[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 14

Aeronautics and Space


________________________

Part 1200 to End

                         Revised as of January 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 14:
          Chapter V--National Aeronautics and Space 
          Administration                                             3
          Chapter VI--Air Transportation System Stabilization      337
  Finding Aids:
      Table of CFR Titles and Chapters........................     353
      Alphabetical List of Agencies Appearing in the CFR......     373
      List of CFR Sections Affected...........................     383

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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 14 CFR 1201.100 
                       refers to title 14, part 
                       1201, section 100.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2017), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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INQUIRIES

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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    January 1, 2017.

                                
                                      
                            

  

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                               THIS TITLE

    Title 14--Aeronautics and Space is composed of five volumes. The 
parts in these volumes are arranged in the following order: Parts 1-59, 
60-109, 110-199, 200-1199, and part 1200-End. The first three volumes 
containing parts 1-199 are comprised of chapter I--Federal Aviation 
Administration, Department of Transportation (DOT). The fourth volume 
containing parts 200-1199 is comprised of chapter II--Office of the 
Secretary, DOT (Aviation Proceedings) and chapter III--Commercial Space 
Transportation, Federal Aviation Administration, DOT. The fifth volume 
containing part 1200-End is comprised of chapter V--National Aeronautics 
and Space Administration and chapter VI--Air Transportation System 
Stabilization. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of January 1, 2017.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                     TITLE 14--AERONAUTICS AND SPACE




                  (This book contains part 1200 to End)

  --------------------------------------------------------------------
                                                                    Part

chapter v--National Aeronautics and Space Administration....        1201

chapter vi--Air Transportation System Stabilization.........        1300

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        CHAPTER V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION




  --------------------------------------------------------------------
Part                                                                Page
1200

[Reserved]

1201            Statement of organization and general 
                    information.............................           5
1203            Information Security Program................           6
1203a           NASA security areas.........................          21
1203b           Security programs; arrest authority and use 
                    of force by NASA security force 
                    personnel...............................          23
1204            Administrative authority and policy.........          26
1205

[Reserved]

1206            Procedures for disclosure of records under 
                    the Freedom of Information Act (FOIA)...          44
1207            Standards of conduct........................          64
1208            Uniform relocation assistance and real 
                    property acquisition for Federal and 
                    federally assisted programs.............          66
1209            Boards and committees.......................          66
1210-1211

  [Reserved]

1212            Privacy Act--NASA regulations...............          69
1213            Release of information to news and 
                    information media.......................          81
1214            Space flight................................          86
1215            Tracking and Data Relay Satellite System 
                    (TDRSS).................................          95
1216            Environmental quality.......................         100
1217            Duty-free entry of space articles...........         108
1221            The NASA Seal and other devices, and the 
                    Congressional Space Medal of Honor......         111
1230            Protection of human subjects................         122
1232            Care and use of animals in the conduct of 
                    NASA activities.........................         122
1240            Inventions and contributions................         123
1241

[Reserved]

1245            Patents and other intellectual property 
                    rights..................................         128
1250            Nondiscrimination in federally-assisted 
                    programs of NASA--effectuation of Title 
                    VI of the Civil Rights Act of 1964......         140

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1251            Nondiscrimination on basis of disability....         152
1252            Nondiscrimination on the basis of age in 
                    programs or activities receiving Federal 
                    financial assistance....................         170
1253            Nondiscrimination on the basis of sex in 
                    education programs or activities 
                    receiving Federal financial assistance..         177
1259            National Space Grant College and Fellowship 
                    Program.................................         194
1260

[Reserved]

1261            Processing of monetary claims (general).....         200
1262            Equal Access to Justice Act in agency 
                    proceedings.............................         231
1263            Demand for information or testimony served 
                    on agency employees; procedures.........         238
1264            Implementation of the Program Fraud Civil 
                    Penalties Act of 1986...................         240
1266            Cross-waiver of liability...................         258
1271            New restrictions on lobbying................         262
1273

[Reserved]

1274            Cooperative agreements with commercial firms         273
1275            Research misconduct.........................         328
1276-1299

  [Reserved]

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                          PART 1200 [RESERVED]



PART 1201_STATEMENT OF ORGANIZATION AND GENERAL INFORMATION--Table of Contents



                         Subpart 1_Introduction

Sec.
1201.100  Creation and authority.
1201.101  Purpose.
1201.102  Functions.
1201.103  Administration.

                         Subpart 2_Organization

1201.200  General.

                     Subpart 3_Boards and Committees

1201.300  Boards and committees.

Subpart 4 [Reserved]

1201.400  NASA procurement program.
1201.401  Special document depositories.
1201.402  NASA Industrial Applications Centers.

    Authority: 51 U.S.C. 20112(h).

    Source: 55 FR 37222, Sept. 10, 1990, unless otherwise noted.



                         Subpart 1_Introduction



Sec. 1201.100  Creation and authority.

    The National Aeronautics and Space Administration was established by 
the National Aeronautics and Space Act (51 U.S.C. 20111), as amended 
(hereafter called the ``Act'').

[55 FR 37222, Sept. 10, 1990, as amended at 79 FR 18444, Apr. 2, 2014]



Sec. 1201.101  Purpose.

    It is the purpose of the National Aeronautics and Space 
Administration to carry out aeronautical and space activities of the 
United States. Such activities shall be the responsibility of, and shall 
be directed by, the National Aeronautics and Space Administration, 
except that activities peculiar to or primarily associated with the 
development of weapons systems, military operations, or the defense of 
the United States shall be the responsibility of, and shall be directed 
by, the Department of Defense.



Sec. 1201.102  Functions.

    In order to carry out the purpose of the Act, NASA is authorized to 
conduct research for the solution of problems of flight within and 
outside the Earth's atmosphere; to develop, construct, test, and operate 
aeronautical and space vehicles for research purposes; to operate a 
space transportation system including the space shuttle, upper stages, 
space program, space station, and related equipment; and to perform such 
other activities as may be required for the exploration of space. The 
term aeronautical and space vehicles means aircraft, missiles, 
satellites, and other space vehicles, together with related equipment, 
devices, components, and parts. It conducts activities required for the 
exploration of space with manned and unmanned vehicles and arranges for 
the most effective utilization of the scientific and engineering 
resources of the United States with other nations engaged in 
aeronautical and space activities for peaceful purposes.



Sec. 1201.103  Administration.

    (a) NASA is headed by an Administrator, who is appointed from 
civilian life by the President by and with the advice and consent of the 
Senate. The Administrator is responsible, under the supervision and 
direction of the President, for exercising all powers and discharging 
all duties of NASA.
    (b) The Deputy Administrator of NASA is also appointed by the 
President from civilian life by and with the advice and consent of the 
Senate. The Deputy Administrator acts with or for the Administrator 
within the full scope of the Administrator's responsibilities. In the 
Administrator's absence, the Deputy Administrator serves as Acting 
Administrator.



                         Subpart 2_Organization



Sec. 1201.200  General.

    NASA's basic organization consists of the Headquarters, nine field 
Centers, the Jet Propulsion Laboratory (a Federally Funded Research and 
Development Center), and several component installations which report to 
Center Directors. Responsibility for overall

[[Page 6]]

planning, coordination, and control of NASA programs is vested in NASA 
Headquarters located in Washington, DC. For additional information, 
visit http://www.nasa.gov/about/org_index.html.

[79 FR 18444, Apr. 2, 2014]



                     Subpart 3_Boards and Committees



Sec. 1201.300  Boards and committees.

    (a) NASA's Contract Adjustment Board (CAB) and Inventions and 
Contributions Board (ICB) were established as part of the permanent 
organization structure of NASA. Charters for both Boards are set forth 
in part 1209 of this chapter. Procedures for the CAB are set out in 48 
CFR part 1850, and procedures for the ICB are set out in 14 CFR parts 
1240 and 1245.
    (b) The Armed Services Board of Contract Appeals (ASBCA) is a 
neutral, independent forum whose primary function is to hear and decide 
post-award contract disputes between government contractors and those 
entities with whom the ASBCA has entered into agreement to provide 
services (NASA is one of those entities). The ASBCA functions in 
accordance with the Contract Disputes Act (41 U.S.C. 7101-7109), its 
Charter, or other remedy-granting provisions. Information about the 
ASBCA can be obtained by mail at ASBCA, Skyline 6, Suite 700, 5109 
Leesburg Pike, Falls Church, Virginia 22041-3208, by phone at 703-681-
8500, or from the Web at www.asbca.mil.

[79 FR 18444, Apr. 2, 2014]

Subpart 4 [Reserved]



PART 1203_INFORMATION SECURITY PROGRAM--Table of Contents



                             Subpart A_Scope

Sec.
1203.100  Legal basis.
1203.101  Other applicable NASA regulations.

               Subpart B_NASA Information Security Program

1203.200  Background and discussion.
1203.201  Information security objectives.
1203.202  Responsibilities.
1203.203  Degree of protection.

         Subpart C_Classification Principles and Considerations

1203.300  General.
1203.301  Identification of information requiring protection.
1203.302  Compilation.
1203.303  Distribution controls.
1203.304  Internal effect.
1203.305  Restricted data.

              Subpart D_Guides for Original Classification

1203.400  Specific classifying guidance.
1203.401  Effect of open publication.
1203.402  Classifying material other than documentation.
1203.403  [Reserved]
1203.404  Handling of unprocessed data.
1203.405  Proprietary information.
1203.406  Additional classification factors.
1203.407  Duration of classification.
1203.408  Assistance by Information Security Specialist in the Center 
          Protective Services Office.
1203.410  Limitations.
1203.411  Restrictions.
1203.412  Classification guides.

                   Subpart E_Derivative Classification

1203.500  Use of derivative classification.
1203.501  Applying derivative classification markings.

               Subpart F_Declassification and Downgrading

1203.600  Policy.
1203.601  Responsibilities.
1203.602  Authorization.
1203.603  Systematic review for declassification.
1203.604  Mandatory review for declassification.

Subpart G [Reserved]

  Subpart H_Delegation of Authority To Make Determinations in Original 
                         Classification Matters

1203.800  Establishment.
1203.801  Responsibilites
1203.802  Membership.
1203.803  Ad hoc committees.
1203.804  Meetings.

          Subpart I_NASA Information Security Program Committee

1203.900  Establishment.
1203.901  Responsibilities.
1203.902  Membership.
1203.903  Ad hoc committees.

[[Page 7]]

1203.904  Meetings.

  Subpart J_Special Access Programs (SAP) and Sensitive Compartmented 
                       Information (SCI) Programs

1203.1000  General.
1203.1001  Membership.
1203.1002  Ad hoc committees.
1203.1003  Meetings.

    Authority: E.O. 13526, E.O. 12968, E.O. 13549, E.O. 12829, 32 CFR 
part 2001, and 51 U.S.C., 20132, 20133.

    Source: 44 FR 34913, June 18, 1979, unless otherwise noted.



                             Subpart A_Scope



Sec. 1203.100  Legal basis.

    (a) Executive Order 13526 (hereinafter referred to as ``the 
Order''). The responsibilities and authority of the Administrator of 
NASA with respect to the original classification of official information 
or material requiring protection against unauthorized disclosure in the 
interest of national defense or foreign relations of the United States 
(hereinafter collectively termed ``national security''), and the 
standards for such classification, are established by the ``the Order'' 
and the Information Security Oversight Office Directive No. 1, as 
amended (32 CFR part 2001, ``Classified National Security 
Information'');
    (b) E.O. 10865. Executive Order 10865 (24 FR 1583) requires the 
Administrator to prescribe by regulation such specific requirements, 
restrictions and other safeguards as the Administrator may consider 
necessary to protect:
    (1) Releases of classified information to or within United States 
industry that relate to contracts with NASA; and
    (2) Other releases of classified information to industry that NASA 
has responsibility for safeguarding.
    (c) The National Aeronautics and Space Act. (1) The National 
Aeronautics and Space Act (51 U.S.C. 20113) (Hereafter referred to as, 
``The Space Act''), states:

    The Administrator shall establish such security requirements, 
restrictions, and safeguards as he deems necessary in the interest of 
the national security * * *

    (2) Section 303 of the Space Act states:

    Information obtained or developed by the Administrator in the 
performance of his functions under this Act shall be made available for 
public inspection, except (i) information authorized or required by 
Federal statute to be withheld, and (ii) information classified to 
protect the national security: Provided, That nothing in this Act shall 
authorize the withholding of information by the Administrator from the 
duly authorized committees of the Congress.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5889, Feb. 9, 1983; 64 
FR 72535, Dec. 28, 1999; 78 FR 5117, Jan. 24, 2013]



Sec. 1203.101  Other applicable NASA regulations.

    (a) Subpart H of this part, ``Delegation of Authority to Make 
Determinations in Original Security Classification Matters.''
    (b) Subpart I of this part, ``NASA Information Security Program 
Committee.''
    (c) NASA Procedural Requirements (NPR) 1600.2, NASA Classified 
National Security Information (CNSI).

[44 FR 34913, June 18, 1979, as amended at 78 FR 5117, Jan. 24, 2013]



               Subpart B_NASA Information Security Program



Sec. 1203.200  Background and discussion.

    (a) In establishing a civilian space program, the Congress required 
NASA to ``provide for the widest practicable and appropriate 
dissemination of information concerning its activities and the results 
thereof,'' and for the withholding from public inspection of that 
information that is classified to protect the national security.
    (b) The Order was promulgated in recognition of the essential 
requirement for an informed public concerning the activities of its 
Government, as well as the need to protect certain national security 
information from unauthorized disclosure. It delegates to NASA certain 
responsibility for matters pertaining to national security and confers 
on the Administrator of NASA, or such responsible officers or employees 
as the Administrator may designate, the authority for original 
classification of official information or material which requires 
protection in the interest of national security. It also provides for:

[[Page 8]]

    (1) Basic classification, downgrading and declassification 
guidelines;
    (2) The issuance of directives prescribing the procedures to be 
followed in safeguarding classified information or material;
    (3) A monitoring system to ensure the effectiveness of the Order;
    (4) Appropriate administrative sanctions against officers and 
employees of the United States Government who are found to be in 
violation of the Order or implementing directive; and
    (5) Classification limitations and restrictions as discussed in 
Secs. 1203.410 and 1203.411.
    (c) The Order requires the timely identification and protection of 
that NASA information the disclosure of which would be contrary to the 
best interest of national security. Accordingly, the determination in 
each case must be based on a judgment as to whether disclosure of 
information could reasonably be expected to result in damage to the 
national security.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5889, Feb. 9, 1983; 78 
FR 5117, Jan. 24, 2013]



Sec. 1203.201  Information security objectives.

    The objectives of the NASA Information Security Program are to:
    (a) Ensure that information is classified only when a sound basis 
exists for such classification and only for such period as is necessary.
    (b) Prevent both the unwarranted classification and the 
overclassification of NASA information.
    (c) Ensure the greatest practicable uniformity within NASA in the 
classification of information.
    (d) Ensure effective coordination and reasonable uniformity with 
other Government departments and agencies, particularly in areas where 
there is an exchange or sharing of information, techniques, hardware, 
software, or other technologies.
    (e) Provide a timely and effective means for downgrading or 
declassifying information when the circumstances necessitating the 
original classification change or no longer exist.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5117, Jan. 24, 2013]



Sec. 1203.202  Responsibilities.

