The Code of Federal Regulations of the United States of America

Act, as the Chief Counsel deems appropriate.

(2) Claims in excess of $1,000 shall be (i) acted upon pursuant to the Federal Tort Claims Act, provided that an award, compromise, or settlement in excess of $10,000 shall be effected only with the prior approval of the General Counsel, or (ii) forwarded to the General Counsel for action pursuant to 42 U.S.C. 2473(b) (13), if the Chief Counsel is of the opinion that the claim may be meritorious and otherwise suitable for settlement under such authority. A claim so forwarded should be accompanied by a report of the facts of the claim, based upon such investigation as may be appropriate, and a recommendation as to the action to be taken.

(b) Claims forwarded to the General Counsel pursuant to paragraph (a) of this section, or not within the scope of such paragraph, shall be acted upon by the General Counsel pursuant to the Federal Tort Claims Act or 42 U.S.C. 2473 (b) (13) (A) or (B), as the General Counsel deems appropriate.

§ 1204.909 Action under the Federal Tort Claims Act.

Where a claim is to be acted upon pursuant to the Federal Tort Claims Act, action shall be taken in accordance with 28 U.S.C. 2672, such other provisions of the Federal Tort Claims Act as may be applicable (see e.g., 28 U.S.C. 2680), and regulations prescribed by the Attorney General pursuant to 28 U.S.C. 2672. § 1204.910 Investigation of claims.

The official designated in § 1204.808 shall conduct such investigation of a claim as he deems appropriate. Such official may request any NASA office or other Federal agency to assist in the investigation.

§ 1204.911 Claims requiring Department of Justice approval or consultation. (a) When in the opinion of the official designated in § 1204.808 (a), Department of Justice approval or consultation may be required, pursuant to 28 CFR Subparts 14.1-14.11, in connection with a claim being acted upon, under the Federal Tort Claims Act, at a field installation, the following papers shall be forwarded to the General Counsel: (1) A short and concise statement of the facts of the claim; (2) copies of all relevant portions of the claim file; (3)

a statement, of the recommendation views of the forwarding official.

(b) A claim forwarded to the Gen Counsel in accordance with paragr (a) of this section, or upon which General Counsel is acting pursuan § 1204.808(b), shall be referred to Department of Justice when, in the o ion of the General Counsel, Departn of Justice approval or consultation is quired or otherwise is appropriate. § 1204.912

Action on approved cla

(a) Upon settlement of a claim, the ficial designated in § 1204.808 will: pare, and have executed by the claim a Voucher for Payment of Tort Cla (NASA Form 616), if the claim has 1 acted upon pursuant to 42 U.S.C. (b) (13), or a Voucher for Payment w Federal Tort Claims Act (Standard F 1145), if the claim has been acted t pursuant to the Federal Tort Claims The form as so prepared will then be fered to the congizant NASA installa fiscal or financial management office further action as appropriate.

(b) When a claimant is represe by an attorney, both the claimant his attorney will be designated as "I ees" on the appropriate voucher, and check will be delivered to the attor whose address shall appear on voucher.

(c) Acceptance by the claimant, agent, or legal representative, of award, compromise, or settlement m pursuant to this subpart shall be f and conclusive on the claimant, his ag or legal representative and any other son on whose behalf or for whose ber the claim has been presented, and s constitute a complete release of any cl against the United States and aga any employee of the Government wi act or omission gave rise to the cla by reason of the same subject matte § 1204.913 Required notification in event of denial.

Final denial of a claim shall be writing and shall be sent to the clai ant, his attorney, or legal representat by certified or registered mail. The m fication of final denial may includ statement of the reasons for the der and shall include a statement that the claimant is dissatisfied with NAS action, he may file suit in an approp ate U.S. District Court not later tha months after the date of mailing notification.

204.914 Annual reports.

he Chief Counsel of each field instalon shall, in February of each year, ward to the General Counsel, NASA dquarters, a report providing the foling information for each claim acted on during the preceding calendar r: (a) The name of the claimant; (b) amount of the claim; (c) the nature I alleged cause of the claimed injury oss; (d) disposition of the claim, inling grounds therefor.

