning the claim.

(2) A statement of any property recovered or replaced in kind.

(3) An itemized bill of repair for property which has been repaired, or one or more written estimates of the cost of repairs from competent persons if the property is repairable but has not been repaired.

(b) Specific classes of claims. Claims of the following types shall also be accompanied with the specific and detailed evidence listed below:

(1) Theft, burglary, etc. A statement describing in detail the location where the loss occurred and the facts and circumstances surrounding the loss, including evidence of larceny, burglary or housebreaking, such as breaking and entering, capture of the thief, recovery of part of the stolen goods, police report, etc. In addition the statement must contain evidence that the claimant exercised due care in protecting his property prior to the loss. Attention will be given to the degree of care normally exercised in the locale of the loss due to any unusual risks involved.

(2) Transportation losses. A copy of orders authorizing the travel, transportation or shipment, or a certificate explaining the absence of such orders, and

stating their substance; all bills of lading and inventories of property shipped; and a statement indicating the condition of the property when turned over to the carrier and when received from the carrier.

§ 1204.208 Recovery from carriers, insurers, and other third parties.

(a) General. NASA is not an insurer and does not underwrite all personal property losses that an employee may sustain. Employees are encouraged to carry private insurance to the maximum extent practicable to avoid large losses or losses which may not be recoverable from NASA. The procedures set forth in this section are designed to enable the claimant to obtain the maximum amount of compensation for his loss or damage. Failure of the claimant to comply with these procedures may reduce or preclude payment of his claim under this Subpart 2.

(b) Demand on carrier, contractor, warehouseman, or insurer. When it appears that property has been damaged or lost under circumstances in which a carrier, warehouseman, contractor, or insurer may be responsible, the claimant shall make a written demand on such party, either befor or after submitting a claim against NASA. The cognizant counsel, if requested, will assist in makng demand on the third party. No such lemand need be made if, in the opinion of the appropriate counsel, it would be mpracticable or any recovery would be nsignificant, or if circumstances prelude the claimant from making timely lemand.

(c) Action subsequent to demand. A copy of the demand and of any related correspondence shall be submitted to ounsel. If the carrier, insurer, or other hird party offers a settlement which is ess than the amount of the demand, the laimant shall consult with counsel bepre accepting the amount so offered. he claimant shall also notify counsel romptly of any other action by such hird party, including settlement, partial ettlement, or denial of liability. (d) Application of recovery. When he amount recovered from a carrier, surer, or other third party is greater han or equal to the claimant's total loss s determined under this Subpart 2, no ompensation is allowable under this ubpart 2. When the amount recovered less than such total loss, the allowable mount is determined by deducting the

recovery from the amount of such total loss. For the purpose of this paragraph (d) the claimant's total loss is to be determined without regard to the $6,500 maximum set forth in § 1204.202. However, if the resulting amount, after making this deduction, exceeds $6,500, the claimant will be allowed only $6,500.

(e) Transfer of rights. The claimant shall assign to the United States, to the extent of any payment on his claim accepted by him, all his right, title, and interest in any claim he may have against any carrier, insurer, or other party arising out of the accident or incident on which his claim against the United States is based. He shall also, upon request, furnish such evidence and other cooperation as may be required to enable the United States to enforce the claim. After payment on his claim by the United States, the claimant shall, upon receipt of any payment from a carrier, insurer, or other party, notify counsel and pay the proceeds to the United States to the extent required under the provisions of paragraph (d) of this section.

§ 1204.209 Computation of allowance.

(a) The amount allowed for damage. to or loss of any item of property may not exceed the cost of the item (either the price paid in cash or property, or the value at the time of acquisition if not acquired by purchase or exchange); and there will be no allowance for replacement cost or for appreciation in the value of the property. Subject to these limitations, the amount allowable is either:

(1) The depreciated value, immediately prior to the loss or damage, of property lost or damaged beyond economical repair, less any salvage value;

or

(2) The reasonable cost of repairs, when property is economically repairable, provided that the cost of repairs does not exceed the amount allowable under subparagraph (1) of this paragraph.

(b) Depreciation in value is determined by considering the type of article involved, its cost, its condition when damaged or lost, and the time elapsed between the date of acquisition and the date of damage or loss.

(c) To the extent that he deems it appropriate, the General Counsel is authorized to issue guides for determining the allowable compensation for specific

articles, the rates of depreciation to be applied to certain articles, and the maximum amounts allowable for certain types and quantities of property.