    (a) The Chairperson, NASA Information Security Program Committee 
(NISPC) (Subpart I of this part), who is the Assistant Administrator for 
Protective Services, or designee, is responsible for:
    (1) Directing the NASA Information Security Program (NISP) in 
accordance with NASA policies and objectives and applicable laws and 
regulations.
    (2) Ensuring effective compliance with and implementation of ``the 
Order'' and the Information Security Oversight Office Directive No. 1 
relating to security classification matters.
    (3) Reviewing, in consultation with the NASA Information Security 
Program Committee NISPC, questions, suggestions, appeals and compliance 
concerning the NISP and making determinations concerning them.
    (4) Coordinating NASA security classification matters with NASA 
Centers and component facilities and other Government agencies.
    (5) Ensuring Security Classification Guides for NASA are developed 
for NASA programs and projects.
    (6) Developing, maintaining and recommending to the Administrator 
guidelines for the systematic review covering all classified information 
under NASA's jurisdiction.
    (7) Reviewing and coordinating with appropriate offices all appeals 
of denials of requests for records under sections 552 and 552a of Title 
5, United States Code (Freedom of Information and Privacy Acts) when the 
denials are based on the records' continued classification.
    (8) Recommending to the Administrator appropriate administrative 
action to correct abuse or violations of any provision of the NISP, 
including notifications by warning letter, formal reprimand and to the 
extent permitted by law, suspension without pay and removal.
    (b) All NASA employees are responsible for bringing to the attention 
of the Chairperson of the NISPC any information security problems in 
need of resolution, any areas of interest wherein information security 
guidance is lacking, and any other matters likely to impede achievement 
of the objectives prescribed in this section.

[[Page 9]]

    (c) Each NASA official to whom the authority for original 
classification is delegated shall be accountable for the propriety of 
each classification (see subpart H) and is responsible for:
    (1) Ensuring that classification determinations are consistent with 
the policy and objectives prescribed above, and other applicable 
guidelines.
    (2) Bringing to the attention of the Chairperson, NISPC, for 
resolution, any disagreement with classification determinations made by 
other NASA officials.
    (3) Ensuring that information and material which no longer requires 
its present level of protection is promptly downgraded or declassified 
in accordance with applicable guidelines within a reasonable period.
    (d) Other supervisors of NASA offices are responsible for:
    (1) Ensuring that classified information or material prepared within 
their respective offices is appropriately marked.
    (2) Ensuring that material proposed for public release is reviewed 
to redact classified information contained therein.
    (e) Chiefs of Protective Services at NASA Centers are responsible 
for:
    (1) Developing proposed Security Classification Guides and 
submitting the guide to the Office of Protective Services for review and 
approval.
    (2) Ensuring that classified information or material prepared in 
their respective Center is appropriately marked.
    (3) Ensuring that material proposed for public release is reviewed 
to redact classified information.
    (4) Coordinating all security classification actions with the 
Center's Protective Services Office.
    (f) The Director of the Office of Protective Services, NASA 
Headquarters, who serves as a member and Executive Secretary of the 
NISPC, is responsible for the NASA-wide coordination of security 
classification matters.
    (g) The Information Security Program Manager, Office of Protective 
Services (OPS), is responsible for establishing procedures for the 
safeguarding of classified information or material (e.g., 
accountability, control, access, storage, transmission, and marking) and 
for ensuring that such procedures are systematically reviewed; and those 
which are duplicative or unnecessary are eliminated.

[44 FR 34913, June 18, 1979, as amended at 45 FR 3888, Jan. 21, 1980; 48 
FR 5890, Feb. 9, 1983; 53 FR 41318, Oct. 21, 1988; 64 FR 72535, Dec. 28, 
1999; 78 FR 5117, Jan. 24, 2013]



Sec. 1203.203  Degree of protection.

    (a) General. Upon determination that information or material must be 
classified, the degree of protection commensurate with the sensitivity 
of the information must be determined. If there is reasonable doubt 
about the need to classify information, it shall be safeguarded as if it 
were classified pending a determination by an original classification 
authority, who shall make this determination within 30 days. If there is 
reasonable doubt about the appropriate level of classification, it shall 
be safeguarded at the higher level of classification pending a 
determination by an original classification authority, who shall make 
this determination within 30 days.
    (b) Authorized categories of classification. The three categories of 
classification, as authorized and defined in ``the Order,'' are set out 
below. No other restrictive markings are authorized to be placed on NASA 
classified documents or materials except as expressly provided by 
statute or by NASA Directives.
    (1) Top Secret. Top Secret is the designation applied to information 
or material, the unauthorized disclosure of which could reasonably be 
expected to cause exceptionally grave damage to the national security.
    (2) Secret. Secret is the designation applied to information or 
material, the unauthorized disclosure of which could reasonably be 
expected to cause serious damage to the national security.
    (3) Confidential. Confidential is the designation applied to that 
information or material for which the unauthorized disclosure could 
reasonably be expected to cause damage to the national security.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5890, Feb. 9, 1983; 78 
FR 5117, Jan. 24, 2013]

[[Page 10]]



         Subpart C_Classification Principles and Considerations



Sec. 1203.300  General.

    In general, the types of NASA-generated information and material 
requiring protection in the interest of national security lie in the 
areas of applied research, technology or operations.



Sec. 1203.301  Identification of information requiring protection.

    Classifiers shall identify the level of classification of each 
classified portion of a document (including subject and titles), and 
those portions that are not classified.



Sec. 1203.302  Compilation.

    A compilation of items that are individually unclassified may be 
classified if the compiled information reveals an additional association 
or relationship that meets the standards of classification under the 
Order; and is not otherwise revealed in the individual items of 
information. As used in the Order, compilations mean an aggregate of 
pre-existing unclassified items of information.

[78 FR 5118, Jan. 24, 2013]



Sec. 1203.303  Distribution controls.

    NASA shall establish controls over the distribution of classified 
information to ensure that it is dispersed only to organizations or 
individuals eligible for access to such information and with a need-to-
know the information.

[78 FR 5118, Jan. 24, 2013]



Sec. 1203.304  Internal effect.

    The effect of security protection on program progess and cost and on 
other functional activities of NASA should be considered. Impeditive 
effects and added costs inherent in a security classification must be 
assessed and weighed against the detrimental effects on the national 
security interests which would result from failure to classify.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]



Sec. 1203.305  Restricted data.

    Restricted Data or Formerly Restricted Data is so classified when 
originated or by operation of the law, as required by the Atomic Energy 
Act of 1954, as amended. Specific guidance for the classification of 
Restricted Data and Formerly Restricted Data is provided in 
``Classification Guides'' published by the Department of Energy and or 
Department of Defense.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]



              Subpart D_Guides for Original Classification



Sec. 1203.400  Specific classifying guidance.

    Technological and operational information and material, and in some 
exceptional cases scientific information falling within any one or more 
of the following categories, must be classified if its unauthorized 
disclosure could reasonably be expected to cause some degree of damage 
to the national security. In cases where it is believed that a contrary 
course of action would better serve the national interests, the matter 
should be referred to the Chairperson, NISPC, for a determination. It is 
not intended that this list be exclusive; original classifiers are 
responsible for initially classifying any other type of information 
which, in their judgment, requires protection under Sec. 1.4 of ``the 
Order.''
    (a) Military plans, weapons systems, or operations;
    (b) Foreign government information;
    (c) Intelligence activities (including covert activities), 
intelligence sources or methods, or cryptology;
    (d) Foreign relations or foreign activities of the United States, 
including confidential sources;
    (e) Scientific, technological, or economic matters relating to the 
national security;
    (f) United States Government programs for safeguarding nuclear 
materials or facilities;
    (g) Vulnerabilities or capabilities of systems, installations, 
infrastructures, projects, plans, or protection services relating to the 
national security; or

[[Page 11]]

    (h) The development, production, or plans relating to the use of 
weapons of mass destruction.

[78 FR 5118, Jan. 24, 2013]



Sec. 1203.401  Effect of open publication.

    Public disclosure, regardless of source or form, of information 
currently classified or being considered for classification does not 
preclude initial or continued classification. However, such disclosure 
requires an immediate reevaluation to determine whether the information 
has been compromised to the extent that downgrading or declassification 
is indicated. Similar consideration must be given to related items of 
information in all programs, projects, or items incorporating or 
pertaining to the compromised items of information. In these cases, if a 
release were made or authorized by an official Government source, 
classification of clearly identified items may no longer be warranted. 
Questions as to the propriety of continued classification should be 
referred to the Chairperson, NASA Information Security Program 
Committee.



Sec. 1203.402  Classifying material other than documentation.

    Items of equipment or other physical objects may be classified only 
where classified information may be derived by visual observation of 
internal or external appearance, structure, operation, test, application 
or use. The overall classification assigned to equipment or objects 
shall be at least as high as the highest classification of any of the 
items of information which may be revealed by the equipment or objects, 
but may be higher if the classifying authority determines that the sum 
of classified or unclassified information warrants such higher 
classification. In every instance where classification of an item of 
equipment or object is determined to be warranted, such determination 
must be based on a finding that there is at least one aspect of the item 
or object which requires protection. If mere knowledge of the existence 
of the equipment or object would compromise or nullify the reason or 
justification for its classification, the fact of its existence should 
be classified.



Sec. 1203.403  [Reserved]



Sec. 1203.404  Handling of unprocessed data.

    It is the usual practice to withhold the release of raw scientific 
data received from spacecraft until it can be calibrated, correlated and 
properly interpreted by the experimenter under the monitorship of the 
cognizant NASA office. During this process, the data are withheld 
through administrative measures, and it is not necessary to resort to 
security classification to prevent premature release. However, if at any 
time during the processing of raw data it becomes apparent that the 
results require protection under the criteria set forth in this subpart 
D, it is the responsibility of the cognizant NASA office to obtain the 
appropriate security classification.



Sec. 1203.405  Proprietary information.

    Proprietary information made available to NASA is subject to 
examination for classification purposes under the criteria set forth in 
this subpart D. Where the information is in the form of a proposal and 
accepted by NASA for support, it should be categorized in accordance 
with the criteria of Sec. 1203.400. If NASA does not support the 
proposal but believes that security classification would be appropriate 
under the criteria of Sec. 1203.400 if it were under Government 
jurisdiction, the contractor should be advised of the reasons why 
safeguarding would be appropriate, unless security considerations 
preclude release of the explanation to the contractor. NASA should 
identify the Government department, agency or activity whose national 
security interests might be involved and the contractor should be 
instructed to protect the proposal as though classified pending further 
advisory classification opinion by the Government activity whose 
interests are involved. If such a Government activity cannot be 
identified, the contractor should be advised that the proposal is not 
under NASA jurisdiction for classification purposes, and that the 
information should be sent, under proper safeguards, to the

[[Page 12]]

Director, Information Security Oversight Office for a determination.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]



Sec. 1203.406  Additional classification factors.

    In determining the appropriate classification category, the 
following additional factors should be considered:
    (a) Uniformity within government activities. The effect 
classification will have on technological programs of other Government 
departments and agencies should be considered. Classification of 
official information must be reasonably uniform within the Government.
    (b) Applicability of classification directives of other Government 
agencies. It is necessary to determine whether authoritative 
classification guidance exists elsewhere for the information under 
consideration which would make it necessary to assign a higher 
classification than that indicated by the applicable NASA guidance. The 
Office of Protective Services will coordinate with the Information 
Security Oversight Office (ISOO) Committee and the National 
Declassification Center to determine what classification guides are 
current.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]



Sec. 1203.407  Duration of classification.

    (a) At the time of original classification, the original 
classification authority shall establish a specific date or event for 
declassification based on the duration of the national security 
sensitivity of the information. Upon reaching the date or event, the 
information shall be automatically declassified. Except for information 
that should clearly and demonstrably be expected to reveal the identity 
of a confidential human source or a human intelligence source or key 
design concepts of weapons of mass destruction, the date or event shall 
not exceed the timeframe established in paragraph (b) of this section.
    (b) If the original classification authority cannot determine an 
earlier specific date or event for declassification, information shall 
be marked for declassification 10 years from the date of the original 
decision, unless the original classification authority otherwise 
determines that the sensitivity of the information requires that it be 
marked for declassification for up to 25 years from the date of the 
original decision.
    (c) An original classification authority may extend the duration of 
classification up to 25 years from the date of origin of the document, 
change the level of classification, or reclassify specific information 
only when the standards and procedures for classifying information under 
this Order are followed.
    (d) No information may remain classified indefinitely. Information 
that is marked for an indefinite duration of classification under 
predecessor orders, for example, information marked as ``Originating 
Agency's Determination Required,'' or classified information that 
contains either incomplete or no declassification instructions, shall 
have appropriate declassification information applied in accordance with 
part 3 of this order.

[78 FR 5118, Jan. 24, 2013]



Sec. 1203.408  Assistance by Information Security Specialist in the 
Center Protective Services Office.

    Center Security Classification Officers, as the Center point-of-
contact, will assist Center personnel in:
    (a) Interpreting security classification guides and classification 
assignments for the Center.
    (b) Answering questions and considering suggestions concerning 
security classification matters.
    (c) Ensuring a continuing review of classified information for the 
purpose of declassifying or downgrading in accordance with subpart E of 
this part.
    (d) Reviewing and approving, as the representative of the 
contracting officer, the DD Form 254, Contract Security Classification 
Specification, issued to contractors by the Center.
    (e) Forwarding all security classification guides to the Office of 
Protective Services, NASA Headquarters, for final approval.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]

[[Page 13]]



Sec. 1203.409  Exceptional cases.

    (a) In those cases where a person not authorized to classify 
information originates or develops information which is believed to 
require classification, that person must contact the Center's or 
installation's Information Security Officer in the Protective Services 
Office to arrange for proper review and safeguarding. Persons other than 
NASA employees should forward the information to the NASA Central 
Registry at 300 E Street SW., Washington, DC 20546, Attention: Office of 
Protective Services.
    (b) Information in which NASA does not have primary interest shall 
be returned promptly, under appropriate safeguards, to the sender in 
accordance with Sec. 1203.405.
    (c) Material received from another agency for a NASA security 
classification determination shall be processed within 90 days. If a 
classification cannot be determined during that period, the material 
shall be sent, under appropriate safeguards, to the Director, 
Information Security Oversight Office, for a determination.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5118, Jan. 24, 2013]



Sec. 1203.410  Limitations.

    (a) In no case shall information be classified, continue to be 
maintained as classified, or fail to be declassified in order to:
    (1) Conceal violations of law, inefficiency, or administrative 
error;
    (2) Prevent embarrassment to a person, organization, or agency;
    (3) Restrain competition; or
    (4) Prevent or delay the release of information that does not 
require protection in the interest of the national security.
    (b) Basic scientific research information not clearly related to the 
national security may not be classified.
    (c) Information may not be reclassified after declassification after 
being released to the public under proper authority unless: The 
reclassification is based on a document-by-document review by NASA and a 
determination that reclassification is required to prevent at least 
significant damage to the national security and personally approved in 
writing by the Administrator, the Deputy Administrator, or the Assistant 
Administrator for Protective Services. All reclassification actions will 
be coordinated with the Information Security Oversight Office before 
final approval; the information may be reasonably recovered without 
bringing undue public attention to the information; the reclassification 
action is reported promptly to the Assistant to the President for 
National Security Affairs (the National Security Advisor) and the 
Director of the Information Security Oversight Office; and for documents 
in the physical and legal custody of the National Archives and Records 
Administration (National Archives) that have been available for public 
use, the Administrator, the Deputy Administrator, or the Assistant 
Administrator for Protective Services, after making the determinations 
required by this paragraph, shall notify the Archivist of the United 
States (hereafter, Archivist), who shall suspend public access pending 
approval of the reclassification action by the Director of the 
Information Security Oversight Office. Any such decision by the Director 
may be appealed by the agency head to the President through the National 
Security Advisor. Public access shall remain suspended pending a prompt 
decision on the appeal.
    (d) Information that has not previously been disclosed to the public 
under proper authority may be classified or reclassified after an agency 
has received a request for it under the Freedom of Information Act (5 
U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the 
Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions 
of section 3.5 of this Order only if such classification meets the 
requirements of this Order and is accomplished by document-by-document 
review with the personal participation or under the direction of the 
Administrator, the Deputy Administrator, or the Assistant Administrator 
for Protective Services. The requirements in this paragraph also apply 
to those situations in which information has been declassified in 
accordance

[[Page 14]]

with a specific date or event determined by an original classification 
authority in accordance with section 1.5 of this Order.
    (e) Compilations of items of information that are individually 
unclassified may be classified if the compiled information reveals an 
additional association or relationship that:
    (1) Meets the standards for classification under this Order; and
    (2) Is not otherwise revealed in the individual items of 
information.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5890, Feb. 9, 1983; 78 
FR 5119, Jan. 24, 2013]



Sec. 1203.411  Restrictions.

