shall be effective as of the date of such notice; and

(iii) For any other reservations, exceptions, limitations, benefits, burdens, terms, or conditions which either the authorizing or granting official or both deem necessary to protect the interests of the United States.

(d) Deviations. If, in connection with a proposed granting of an easement, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or a Director of a field installation determines that a deviation from the restrictions in paragraph (c) of this section is appropriate, he may request authority for such deviation from the Administrator, NASA.

(e) Services of the Corps of Engineers. In exercising the authority herein granted, the Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at that time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Authorize the Corps of Engineers to execute, on behalf of NASA, grants of easements in real property, as provided for in paragraph H6 of the Corps of Engineers-NASA agreement contained in NASA Management Instruction 2-3-26.

[29 FR 17892, Dec. 17, 1964]

§ 1204.504 Determination and delegation of authority concerning the granting of leaseholds, permits and licenses in real property.

(a) Scope. This section delegates to the following NASA officials authority to grant such leaseholds, permits and licenses in real property as are determined in this section not to be adverse to the intere. ts of the United States:

(1) Deputy Associate Administrator for Programming, NASA Headquarters;

(2) Institutional Directors (see paragraph (b)(3)); and

(3) Directors of NASA field installations.

(b) Definitions. For the purposes of this section the following definitions will apply:

(1) The term "real property” means land, buildings, other structures and improvements, appurtenances and fixtures located thereon.

(2) The term "interest in real property" means a leasehold, permit or li

cense.

(3) The term "Institutional Director" is the title applied to the Associate Administrator for Manned Space Flight, Associate Administrator for Space Science and Applications, Associate Administrator for Advanced Research and Technology and the Deputy Associate Administrator for Industry Affairs in their respective roles as the Headquarters manager of the field installations assigned to them.

(c) Determination. I hereby determine that grants of leaseholds, permits or licenses made in accordance with the provisions or this section will not be adverse to the interests of the United States.

(d) Delegation of authority. The Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations with respect to real property under their supervision and management may, subject to the restrictions set forth in paragraph (e) of this section, grant interests in real property (as defined in paragraph (b)(3) of this section) to any person or organization, including other Government Agencies, a State or political subdivision or agency thereof: Provided, however, That this authority may not be exercised with respect to real property which is excess within the meaning of 40 U.S.C. 472(e).

(e) Restrictions. Except as otherwise specifically provided, no such interest in real property shall be granted under the authority stated in paragraph (d) of this section unless:

(1) The Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned determines:

(i) That the interest in real property to be granted is not required for a NASA program, and

(ii) That the grantee's exercise of rights under such interest will not interfere with NASA operations; and

(2) Fair value in money is received by NASA on behalf of the Government as consideration for the grant of such interest; and

(3) The instrument granting such interest provides:

(i) For a term not to exceed five years;

(ii) For the termination thereof, in whole or in part, and without cost to the Government if there has been:

(a) A failure to comply with any term or condition of the grant; or

(b) A determination by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned that the interests of the national space program, the national defense, or the public welfare require the termination of the interest granted; and a 30-day notice, in writing, to the grantee that such determination has been made;

(iii) That written notice of such termination shall be given to the grantee (or its successors or assigns) by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or the Director of the field installation concerned, and that termination shall be effective as of the date specified by such notice; and

(iv) For any other reservations, exceptions, limitations, benefits, burdens, terms or conditions which the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned deems necessary to protect the interest of the United States.

(f) Deviat ns. If, in connection with a proposed ant of an interest in real property, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or a Director of a field installation determines that a deviation from the restrictions set forth in paragraph (e) of this section is ap

propriate, he may submit a request therefor to the Associate Administrator, NASA Headquarters, who is hereby authorized to approve such deviations to the extent authorized by law.

neers.

(g) Services of the Corps of EngiIn exercising the authority herein granted, the Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at the time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Delegate authority to the Corps of Engineers to execute, on behalf of NASA, any grants of interests in real property as authorized in this section, provided that the conditions set forth in paragraphs (e) and (f) of this section are complied with.

[29 FR 8142, June 26, 1964]

§ 1204.505 Delegation of authority to execute certificates of full faith and credit.

(a) Scope. This section designates NASA officials authorized to certify NASA documents to be submitted in evidence in Federal Courts.

(b) Delegation of authority. The following NASA Headquarters officials are delegated authority to execute certificates of full faith and credit (Office of the Administrator section of NASA Form 955) certifying the signatures and authority of employees of the National Aeronautics and Space Administration, whenever such certification is required to authenticate copies of official records for possible admission in evidence in judicial proceedings pursuant to 28 U.S.C. 1733 or any other statute:

(1) General Counsel;

(2) Deputy General Counsel; (3) [Reserved];

(4) Assistant General Counsels.

