[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: 14CFR1261.316]



[Page 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. 1261.316  Policy.



    (a) The National Aeronautics and Space Administration may indemnify 

a present or former NASA employee, who is personally named as a 

defendant in any civil suit in state or Federal court, or in an 

arbitration proceeding or other proceeding seeking damages against that 

employee personally, for any verdict, judgment, appeal bond, or other 

monetary award which is rendered against such employee, provided that 

the conduct giving rise to the verdict, judgment, appeal bond, or award 

was taken within the scope of his or her employment and that such 

indemnification is in the interest of the National Aeronautics and Space 

Administration, as determined by the Administration or designee.

    (b) The National Aeronautics and Space Administration may settle or 

compromise a personal damage claim against a present or former NASA 

employee by the payment of available funds, at any time, provided the 

alleged conduct giving rise to the personal damage claim was taken 

within the employee's scope of employment and that such settlement or 

compromise is in the interest of the National Aeronautics and Space 

Administration, as determined by the Administrator or designee.

    (c) Absent exceptional circumstances as determined by the 

Administrator or designee, the agency will not entertain a request 

either to agree to indemnify or to settle a personal damage claim before 

entry of an adverse verdict, judgment, or award.

    (d) A present or past NASA employee may request indemnification to 

satisfy a verdict, judgment, or award entered against that employee. The 

employee shall submit a written request, with appropriate documentation 

including copies of the verdict, judgment, appeal bond, award, or 

settlement proposal to the General Counsel, who shall make a recommended 

disposition of the request. Where appropriate, the agency shall seek the 

views of the Department of Justice. The General Counsel shall forward 

the request, the accompanying documentation, and the General Counsel's 

recommendation to the Administrator for decision.

    (e) Any payment under this section either to indemnify a National 

Aeronautics and Space Administration employee or to settle a personal 

damage claim shall be contingent upon the availability of appropriated 

funds of the National Aeronautics and Space Administration.



[53 FR 27482, July 21, 1988]