    (a) Except as provided by directives issued by the President through 
the National Security Council, classified information originating in one 
agency may not be disseminated outside any other agency to which it has 
been made available without the consent of the originating agency. For 
purposes of this section, the Department of Defense shall be considered 
one agency.
    (b) Classified information shall not be disseminated outside the 
Executive Branch except under conditions that ensure the information 
will be given protection equivalent to that afforded within the 
Executive Branch.

[48 FR 5890, Feb. 9, 1983]



Sec. 1203.412  Classification guides.

    (a) General. A classification guide, based upon classification 
determinations made by appropriate program and classification 
authorities, shall be issued for each classified system, program or 
project. Classification guides shall:
    (1) Identify the information elements to be protected, using 
categorization and subcategorization to the extent necessary to ensure 
that the information involved can be readily and uniformly identified.
    (2) State which of the classification designations (i.e., Top 
Secret, Secret or Confidential) apply to the identified information 
elements.
    (3) State the duration of each specified classification in terms of 
a period of time or future event. If the original classification 
authority cannot determine an earlier specific date or event for 
declassification, information shall be marked for declassification 10 
years from the date of the original decision, unless the original 
classification authority otherwise determines that the sensitivity of 
the information requires it be marked for declassification for up to 25 
years from the date of the original decision.
    (4) Indicate specifically that the designations, time limits, 
markings and other requirements of ``the Order'' are to be applied to 
information classified pursuant to the guide.
    (5) All security classification guides should be forwarded to the 
Office of Protective Services for review and final approval. The Office 
of Protective Services will maintain a list of all classification guides 
in current use.
    (b) Review of classification guides. Classification guides shall be 
reviewed by the originator for currency and accuracy not less than once 
every five years. Changes shall be in strict conformance with the 
provisions of this part 1203 and shall be issued promptly. If no changes 
are made, the originator shall so annotate the record copy and show the 
date of the review.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5891, Feb. 9, 1983; 78 
FR 5119, Jan. 24, 2013]



                   Subpart E_Derivative Classification



Sec. 1203.500  Use of derivative classification.

    (a) Persons who reproduce, extract, or summarize classified 
information, or who apply classification markings derived from source 
material or as directed by a classification guide, need not possess 
original classification authority.
    (b) Persons who apply derivative classification markings shall:
    (1) Be identified by name and position or by personal identifier, in 
a manner that is immediately apparent for each derivative classification 
action;
    (2) Observe and respect original classification decisions; and
    (3) Carry forward to any newly created documents the pertinent 
classification markings. For information derivatively classified based 
on multiple

[[Page 15]]

sources, the derivative classifier shall carry forward:
    (i) The date or event for declassification that corresponds to the 
longest period of classification among the sources or the marking 
established pursuant to section 1.6(a)(4)(D) of the Order; and
    (ii) A listing of the source materials.
    (c) Derivative classifiers shall, whenever practicable, use a 
classified addendum when classified information constitutes a small 
portion of an otherwise unclassified document or prepare a product to 
allow for dissemination at the lowest level of classification possible 
or in unclassified form.
    (d) Persons who apply derivative classification markings shall 
receive training in the proper application of the derivative 
classification principles of the Order, with an emphasis on avoiding 
over-classification, at least once every two years. Derivative 
classifiers who do not receive such training at least once every two 
years shall have their authority to apply derivative classification 
markings suspended until they have received such training. A waiver may 
be granted by the Administrator, the Deputy Administrator, or the 
Assistant Administrator for Protective Services if an individual is 
unable to receive such training due to unavoidable circumstances. 
Whenever a waiver is granted, the individual shall receive such training 
as soon as practicable.

[78 FR 5119, Jan. 24, 2013]



Sec. 1203.501  Applying derivative classification markings.

    Persons who apply derivative classification markings shall:
    (a) Observe and respect original classification decisions:
    (b) Verify the information's current level of classification so far 
as practicable before applying the markings; and
    (c) Carry forward to newly created documents any assigned authorized 
markings. The declassification date or event that provides the longest 
period of classification shall be used for documents classified on the 
basis of multiple sources.

[44 FR 34913, June 18, 1979, as amended at 48 FR 5891, Feb. 9, 1983]



               Subpart F_Declassification and Downgrading



Sec. 1203.600  Policy.

    Information shall be declassified or downgraded as soon as national 
security considerations permit. NASA reviews of classified information 
shall be coordinated with other agencies that have a direct interest in 
the subject matter. Information that continues to meet the 
classification requirements prescribed by Sec. 1203.400 despite the 
passage of time will continue to be protected in accordance with ``the 
Order.''

[48 FR 5891, Feb. 9, 1983]



Sec. 1203.601  Responsibilities.

    Authorized officials with Declassification Authority (DCA) may 
declassify or downgrade information that is subject to the final 
classification jurisdiction of NASA and shall take such action in 
accordance with the provisions of this subpart F.

[44 FR 34913, June 18, 1979, as amended at 78 FR 5120, Jan. 24, 2013]



Sec. 1203.602  Authorization.

    Information shall be declassified or downgraded by an authorized DCA 
official. If that official is still serving in the same position, the 
originator's successor, a supervisory official of either, or officials 
delegated such authority in writing by the Administrator or the 
Chairperson, NISPC, may also make a decision to declassify or downgrade 
information.

[78 FR 5120, Jan. 24, 2013]



Sec. 1203.603  Systematic review for declassification:

    (a) General. (1) NASA must establish and conduct a program for 
systematic declassification review of NASA-originated records of 
permanent historical value exempted from automatic declassification 
under section 3.3 of this Order. The NASA Office of Protective Services 
shall prioritize the review of

[[Page 16]]

such records in coordination with the Center Protective Service Offices.
    (2) The Archivist shall conduct a systematic declassification review 
program for classified records:
    (i) Accessioned into the National Archives;
    (ii) Transferred to the Archivist pursuant to 44 U.S.C. 2203; and
    (iii) For which the National Archives serves as the custodian for an 
agency or organization that has gone out of existence.
    (3) The Chairperson, NISPC, shall designate experienced personnel to 
assist the Archivist in the systematic review of U.S. originated 
information and foreign information exempted from automated 
declassification. Such personnel shall:
    (i) Provide guidance and assistance to the National Archives and 
Records Service in identifying and separating documents and specific 
categories of information within documents which are deemed to require 
continued classification; and
    (ii) Develop reports of information or document categories so 
separated, with recommendations concerning continued classification.
    (iii) Develop, in coordination with NASA organizational elements, 
guidelines for the systematic review for declassification of classified 
information under NASA's jurisdiction. The guidelines shall state 
specific limited categories of information which, because of their 
national security sensitivity, should not be declassified automatically, 
but should be reviewed to determine whether continued protection beyond 
25 years is needed. These guidelines are authorized for use by the 
Archivist and the Director of the Information Security Oversight Office, 
with the approval of the Senior Agency Official, which is the Assistant 
Administrator, Office of Protective Services, for categories listed in 
section 3.3 of the Order. These guidelines shall be reviewed at least 
every five years and revised as necessary, unless an earlier review for 
revision is requested by the Archivist. Copies of the declassification 
guidelines promulgated by NASA will be provided to the Information 
Security Oversight Office, National Archives and Records Administration 
(NARA). All security classified records exempt from automatic 
declassification, whether held in storage areas under installation 
control or in Federal Records Centers, will be surveyed to identify 
those requiring scheduling for future disposition.
    (A) Classified information or material over which NASA exercises 
exclusive or final original classification authority and which is to be 
declassified in accordance with the systematic review guidelines shall 
be so marked.
    (B) Classified information or material over which NASA exercises 
exclusive or final original classification authority and which, in 
accordance with the systematic review guidelines is to be kept 
protected, shall be listed by category by the responsible custodian and 
referred to the Chairperson, NASA Information Security Program 
Committee. This listing shall:
    (1) Identify the information or material involved.
    (2) Recommend classification beyond 25 years to a specific event 
scheduled to happen or a specific period of time in accordance with the 
Order.
    (3) The Administrator shall delegate to the Senior Agency Official 
the authority to determine which category shall be kept classified and 
the dates or event for declassification.
    (4) Declassification by the Director of the Information Security 
Oversight Office (DISOO). If the Director determines that NASA 
information is classified in violation of the Order, the Director may 
require the information to be declassified. Any such decision by the 
Director may be appealed through the NASA ISPC to the National Security 
Council. The information shall remain classified pending a prompt 
decision on the appeal.
    (b) [Reserved]

[78 FR 5120, Jan. 24, 2013]



Sec. 1203.604  Mandatory review for declassification.

    (a) Information covered. Except as provided in paragraph (b) of this 
section, all information classified under the Order or predecessor 
orders shall be subject to a review for declassification by the 
originating agency if:
    (1) The request for a review describes the document or material 
containing

[[Page 17]]

the information with sufficient specificity to enable the agency to 
locate it in a reasonably timely manner;
    (2) The document or material containing the information responsive 
to the request is not contained within an operational file exempted from 
search and review, publication, and disclosure under 5 U.S.C. 552 in 
accordance with law; and
    (3) The information is not the subject of pending litigation.
    (b) Presidential papers. Information originated by the President or 
Vice President; the President's White House Staff, or the Vice 
President's Staff; committees, commissions, or boards appointed by the 
President; or other entities within the Executive Office of the 
President that solely advise and assist the President are exempted from 
the provisions of paragraph (a) of this section. However, the Archivist 
shall have the authority to review, downgrade, and declassify papers or 
records of former Presidents and Vice Presidents under the control of 
the Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. 
Procedures developed by the Archivist shall provide for consultation 
with agencies having primary subject matter interest and shall be 
consistent with the provisions of applicable laws or lawful agreements 
that pertain to the respective Presidential papers or records. Agencies 
with primary subject matter interest shall be notified promptly of the 
Archivist's decision. Any final decision by the Archivist may be 
appealed by the requester or an agency to the Panel. The information 
shall remain classified pending a decision on the appeal.
    (c) Submission of requests for review. Requests for mandatory review 
of classified information shall be submitted in accordance with the 
following:
    (1) Requests originating within NASA shall, in all cases, be 
submitted directly to the NASA Office of Protective Services.
    (2) For the most expeditious action, requests from other 
Governmental agencies or from members of the public should be submitted 
directly to the NASA Office of Protective Services only. The requestor 
may submit the request to: National Aeronautics and Space Administration 
(NASA), Central Registry, 300 E Street SW., Washington DC 20546, 
Attention: Office of Protective Services/Information Security Program 
Manager. The phrase, ``Mandatory Declassification Review,'' must be 
stated in the request.
    (d) Requirement for processing. (1) Requests which are submitted 
under the Freedom of Information Act cannot be processed under the MDR 
process.
    (2) The request describes the document or material containing the 
information with sufficient specificity, such as accession numbers, box 
titles or numbers, date and title of document, in any combination, to 
enable NASA to locate it with a reasonable amount of effort, not to 
exceed 30 days. If more time is required, NASA will notify the 
requester. After review, the information or any portion thereof that no 
longer requires protection shall be declassified and released unless 
withholding is otherwise warranted under applicable law.
    (e) Processing of requests. Requests that meet the requirements of 
paragraph (d)(2) of this section will be processed as follows:
    (1) The NASA Office of Protective Services review upon receiving the 
initial request shall be completed within 365 days.
    (2) Receipt of the request shall be acknowledged promptly. The NASA 
Office of Protective Services shall determine whether, under the 
declassification provisions of this part 1203, the requested information 
may be declassified and, if so, shall make such information available to 
the requestor, unless withholding is otherwise warranted under 
applicable law. If the information may not be released in whole or in 
part, the requestor shall be given a brief statement of the reasons for 
denial, a notice of the right to appeal the determination to the 
Chairperson, NASA Information Security Program Committee, National 
Aeronautics and Space Administration, Washington, DC 20546, and a notice 
that such an appeal must be filed within 60 days in order to be 
considered.
    (3) All appeals of denials of requests for declassification shall be 
acted upon and determined finally within 120 working days after receipt, 
and the requester shall be advised that the appeal

[[Page 18]]

determination is final. If the requester is dissatisfied with NASA's 
appeal decision, the requester may initiate an appeal to the Interagency 
Security Classification Appeals Panel (ISCAP), within the Information 
Security Oversight Office. If continued classification is required under 
the provisions of this part 1203, the requester shall be notified of the 
reasons thereof.
    (4) The declassification and release of foreign government 
information that is subjected to mandatory review under this section 
shall be determined only in accordance with Sec. 1203.703.
    (5) When the NASA Office of Protective Services receives any request 
for declassification of information in documents in its custody that was 
classified by another Government agency, it shall refer copies of the 
request and the requested documents to the originating agency for 
processing and may, after consultation with the originating agency, 
inform the requester of the referral.
    (f) Neutral response. In response to a request for information under 
the Freedom of Information Act, the Privacy Act of 1974, or the 
mandatory review provisions of ``the Order,'' NASA shall refuse to 
confirm or deny the existence or non-existence of requested information 
whenever the fact of its existence or non-existence is itself 
classifiable under ``the Order.''
    (g) Declassification of transferred documents or material--(1) 
Material officially transferred. In the case of classified information 
or material transferred by or pursuant to statute or Executive Order to 
NASA in conjunction with a transfer of functions (not merely for storage 
purposes) for NASA's use and as part of its official files or property, 
as distinguished from transfers merely for purposes of storage, NASA 
shall be deemed to be the original classifying authority over such 
material for purposes of downgrading and declassification.
    (2) Material not officially transferred. When NASA has in its 
possession classified information or material originated by an agency 
which has since ceased to exist and that information has not been 
officially transferred to another department or agency or when it is 
impossible for NASA to identify the originating agency and a review of 
the material indicates that it should be downgraded or declassified, 
NASA shall be deemed to be the originating agency for the purpose of 
declassifying or downgrading such material. NASA will consult with the 
Information Security Oversight Office to assist in final disposition of 
the information.
    (3) Transfer for storage or retirement. (i) Insofar as practicable, 
classified documents shall be reviewed to determine whether or not they 
can be downgraded or declassified prior to being forwarded to records 
centers or to the National Archives for storage. Any downgrading or 
declassification determination shall be indicated on each document by 
appropriate markings.
    (ii) Classified information transferred to the General Services 
Administration for accession into the Archives of the United States 
shall be downgraded or declassified by the Archivist of the United 
States in accordance with ``the Order,'' the directives of the 
Information Security Oversight Office, GSA, and NASA guidelines.
    (h) Downgrading and declassification actions--(1) Notification of 
changes in classification or declassification. When classified material 
has been marked with specific dates or events for downgrading or 
declassification, it is not necessary to issue notices of such actions 
to any holders. However, when such actions are taken earlier than 
originally scheduled, or the duration of classification is shortened, 
the authority making such changes shall, to the extent practicable, 
ensure prompt notification to all addressees to whom the information or 
material was originally transmitted. The notification shall specify the 
marking action to be taken, the authority therefor, and the effective 
date. Upon receipt of notification, recipients shall effect the proper 
changes and shall notify addressees to whom they have transmitted the 
classified information or material.
    (2) Posted notice. If prompt remarking of large quantities would be 
unduly burdensome, the custodian may attach declassification, 
downgrading, or upgrading notices to the storage unit in lieu of the 
remarking action otherwise required. Each notice shall indicate the 
change, the authority for the action, the date of the action, and the 
storage

[[Page 19]]

units to which it applies. Items withdrawn from such storage units shall 
be promptly remarked. However, when information subject to a posted 
downgrading or declassification notice is withdrawn from one storage 
unit solely for transfer to another, or a storage unit containing such 
information is transferred from one place to another, the transfer may 
be made without remarking if the notice is attached to or remains with 
each shipment.
    (i) Foreign Relations Series. In order to permit the State 
Department editors of Foreign Relations of the United States to meet 
their mandated goal of publishing 20 years after the event, NASA shall 
assist these editors by facilitating access to appropriate classified 
materials in its custody and by expediting declassification review of 
items from its files selected for publication.
    (ii) [Reserved]

[44 FR 34913, June 18, 1979, as amended at 45 FR 3888, Jan. 21, 1980; 48 
FR 5892, Feb. 9, 1983; 53 FR 41318, Oct. 21, 1988; 78 FR 5120, Jan. 24, 
2013]

    Editorial Note: At 78 FR 5120, Jan. 24, 2013, Sec. 1203.604 was 
amended in part by revising paragraphs (d)(3) and (4); however, the 
amendatory instruction could not be incorporated completely because 
(d)(3) and (4) did not exist.

