[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1261.104]



[Page 333]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents

 

           Subpart 1261.1_Employees' Personal Property Claims

 

Sec. 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 Sec. 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 

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 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 negligence 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 authorized 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.