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8 1261.104 Allowable claims.

(a) A claim may be allowed only if:

(1) The damage or loss was not caused wholly or partly by the negligent or wrongful act of the claimant, the claimant's agent, private employee, or family member (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 is determined to have been reasonable, useful, or proper under the circumstances; and

(3) The claim is substantiated by proper and convincing evidence.

(b) Claims which are otherwise allowable under this subpart shall not be disallowed solely because the property was not in the possession of the claimant at the time of the damage or loss, or solely because the claimant was not the legal owner of the property for which the claim is made. For example, borrowed property may be the subject of a claim.

(c) Subject to the conditions in paragraph (a) of this section and the other provisions of this subpart, any claim for damage to, or loss of, personal property incident to service with NASA may be considered and allowed. The following are examples of the principal types of claims which may be allowed, but these examples are not exclusive and other types of claims may be allowed, unless excluded by § 1261.105.

(1) Property loss or damage in quarters or other authorized places. Claims 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 provided 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 provided 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 author

ized 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 paragraph (c)(2) of this section.

(4) Negligence of the Government. Claims may be allowed for damage to, or loss of, property caused by the neg. ligence or wrongful act or omission of any employee of the Government while acting within the scope of 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 of action 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, an author. ized official.

(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. 8 1261.105 Unallowable claims.

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 claimant or pro- of vehicles for the convenience of the vided in kind by the United States. owner); or

(b) Money or currency. Claims may (2) Shipment of motor vehicles to, not be allowed for loss of money or from, or between overseas areas was currency, except when lost incident to being furnished or provided by the fire, flood, hurricane, other natural Government; or disaster, or by theft from quarters (as (3) The damage or loss was caused limited by paragraph (a)). Reimburse by the negligent or wrongful act or ment for loss of money or currency is omission of any employee of the Govlimited to an amount which is deter- ernment acting within the scope of mined reasonable to have been in the office or employment. claimant's possession at the time of the loss.

§ 1261.106 Submission of claims. (c) Government property. Claims

All claims shall be submitted in dumay not be allowed for property

plicate to the Administrator or desigowned by the United States, except

nee on NASA Form 1204, “Employee's that for which the claimant is finan

Claim for Damage to, or Loss of, Percially responsible to any agency of the

sonal Property Incident to Service.” Government other than NASA.

(d) Business property. Claims may 8 1261.107 Evidence in support of claim. not be allowed for property used in a private business enterprise.

(a) General. In addition to the infor

mation required on NASA Form 1204, (e) Articles of extraordinary value.

and any other evidence required by Claims may not be allowed for valua

the Administrator or designee, the ble articles, such as cameras, watches, jewelry, furs; or other articles of ex

claimant will furnish the following evitraordinary value, when shipped with

dence when relevant: household goods or as unaccompanied

bied (1) A corroborating statement from baggage (shipment includes storage).

the claimant's supervisor or other This prohibition does not apply to ar

person or persons having personal ticles in the personal custody of the

knowledge of the facts concerning the claimant or articles properly checked:

claim. Provided, That reasonable protection (2) A statement of any property reor security measures have been taken covered or replaced in kind. by claimant.

(3) An itemized bill of repair for (f) Unserviceable property. Claims property which has been repaired, or may not be allowed for worn-out un one or more written estimates of the serviceable property.

cost of repairs from competent per(g) Nlegal possession. Claims may sons if the property is repairable but not be allowed for property acquired,

has not been repaired. possessed, or transported in violation (b) Specific classes of claims. Claims of law or in violation of applicable reg. of the following types shall also be aculations or directives.

companied with specific and detailed (h) Estimate fees. Claims may not in evidence as indicated: clude fees paid to obtain estimates or (1) Theft, burglary, etc. A statement repair, except when it is clear that an describing in detail the location where estimate could not have been obtained the loss occurred and the facts and cirwithout paying a fee.

cumstances surrounding the loss, in(i) Automobiles and other vehicles. cluding supporting documentation, Claims may not be allowed for damage e.g., a police report. to, or loss of, automobiles and other (2) Transportation losses. A copy of vehicles unless:

orders authorizing the travel, trans(1) The vehicles were required to be portation or shipment, or a certificate used for official Government business explaining the absence of such orders (official Government business, as used and stating their substance; all bills of nere, does not include travel between lading and inventories of property quarters and place of duty, parking of shipped; and a statement indicating vehicles incident to such travel, or use the condition of the property when

turned over to the carrier and when ered is less than such total loss, the alreceived from the carrier.

lowable amount is determined by de

ducting the recovery from the amount 8 1261.108 Recovery from carriers, insur of total loss subject to the maximum ers, and other third parties.

set forth in § 1261.102. (a) General. NASA is not an insurer (e) Transfer of rights. The claimant and does not underwrite all personal shall assign to the United States, to property losses that an employee may the extent of any payment accepted sustain. Employees are encouraged to on a claim, all rights, title, and intercarry private insurance to the maxi- est in any claim he/she may have mum extent practicable to avoid large against any carrier, insurer, or other losses or losses which may not be re- party arising out of the accident or incoverable from NASA. The procedures cident on which the claim against the set forth in this section are designed

United States is based. The claimant to enable the claimant to obtain the

shall also, upon request, furnish such maximum amount of compensation

evidence and other cooperation as may for personal property loss or damage.

be required to enable the United Failure of the claimant to comply with

States to enforce the claim. After pay. these procedures may reduce or pre

ment on the claim by the United clude payment of the claim.