Subpart G [Reserved]



  Subpart H_Delegation of Authority To Make Determinations in Original 
                         Classification Matters

    Source: 62 FR 54380, Oct. 20, 1997, unless otherwise noted.



Sec. 1203.800  Establishment.

    Pursuant to Executive Order 13526, ``Classified National Security 
Information,'' and The Space Act, in accordance with U.S.C. Title 51, 
National and Commercial Space Program Sections 20132 and 20133, there is 
established a NASA Information Security Program Committee (as part of 
the permanent administrative structure of NASA). The NASA Assistant 
Administrator for Protective Services, or designee, shall be the 
Chairperson of the Committee. The Information Security Program Manager, 
NASA Office of Protective Services, is designated to act as the 
Committee Executive Secretary.

[78 FR 5121, Jan. 24, 2013]



Sec. 1203.801  Responsibilities.

    (a) The Chairperson reports to the Administrator concerning the 
management and direction of the NASA Information Security Program as 
provided for in subpart B of this part. In this connection, the 
Chairperson is supported and advised by the Committee.
    (b) The Committee shall act on all appeals from denials of 
declassification requests and on all suggestions and complaints with 
respect to administration of the NASA Information Security Program as 
provided for in subpart B of this part.
    (c) The Executive Secretary of the Committee shall maintain all 
records produced by the Committee, its subcommittees, and its ad hoc 
panels.
    (d) The Office of Protective Services will provide staff assistance 
and investigative and support services for the Committee.

[78 FR 5121, Jan. 24, 2013]



Sec. 1203.802  Membership.

    The Committee membership will consist of the Chairperson, the 
Executive Secretary, and one person nominated by each of the following 
NASA officials:
    (a) The Associate Administrators for:
    (1) Aeronautics.
    (2) Science Missions Directorate.
    (3) Human Explorations and Operations.
    (4) International and Interagency Relations.
    (b) The Associate Administrator.
    (c) The General Counsel.
    (d) The Chief Information Officer.
    (e) Other members may be designated upon specific request of the 
Chairperson.

[78 FR 5121, Jan. 24, 2013]



Sec. 1203.803  Ad hoc committees.

    The Chairperson is authorized to establish such ad hoc panels or 
subcommittees as may be necessary in the conduct of the Committee's 
work.

[78 FR 5121, Jan. 24, 2013]

[[Page 20]]



Sec. 1203.804  Meetings.

    (a) Meetings will be held at the call of the Chairperson.
    (b) Records produced by the Committee and the minutes of each 
meeting will be maintained by the Executive Secretary.

[78 FR 5121, Jan. 24, 2013]



          Subpart I_NASA Information Security Program Committee

    Source: 54 FR 6881, Feb. 15, 1989, unless otherwise noted.



Sec. 1203.900  Establishment.

    Pursuant to Executive Order 13526, ``Classified National Security 
Information,'' and The Space Act, in accordance with U.S.C. Title 51, 
National and Commercial Space Program Sections 20132 and 20133, there is 
established a NASA Information Security Program Committee (as part of 
the permanent administrative structure of NASA. The NASA Assistant 
Administrator for Protective Services, or designee, shall be the 
Chairperson of the Committee. The Information Security Program Manager, 
NASA Office of Protective Services, is designated to act as the 
Committee Executive Secretary.

[78 FR 5122, Jan. 24, 2013]



Sec. 1203.901  Responsibilities.

    (a) The Chairperson reports to the Administrator concerning the 
management and direction of the NASA Information Security Program as 
provided for in subpart B of this part. In this connection, the 
Chairperson is supported and advised by the Committee.
    (b) The Committee shall act on all appeals from denials of 
declassification requests and on all suggestions and complaints with 
respect to administration of the NASA Information Security Program as 
provided for in subpart B of this part.
    (c) The Executive Secretary of the Committee shall maintain all 
records produced by the Committee, its subcommittees, and its ad hoc 
panels.
    (d) The Office of Protective Services, will provide staff 
assistance, and investigative and support services for the Committee.

[54 FR 6881, Feb. 15, 1989, as amended at 78 FR 5122, Jan. 24, 2013]



Sec. 1203.902  Membership.

    The Committee will consist of the Chairperson and Executive 
Secretary. In addition, each of the following NASA officials will 
nominate one person to Committee membership:
    (a) Associate Administrator for:
    (1) Aero-Space Technology.
    (2) Space Science.
    (3) Space Flight.
    (4) External Relations.
    (5) Life and Microgravity Sciences and Applications.
    (b) Associate Deputy Administrator.
    (c) General Counsel.
    Other members may be designated upon specific request of the 
Chairperson.

[54 FR 6881, Feb. 15, 1989, as amended at 64 FR 72535, Dec. 28, 1999]



Sec. 1203.903  Ad hoc committees.

    The Chairperson is authorized to establish such ad hoc panels or 
subcommittees as may be necessary in the conduct of the Committee's 
work.



Sec. 1203.904  Meetings.

    (a) Meetings will be held at the call of the Chairperson.
    (b) Records produced by the Committee and the minutes of each 
meeting will be maintained by the Executive Secretary.



  Subpart J_Special Access Programs (SAP) and Sensitive Compartmented 
                       Information (SCI) Programs

    Source: 78 FR 5122, Jan. 24, 2013, unless otherwise noted.



Sec. 1203.1000  General.

    A SAP or SCI program shall be created within NASA only upon specific 
written approval of the Administrator and must be coordinated with the 
Assistant Administrator for Protective Services, or designee, to ensure 
required security protocols are implemented and maintained.

[[Page 21]]



Sec. 1203.1001  Membership.

    The Committee membership will consist of the Chairperson, the 
Executive Secretary, and one person nominated by each of the following 
NASA officials:
    (a) The Associate Administrators for:
    (1) Aeronautics.
    (2) Science Missions Directorate.
    (3) Human Explorations and Operations.
    (4) International and Interagency Relations.
    (b) The Associate Administrator.
    (c) The General Counsel.
    (d) The Chief Information Officer.
    (e) Other members may be designated upon specific request of the 
Chairperson.



Sec. 1203.1002  Ad hoc committees.

    The Chairperson is authorized to establish such ad hoc panels or 
subcommittees as may be necessary in the conduct of the Committee's 
work.



Sec. 1203.1003  Meetings.

    (a) Meetings will be held at the call of the Chairperson.
    (b) Records produced by the Committee and the minutes of each 
meeting will be maintained by the Executive Secretary.



PART 1203a_NASA SECURITY AREAS--Table of Contents



Sec.
1203a.100  Purpose and scope.
1203a.101  Definitions.
1203a.102  Establishment, maintenance, and revocation of security areas.
1203a.103  Access to security areas.
1203a.104  Violation of security areas.
1203a.105  Implementation by field and component installations.

    Authority: The National Aeronautics and Space Act of 1958, as 
amended, 51 U.S.C. 20101 et seq.

    Source: 38 FR 8056, Mar. 28, 1973, unless otherwise noted.



Sec. 1203a.100  Purpose and scope.

    (a) To insure the uninterrupted and successful accomplishment of the 
NASA mission, certain designated security areas may be established and 
maintained by NASA Centers and Component Facilities in order to provide 
appropriate and adequate protection for facilities, property, or 
classified/proprietary information and material in the possession of 
NASA or NASA contractors located at NASA Centers and Component 
Facilities.
    (b) This part sets forth:
    (1) The designation and maintenance of security areas,
    (2) The responsibilities and procedures in connection therewith, and
    (3) The penalties that may be enforced through court actions against 
unauthorized persons entering security areas.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5123, Jan. 24, 2013]



Sec. 1203a.101  Definitions.

    For the purpose of this part, the following definitions apply:
    (a) Security area. A physically defined area, established for the 
protection or security of facilities, property, or classfied/proprietary 
information and material in the possession of NASA or a NASA contractor 
located at a NASA Center or Component Facility, entry to which is 
subject to security measures, procedures, or controls. Security areas 
which may be established are:
    (1) Controlled area. An area in which security measures are taken to 
safeguard and control access to property and hazardous materials or 
other sensitive material or to protect operations that are vital to the 
accomplishment of the mission assigned to a Center or Component 
Facility. The controlled area shall have a clearly defined perimeter, 
but permanent physical barriers are not required.
    (2) Limited area. An area in which security measures are taken to 
safeguard or control access to classified material or unclassified 
property warranting special protection or property and hazardous 
materials or to protect operations that are vital to the accomplishment 
of the mission assigned to a Center or Component Facility. A Limited 
Area shall also have a clearly defined perimeter, but differs from a 
Controlled Area in that permanent physical barriers and access control 
devices, including walls and doors with locks or access devices, are 
emplaced to assist the occupants in keeping out unauthorized personnel. 
All facilities

[[Page 22]]

designated as NASA Critical Infrastructure or a key resource will be 
designated at a minimum as ``Limited'' areas.
    (3) Exclusion area. An area that is a permanent facility dedicated 
solely to the safeguarding and use of Classified National Security 
Information. It is used when vaults are unsuitable or impractical and 
where entry to the area alone provides visible or audible access to 
classified material. To prevent unauthorized access to an exclusion 
area, visitors will be escorted or other internal restrictions 
implemented, as determined by the Center Security Office.
    (b) Temporary security area. A designated interim security area, the 
need for which will not exceed 30 days from date of establishment. A 
temporary security area may also be established, pending approval of its 
establishment as a permanent security area.
    (c) Permanent security area. A designated security area, the need 
for which will exceed 30 days from date of establishment.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5123, Jan. 24, 2013]



Sec. 1203a.102  Establishment, maintenance, and revocation of security areas.

    (a) Establishment. (1) Directors of NASA Centers, including 
Component Facilities and Technical and Service Support Centers, and the 
Executive Director for Headquarters Operations at NASA Headquarters may 
establish, maintain, and protect such areas designated as Controlled, 
Limited, or Exclusion, depending upon their assessment of the potential 
for unauthorized persons either to:
    (i) Obtain knowledge of classified information,
    (ii) Damage or remove property, or to
    (iii) Disrupt NASA or NASA contractor operations.
    (2) The concurrence of the Assistant Administrator for Protective 
Services NASA Headquarters, shall be obtained prior to the establishment 
of a permanent security area.
    (3)(i) At a minimum, the following information will be submitted to 
the Assistant Administrator for Protective Services 15 workdays prior to 
establishment of each permanent security area:
    (a) The name and specific location of the NASA Center or Component 
Facility, or property to be protected.
    (b) A statement that the property is owned by, or leased to, the 
United States for use by NASA or is the property of a NASA contractor 
located on a NASA Center or Component Facility.
    (c) Designation desired: i.e., controlled, limited, or Exclusion.
    (d) Specific purpose(s) for the establishment of a security area.
    (ii) For those areas currently designated by the Center as 
``permanent security areas,'' the information set forth in paragraph 
(d)(3)(i) of this section will be furnished to the Assistant 
Administrator for Protective Services , NASA Headquarters, within 30 
workdays of the effective date of this part.
    (b) Maintenance. The security measures which may be utilized to 
protect such areas will be determined by the requirements of individual 
situations. At a minimum, such security measures will:
    (1) Provide for the posting of signs at entrances and at such 
intervals along the perimeter of the designated area as to provide 
reasonable notice to persons about to enter thereon. The Assistant 
Administrator for Protective Services, NASA Headquarters, upon request, 
may approve the use of signs that are now being used pursuant to a State 
statute.
    (2) Regulate authorized personnel entry and movement within the 
area.
    (3) Deny entry of unauthorized persons or property.
    (4) Prevent unauthorized removal of classified information and 
material or property from a NASA Center or Component Facility.
    (c) Revocation. Once the need for an established permanent security 
area no longer exists, the area will be returned immediately to normal 
controls and procedures or as soon as practicable. The Assistant 
Administrator for Protective Services will be informed of permanent 
security area revocations within 15 workdays.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5124, Jan. 24, 2013]

[[Page 23]]



Sec. 1203a.103  Access to security areas.

    (a) Only those NASA employees, NASA contractor employees, and 
visitors who have a need for such access and who meet the following 
criteria may enter a security area:
    (1) Controlled area. Be authorized to enter the area alone or be 
escorted by or under the supervision of a NASA employee or NASA 
contractor employee who is authorized to enter the area.
    (2) Limited area. Possess a security clearance equal to the level of 
the classified information or material held, discussed, or disseminated 
on site or is the holder of a positive national agency check if 
classified material or information is not involved. Personnel who do not 
meet the requirements for unescorted access may be escorted by a NASA 
employee or NASA contractor employee who meets the access requirements 
and has been authorized to enter the area.
    (3) Exclusion area. Possess a security clearance equal to the 
classified information or material involved.
    (b) The Center Directors, including Component Facilities and 
Technical and Service Support Centers, and the Executive Director for 
Headquarters Operations, NASA Headquarters, may rescind previously 
granted authorizations to enter a security area when an individual's 
access is no longer required, threatens the security of the property, or 
is disruptive of Government operations.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5124, Jan. 24, 2013]



Sec. 1203a.104  Violation of security areas.