[29 FR 6319, May 14, 1964, as amended at 39 FR 25229, July 9, 1974; 43 FR 34122, Aug., 3, 1978]

60-037 0-80--4

§ 1204.506 [Reserved]

§ 1204.507 Delegation of authority to the Corps of Engineers Board of Contract Appeals.

(a) Determination. The Corps of Engineers Board of Contract Appeals, Office of the Chief of Engineers, United States Army (hereinafter referred to as the Board), is authorized to act for and exercise the full authority of the Administrator of the National Aeronautics and Space Administration in all cases in which by the terms of a Corps of Engineers' lease of NASA real property the lessee may appeal to the Administrator of NASA or his representative from the findings of fact and final decision of the contracting officer or his authorized representative.

(b) Delegation of authority. The Board shall have all powers necessary for the proper performance of its duties. This includes but is not limited to authority to conduct hearings, dismiss proceedings, order the production of documents and other evidence, take official notice of facts within general knowledge, and decide all questions of fact and law raised by the appeal. There shall be no administrative appeal from decisions of the Board.

(c) Counsel to represent the interests of the Government in proceedings before the Board shall be designated in accordance with current procedures of the Corps of Engineers as they may be amended from time to time.

[30 FR 3378, Mar. 13, 1965]

§ 1204.508 Delegation of authority of certain civil rights functions to Department of Health, Education, and Welfare.

(a) Pursuant to the authority of § 1250.111(c) of this chapter, the following responsibilities of the National Aeronautics and Space Administration and of the responsible NASA oficial under Title VI, Civil Rights Act of 1964 (78 Stat. 252) (42 U.S.C. 2000d), with respect to institutions of higher education were delegated by the Administrator, NASA, to the Secretary, Department of Health, Education, and Welfare, on March 15, 1966:

(1) Responsibilities with respect to compliance reports, including receiving and evaluation thereof under § 1250.105(b) of this chapter, and other actions under § 1250.105 of this chapter.

(2) All actions under § 1250.106 of this chapter, including periodic compliance reviews, receiving of complaints, investigations, determination of recipient's apparent failure to comply, and resolution of matters by informal means.

(b) NASA specifically has reserved to itself the responsibilities for effectuation of compliance under §§ 1250.107, 1250 108, and 1250.109 of this chapter.

(c) The responsibilities so delegated were and are to be exercised in accordance with the "Plan for Coordinated Enforcement Procedures for Higher Education" (dated February 1966), developed by interested Government agencies and approved by the Department of Justice; and redelegation by the Secretary to other officials of the Department of Health, Education, and Welfare was authorized.

(d) NASA has retained the right to exercise these responsibilities itself in special cases with the agreement of the appropriate official in the Department of Health, Education, and Welfare. The Office of Grants and Research Contracts, NASA Headquarters, has been designated to represent NASA in carrying out the provisions of this delegation.

[32 FR 3883, Mar. 9, 1967]

EXTRATERRESTRIAL EXPOSURE

§ 1204.509 Power and authority-to exercise authority with respect to extraterrestrial exposure.

(a) Delegation. The Associate Administrator for Manned Space Flight and the Associate Administrator for Space Science and Applications are hereby authorized to execute within their respective assigned program responsibilities the administrative actions specified in § 1211.104(a) of this chapter, subject to the limitations prescribed in Part 1211 of this chapter.

(b) Redelegation. Authority may be redelegated in writing to subordinate

officials with the power of further redelegation.

(c) Reporting. The officials to whom authority is delegated in this section shall insure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder.

[34 FR 11974, July 16, 1969]

Subpart 6-[Reserved]

Subpart 7-Collection of Civil Claims of the United States Arising Out of the Activities of the National Aeronautics and Space Administration

AUTHORITY: 42 U.S.C. 2473(b)(1).

SOURCE: 32 FR 6564, Apr. 28, 1967, unless otherwise noted.

§ 1204.700 Scope of subpart.

This subpart:

(a) Sets forth certain procedures relating to the collection, compromise, suspension or termination of collection action, and referral, of civil claims of the United States arising out of the activities of the National Aeronautics and Space Administration (NASA);

(b) Designates NASA officials authorized to effect such actions; and

(c) Incorporates the "Joint Regulations Prescribing Standards for Administrative Collection, Compromise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property" (4 CFR Chapter II).

§ 1204.701 Incorporation of 4 CFR Chapter II.

The "Joint Regulations Prescribing Standards for Administrative Collection, Comp omise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property” (4 CFR, Chapter II) is hereby incorporated in and made a part of this subpart.