204.915 Procedures for the handling of lawsuits against NASA employees arising out of their operation of motor vehicles in the course of their employment.

he following procedures shall be foled in the event that a civil action or ceeding is brought, in any court, inst any employee of NASA (or inst his estate), for injury or loss of perty or personal injury or death, reing from the employee's operation of motor vehicle while acting within the pe of his office or employment:

a) After being served with process or adings in such an action or proceed, the employee (or the executor or ministrator of his estate) shall immetely deliver all such process and pleadEs or an attested true copy thereof, gether with a fully detailed report of circumstances of the accident giving e to the court action or proceeding, the following officials:

1) The General Counsel insofar as ions or proceedings against employees NASA Headquarters are concerned; or (2) The Chief Counsel of the NASA tallation at which the employee is ployed, insofar as actions against er than NASA Headquarters emyees are concerned.

(b) Upon receipt of such process and adings, the General Counsel or the ief Counsel of the NASA installation Ceiving the same shall furnish to the S. attorney for the district embracing e place where the action or proceeding brought and the Chief of the Torts ction, Civil Division, Department of stice, the following:

(1) Copies of all such process and adings in the action or proceeding, omptly upon receipt thereof; and (2) A report containing a statement of e circumstances of the incident giving se to the action or proceeding, and all ta bearing upon the question of ether 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 U.S. attorney upon request.

(c) A Chief Counsel acting pursuant to paragraph (b) of this section shall submit the following documents to the General Counsel, who is hereby designated to receive such documents on behalf of the Administrator:

(1) Copies of all process and pleadings submitted to a U.S. attorney in accordance with paragraph (b) of this section.

(2) In addition, where the action or proceeding is for damages in excess of $10,000, or where, in the opinion of the Chief Counsel, such action or proceeding involves a new precedent, a new point of law, or a question of policy, copies of reports and all other papers submitted to such U.S. attorney.

PART 1205-SPACE SCIENCE FLIGHT

(a) This subpart establishes the policy and responsibilities for reduction, analysis, preservation, and dissemination of data obtained from space science flight experiments.

(b) The provisions of this subpart apply to all data obtained from space science flight experiments recommended by the Space Science Steering Committee of National Aeronautics and Space Administration (NASA) and approved by the Associate Administrator for Space Science and Applications, NASA Headquarters. The policy and procedures for the conduct of the Space Science Program and the responsibilities for the selection

(a) In conducting space science flight experiments, NASA shall seek to:

(1) Preserve the integrity of each investigation.

(2) Encourage the participation of the best qualified scientists.

(3) Make the results of investigations generally available to the scientific community at the earliest practicable time.

(b) NASA shall rely heavily on individual scientists in the United States (in and out of Government) to carry out a complete investigation by:

(1) Conceiving specific investigations. (2) Developing, when appropriate, the instrumentation for the investigation.

(3) Participating actively, wherever possible, in the actual conduct of the investigation.

(4) Reducing and analyzing the data obtained.

(5) Publishing their findings as soon as practicable and making their reduced data records available on a timely basis for use by others.

(c) A provision for the release of data obtained by the individual investigator from the investigation shall be included in an agreement with the individual investigator at the time the investigation is selected. NASA shall take such action as necessary to insure that data are released as required to meet scientific and technological needs.

(d) Foreign scientists participating in cooperative space science flight experiment projects shall be governed by the respective international agreements.

§ 1205.102 Definitions.

For the purpose of this subpart, the following definitions apply:

(a) Space science flight experiments. Investigations of natural phenomena of the earth and its environment, the moon, other planets, the sun, interplanetary space, and other celestial objects and regions made from, or in conjunction with aircraft, balloons, sounding rockets, earth satellites, space probes, and manned spacecraft for the purpose of increasing basic knowledge of these natural phenomena. The biological investigations involving both the search for extraterrestrial life and observation of the effects of space environment on

living organisms other than man included.