    (a) Removal of unauthorized persons. The Center Directors, including 
Component Facilities and Technical and Service Support Centers, and the 
Executive Director for Headquarters, NASA Headquarters may order the 
removal or eviction of any person whose presence in a designated 
security area is in violation of the provisions of this part or any 
regulation or order established pursuant to the provisions of this part.
    (b) Criminal penalties for violation. Whoever willfully violates, 
attempts to violate, or conspires to violate any regulation or order 
establishing requirements or procedures for authorized entry into an 
area designated controlled, limited, or exclusion pursuant to the 
provisions of this part may be subject to prosecution under 18 U.S.C. 
799 which provides penalties for a fine of not more than $5,000 or 
imprisonment for not more than 1 year, or both.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5124, Jan. 24, 2013]



Sec. 1203a.105  Implementation by field and component installations.

    If a Director of a NASA Centers and Component Facilities, finds it 
necessary to issue supplemental instructions to any provision of this 
part, the instructions must first be published in the Federal Register. 
Therefore, the proposed supplemental instructions will be sent to the 
Assistant Administrator for Protective Services, NASA Headquarters, in 
accordance with NASA Policy Directive 1400.2, Publishing NASA Documents 
in the Federal Register and Responding to Regulatory Actions for 
processing.

[38 FR 8056, Mar. 28, 1973, as amended at 78 FR 5124, Jan. 24, 2013]



PART 1203b_SECURITY PROGRAMS; ARREST AUTHORITY AND USE OF FORCE BY 
NASA SECURITY FORCE PERSONNEL--Table of Contents



Sec.
1203b.100  Purpose.
1203b.101  Scope.
1203b.102  Definitions.
1203b.103  Arrest authority.
1203b.104  Exercise of arrest authority--general guidelines.
1203b.105  Use of non-deadly physical force when making an arrest.
1203b.106  Use of deadly force.
1203b.107  Use of firearms.
1203b.108  Management oversight.
1203b.109  Disclaimer.

    Authority: The National and Commercial Space Program (51 U.S.C.). 
Sections 20132 and 20133 et seq.

    Source: 57 FR 4926, Feb. 11, 1992, unless otherwise noted.



Sec. 1203b.100  Purpose.

    This regulation implements 51 U.S.C. National and Commercial Space 
Programs, sections 20133 and 20134, by establishing guidelines for the 
exercise of

[[Page 24]]

arrest authority and for the exercise of physical force, including 
deadly force, in conjunction with such authority.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5124, Jan. 24, 2013]



Sec. 1203b.101  Scope.

    This part applies to only those NASA and NASA contractor security 
force personnel who are authorized to exercise arrest authority in 
accordance with 51 U.S.C. 20134 and this regulation.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5124, Jan. 24, 2013]



Sec. 1203b.102  Definitions.

    Accredited Course of Training. A course of instruction offered by 
the NASA Protective Services Training Academy, or an equivalent course 
of instruction offered by another Federal agency. See 
Sec. 1203b.103(a)(1).
    Arrest. An act, resulting in the restriction of a person's movement, 
other than a brief detention for purposes of questioning concerning a 
person's identity and requesting identification, accomplished by means 
of force or show of authority under circumstances that would lead a 
reasonable person to believe that he/she was not free to leave the 
presence of the officer.
    Contractor. NASA contractors and subcontractors at all levels.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5125, Jan. 24, 2013]



Sec. 1203b.103  Arrest authority.

    (a) NASA security force personnel may exercise arrest authority, 
provided that:
    (1) They have graduated from an accredited training course (see 
Sec. 1203b.102(a)); and
    (2) They have been certified in writing by the Assistant 
Administrator for Protective Services, or designee, as specifically 
authorized to exercise arrest authority.
    (b) The authority of NASA security force personnel to make a 
warrantless arrest is subject to the following conditions:
    (1) The arresting officer must be guarding and protecting property 
owned or leased by, or under the control of, the United States under the 
administration and control of NASA or one of its contractors or 
subcontractors, at facilities owned by or contracted to NASA; and
    (2) The person to be arrested has committed in the arresting 
officer's presence an offense against the United States Government, 
NASA, or a NASA contractor; or
    (3) The arresting officer has reasonable grounds to believe that the 
person to be arrested has committed or is committing any felony 
cognizable under the laws of the United States.
    (c) The Office of the General Counsel, NASA Headquarters, or the 
Center Chief Counsel's Office, as appropriate, shall provide guidance as 
to the applicability of these regulations.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5125, Jan. 24, 2013]



Sec. 1203b.104  Exercise of arrest authority--general guidelines.

    (a) In making an arrest, the security force personnel should 
announce their authority and that the person is under arrest prior to 
taking the person into custody. If the circumstances are such that 
making such an announcement would be useless or dangerous to the 
security force personnel or others, the security force personnel may 
dispense with these announcements, but must subsequently identify 
themselves and their arrest authority to the arrested person(s) as soon 
as reasonably possible.
    (b) The security force personnel at the time and place of arrest may 
search the arrested person and the area immediately surrounding the 
arrested person for weapons and criminal evidence. This is to protect 
the arresting officer and to prevent the destruction of evidence.
    (c) Custody of the person arrested should be transferred to other 
Federal law enforcement personnel (e.g., United States Marshals or FBI 
agents) or to local law enforcement agency personnel, as appropriate, as 
soon as possible, in order to ensure the person is brought before a 
magistrate without unnecessary delay.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5125, Jan. 24, 2013]

[[Page 25]]



Sec. 1203b.105  Use of non-deadly physical force when making an arrest.

    When a security force personnel has the right to make an arrest, as 
discussed in Sec. 1203b.103, the officer may use only that non-deadly 
physical force which is reasonable and necessary to apprehend and arrest 
the offender; to prevent the escape of the offender; or to defend 
himself/herself or a third person from what the security force officer 
reasonably believes to be the use or threat of imminent use of non-
deadly physical force by the offender. Verbal abuse alone by the 
offender cannot be the basis under any circumstances for use of non-
deadly physical force by a security force officer.

[57 FR 4926, Feb. 11, 1992, as amended at 78 FR 5125, Jan. 24, 2013]



Sec. 1203b.106  Use of deadly force.

    NASA security force personnel may use deadly force only when 
necessary, that is, when the officer has a reasonable belief that the 
subject of such force poses an imminent danger of death or serious 
physical injury to the officer or to another person.
    (a) Deadly force may not be used solely to prevent the escape of a 
fleeing suspect.
    (b) Firearms may not be fired solely to disable moving vehicles.
    (c) If feasible and if to do so would not increase the danger to the 
officer or others, a verbal warning to submit to the authority of the 
officer shall be given prior to the use of deadly force.
    (d) Warning shots are not permitted outside of the prison context.
    (e) Officers will be trained in alternative methods and tactics for 
handling resisting subjects which must be used when the use of deadly 
force is not authorized by this policy.

[78 FR 5125, Jan. 24, 2013]



Sec. 1203b.107  Use of firearms.

    (a) If it becomes necessary to use a firearm in any of the 
circumstances described in Sec. 1203b.106, NASA security force personnel 
shall comply with the following precautions whenever possible:
    (1) Give an order to halt or desist before firing.
    (2) Do not fire if shots are likely to harm innocent bystanders.
    (3) Shoot to stop.
    (b) Warning shots are not authorized.
    (c) In the event that a security force personnel discharges a weapon 
while in a duty status:
    (1) The incident shall be reported to the Center Chief of Security 
who, in turn, will report it to the NASA Assistant Administrator for 
Protective Services as expeditiously as possible, with as many details 
supplied as are available.
    (2) The officer shall be promptly suspended from duty with pay or 
reassigned to other duties not involving the use of a firearm, as the 
Center Director or the Assistant Administrator for Protective Services 
deems appropriate, pending investigation of the incident.
    (3) The cognizant Center Director, or for incidents occurring at 
NASA Headquarters, the Executive Director for Headquarters Operations, 
shall appoint an investigating officer to conduct a thorough 
investigation of the incident. Additional personnel may also be 
appointed, as needed to assist the investigating officer. Upon 
conclusion of the investigation, the investigating officer shall submit 
a written report of findings and recommendations to the appropriate 
Installation Director or the Assistant Administrator for Protective 
Services.
    (4) Upon conclusion of the investigation, the Center Director or the 
Assistant Administrator for Protective Services, with the advice of 
Counsel, shall determine the disposition appropriate to the case.
    (d) Firearms will be periodically inspected and kept in good working 
order by a qualified gunsmith. Ammunition, holsters, and related 
equipment will be periodically inspected for deterioration and kept in 
good working order. Firearms and ammunition will be securely stored 
separately in locked containers. Firearms will not be stored in a loaded 
condition. Neither firearms nor ammunition will be stored in the same 
containers as money, drugs, precious materials, or classified 
information. NASA Headquarters and each Installation shall adopt 
procedures for the maintenance of records with respect to

[[Page 26]]

the issuance of firearms and ammunition.

[57 FR 4926, Feb. 11, 1992, as amended at 58 FR 5263, Jan. 21, 1993; 78 
FR 5125, Jan. 24, 2013]



Sec. 1203b.108  Management oversight.

    (a) The Administrator shall establish a committee to exercise 
management oversight over the implementation of arrest authority.
    (b) The Administrator shall establish a reporting requirement for 
NASA Headquarters and NASA Centers.
    (c) The Assistant Administrator for Protective Services, or 
designee, will ensure that all persons who are authorized to exercise 
arrest authority will, before performing these duties:
    (1) Receive instructions on regulations regarding the use of force, 
including deadly force; and
    (2) Demonstrate requisite knowledge and skill in the use of unarmed 
defense techniques and their assigned firearms.
    (d) The Associate Assistant Administrator for Protective Services, 
or designee, will also:
    (1) Ensure periodic refresher training to maintain continued 
proficiency and current knowledge of unarmed defense techniques;
    (2) Require security force personnel exercising arrest authority to 
requalify semiannually with their assigned firearms; and
    (3) Require periodic refresher training to ensure continued 
familiarity with regulations.
    (e) The Executive Director for Headquarters Operations, and Center 
Directors shall issue local policies and procedural requirements, 
subject to prior NASA Headquarters approval, which will supplement this 
regulation for NASA Headquarters or NASA Center-specific concerns.

[57 FR 4926, Feb. 11, 1992, as amended at 58 FR 5263, Jan. 21, 1993; 78 
FR 5125, Jan. 24, 2013]



Sec. 1203b.109  Disclaimer.

    These regulations are set forth solely for the purpose of internal 
National Aeronautics and Space Administration guidance. They are not 
intended to, and may not be relied upon to create any rights, 
substantive or procedural, enforceable at law by any party in any 
matter, civil or criminal, and they do not place any limitations on 
otherwise lawful activities of security force personnel or the National 
Aeronautics and Space Administration.

[57 FR 4926, Feb. 11, 1992, as amended at 58 FR 5263, Jan. 21, 1993; 78 
FR 5125, Jan. 24, 2013]



PART 1204_ADMINISTRATIVE AUTHORITY AND POLICY--Table of Contents



Subparts 1-3 [Reserved]

                     Subpart 4_Small Business Policy

Sec.
1204.400  Scope of subpart.
1204.401  Policy.
1204.402  Responsibilities.
1204.403  General policy.

                 Subpart 5_Delegations and Designations

1204.500  Scope of subpart.
1204.501  Delegation of authority--to take actions in real estate and 
          related matters.
1204.502  [Reserved]
1204.503  Delegation of authority to grant easements.
1204.504  Delegation of authority to grant leaseholds, permits, and 
          licenses in real property.
1204.505  Delegation of authority to execute certificates of full faith 
          and credit.
1204.506-1204.507  [Reserved]
1204.508  Delegation of authority of certain civil rights functions to 
          Department of Education.
1204.509  Delegation of authority to take action regarding ``liquidated 
          damage'' assessments under the Contract Work Hours and Safety 
          Standards Act, and associated labor statutes.

Subparts 6-9 [Reserved]

     Subpart 10_Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized Introduction 
                    of Weapons or Dangerous Materials

1204.1000  Scope of subpart.
1204.1001  Policy.
1204.1002  Responsibility.
1204.1003  Procedures.
1204.1004  Trespass.
1204.1005  Unauthorized introduction of firearms or weapons, explosives, 
          or other dangerous materials.
1204.1006  Violations.

[[Page 27]]

    Subpart 11_Enforcing Traffic Laws at NASA Centers and Component 
                               Facilities

1204.1100  Scope of subpart.
1204.1101  Policy.
1204.1102  Responsibilities.
1204.1103  Procedures.
1204.1104  Violations.

Subparts 12-13 [Reserved]

Subpart 14_Use of NASA Airfield Facilities by Aircraft Not Operated for 
                  the Benefit of the Federal Government

1204.1400  Scope.
1204.1401  Definitions.
1204.1402  Policy.
1204.1403  Available airport facilities.
1204.1404  Requests for use of NASA airfield facilities.
1204.1405  Approving authority.
1204.1406  Procedures in the event of a declared in-flight emergency.
1204.1407  Procedure in the event of an unauthorized use.

 Subpart 15_Intergovernmental Review of National Aeronautics and Space 
                 Administration Programs and Activities

1204.1501  Purpose.
1204.1502  Definitions.
1204.1503  Programs and activities subject to these regulations.
1204.1504  [Reserved]
1204.1505  Federal interagency coordination.
1204.1506  Procedures for selecting programs and activities under these 
          regulations.
1204.1507  Communicating with State and local officials concerning the 
          Agency's programs and activities.
1204.1508  Time limitations for receiving comments on proposed direct 
          Federal development.
1204.1509  Receiving and responding to comments.
1204.1510  Efforts to accommodate intergovernmental concerns.
1204.1511  Coordination in interstate situations.
1204.1512  [Reserved]
1204.1513  Waivers of provisions of these regulations.

 Subpart 16_Temporary Duty Travel_Issuance of Motor Vehicle for Home-to-
                           Work Transportation

1204.1600  Issuance of motor vehicle for home-to-work.

Appendix A to Part 1204--Items To Cover in Memoranda of Agreement

Subparts 1-3 [Reserved]



                     Subpart 4_Small Business Policy

    Authority: 42 U.S.C. 2473(c)(5); 42 U.S.C. 2473b; Public Law 101-
507, the VA/HUD/Indep. Agencies Appropriation Act for FY 1991, at 104 
Stat. 1380 (Nov. 5, 1990); and 15 U.S.C. 631-650.

    Source: 58 FR 43554, Aug. 17, 1993, unless otherwise noted.



Sec. 1204.400  Scope of subpart.

    This subpart establishes NASA's small business policy and outlines 
the delegation of authority in implementing this policy as required by 
Federal law.



Sec. 1204.401  Policy.

    (a) It is NASA's policy to enable small businesses (including small 
disadvantaged businesses, small women-owned businesses, HUBZone small 
businesses, veteran-owned small businesses and service disabled veteran-
owned small businesses), historically black colleges and universities, 
and other minority educational institutions the opportunity to 
participate equitably and proportionately in its total purchases and 
contracts that are consistent with the Agency's needs to execute its 
mission.
    (b) In carrying out the NASA procurement program, the primary 
consideration shall be that of securing contract performance, including 
obtaining deliveries of required items or services at the time, in the 
quantity and of the quality prescribed. In the area of research and 
development (R&D) contracts, the general policy of NASA is to award such 
contracts to those organizations determined by responsible personnel to 
have a high degree of competence in the specific branch of science or 
technology required for the successful conduct of the work. It is in the 
interest of the civilian space program that the number of firms engaged 
inR&D, work for NASA be expanded and that there be an increase in the 
extent of participation in such work by competent small business firms.

[58 FR 43554, Aug. 17, 1993, as amended at 78 FR 77353, Dec. 23, 2013]

[[Page 28]]



Sec. 1204.402  Responsibilities.

