[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1261.301]

[Page 341-342]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1261--PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents
 
 Subpart 1261.3--Claims Against NASA or Its Employees for Damage to or 
   Loss of Property or Personal Injury or Death--Accruing On or After 
                            January 18, 1967
 
Sec. 1261.301  Authority.

    (a) Under the provisions of the Federal Tort Claims Act, as amended 
(see 28 U.S.C. 2671-2680), and subject to its limitations, the 
Administrator or designee is authorized to consider, ascertain, adjust, 
determine, compromise, and settle any claim for money damages against 
the United States for injury or loss of property or personal injury or 
death caused by the negligent or wrongful act or omission of any NASA 
employee while acting within the scope of his/her office or employment, 
under circumstances where the United States, if a private person, would 
be liable to the claimant in accordance with the law of the place where 
the act or omission occurred. In exercising such authority, the 
Administrator or designee is required to act in accordance with 
regulations prescribed by the Attorney General (28 CFR part 14). An 
award, compromise, or settlement in excess of $25,000 may be effected 
only with the prior written

[[Page 342]]

approval of the Attorney General or designee.
    (b) Under sec. 203(c)(13)(A) of the National Aeronautics and Space 
Act of 1958, as amended, 42 U.S.C. 2473(c)(13)(A), NASA is authorized to 
consider, ascertain, adjust, determine, settle, and pay, on behalf of 
the United States, in full satisfaction thereof, any claim for $25,000 
or less against the United States for bodily injury, death or damage to 
or loss of real or personal property resulting from the conduct of 
NASA's functions as specified in 42 U.S.C. 2473(a). At the discretion of 
NASA, a claim may be settled and paid under this authority even though 
the United States could not be held legally liable to the claimant.
    (c) Under 42 U.S.C. 2473(c)(13)(B), if NASA considers that a claim 
in excess of $25,000 is meritorious and would otherwise be covered by 42 
U.S.C. 2473(c)(13)(A), NASA may report the facts and circumstances of 
the claim to the Congress for its consideration or to the Comptroller 
General as provided in the ``Supplemental Appropriations Act, 1978,'' 
Pub. L. 95-240 (92 Stat. 107), 31 U.S.C. 724a.
    (d) Under 28 U.S.C. 2679, the Attorney General of the United States 
shall defend any civil action or proceeding brought in any court against 
a Government employee for injury or loss of property or personal injury 
or death, resulting from the operation of a motor vehicle by the 
Government employee while acting within the scope of 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 or proceeding against the employee into a 
claim against the United States: Provided, That the employee was acting 
within the scope of employment at the time of the accident. The remedy 
against the United States provided by 28 U.S.C. 2672 (administrative 
adjustment of claims) and 28 U.S.C. 1346(b) (civil action against the 
United States) then becomes the plaintiff's exclusive remedy.