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may be allowed for damage to, or loss of, property arising from fire, flood, hurricane, other natural disaster, theft, or other unusual occurrence, while such property is located at:

(i) Quarters within the 50 States or the District of Columbia that were assigned to the claimant or otherwise provided in kind by the United States;

(ii) Quarters outside the 50 States and the District of Columbia that were occupied by the claimant, whether or not they were assigned or otherwise provided in kind by the United States, except when the claimant is a civilian employee who is a local inhabitant; or

(iii) Any warehouse, office working area, hospital, or other place authorized or apparently authorized for the reception or storage of property.

(2) Transportation or travel losses. Claims may be allowed for damage to, or loss of, property incident to transportation or storage pursuant to orders, or in connection with travel under orders, including property in the custody of a carrier, an agent or agency of the Government, or the claimant.

(3) House trailers. Claims may be allowed for damage to, or loss of, house trailers and their contents under the provisions of subparagraph (2) of this paragraph (c). Claims for structural damage to house trailers, other than that caused by collision, and damage to contents of house trailers resulting from conclusive evidence that the damage was not caused by structural deficiency of the trailer and that the trailer was not overloaded. Claims for damage to, or loss of, tires mounted on trailers will not be allowed, except in cases of collision, theft. or vandalism.

(4) Negligence of the Government. Claims may be allowed for damage to, or loss of, property caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.

(5) Enemy action or public service. Claims may be allowed for damage to, or loss of, property as a direct consequence of:

(i) Enemy action or threat thereof, or combat guerrilla, brigandage, or other belligerent activity, or unjust confiscation by a foreign power or its nationals;

(ii) Action by the claimant to quiet a civil disturbance or to alleviate a public disaster; or

(iii) Efforts by the claimant to save human life or Government property.

(6) Property used for benefit of the Government. Claims may be allowed for damage to, or loss of, property when used for the benefit of the Government at the request of, or with the knowledge and consent of, superior authority.

(7) Clothing and accessories. Claims may be allowed for damage to, or loss of, clothing or accessories customarily worn on the person, such as eyeglasses, hearing aids or dentures.

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Claims are not allowable for the following:

(a) Unassigned quarters in United States. Claims may not be allowed for property loss or damage in quarters occupied by the claimant within the 50 States or the District of Columbia that were not assigned to him or otherwise provided in kind by the United States.

(b) Money or currency. Claims may not be allowed for loss of money or currency, except when lost incident to fire, flood, hurricane, other natural disaster, or by theft from quarters (as limited by paragraph (a) of this section). In instances of theft from quarters, it must be conclusively shown that the quarters were locked at the time of the theft. Reimbursement for loss of money or currency is limited to an amount which is determined to have been reasonable for the claimant to have had in his possession at the time of the loss.

(c) Government property. Claims 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 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 or 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:

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(1) Such motor vehicles were quired 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.

All claims shall be submitted, in duplicate to the Administrator or his designee on NASA Form 1204, "Employee's Claim for Damage to, or Loss of, Personal Property Incident to Service." § 1204.207 Evidence in support of claim.

(a) General. In addition to the information required on NASA Form 1204, and any other evidence required by the Administrator or his designee, 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 as indicated:

(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 § 1204.208 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 instruction.

(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 before or after submitting a claim against NASA. The Administrator or his designee, if requested, will assist

in making demand on the third party. No such demand need be made if, in the opinion of the Administrator or his designee, it would be impracticable or any recovery would be insignificant, or if circumstances preclude the claimant from making timely demand.

(c) Action subsequent to demand. A copy of the demand and of any related correspondence shall be submitted to the Administrator or his designee. If the carrier, insurer, or other third party offers & settlement which is less than the amount of the demand, the claimant shall consult with the Administrator or his designee before accepting the amount so offered. The claimant shall also notify the Administrator or his designee promptly of any other action by such third party, including settlement, partial settlement, or denial of liability.

(d) Application of recovery. When the amount recovered from a carrier, insurer, or other third party is greater than or equal to the claimant's total loss as determined under this subpart, no compensation is allowable under this subpart. When the amount recovered is less than such total loss, the allowable amount 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 (a).

(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 Administrator or his designee 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 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.

(a) Settlement officials. (1) The Administrator or his designee.

(2) Claims arising at field installations for more than $1,000 shall be investigated by the Chief Counsel and forwarded, with his report and recommendation thereon, to the Administrator or his designee for settlement.

(b) Action by settlement official. (1) For each claim the Administrator or his designee 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 Administrator or his designee shall prepare a "Voucher for Payment of Em

ployees' 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 payment, 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 Administrator or his designee 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 at the field installation level, the claimant may request such reconsideration at either the field installation level or by the Administrator or his designee, or both.

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AUTHORITY: The provisions of this Subpart 3 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 procedures for the handling of lawsuits 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.

132 F.R. 13321, Sept. 21, 1967.

§ 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.

§ 1204.302 Procedures.

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 employed, 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 claim s-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 filled 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.

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(a) Claims covered by this subpart must be filled 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 prognosis 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.

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