[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1206.800]

[Page 67]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table of 
 
           Subpart 8_Failure To Release Records to the Public
 
Sec.  1206.800  Failure to release records to the public.


    (a) Except to the extent that a person has actual and timely notice 
of the terms thereof, a person may not in any manner be required to 
resort to, or be adversely affected by, a matter required to be 
published in the Federal Register under Sec.  1206.200(a) and not so 
published.
    (b) A final order, opinion, statement of policy, interpretation, or 
staff manual or instruction that affects a member of the public may be 
relied upon, used, or cited as precedent by NASA against any member of 
the public only if it has been indexed and either made available or 
published as provided by Sec.  1206.200(b) or if the member of the 
public has actual and timely notice of the terms thereof.
    (c) Failure to make available an Agency record required to be made 
available under this part could provide the jurisdictional basis for a 
suit against NASA under 5 U.S.C. 552(a)(4) (B) through (G), which 
provides as follows:

    (B) On complaint, the District Court of the United States in the 
district in which the complainant resides, or has his principal place of 
business, or in which the Agency records are situated, or in the 
District of Columbia, has jurisdiction to enjoin the Agency from 
withholding Agency records and to order the production of any Agency 
records improperly withheld from the complainant. In such a case the 
court shall determine the matter de novo, and may examine the contents 
of such Agency records in camera to determine whether such records or 
any part thereof shall be withheld under any of the exemptions set forth 
in subsection (b) of this section, and the burden is on the Agency to 
sustain its action.
    (C) Notwithstanding any other provision of law, the defendant shall 
serve an answer or otherwise plead to any complaint made under this 
subsection within 30 days after service upon the defendant of the 
pleading in which such complaint is made, unless the court otherwise 
directs for good cause shown.
    [(D) Repealed. Pub. L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 
Stat. 3335, 3375.]
    (E) The court may assess against the United States reasonable 
attorney fees and other litigation costs reasonably incurred in any case 
under this section in which the complainant has substantially prevailed.
    (F) Whenever the court orders the production of any Agency records 
improperly withheld from the complainant and assesses against the United 
States reasonable attorney fees and other litigation costs, and the 
court additionally issues a written finding that the circumstances 
surrounding the withholding raise questions whether Agency personnel 
acted arbitrarily or capriciously with respect to the withholding, the 
Special Counsel shall promptly initiate a proceeding to determine 
whether disciplinary action is warranted against the officer or employee 
who was primarily responsible for the withholding. The Special Counsel, 
after investigation and consideration of the evidence submitted, shall 
submit his findings and recommendations to the administrative authority 
of the Agency concerned and shall send copies of the findings and 
recommendations to the officer or employee or his representative. The 
administrative authority shall take the corrective action that the 
Special Counsel recommends.
    (G) In the event of noncompliance with the order of the court, the 
district court may punish for contempt the responsible employee, and in 
the case of a uniformed service, the responsible member.