(d) Replacement of lost or damaged property may be made in kind whenever appropriate.

§ 1204.210 Settlement of claims.

The

(a) Settlement officials. (1) General Counsel and the Deputy General Counsel are authorized to settle (consider, ascertain, adjust, determine, and dispose of, whether by full or partial allowance or disallowance) any claim under this Subpart 2.

(2) The Chief Counsel assigned to a Field Installation is authorized to settle any claim under this Subpart 2, not exceeding $1,000, submitted by employees under the jurisdiction of that Installation. In addition, the Chief Counsel, Langley Research Center, is authorized to settle any such claim submitted by employees at the Wallops Station and the Chief Counsel, Western Operations Office, is authorized to settle any such claim submitted by employees at the Flight Research Center, the Pacific Launch Operations Office, and the NASA Resident Office-JPL. Claims arising in the field for more than $1,000 shall be investigated by the Chief Counsel and forwarded, with his report and recommendation thereon, to the General Counsel or the Deputy General Counsel for settlement.

(3) The General Counsel is authorized to designate counsel to settle claims for other field offices.

(b) Investigation of claims. The cognizant counsel shall conduct such investigation as may be appropriate in order to determine the validity of a claim. The services of the Inspections Division or the Safety Officer, Office of Administration, or other appropriate office may be utilized to assist in such investigation.

(c) Action by settlement official. (1) For each claim the cognizant counsel shall complete a report in duplicate on NASA Form 1204, and retain a claim file consisting of the original claim, his report, and any other relevant evidence or documents.

(2) When a claim is allowed in an amount acceptable to the claimant, the counsel shall prepare a "Voucher for Payment of Employees' Personal Property Claims" (NASA Form 1220), have it properly executed by the claimant, and forward it to the appropriate NASA fiscal or financial management office for pay

ment, with a copy of the approved claim (NASA Form 1204).

(3) When a claim is disallowed, or is partially allowed in an amount unacceptable to the claimant, the counsel shall notify the claimant in writing of the action taken and the reasons therefor. If the claimant is not satisfied with the action taken, he may, within 60 days after receipt of such notice, request reconsideration of his claim and he may submit any new or additional evidence that he feels to be pertinent to his claim. If such a claim has been disallowed by the Chief Counsel of a Field Installation, the claimant may request such reconsideration by either the Chief Counsel or the General Counsel, or both.

(d) Final and conclusive. The settlement of a claim under this Subpart 2, whether by full or partial allowance or disallowance, is final and conclusive. § 1204.211 Annual reports to Congress.

Public Law 88-558 provides that the head of each agency shall report once a year to Congress on claims settled under its authority, including in such report for each claim the name of the claimant, the amount claimed, and the amount paid. In order to comply with this requirement, the fiscal or financial management office at each Field Installation shall, in January of each year, forward to the Office of Financial Management at Headquarters a report containing the information in this section for each claim settled at that Installation during the preceding calendar year; and the Office of Financial Management shall prepare an agency-wide report and forward it to the Office of Legislative Affairs for submission to the Congress.

Subpart 3-Tort Claims Regulations

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

SOURCE: The provisions of this Subpart 3 appear at 29 F.R. 177, Jan. 8, 1964. § 1204.300 Scope of subpart.

(a) This subpart establishes proce lawsuits dures for the handling of against NASA employees for property damage, or personal injury, including death, resulting from the operation of a motor vehicle by a NASA employee in the scope of his employment and designates NASA officials authorized to receive and process relevant documents in such cases.

(b) This subpart establishes procedures for the submission and settlement of claims against the United States Government for bodily injury, death and property damage or loss cognizable under the Federal Tort Claims Act (28 U.S.C. 2671-2680) or the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(b) (13)) and designates NASA officials authorized to act upon such claims. § 1204.301 Lawsuits against NASA employees arising out of their operation of motor vehicles in the course of their employment.

28 U.S.C. 2679, as amended September 21, 1961, provides that the Attorney General of the United States shall defend any civil action which is brought in any court against a Government employee for damage to property or for personal injury, including 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 against the employee into an action against the United States, provided that the employee was acting within the scope of his employment at the time of the accident. The action against the United States then becomes the plaintiff's exclusive remedy.

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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 damage to property, or for 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, the employee (or his personal representative if the action is brought against 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, to the following officials:

(1) The General Counsel of NASA insofar as actions against employees of NASA Headquarters are concerned; or (2) The Chief Counsel of the NASA installation at which the employee is em

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ployed, 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 United States 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, 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 United States Attorney upon request.