    (a) Office of Small Business Programs (OSBP). The Associate 
Administrator for Small Business Programs, NASA Headquarters, is 
responsible for the activities described in NASA Policy Directive 
1000.3, The NASA Organization. The Associate Administrator is also 
responsible for representing NASA before other Government agencies on 
matters primarily affecting small businesses.
    (b) NASA Headquarters and NASA Centers. Center Directors (including 
the Executive Director for the NASA Shared Services Center and the 
Director for the NASA Management Office, but excluding the Director for 
the Jet Propulsion Laboratory) along with the Associate Administrator 
for the Office of Small Business Programs shall nominate a qualified 
individual in their contracting office as a small business specialist to 
provide a central point of contact to which small business concerns may 
direct inquiries concerning small business matters and participation in 
NASA acquisitions. When a Center Director determines that the volume of 
acquisitions or the functions relating to acquisitions at the Center do 
not warrant a full-time small business specialist, these duties may be 
assigned to procurement personnel on a part-time basis, with the 
concurrence of the Associate Administrator for the Office of Small 
Business Programs. NASA Centers shall establish and maintain liaison 
with the Small Business Administration (SBA) Procurement Center 
Representative (PCR) or the appropriate SBA Regional Office in matters 
relating to NASA Center procurement activities. Small Business 
Specialists shall perform the duties delineated in NASA FAR Supplement 
1819.201(e)(ii). The Associate Administrator for Small Business Programs 
shall assign a Small Business Technical Advisor to each contracting 
activity within the Agency to which the SBA has assigned a PCR, pursuant 
to FAR 19.201(d)(8).

[78 FR 77353, Dec. 23, 2013]



Sec. 1204.403  General policy.

    NASA's general policy for small business programs is described in 48 
CFR part 1819, Small Business Programs; 48 CFR part 1852, Solicitation 
Provisions and Contract; and NASA Policy Directive 5000.2C, Small 
Business Subcontracting Goals (http://nodis3.gsfc.nasa.gov/
displayDir.cfm?t=NPD&c=5000&s=2).

[78 FR 77353, Dec. 23, 2013]



                 Subpart 5_Delegations and Designations

    Authority: 51 U.S.C. 20113.



Sec. 1204.500  Scope of subpart.

    This subpart establishes various delegations of authority to, and 
designations of, National Aeronautics and Space Administration officials 
and other Government officials acting on behalf of the agency to carry 
out prescribed functions of the National Aeronautics and Space 
Administration.

[30 FR 3378, Mar. 13, 1965]



Sec. 1204.501  Delegation of authority--to take actions in real estate
and related matters.

    (a) Delegation of authority. The Assistant Administrator for 
Strategic Infrastructure and the Director, Integrated Asset Management 
Division, are delegated authority, in accordance with applicable laws 
and regulations, and subject to conditions imposed by immediate 
superiors, to:
    (1) Prescribe agency real estate policies, procedures, and 
regulations;
    (2) Enter into and take other actions including, but not limited to, 
the following;
    (i) Acquire (by purchase, lease, condemnation, or otherwise) fee and 
lesser interests in real property and, in the case of acquisition by 
condemnation, to sign declarations of taking.
    (ii) Use, with their consent, the facilities of Federal and other 
agencies with or without reimbursement.
    (iii) Determine entitlement to and quantum of, financial 
compensation under, and otherwise exercise the authority contained in 
the Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended (42 U.S.C. 4601), and regulations in 
implementation thereof.
    (iv) Grant easements, leaseholds, licenses, permits, or other 
interests

[[Page 29]]

(wherever located) controlled by NASA.
    (v) Grant the use of NASA-controlled real property and approve the 
acquisition and use of nongovernment owned real property for any NASA-
related, nonappropriated fund activity purpose with the concurrence of 
the NASA Comptroller.
    (vi) Sell and otherwise dispose of real property in accordance with 
the provisions of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 471, et seq).
    (vii) Exercise control over the acquisition, utilization, and 
disposal of movable/relocatable structures including prefabricated 
buildings, commercial packaged accommodations, trailers, and other like 
items used as facility substitutes.
    (viii) Request other government agencies to act as real estate agent 
for NASA.
    (ix) Authorize other NASA officials to take specific implementing 
action with regard to any real property transaction included in the 
scope of authority delegated in paragraph (a)(2) of this section.
    (b) Redelegation. (1) The authority delegated in paragraph (a)(1) of 
this section may not be redelegated.
    (2) The authority delegated in paragraph (a)(2) of this section may 
be redelegated with power of further redelegation.
    (c) Reporting. The officials to whom authority is delegated in this 
section shall ensure that feedback is provided to keep the Administrator 
fully and currently informed of significant actions, problems, or other 
matters of substance related to the exercise of the authority delegated 
hereunder.

[51 FR 26862, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991; 
79 FR 11319, Feb. 28, 2014]



Sec. 1204.502  [Reserved]



Sec. 1204.503  Delegation of authority to grant easements.

    (a) Scope. 40 U.S.C. 319 to 319C authorizes executive agencies to 
grant, under certain conditions, the easements as the head of the agency 
determines will not be adverse to the interests of the United States and 
subject to the provisions as the head of the agency deems necessary to 
protect the interests of the United States.
    (b) Delegation of authority. The Assistant Administrator for 
Strategic Infrastructure and the Director, Integrated Asset Management 
Division, are delegated authority to take actions in connection with the 
granting of easements.
    (c) Definitions. The following definitions will apply:
    (1) State means the States of the Union, the District of Columbia, 
the Commonwealth of Puerto Rico, and the possessions of the United 
States.
    (2) Person includes any corporation, partnership, firm, association, 
trust, estate, or other entity.
    (d) Determination. It is hereby determined that grants of easements 
made in accordance with the provisions of this section will not be 
adverse to the interests of the United States.
    (e) Redelegation. (1) NASA Center Directors with respect to real 
property under their supervision and management may, subject to the 
restrictions in paragraph (f) of this section, exercise the authority of 
the National Aeronautics and Space Act of 1958, as amended, and 40 
U.S.C. 319 to 319C to authorize or grant easements in, over, or upon 
real property of the United States controlled by NASA as will not be 
adverse to the interests of the United States.
    (2) NASA Center Directors may redelegate this authority to only two 
senior management officials of the appropriate Center.
    (f) Restrictions. Except as otherwise specifically provided, no such 
easement shall be authorized or granted under the authority stated in 
paragraph (e) of this section unless:
    (1) The appropriate Center Director determines:
    (i) That the interest in real property to be conveyed is not 
required for a NASA program.
    (ii) That the grantee's exercise of rights under the easement will 
not interfere with NASA operations.
    (2) Monetary or other benefit, including any interest in real 
property, is received by the government as consideration for the 
granting of the easement.

[[Page 30]]

    (3) The instrument granting the easement provides:
    (i) For the termination of the easement, in whole or in part, and 
without cost to the government, if there has been:
    (A) A failure to comply with any term or condition of the grant;
    (B) A nonuse of the easement for a consecutive 2-year period for the 
purpose for which granted; or
    (C) An abandonment of the easement; or
    (D) A determination by the Assistant Administrator for Strategic 
Infrastructure, the Director, Integrated Asset Management Division, or 
the appropriate Center Director that the interests of the national space 
program, the national defense, or the public welfare require the 
termination of the easement; and a 30-day notice, in writing, to the 
grantee that the determination has been made.
    (ii) That written notice of the termination shall be given to the 
grantee, or its successors or assigns, by the Assistant Administrator 
for Strategic Infrastructure , the Director, Integrated Asset Management 
Division, or the appropriate Center Director, and that termination shall 
be effective as of the date of the notice.
    (iii) For any other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions necessary to protect the interests of the 
United States.
    (g) Waivers. If, in connection with a proposed granting of an 
easement, the Center Director determines that a waiver from any of the 
restrictions in paragraph (f) of this section is appropriate, authority 
for the waiver may be requested from the Assistant Administrator for 
Strategic Infrastructure or the Director, Integrated Asset Management 
Division.
    (h) Services of the Corps of Engineers. In exercising the authority 
herein granted, the Center Directors, under the applicable provisions of 
any cooperative agreement between NASA and the Corps of Engineers (in 
effect at that time), may:
    (1) Utilize the services of the Corps of Engineers, U.S. Army.
    (2) Delegate authority to the Corps of Engineers to execute, on 
behalf of NASA, grants of easements in real property, as authorized in 
this section, provided that the conditions set forth in paragraphs (f) 
and (g) of this section are complied with.
    (i) Distribution of documents. One copy of each document granting an 
easement interest under this authority, including instruments executed 
by the Corps of Engineers, will be forwarded for filing in the Central 
Depository for Real Property Documents to: National Aeronautics and 
Space Administration, Office of Strategic Infrastructure, Integrated 
Asset Management Division, Washington, DC 20546.

[51 FR 26860, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991; 
79 FR 11319, Feb. 28, 2014]



Sec. 1204.504  Delegation of authority to grant leaseholds, permits, 
and licenses in real property.

    (a) Delegation of authority. The National Aeronautics and Space Act 
of 1958, as amended, authorizes NASA to grant leaseholds, permits, and 
licenses in real property. This authority is delegated to the Assistant 
Administrator for Strategic Infrastructure and the Director, Facilities 
Engineering and Real Property Division.
    (b) Definition. Real Property means land, buildings, other 
structures and improvements, appurtenances, and fixtures located 
thereon.
    (c) Determination. It is hereby determined that grants of 
leaseholds, permits, or licenses made in accordance with the provisions 
of this section will not be adverse to the interests of the United 
States.
    (d) Redelegation. (1) Center Directors with respect to real property 
under their supervision and management may, subject to the restrictions 
in paragraph (e) of this section, grant a leasehold, permit, or license 
to any person or organization, including other Government agencies, a 
State, or political subdivision or agency thereof. This authority may 
not be exercised with respect to real property which is proposed for use 
by a NASA exchange and subject to the provisions of NASA Policy 
Directive 9050.6, NASA Exchange and Morale Support Activities.

[[Page 31]]

    (2) Center Directors may redelegate this authority to only two 
senior management officials of the NASA Center concerned.
    (e) Restrictions. Except as otherwise specifically provided, no 
leasehold, permit, or license shall be granted under the authority 
stated in paragraph (d) of this section unless:
    (1) The Director of the Center Director concerned determines:
    (i) That the interest to be granted is not required for a NASA 
program.
    (ii) That the grantee's exercise of rights granted will not 
interfere with NASA operations.
    (2) Fair value in money is received by NASA on behalf of the 
Government as consideration.
    (3) The instrument provides:
    (i) For a term not to exceed 5 years.
    (ii) For the termination thereof, in whole or in part, and without 
cost to the Government if there has been:
    (A) A failure to comply with any term or condition of the grant; or
    (B) A determination by the Assistant Administrator for Strategic 
Infrastructure, the Director, Integrated Asset Management Division, or 
the Center Director concerned that the interests of the national space 
program, the national defense, or the public welfare require the 
termination of the interest granted; and a 30-day notice, in writing, to 
the grantee that such determination has been made.
    (iii) That written notice of termination shall be given to the 
grantee, or its successors or assigns, by the Assistant Administrator 
for Strategic Infrastructure, the Director, Integrated Asset Management 
Division, or the Center Director concerned, and that termination shall 
be effective as of the date specified by such notice.
    (iv) For any other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions necessary to protect the interests of the 
United States.
    (f) Waivers. If, in connection with a proposed grant, the Center 
Director determines that a waiver from any of the restrictions set forth 
in paragraph (e) of this section is appropriate, a request may be 
submitted to the Associate Administrator for Strategic Infrastructure or 
the Director, Integrated Asset Management Division.
    (g) Services of the Corps of Engineers. In exercising the authority 
herein granted, NASA Center Directors, pursuant to the applicable 
provisions of any cooperative agreement between NASA and the Corps of 
Engineers (in effect at the time), may:
    (1) Utilize the services of the Corps of Engineers, U.S. Army.
    (2) Delegate authority to the Corps of Engineers to execute, on 
behalf of NASA, any grants of interests in real property as authorized 
in this section provided that the conditions set forth in paragraphs (e) 
and (f) of this section are complied with.
    (h) Distribution of Documents. One copy of each document granting an 
interest in real property, including instruments executed by the Corps 
of Engineers, will be forwarded for filing in the Central Depository for 
Real Property Documents to: National Aeronautics and Space 
Administration, Office of Strategic Infrastructure, Washington, DC 
20546.

[51 FR 27528, Aug. 1, 1986, as amended at 56 FR 57592, Nov. 13, 1991; 79 
FR 11319, Feb. 28, 2014]



Sec. 1204.505  Delegation of authority to execute certificates of full
faith and credit.

    (a) Scope. This section designates NASA officials authorized to 
certify NASA documents to be submitted in evidence in Federal Courts.
    (b) Delegation of authority. The following NASA Headquarters 
officials are delegated authority to execute certificates of full faith 
and credit certifying the signatures and authority of employees of the 
National Aeronautics and Space Administration, whenever such 
certification is required to authenticate copies of official records for 
possible admission in evidence in judicial proceedings pursuant to 28 
U.S.C. 1733 or any other statute:
    (1) General Counsel;
    (2) Deputy General Counsel;
    (3) [Reserved]
    (4) Assistant General Counsels.

[29 FR 6319, May 14, 1964, as amended at 39 FR 25229, July 9, 1974; 43 
FR 34122, Aug. 3, 1978; 79 FR 11320, Feb. 28, 2014]

[[Page 32]]



Secs. 1204.506-1204.507  [Reserved]



Sec. 1204.508  Delegation of authority of certain civil rights functions
to Department of Education.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with the Civil Rights Act of 1964 (Pub. L. 88-352) that 
prohibits discrimination in a host of areas, including employment and 
Federally-assisted programs and activities. To implement the provisions 
of this Act, NASA promulgated the following internal policies and 
requirements, and entered into a memorandum of understanding (MOU) with 
the Department of Education to ensure compliance:
    (a) NASA Policy Directive (NPD) 2081.1, Nondiscrimination in 
Federally Assisted and Conducted Programs of NASA, describes the 
Agency's policy to ensure nondiscrimination in Federally-assisted and 
conducted programs of NASA, nondiscrimination in Federally-conducted 
education and training programs, and access for individuals with 
disabilities to Federal electronic and information technology. NPD 
2081.1 is accessible at http://nodis3.gsfc.nasa.gov/;
    (b) NASA Procedural Requirements (NPR) 2081.1, Nondiscrimination in 
Federally Assisted and Conducted Programs, describes the requirements 
for processing complaints of discrimination, conducting civil rights 
compliance reviews, and internal functional equal opportunity reviews. 
NPR 2081.1 is accessible at http://nodis3.gsfc.nasa.gov/; and
    (c) Memorandum of Understanding between NASA and the Department of 
Education delegates both the agencies as responsible for specific civil 
rights compliance duties with respect to elementary and secondary 
schools, and institutions of higher education. The MOU can be accessed 
at http://odeo.hq.nasa.gov/documents/DOEd-NASA_MOU.pdf.

[78 FR 76058, Dec. 16, 2013]



Sec. 1204.509  Delegation of authority to take action regarding 
``liquidated damage'' assessments under the Contract Work Hours and
Safety Standards Act, and associated labor statutes.

