[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: 14CFR1261.301]



[Page 336-337]

 

                     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



[[Page 337]]



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 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.