(b) Original data records. Those r ords made by the various telemeter and/or tracking stations as part of basic field operations and exposed f and data records returned by recove spacecraft. These records will genera require specialized processing techniq to prepare them for further use or, as the case of tracking data, to conv them into more meaningful terms.

(d) Master data records. Those I ords obtained through specialized pr essing techniques from the original d records. They contain the original periment information and support information such as orbital posit spacecraft attitude, and command housekeeping data. Ground time, where applicable, spacecraft time have been correlated with these d Extraneous and duplicate segments h been removed and the remainder is organized, identified set of records, u ally in a digital form, capable of di entry into a computer.

(e) Experiment data records. records extracted from the master d records to provide the principal inve gator with data associated only with experiment.

(f) Reduced data records. ΤΙ records prepared from the experim data records by the introduction of c bration factors, and the eliminatior meaningless and duplicate portions information. Records prepared f analysis of returned samples and ph graphs are also included. Visual d such as photographs derived from d processing techniques, may also be c sidered as reduced data records. T records will contain the values of quantities measured as functions of t position and other appropriate par eters. It is from these records, or tabulations and graphs prepared dire from them, that the investigator develop his analysis and conclusions.

(g) Correlative data. Those reco such as magnetograms and ionogr from ground-based observatories, ne sary for the analysis and evaluation space science experiments.

5.103 Responsibility.

The Office of Space Science and cations, NASA Headquarters. The iate Administrator for Space Sciand Applications is responsible for: Overall administration and operaf the Space Science Flight Experi= Program.

Overall direction of the National Science Data Center (NSSDC) gh the Director, Goddard Space s Center, Greenbelt, Md.

Management of data reduction, sis, preservation, and release funcconcerning space science flight iments.

Issuance of implementing manent instructions and guidelines cont with the provisions of this subThe Director, Physics and Asmy Programs, Office of Space ce and Applications, is responsible -ogram management of the NSSDC. NASA Headquarters Program s. Each program director within quarters Program Offices is responfor managing the data reduction, è analysis and delivery of reduced records to the NSSDC from space ce flight experiments for which he rogram management responsibility. Tracking and data systems manent. The Goddard Space Flight er and the Jet Propulsion Laboraare responsible for development of er data records and experimenter records and delivery of experier data records to the cognizant et management center.

NASA field installation responsiNASA field installations assigned ct management responsibility for nned flight projects or science sysexperiments development respony for manned flight projects are esponsible for:

Insuring that the contracts or n agreements negotiated between 'rincipal Investigator's institution the project management center y the responsibility of the Principal tigator for data reduction, prime sis and delivery of reduced data is and necessary documentation to SSDC.

Insuring that investigators on projects fulfill the stipulations of ontracts or written agreements perig to the responsibilities described bparagraph (1) (d).

of this para

(3) Delivery of experimenter data records to investigators on a timely basis.

(4) Insuring that the recovered specimens of terrestrial material exposed to space environment and the original data records or master data records are preserved until all meaningful information has been extracted from them and placed in the NSSDC.

(5) Providing the Associate Administrator for Space Science and Applications with the name of the individual who will be the field installation's focal point for matters pertaining to the NSSDC.

and

(e) Responsibilities of the Principal Investigator (NASA, non-NASA foreign). At the time an investigation is approved for flight, the Principal Investigator will be notified in writing by the Office of Space Science and Applications, National Aeronautics and Space Administration, Washington, D.C. 20546, of his responsibilities for reduction, prime analysis, and delivery to NSSDC of reduced data records. These responsibilities (subject in the case of foreign scientists to the specifications of the governing international agreement) will include:

(1) Completion of data reduction and prime analysis of the data from his experiment within the period of time agreed upon between the Principal Investigator and the Associate Administrator for Space Science Applications.

and

(2) Publication of the results of his analysis as soon as practicable.

(3) Preparation of reduced data records together with the necessary background information to make them usable by other scientists and delivery of a copy of the records and background information to the NSSDC on a schedule to be negotiated between the Principal Investigator's institution and the project management center.