    (a) Delegation of authority. The Assistant Administrator, Office of 
Strategic Infrastructure, is hereby delegated the authority to act for 
the Administrator in all matters where the ``Agency Head'' is authorized 
to act under 29 CFR part 5, labor standards provisions applicable to 
contracts covering federally financed and assisted construction and 
labor standards provisions applicable to nonconstruction contracts as 
they are subject to the Contract Work Hours and Safety Standards Act, in 
regards to the assessment of liquidated damages.
    (b) Redelegation. None authorized except by virtue of succession.
    (c) Reporting. The official to whom authority is delegated in this 
regulation will assure that feedback is provided to keep the 
Administrator informed of significant actions, problems, or other 
matters of substance related to the exercise of the authority delegated 
hereunder.

[52 FR 35538, Sept. 22, 1987, as amended at 79 FR 11320, Feb. 28, 2014]

Subparts 6-9 [Reserved]



     Subpart 10_Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized Introduction 
                    of Weapons or Dangerous Materials

    Authority: The National and Commercial Space Program (51 U.S.C.). 
Sections 20132 and 20133 et seq.

    Source: 65 FR 47663, Aug. 3, 2000, unless otherwise noted.



Sec. 1204.1000  Scope of subpart.

    This subpart establishes NASA policy and prescribes baseline, 
procedures concerning the inspection of persons and property in their 
possession while entering, or on, or exiting NASA real property or 
facilities (including NASA

[[Page 33]]

Headquarters, NASA Centers, or Component Facilities). In addition, it 
proscribes unauthorized entry or the unauthorized introduction of 
weapons or other dangerous instruments or materials at any NASA 
facility.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5125, Jan. 24, 2013]



Sec. 1204.1001  Policy.

    (a) In the interest of national security, NASA will provide 
appropriate and adequate protection or security for personnel, property, 
facilities (including NASA Headquarters, NASA Centers, and Component 
Facilities), and information in its possession or custody. In 
furtherance of this policy, NASA reserves the right to conduct an 
inspection of any person, including any property in the person's 
possession or control, as a condition of admission to, continued 
presence on, or exiting any NASA facility.
    (b) This policy is intended to comply with the heightened security 
measures for facilities owned or occupied by Federal agencies (in this 
case NASA), to mitigate threats to such facilities and to better protect 
the persons and property thereon.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]



Sec. 1204.1002  Responsibility.

    The NASA Center Directors and the Executive Director for 
Headquarters Operations are responsible for implementing the provisions 
of this subpart. In implementing this subpart, these officials will 
coordinate their action with appropriate officials of other affected 
agencies.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]



Sec. 1204.1003  Procedures.

    (a) All entrances to NASA real property or facilities (including 
NASA Headquarters, NASA Centers, or Component Facilities) will be 
conspicuously posted with the following notices:
    (1) CONSENT TO INSPECTION: YOUR ENTRY INTO, CONTINUED PRESENCE ON, 
OR EXIT FROM THIS FACILITY IS CONTINGENT UPON YOUR CONSENT TO INSPECTION 
OF PERSON AND PROPERTY.
    (2) UNAUTHORIZED INTRODUCTION OF WEAPONS OR DANGEROUS MATERIALS IS 
PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY NASA. YOU MAY NOT CARRY, 
TRANSPORT, INTRODUCE, STORE, OR USE FIREARMS OR OTHER DANGEROUS WEAPONS, 
EXPLOSIVES OR OTHER INCENDIARY DEVICES, OR OTHER DANGEROUS INSTRUMENT OR 
MATERIAL LIKELY TO PRODUCE SUBSTANTIAL INJURY OR DAMAGE TO PERSONS OR 
PROPERTY UNLESS AUTHORIZED BY NASA.
    (b) Only NASA security personnel or members of the facility's 
uniformed security force will conduct inspections pursuant to this 
subpart. Such inspections will be conducted in accordance with 
guidelines established by the Assistant Administrator for Protective 
Services , NASA Headquarters.
    (c) If an individual does not consent to an inspection, it will not 
be conducted, but the individual will be denied entry to, or be escorted 
off the facililty.
    (d) If, during an inspection, an individual is found to be in 
unauthorized possession of items believed to represent a threat to the 
safety or security of the facility, the individual will be denied entry 
to or be escorted off the facility, and appropriate law enforcement 
authorities will be notified immediately.
    (e) If, during an inspection conducted pursuant to this subpart, an 
individual is in possession of U.S. Government property without proper 
authorization, that person will be required to relinquish the property 
to the security representative pending proper authorization for the 
possession of the property or its removal from the facility. The 
individual relinquishing the property will be provided with a receipt 
for the property.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]



Sec. 1204.1004  Trespass.

    Unauthorized entry upon any NASA real property or facility is 
prohibited.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]

[[Page 34]]



Sec. 1204.1005  Unauthorized introduction of firearms or weapons, 
explosives, or other dangerous materials.

    (a) Refer to the notice in Sec. 1204.1003, paragraph (a)(2), for a 
description of the consequences for unauthorized introduction of 
firearms or weapons, explosives, or other dangerous materials.
    (b)Sec. 1204.1003, paragraph (a)(2) shall not apply to:
    (1) The lawful performance of official duties by an officer, agent, 
or employee of the United States, a State, or a political subdivision 
thereof, or NASA contractor, who is authorized to carry firearms or 
other material covered by paragraph (a) of this section.
    (2) The lawful carrying of firearms or other dangerous weapons at or 
on a NASA facility after written prior approval has been obtained from 
the facility Security Office in connection with sanctioned hunting, 
range practice, or other lawful purpose.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]



Sec. 1204.1006  Violations.

    Anyone violating these regulations may be cited for violating Title 
18 of the United States Code (U.S.C.) Section 799, which states that 
whoever willfully shall violate, attempt to violate, or conspire to 
violate any regulation or order promulgated by the Administrator of the 
National Aeronautics and Space Administration for the protection or 
security of any laboratory, station, base or other facility, or part 
thereof, or any aircraft, missile, spacecraft, or similar vehicle, or 
part thereof, or other property or equipment in the custody of the 
Administration [NASA], or any real or personal property or equipment in 
the custody of any contractor under any contract with the Administration 
or any subcontractor of any such contractor, shall be fined under this 
title [Title 18], or imprisoned not more than one year, or both.

[65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013]



    Subpart 11_Enforcing Traffic Laws at NASA Centers and Component 
                               Facilities

    Authority: The National and Commercial Space Program, 51 U.S.C. 
20132 and 20133; 5 U.S.C. 301, and 18 U.S.C. 799.

    Source: 79 FR 54903, Sept. 15, 2014, unless otherwise noted.



Sec. 1204.1100  Scope of subpart.

    This subpart establishes policies pursuant to the requirements of 
National and Commercial Space Programs (51 U.S.C.) authorizing the NASA 
Administrator to establish such security requirements, restrictions, and 
safeguards as he deems necessary in the interest of national security, 
under 5 U.S.C. 301, and 18 U.S.C. 799, providing for the imposition of 
fines and imprisonment for violating NASA regulations for the protection 
and security of NASA assets or assets that are in NASA's custody. The 
provisions of this subpart apply to all NASA installations, including 
NASA Headquarters, NASA Centers, and component facilities. NASA 
installations refers to all NASA-owned, controlled, or leased property, 
with exclusive or concurrent Federal jurisdiction, including non-
contiguous or unfenced areas and including areas otherwise open to the 
public at large. These provisions are also applicable to all persons who 
are in or on a NASA installation over which the United States exercises 
exclusive or concurrent legislative jurisdiction.

[80 FR 70152, Nov .13, 2015]



Sec. 1204.1101  Policy.

    (a) It is NASA policy that an effective, standardized, and 
comprehensive traffic safety program be established and maintained at 
all NASA Centers, and component facilities, as prescribed in NASA 
Procedural Requirement (NPR) 8715.C, NASA General Safety Program 
Requirements. A traffic safety program is essential for the protection 
and security of NASA laboratories, stations, bases, or other facilities 
of NASA's aircraft, missiles, spacecraft, or similar vehicles or part 
thereof and of NASA's real and personal property, including property in 
the

[[Page 35]]

custody of NASA contractors and subcontractors.
    (b) To ensure a safe and secure workplace and to provide better for 
preservation of life and property, all persons on or in a NASA 
installation or component facility shall comply with the vehicular and 
pedestrian traffic requirements of the installation per this Subpart.
    (c) Vehicular and pedestrian traffic. The following requirements 
apply to the drivers or all vehicles on or in NASA-owned, controlled, or 
leased property:
    (1) A driver shall be in possession of a current and valid state- or 
territory-issued driver's license and vehicle registration, and the 
vehicle shall display all current and valid tags and licenses required 
by the jurisdiction in which it is registered.
    (2) A driver who has had his or her privilege or license to drive 
suspended or revoked by any state or territory shall not drive any 
vehicle in or on such property during such period of suspension or 
revocation.
    (3) Drivers shall drive in a careful and safe manner at all times 
and shall comply with the signals and directions of security personnel 
and other authorized individuals; all posted traffic signs, including 
speed limits; and all rules implemented under section 1204.1102.
    (4) Drivers shall not block entrances, driveways, walks, loading 
platforms, or fire hydrants.
    (5) Drivers shall not park without authority, park in unauthorized 
locations or in locations reserved for other persons, park continuously 
in excess of 18 hours without permission, or park in any manner contrary 
to the direction of posted signs.
    (d) A copy of this subpart shall be posted in an appropriate place 
at each NASA Center or component facility.

[80 FR 70152, Nov. 13, 2015]



Sec. 1204.1102  Responsibilities.

    (a) Consistent with this subpart and applicable statutes, Center 
Directors of NASA installations and the Executive Director for 
Headquarters Operations, over which the United States has exclusive or 
concurrent legislative jurisdiction, are delegated the authority to 
establish specific vehicular and pedestrian traffic rules and 
regulations for their installations; to specify maximum punishments for 
violating such rules and regulations; and to issue citations, including 
District Court Violation Notices to persons who violate such rules and 
regulations.
    (b) All persons on a NASA Center or component facility are 
responsible for compliance with locally established vehicular and 
pedestrian traffic rules and regulations.

[79 FR 54903, Sept. 15, 2014, as amended at 80 FR 70152, Nov. 13, 2015]



Sec. 1204.1103  Procedures.

    The Center Directors and the Executive Director for Headquarters 
Operations shall issue local policies and procedural requirements, which 
will implement this regulation for their respective NASA Centers and 
component facilities.

[80 FR 70152, Nov. 13, 2015]



Sec. 1204.1104  Violations.

    As authorized by and consistent with 18 U.S.C. 799, local policies 
and procedural requirements issued under section 1204.1103 may provide 
for punishments for offenses, which shall be classified in accordance 
with 18 U.S.C. 3559(a)(6)-(9). A person found in violation, in or on a 
NASA installation, of any vehicular or pedestrian traffic law, or local 
installation vehicular or pedestrian traffic rule or regulation made 
applicable to the installation under the provisions of this subpart, is 
subject to punishment as provided for by the applicable local policies 
and procedural requirements that a Center Director or the Executive 
Director for Headquarters Operations has issued under section 1204.1102 
and in accordance with section 1204.1103.

[80 FR 70152, Nov. 13, 2015]

Subparts 12-13 [Reserved]



Subpart 14_Use of NASA Airfield Facilities by Aircraft Not Operated for 
                  the Benefit of the Federal Government

    Authority: 42 U.S.C. 2473(c)(1).

[[Page 36]]


    Source: 56 FR 35812, July 29, 1991, unless otherwise noted.



Sec. 1204.1400  Scope.

    This subpart establishes the responsibility and sets forth the 
conditions and procedures for the use of NASA airfield facilities by 
aircraft not operated for the benefit of the Federal Government.



Sec. 1204.1401  Definitions.

    For the purpose of this subpart, the following definitions apply:
    (a) NASA Airfield Facility. Those aeronautical facilities owned and 
operated by NASA that consist of the following:
    (1) Shuttle Landing Facility. The aeronautical facility which is a 
part of the John F. Kennedy Space Center (KSC), Kennedy Space Center, 
Florida, and is located at 80 deg.41 west longitude and 28 deg.37 
north latitude.
    (2) Wallops Airport. The aeronautical facility which is part of the 
Wallops Flight Facility (WFF), Wallops Island, VA, and is located at 
75 deg.28 west longitude and 37 deg.56 north latitude in the general 
vicinity of Chincoteague, Virginia.
    (3) Moffett Federal Airfield (MFA). The aeronautical facility which 
is part of the Ames Research Center, Moffett Field, California, and is 
located at 122 deg.03 west longitude and 37 deg.25 north latitude.
    (4) Crows Landing Airport. The aeronautical facility which is a part 
of the Crows Landing Flight Facility (CLEF) and is located at 
121 deg.06 west longitude and 37 deg.25 north latitude, 45 miles east 
of the Ames Research Center.
    (b) Aircraft not Operated for the Benefit of the Federal Government. 
Aircraft which are not owned or leased by the United States Government 
or aircraft carrying crew members or passengers who do not have official 
business requiring the use of a NASA airfield facility in the particular 
circumstance in question.
    (c) Official Business. Business, in the interest of the U.S. 
Government, which personnel aboard an aircraft must transact with U.S. 
Government personnel or organizations at or near a NASA facility. The 
use of a NASA airfield facility by transient aircraft to petition for 
U.S. Government business or to obtain clearance, servicing, or other 
items pertaining to itinerant operations is not considered official 
business.
    (d) User. An individual partnership or corporation owning, 
operating, or using an aircraft not operated for the benefit of the 
Federal Government in whose name permission to use a NASA airfield 
facility is to be requested and granted.
    (e) Hold Harmless Agreement. An agreement executed by the user by 
which the user acknowledges awareness of the conditions of the 
permission to use a NASA airfield facility, assumes any risks connected 
therewith, and releases the U.S. Government from all liability incurred 
by the use of such facility.
    (f) Use Permit. The written permission signed by the authorized 
approving official to land, take off, and otherwise use a NASA airfield 
facility. Such use permit may be issued for single or multiple 
occasions. The specific terms of the use permit and the provisions of 
this subpart govern the use which may be made of the airport by aircraft 
not operated for the benefit for the Federal Government.
    (g) Certificate of Insurance. A certificate signed by an authorized 
insurance company representative (or a facsimile of an insurance policy) 
evidencing that insurance is then in force with respect to any aircraft 
not operated for the benefit of the Federal Government, the user of 
which is requesting permission to use a NASA airfield facility (see 
Sec. 1204.1404(b)).

[56 FR 35812, July 29, 1991, as amended at 60 FR 37567, July 21, 1995]



Sec. 1204.1402  Policy.

    (a) NASA airfields are not normally available to the general public; 
hence, any use of airfield facilities by aircraft not operated for the 
benefit of the Federal Government shall be within the sole discretion of 
the approving authorities.
    (b) Except in the event of a declared in-flight emergency (see 
Sec. 1204.1406) or as otherwise determined by an approving authority, 
aircraft not operated for the benefit of the Federal Government are not 
permitted to land or otherwise use NASA airfield facilities.