In addition, the Chief Counsels shall submit copies of all such process, pleadings, reports and other documents submitted by them to the United States Attorney to the General Counsel, NASA Headquarters, who is hereby designated to receive all such documents on behalf of the Administrator, NASA. § 1204.303

Other claims-Claims against the United States or the National Aeronautics and Space Administration.

Under the authority of 28 U.S.C. 26712680 and 42 U.S.C. 2473 (b) (13), the National Aeronautics and Space Administration has authority, within specified limits, to settle claims for bodily injury, death and property damage, arising out of the activities of the National Aeronautics and Space Administration. Claims shall be submitted in accordance with the provisions of this subpart.

§ 1204.304 Claimant.

(a) If the property was insured and the insurer has a right of subrogation, in whole or in part, and if both the owner and the insurer desire to file a claim for their respective losses, they should join in one claim.

(b) Claims for bodily injury may be filed by the injured person or his agent or attorney.

(c) Claims for death may be filed by the personal representative of the decedent or by the administrator, executor,

or guardian. When filed by an agent or attorney, the claim must show the title or capacity of the person representing the claimant and be accompanied with evidence of the appointment of such person as agent, legal representative, executor, administrator, guardian, or other fiduci

ary.

§ 1204.305 Form of claim.

Claims should be prepared on (Standard Form 95) Claim for Damage or Injury. Copies of this form are available on request at NASA Headquarters or the appropriate field installation. All information requested therein should be given in detail. It is especially important that the amount claimed for property damage and for bodily injury be indicated in the space provided. Claims should be prepared in duplicate and signed.

§ 1204.306 Filing of claims.

(a) Claims covered by this subpart must be filed within two years after the accident or incident or death by the claimant.

(b) Claims should be submitted directly to the NASA installation whose employee is alleged to be responsible for the accident or incident, if known, or if not known, to the Office of General Counsel, National Aeronautics and Space Administration, Washington, D.C., 20546. § 1204.307 Evidence to be submitted by

claimant.

(a) General. The amount claimed on account of damage to or loss of property, or on account of bodily injury or death should, so far as possible, be substantiated by competent evidence. Supporting statements, estimates and the like should, if possible, be obtained from disinterested parties. All evidence should be submitted in duplicate. The original evidence or certified copies thereof should be attached to the original and copy of the claim.

(b) Personal injury or death. In support of claims for personal injury or death, the claimant should submit itemized bills for medical, hospital or burial expenses actually incurred; a statement from the claimant's or decedent's employer as to time and income lost from work; and a written report by the attending physician with respect to the nature and extent of treatment, the degree of disability, the period of hospitalization or incapacitation, and the prog

nosis as to future treatment, hospitalization, and other relevant matters.

(c) Damage to property. In support of claims for damage to property, the claimant should submit:

(1) An itemized receipt in the case of property which has been repaired.

(2) Itemized estimates of the cost of repairs from two reliable parties who specialize in such work, in the case of unrepaired property, or

(3) Corroborative statements from two reliable, qualified persons with respect to the cost, age of the property, and salvage value in the case where the property is not economically reparable. § 1204.308 Investigation of claims.

When a claim is received, the official designated in § 1204.312 shall conduct such investigation as may be appropriate for a determination of the validity of the claim. The services of an investigatory group or official at any NASA installation may be obtained to assist in such investigations.

§ 1204.309 Payment of claims.

When a claim is settled, the cognizant legal counsel will prepare Voucher for Payment of Tort Claims (NASA Form 616) or Voucher for Payment Under Federal Tort Claims Act (Standard Form 1145), as appropriate. The properly prepared form will be referred to the appropriate NASA installation fiscal or financial management office.

§ 1204.310 Acceptance of award or settlement by claimant.

The acceptance by the claimant of an award, adjustment, or settlement is final and conclusive on the claimant, and constitutes a complete release of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim. § 1204.311 Attorney's fees.

As part of any award or settlement, reasonable attorney's fees may be allowed out of, but not in addition to, the amount of the award or settlement. If the award or settlement is $500 or more, the fee shall not exceed 10 percent of the amount of the award or settlement.

§ 1204.312 NASA officials authorized to settle tort claims.

The following NASA officials are authorized to consider, ascertain, adjust, determine, and settle claims within the limits and to the extent permitted by the

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