States, the claimant shall, upon re(b) Demand on carrier, contractor,

ceipt of any payment from a carrier, warehouse owner/operator, or insurer.

insurer, or other party, notify the AdWhen it appears that property has

mininstrator or designee and pay the been damaged or lost under circum

proceeds to the United States to the stances in which a carrier, warehouse

extent required under the provisions owner/operator, contractor or insurer

of paragraph (d). may be responsible, the claimant shall make a written demand on such party, 81241.109 Computation of allowance. either before or after submitting a claim against NASA. The Administra

(a) The amount allowed for damage tor or designee, if requested, will assist

to or loss of any item of property may in making demand on the third party.

not exceed the cost of the item (either No such demand need be made if, in

the price paid in cash or property, or the opinion of the Administrator or

the value at the time of acquisition if désignee, it would be impracticable or

not acquired by purchase or exany recovery would be insignificant, or

change). There will be no allowance if circumstances preclude the claimant

for replacement cost or for appreciafrom making timely demand.

tion in the value of the property. Sub(c) Action subsequent to demand. A

and A ject to these limitations, the amount copy of the demand and of any related allowable is either: correspondence shall be submitted to (1) The depreciated value, immedithe Administrator or designee. If the ately prior to the loss or damage of carrier, insurer, or other third party property lost or damaged beyond ecooffers a settlement which is less than nomical repair, less any salvage value; the amount of the demand, the claim or ant shall consult with the Administra- (2) The reasonable cost of repairs, tor or designee before accepting the when property is economically repairamount offered. The claimant shall able: Provided, That the cost of realso notify the Administrator or desig pairs does not exceed the amount alnee promptly of any other action by a lowable under paragraph (a)(1) of this third party, including settlement, par section. tial settlement, or denial of liability. .. (b) Depreciation in value is deter

(d) Application of recovery. When mined by considering the type of artithe amount recovered from a carrier, cle involved, its cost, its condition insurer, or other third party is greater when damaged or lost, and the time than or equal to the claimant's total elapsed between the date of acquisiloss as determined under this subpart, tion and the date of damage or loss, no compensation is allowable under with appropriate recognition of curthis subpart. When the amount recov- rent replacement value.

(c) Limitation on agent or attorney been disallowed at the field installafees. No more than 10 per centum of tion level, the claimant may request the amount paid in settlement of each reconsideration by the field installaindividual claim submitted and settled tion, or by the General Counsel, or shall be paid or delivered to or re both. ceived by an agent or attorney on ac- (c) Final and conclusive. The settlecount of services rendered in connec ment of a claim under this subpart, tion with that claim, any contract to whether by full or partial allowance or the contrary notwithstanding (31 disallowance, is final and conclusive. U.S.C. 243). 8 1261.110 Settlement of claims.

Subpart 1261.2—[Reserved] (a) Settlement officials. (1) Claims in Subpart 1261.3_Claims Against the amount of $5,000 or more will be

NASA or Its Employees for acted upon by the General Counsel. Claims less than $5,000 will be acted

Damage to or Loss of Property upon by the Chief Counsel of the

or Personal Injury or Death-AcNASA Field Installation where the cruing On or After January 18, employee was assigned at the time of

1967 the loss or damage or the Assistant General Counsel for Litigation for

AUTHORITY: 28 U.S.C. 2671-2680, 42 U.S.C. NASA Headquarters claims.

2473(c)(13), and 28 CFR Part 14. (2) Claims arising for $5,000 or more

§ 1261.300 Scope of subpart. shall be investigated by the Chief Counsel or Assistant General Counsel This subpart sets forth the procefor Litigation, as appropriate, and a

dures for: report and recommendation thereon (a) The submission of, and action by shall be forwarded to the General NASA upon, claims against the United Counsel.