§ 1204.702 Delegation of authority.

(a) The following NASA officials are hereby delegated authority to take such action as is authorized by the provisions of this subpart and other applicable laws and regulations, including action to effect the collection, compromise, suspension or termination of collection action, and referral, of claims:

(1) With respect to claims which arise out of the activities of a NASA field installation: The Director of that installation or a designee reporting directly to him. A copy of each such designation, if any, by the Director of the installation shall be sent to the Director of Financial Management, NASA Headquarters, to assist him in fulfilling his functional responsibilities.

(2) With respect to all other claims: The Director, Headquarters Administration Office or a designee reporting directly to him.

(b) For the purposes of this § 1204.702, "claim" means a civil claim of the United States, arising from the activities of NASA, for such an amount, or for such specific property, as has been determined by a cognizant NASA official (e.g., the contracting officer or the NASA Board of Contract Appeals, as may be appropriate, in regard to a claim against a contractor arising under a contract; or a Chief Counsel or the General Counsel or Deputy General Counsel, in regard to a claim arising from tortious injury to Government property).

§ 1204.703 Consultation with appropriate officials; negotiation.

The authority, pursuant to § 1204.702, to determine to forego the collection of interest, to accept payment of a claim in installments, or, as to claims which do not exceed $20,000 exclusive of interest, to compromise a claim or to refrain from doing so, or to suspend or terminate collection action or to refrain from such action shall be exercised only after consultation with the following NASA officials or their designees, who may be requested to negotiate the appropriate agreements or arrangements with the debtor:

(a) With respect to claims against contractors or grantees arising in co

nection with contracts or grants: The contracting officer.

(b) With respect to claims against commercial carriers for loss of or damage to in-transit NASA freight: The cognizant transportation officer, or the official who determined the amount of the claim, as appropriate.

(c) With respect to claims against employees of NASA incident to their employment: The personnel officer of the installation concerned.

(d) With respect to all other claims: The Chief Counsel of the installation concerned; or, in the case of such claims arising out of the activities of NASA Headquarters, the General Counsel.

§ 1204.704 Legal review.

The

office

installation counsel's shall review and concur in the following.

(a) All communications to and agreements with debtors relating to claims collection.

(b) All determinations to compromise a claim, or to suspend or terminate collection action.

(c) All referrals of claims, other than referrals to the Department of Justice pursuant to § 1204.707(a).

(d) All documents releasing debtors from liability to the United States.

(e) All other actions relating to the collection of a claim which in the opinion of the official designated in or pursuant to § 1204.702 may affect the rights of the United States.

§ 1204.705 Services of Inspections Division.

At the request of an official designated in or pursuant to § 1204.702, the Inspections Division (including regional inspectors) will, where practicable, conduct such investigations as may assist in the collection, compromise, or referral of claims of the United States, including investigations to determine the location and financial resources of debtors.

§ 1204.706 Execution of releases.

Upon receipt of full payment of a claim, or the amount in compromise of a claim as determined pursuant to this subpart, the official designated in or pursuant to § 1204.702 will, upon

demand by the debtor, prepare and execute, on behalf of the United States, an appropriate release, which release shall include the provision that it shall be void if procured by fraud, misrepresentation, the presentation of a false claim, or mutual mistake of fact. § 1204.707 Fraud, false claims, misrepresentation.

Any claim as to which, in the opinion of an official designated in or pursuant to § 1204.702 or § 1204.703, there may be an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, shall be referred by such official to the Director, Inspections Division, NASA Headquarters, or to the nearest NASA regional inspector who after such investigation as may be appropriate shall:

(a) Refer the claim to the Department of Justice in accordance with the provisions of Part 101 of 4 CFR Chapter II; or

(b) If it is found that there is no such indication of fraud, the presentation of a false claim, or misrepresentation, return the claim to the official from whom it was received.

Subpart 8-Standards of Conduct for Employee Organizations and Code of Fair Labor Practices

AUTHORITY: Executive Order 10988 (3 CFR, 1959-1963 Comp. p. 521) and President's Memorandum of May 21, 1963 (3 CFR, 1959-1963 Comp. p. 848; 28 FR 51275132).

SOURCE: 29 FR 3808, Mar. 27 1964.

§ 1204.800 Scope of subpart.

This subpart sets forth NASA policies and procedures for the implementation of the President's Memorandum of May 21, 1963-Standards of Conduct for Employee Organizations and the Code of Fair Labor Practices (28 FR 5127-5132).

§ 1204.801 Policy.

(a) Primary reliance will be placed on informal settlement of differences and disputes by discussions between NASA management officials and employee organization representatives.