(f) National Space Science Data Center. The Director, Goddard Space Flight Center, is responsible for management of the National Space Science Data Center, Goddard Space Flight Center, Greenbelt, Md. 20771. For functions and operation of the Center, see Appendix A to this subpart. The Data Center Director, appointed by the Director, Goddard Space Flight Center, is responsible for:

(1) Implementing the NASA project development plan for the operation of the National Space Science Data Center. 571

(2) Recommending, through the Director, Goddard Space Flight Center, any changes in policies, procedures, and plans for the operation of the Data Center deemed appropriate to the effective attainment of project objectives.

(3) Preparing budget estimates for operation of the Data Center.

(4) Establishing fees for the computer and reproduction services performed by the Center.

(5) Compiling, based on information obtained from project management centers, schedules for transmission of reduced data records to the NSSDC by investigators on NASA flight projects and reporting on the progress of the collection of data from investigators.

(6) Preparing guidelines for investigators in preparing data records for the Data Center, and disseminating these guidelines to appropriate individuals and agencies.

(7) Reporting quarterly on the progress and financial status of the Data Center operations.

(8) Assessing adequacy of Data Center facilities and the effectiveness of their utilization; and recommending, through the Director, Goddard Space Flight Center, the necessary actions to meet future facility requirements.

(9) Maintaining, protecting, and retiring NASA records in the custody of the Data Center in accordance with the policies and practices of the NASA Records Management Program and other pertinent management instructions. § 1205.104 Support of research.

The NSSDC will support investigations in space sciences to the extent of making available its scientific data and facilities. However, the NSSDC will not provide financial support for such research. The Office of Space Science and Applications will entertain proposals for space science research based on data available in the NSSDC.

APPENDIX A-FUNCTIONS AND OPERATION OF NATIONAL SPACE SCIENCE DATA CENTER

The National Space Science Data Center (NSSDC) at the Goddard Space Flight Center provides scientific data and facilities in support of investigations in space science.

(a) Data to be acquired. The NSSDC will acquire or accept:

(1) Reduced data records from NASAsponsored space science flight experiments. When more appropriate, the Director of the NSSDC may make other arrangements for the acquisition of data from experiments and/or their archiving and distribution.

(2) Unclassified reduced data recor available from space science flight ments by other agencies in accordan interagency agreements.

(3) Correlative and other data re by investigators as necessary for the tion of data in the NSSDC.

(4) Data records from foreign sp ence flight experiments which may b available by international exchange through the World Data Centers or b erative agreements.

(5) Those final analyzed data wh Principal Investigator designates { containing scientific results O experiment.

(b) Data not to be acquired. (1 obtained from operational observation for specific applications such as weath casting, navigation, communications ing and telemetry, medical investi and technological investigations whi tribute only to the development o flight hardware will not be acquired Center.

(2) Because of the problems as: with the prevention of contamina lunar samples and subsequently from other planets, returned samp associated data will be stored at the Receiving Laboratory at the Manned craft Center. However, a descript samples will be furnished the Data Ce announcement.

(3) Original data records (includir netic tapes, telemetry records, expos and meteorite collection panels) w mally not be acquired by the Center

(1) To U.S. residents and organ upon request.

(2) To foreign nationals in acc with the procedures of World Data C

(3) To foreign nationals on the 1 cooperative agreements between NA the space agencies of foreign gover multilateral organizations devc space research.

(4) To foreign governments on tł of bilateral intergovernment agr made by the United States on be NASA.

(d) Preservation of data. Data Center will be preserved for the longe ticable time consistent with the ] life of the record. An inspection will be established for the reprodu destruction of deteriorating reco general, records will be reproduced to their storage life only if the record past utilization justifies such prolo Specific categories of data may be rep to extend their storage life regardless usage in accordance with internati interagency agreements or with the e approval of the Office of Space Scie: Applications. Whenever a NASA cer termines that there is no longer a 1

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