States arising out of the activities of (b) Action by settlement official. (1) NASA for damage to or loss of properFor each claim, the settlement official ty or personal injury or death, and shall complete a report in duplicate on designates the NASA officials authorNASA Form 1204 and retain a claim ized to act upon such claims. file consisting of the original claim,

(b) The handling of lawsuits against the report, and any other relevant evi

NASA employee(s) for damage to or dence or documents.

loss of property or personal injury or (2) When a claim is allowed in an death resulting from a NASA employ. amount acceptable to the claimant, ee's activities within the scope of his/ the settlement official shall prepare a her office or employment. "Voucher for Payment of Employees' Personal Property Claims” (NASA 8 1261.301 Authority. Form 1220), have it properly executed (a) Under the provisions of the Fed. by the claimant, and forward it with a eral Tort Claims Act, as amended (see copy of the approved claim (NASA 28 U.S.C. 2671-2680), and subject to its Form 1204) to the appropriate NASA limitations, the Administrator or desfiscal or financial management office ignee is authorized to consider, ascerfor payment.

tain, adjust, determine, compromise, (3) When a claim is disallowed or is and settle any claim for money dampartially allowed in an amount unac- ages against the United States for ceptable to the claimant, the settle injury or loss of property or personal ment official shall notify the claimant injury or death caused by the negliin writing of the action taken and the gent or wrongful act or omission of reasons therefor. If not satisfied with any NASA employee while acting the action taken, the claimant may, within the scope of his/her office or within 60 days after receipt of such employment, under circumstances notice, request reconsideration of the where the United States, if a private claim and may submit any new evi. person, would be liable to the claimant dence that he/she feels to be perti. in accordance with the law of the hent to the claim. If such a claim has place where the act or omission occurred. In exercising such authority, ment of claims) and 28 U.S.C. 1346(b) the Administrator or designee is re- (civil action against the United States) quired to act in accordance with regu then becomes the plaintiff's exclusive lations prescribed by the Attorney remedy. General (28 CFR Part 14). An award, compromise, or settlement in excess of $1261.302 Claim. 926.000 may be effected only with the Unless the context otherwise reprior written approval of the Attorney

quires, “claim" means a claim for General or designee.

money damages against the United (b) Under sec. 203(c)(13)(A) of the States arising out of the activities of National Aeronautics and Space Act of "NASA. for injury or loss of property, 1958, as amended, 42 U.S.C.

or personal injury or death. A claim 2473(c)(13)A), NASA is authorized to "arises" at the place where the injury, consider, ascertain, adjust, determine,

loss, or death occurs. settle, and pay, on behalf of the United States, in full satisfaction 8 1261.303 Claimant. thereof, any claim for $25,000 or less

(a) A claim for damage to or loss of against the United States for bodily

property may be presented by the injury, death or damage to or loss of

owner of the property, duly authorreal or personal property resulting from the conduct of NASA's functions

ized agent or legal representative. as specified in 42 U.S.C. 2473(a). At

(b) A claim for personal injury may the discretion of NASA, a claim may

be presented by the injured person, be settled and paid under this author.

duly authorized agent, or legal repre

sentative. ity even though the United States could not be held legally liable to the

(c) A claim based on death may be claimant.

presented by the executor(rix) or (c) Under 42 U.S.C. 2473(c)(13)(B), if

administrator(rix) of the decedent's NASA considers that a claim in excess

estate, or by any other person legally of $25,000 is meritorious and would

entitled to assert such a claim in acotherwise be covered by 42 U.S.C.

cordance with applicable State law. 2473(c)(13)(A), NASA may report the

(d) A claim for loss wholly compen. facts and circumstances of the claim

sated by an insurer with the rights of to the Congress for its consideration

a subrogee may be presented by the or to the Comptroller General as pro

insurer. A claim for loss partially comvided in the “Supplemental Appro

pensated by an insurer with the rights priations Act, 1978," Pub. L. 95-240 (92

of a subrogee may be presented by the Stat. 107), 31 U.S.C. 724a.

parties individually as their respective (d) Under 28 U.S.C. 2679, the Attor

interests appear, or jointly. ney General of the United States shall

(e) A claim presented by an agent or defend any civil action or proceeding

legal representative shall be presented brought in any court against a Gov

in the name of the claimant, be signed ernment employee for injury or loss of by the agent or legal representative. property or personal injury or death,

show the title or legal capacity of the resulting from the operation of a

person signing and be accompanied by motor vehicle by the Government em

evidence of the agent's or legal repreployee while acting within the scope

sentative's authority to present a of office or employment. In effect, this

claim on behalf of the claimant as legislation is designed to protect an

agent, executor(rix), administrator employee driving a motor vehicle on

(rix), parent, guardian, or other repreGovernment business by converting sentative such a civil court action or proceeding against the employee into & claim

$ 1261.304 Place of filing claim. against the United States: Provided. A claim arising in the United States That the employee was acting within should be submitted to the Chief the scope of employment at the time Counsel of the NASA Installation of the accident. The remedy against whose activities are believed to have the United States provided by 28 given rise to the claimed injury, loss, U.S.C. 2672 (administrative adjust- or death. If the identity of such instal.

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