[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: 14CFR1261.315]



[Page 339-340]

 

                     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. 1261.315  Procedures for the handling of lawsuits against NASA 

employees arising within the scope of their office or employment.



    The following procedures shall be followed in the event that a civil 

action or proceeding is brought, in any court, against any employee of 

NASA (or against the estate) for injury or loss of property or personal 

injury or death, resulting from the NASA employee's activities while 

acting within the scope of office or employment:

    (a) After being served with process or pleadings in such an action 

or proceeding, the employee (or the executor(rix) or administrator(rix) 

of the estate) shall immediately deliver all such process and pleadings 

or an attested true copy thereof, together with a fully detailed report 

of the circumstances of the accident giving rise to the court action or 

proceeding, to the following officials:

    (1) The Assistant General Counsel for Litigation insofar as actions 

or proceedings against employees of NASA Headquarters are concerned; or

    (2) The Chief Counsel of the NASA Installation at which the employee 

is employed, insofar as actions against other than NASA Headquarters 

employees are concerned.

    (b) Upon receipt of such process and pleadings, the Assistant 

General Counsel for Litigation or the Chief Counsel



[[Page 340]]



of the NASA Installation receiving the same shall furnish to the U.S. 

Attorney for the district embracing the place where the action or 

proceeding is brought and, if appropriate, the Director, Torts Branch, 

Civil Division, Department of Justice, the following:

    (1) Copies of all such process and pleadings in the action or 

proceeding promptly upon receipt thereof; and

    (2) A report containing a statement of the circumstances of the 

incident giving rise to the action or proceeding, and all data bearing 

upon the question of whether the employee was acting within the scope of 

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) The Assistant General Counsel for Litigation or 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).

    (2) In addition, where the action or proceeding is for damages in 

excess of $25,000, 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 

the U.S. Attorney.