[[Page 37]]

    (c) Any use of a NASA airfield facility by aircraft not operated for 
the benefit of the Federal Government shall be free of charge and no 
consideration (monetary or otherwise) shall be exacted or received by 
NASA for such use. However, each user, as a condition of receiving 
permission to use such airfield facility, shall agree to become familiar 
with the physical condition of the airfield; abide by the conditions 
placed upon such use; subject the aircraft, the user, and those 
accompanying the user to any requirements imposed by NASA in the 
interest of security and safety while the aircraft or persons are on a 
NASA facility; use the facilities entirely at the user's own risk; hold 
the Federal Government harmless with respect to any and all liabilities 
which may arise as a result of the use of the facilities; and carry 
insurance covering liability to others in amounts not less than those 
listed in the Hold Harmless Agreement.
    (d) Permission to use a NASA airfield facility will be granted only 
in accordance with the limitations and procedures established by an 
approving authority and then only when such use will not compete with 
another airport in the vicinity which imposes landing fees or other user 
charges.
    (e) In no event, except for an in-flight emergency (see 
Sec. 1204.1406), will permission to use NASA airfield facilities be 
granted to an aircraft arriving directly from, or destined for, any 
location outside the continental United States unless previously 
arranged and approved by the authorized approving official.
    (f) Permission to use NASA airfields may be granted only to those 
users having the legal capacity to contract and whose aircraft are in 
full compliance with applicable Federal Aviation Administration (FAA) or 
other cognizant regulatory agency requirements.
    (g) Permission to use NASA airfields, except in connection with a 
declared in-flight emergency, will consist only of the right to land, 
park an aircraft, and subsequently take off. NASA is not equipped to 
provide any other services such as maintenance or fuel and such services 
will not be provided except following an in-flight emergency.



Sec. 1204.1403  Available airport facilities.

    The facilities available vary at each NASA Installation having an 
airfield. The airport facilities available are:
    (a) Shuttle Landing Facility--(1) Runways. Runway 15-33 is 15,000 
feet long and 300 feet wide with 1,000-foot overruns. The first 3,500 
feet at each end of the runway have been modified for smoothness. The 
center 8,000 feet of the runway is grooved for improved braking under 
wet conditions.
    (2) Parking Areas and Hangar Space. No hangar space is available. 
Limited available concrete parking ramp space makes precoordination 
necessary.
    (3) Control Tower. The control tower is normally in operation from 
0800 to 1600 local time, Monday through Friday. Additional hours of 
operation are filed with the St. Petersburg Flight Service Station 
(FSS). The tower may be contacted on 128.55 MHz or 284.0 MHz. FAA 
regulations pertaining to the operation of aircraft at airports with an 
operating control tower (Sec. 91.87 of this title) will apply. When the 
tower is not in operation, the FAA regulations pertaining to the 
operation of aircraft at airports without an operating control tower 
(Sec. 91.89 of this title) will apply.
    (4) Navigation aids. A Microwave Scanning Beam Landing System 
(MSBLS) and a Tactical Airborne Navigation System (TACAN) are installed 
at the Facility. There are two published TACAN approaches and an 
approved and published nondirectional beacon (NDB) approach available 
from Titusville. Runway approach lighting (similar to Category II ALSF-
2) and edge lights are available by prior arrangement.
    (5) Hazards. There are towers and buildings south, southeast, and 
northeast of the facility as high as 550 feet that could pose hazards to 
air navigation. All are marked with obstruction lights.
    (6) Emergency Equipment. Aircraft Rescue and Fire-fighting (ARFF) 
equipment will be provided in accordance with 14 CFR part 139.
    (b) Wallops Airport--(1) Runways. There are three hard surfaced 
runways in satisfactory condition. The runways and taxiways are concrete 
and/or asphalt. Runway 10-28 is 8,000 feet long,

[[Page 38]]

200 feet wide with maximum wheel load of 57,500 pounds; runway 04-22 is 
8,750 feet long, 150 feet wide with maximum wheel load of 57,500 pounds; 
and runway 17-35 is 4,820 feet long, 150 feet wide with maximum wheel 
load of 14,700 pounds.
    (2) Parking Areas and Hangar Space. No hangar space is available. 
However, limited concrete parking ramp space is available as directed by 
the control tower.
    (3) Control Tower. This control tower is normally in operation from 
0630 to 1830 local time, Monday through Friday, excluding Federal 
holidays. The tower may be contacted on 126.5 MHz or 394.3 MHz. When the 
tower is in operation, FAA regulations pertaining to the operation of 
aircraft at airports with an operating tower (Sec. 91.87 of this title) 
will apply. When the tower is not in operation, all aircraft operations 
will be handled by Wallops UNICOM on the tower frequency, and FAA 
regulations pertaining to the operation of aircraft at airports without 
an operating control tower (Sec. 91.89 of this title) will apply. In 
addition to Federal Aviation Regulations (FAR's) (s 91 of this title), 
Wallops requires that pilots obtain clearances from the Wallops UNICOM 
before landings, takeoffs, and taxiing. Civil aircraft operations are 
normally confined to daylight hours.
    (4) Navigation Aids. All runways, 04-22, 10-28, and 17-35 are 
lighted. Both active taxiways, parallels 04-22 and 10-28, are lighted. 
Airfield lighting is available upon request. All runway approaches are 
equipped with operating precision approach path indicator (PAPI) systems 
and are available on request. All airfield obstructions are equipped 
with red obstruction lights.
    (5) Hazards. Numerous towers in airport vicinity up to 241 feet 
above ground level. Existing tree obstructions are located 1500 feet 
west of runway 10 threshold. High shore bird population exists in the 
Wallops area. Deer occasionally venture across runways. Light-controlled 
traffic crossovers are in existence. Potential radio frequency (RF) 
hazards exist from tracking radars. Hazards involving aircraft and 
rocket launch operations exist when Restricted Area R-6604 is active.
    (6) Emergency Equipment. Aircraft rescue and fire-fighting equipment 
is normally available on a continuous basis.
    (c) Moffett Federal Airfield--(1) Runways. There are two parallel 
runways, 32-14, both in satisfactory to good condition. The runways and 
taxiways are concrete and/or asphalt. Runway 32R-14L is 9,200 feet long, 
200 feet wide; 32L-14R is 8,125 feet long, 200 feet wide with a 600 foot 
displaced threshold on 32L.
    (2) Parking areas and hangar space. Hangar space is not available; 
concrete parking ramp space is available as directed by the control 
tower.
    (3) Control tower. The control tower normally operates from 0700 to 
2300 local time, 7 days a week, excluding Federal holidays. The tower 
frequencies are 126.2 Mhz, 353.2 Mhz, and 340.2 Mhz. When the tower is 
operating, FAA regulations pertaining to the operation of aircraft at 
airports with an operating tower (Sec. 91.87 of this title) will apply. 
When the tower is not in operation, all aircraft operations will be 
conducted by Moffett UNICOM on the tower frequency. FAA regulations 
pertaining to the operation of aircraft at airports without an operating 
control tower (Sec. 91.89 of this title) will apply.
    (4) Navigation aids. An Instrument Landing System (ILS) is 
installed. An ILS/DME approach to runway 32R and an LOC/DME approach to 
runway 14L are published in DOD Flight Information Publication 
(Terminal), Low Altitude United States, Volume 2. ILS frequency is 
110.35 Mhz, identifiers are Runway 32R, I-NUQ; Runway 14L, I-MNQ; 
Tactical Airborne Navigation (TACAN) (DME) is Channel 123, identifier is 
NUQ. Precision Approach Path Indicators (PAPI) are to be installed by 
July 1, 1995, to provide visual reference for the ILS and LOC approaches 
to runways 32R and 14L. A TACAN with approved and published approaches 
is operational at the facility (identification is NUQ, Channel 123). A 
Radio Controlled Lighting System (RCLS) is operational for the runway 
lights on 32R-14L; 3 clicks within 5 seconds, low intensity; 5 clicks, 
medium intensity; 7 clicks, high intensity (tower frequency, 126.2 Mhz). 
Lights automatically extinguish after 15 minutes.
    (5) Hazards. Large blimp hangars (approximately 200 feet high) 
bracket the

[[Page 39]]

parallel runways, one on the west side, two on the east side. A freeway 
at the approach end of 32L displaces the threshold 600 feet.
    (6) Emergency equipment. Aircraft Rescue and Fire Fighting (ARFF) 
equipment is provided by the California Air National Guard continuously 
in accordance with U.S. Air Force Regulations.
    (d) Crows Landing Airport--(1) Runways. There are two concrete 
runways, 35-17 and 30-12, both in satisfactory condition. Parallel 
taxiways are asphalt overlay or concrete. Runway 35-17 is 7,950 feet 
long, 200 feet wide; runway 30-12 is 6,975 feet long, 200 feet wide.
    (2) Parking areas and hangar space. Hangars/hangar space do not 
exist; concrete parking ramp space is available as directed by the 
control tower.
    (3) Control tower. The control tower normally operates only when 
research flight is scheduled by NASA-Ames. The airfield is closed at all 
other times except as arranged by other Federal users with the Chief, 
Airfield Management Office, Moffett Federal Airfield. The tower 
frequencies are 125.05 Mhz, 126.2 Mhz, 328.1 Mhz, and 337.8 Mhz. When 
the tower is operating, FAA regulations pertaining to the operation of 
aircraft at airports with an operating tower (Sec. 91.87 of this title) 
will apply. When the tower is not operating, all aircraft operations 
will be conducted with Crows Landing UNICOM on the primary tower 
frequency. FAA regulations pertaining to the operation of aircraft at 
airports without an operating control tower (Sec. 91.89 of this title) 
will apply.
    (4) Navigation aids. Crows Landing Airport is a VFR facility. No 
certified NAVAIDS or published approach procedures exist.
    (5) Hazards. Crows Landing Airport is located in an agricultural 
area. No obstructions exist within or immediately adjacent to the 
airspace. The most persistent potential hazard is that of agricultural 
aircraft (crop dusters) without radios which transit the airspace.
    (6) Emergency equipment. Aircraft Rescue and Fire Fighting (ARFF) 
equipment and services are provided by the California Air National Guard 
only during published hours of operation.
    (e) Other facilities. No facilities or services other than those 
described above are available except on an individual emergency basis to 
any user.
    (f) Status of facilities. Changes to the status of the KSC, WFF, 
MFA, and CLFF facilities will be published in appropriate current FAA or 
DOD aeronautical publications.

[56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995]



Sec. 1204.1404  Requests for use of NASA airfield facilities.

    (a) Request for use of a NASA airfield, whether on a one time or 
recurring basis, must be in writing and addressed to the appropriate 
NASA facility, namely:
    (1) Shuttle Landing Facility. Director of Center Support Operations, 
John F. Kennedy Space Center, Kennedy Space Center, Florida 32899.
    (2) Wallops Airport. Director of Suborbital Projects and Operations, 
Goddard Space Flight Center, Wallops Flight Facility, Wallops Island, 
Virginia 23337.
    (3) Moffett Federal Airfield and Crows Landing Flight Facility. 
Chief, Airfield Management Office, Ames Research Center, Mail Stop 158-
1, Moffett Field, California 94035-1000.
    (b) Such requests will:
    (1) Fully identify the prospective user and aircraft.
    (2) State the purpose of the proposed use and the reason why the use 
of the NASA airfield is proposed rather than a commercial airport.
    (3) Indicate the expected annual use, to include number and 
approximate date(s) and time(s) of such proposed use.
    (4) State that the prospective user is prepared to fully comply with 
the terms of this subpart 14 and the use permit which may be issued.
    (c) Upon receipt of the written request for permission to use the 
airport, the NASA official designated by each facility will request 
additional information, if necessary, and forward both this regulation 
and the required Hold Harmless Agreement for execution by the requestor 
or forward, where appropriate, a denial of the request.
    (d) The signed original of the Hold Harmless Agreement shall be 
returned

[[Page 40]]

to the designated NASA official, and a copy retained in the aircraft at 
all times. Such copy shall be exhibited upon proper demand by any 
designated NASA official.
    (e) At the same time that the prospective user returns the executed 
original of the Hold Harmless Agreement, the user shall forward to the 
designated NASA official the required Certificate of Insurance and 
waiver of rights to subrogation. Such certificate shall evidence that 
during any period for which a permit to use is being requested, the 
prospective user has in force a policy of insurance covering liability 
in amounts not less than those listed in the Hold Harmless Agreement.
    (f) When the documents (in form and substance) required by 
paragraphs b through e of this section have been received, they will be 
forwarded with a proposed use permit to the approving authority for 
action.
    (g) The designated NASA official will forward the executed use 
permit or notification of denial thereof to the prospective user after 
the approving authority has acted.

[56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995]



Sec. 1204.1405  Approving authority.

    The authority to establish limitations and procedures for use of a 
NASA airfield, as well as the authority to approve or disapprove the use 
of the NASA airfield facilities subject to the terms and conditions of 
this subpart and any supplemental rules or procedures established for 
the facility is vested in:
    (a) Shuttle Landing Facility. Director of Center Support Operations, 
Kennedy Space Center, NASA.
    (b) Wallops Airport. Director of Suborbital Projects and Operations, 
Goddard Space Flight Center, Wallops Flight Facility, NASA.
    (c) Moffett Federal Airfield and Crows Landing Flight Facility. 
Chief, Airfield Management Office, Ames Research Center, NASA.

[56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995]



Sec. 1204.1406  Procedures in the event of a declared in-flight emergency.

    (a) Any aircraft involved in a declared in-flight emergency that 
endangers the safety of its passengers and aircraft may land at a NASA 
airfield. In such situations, the requirements for this subpart for 
advance authorizations, do not apply.
    (b) NASA personnel may use any method or means to clear the aircraft 
or wreckage from the runway after a landing following an in-flight 
emergency. Care will be taken to preclude unnecessary damage in so 
doing. However, the runway will be cleared as soon as possible for 
appropriate use.
    (c) The emergency user will be billed for all costs to the 
Government that result from the emergency landing. No landing fee will 
be charged, but the charges will include the labor, materials, parts, 
use of equipment, and tools required for any service rendered under 
these circumstances.
    (d) In addition to any report required by the Federal Aviation 
Administration, a complete report covering the landing and the emergency 
will be filed with the airfield manager by the pilot or, if the pilot is 
not available, any other crew member or passenger.
    (e) Before an aircraft which has made an emergency landing is 
permitted to take off (if the aircraft can and is to be flown out) the 
owner or operator thereof shall make arrangements acceptable to the 
approving authority to pay any charges assessed for services rendered 
and execute a Hold Harmless Agreement. The owner or operator may also be 
required to furnish a certificate of insurance, as provided in 
Sec. 1204.1404, covering such takeoff.



Sec. 1204.1407  Procedure in the event of an unauthorized use.

    Any aircraft not operated for benefit of the Federal Government 
which lands at a NASA airfield facility without obtaining prior 
permission from the approving authority, except in a bona fide 
emergency, is in violation of this subpart. Such aircraft will 
experience delays while authorization for departure is obtained pursuant 
to this subpart and may, contrary to the other provisions of this 
subpart, be required,

[[Page 41]]

at the discretion of the approving authority, to pay a user fee of not 
less than $100. Before the aircraft is permitted to depart, the 
approving authority will require full compliance with this subpart 
1204.14, including the filing of a complete report explaining the 
reasons for the unauthorized landing. Violators could also be subject to 
legal liability for unauthorized use. When it appears that the violation 
of this subpart was deliberate or is a repeated violation, the matter 
will be referred to the Aircraft Management Office, NASA Headquarters, 
which will then grant any departure authorization.



 Subpart 15_Intergovernmental Review of National Aeronautics and Space 
                 Administration Programs and Activities

    Authority: E.O. 12372, July 14, 1982, 47 FR 30959, as amended April 
8, 1983, 48 FR 15887; sec. 401 of the Intergovernmental Cooperation Act 
of 1968, as amended (31 U.S.C. 6506).

    Source: 48 FR 29340, June 24, 1983, unless otherwise noted.



Sec. 1204.1501  Purpose.

    (a) The regulations in this part implement Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' issued July 14, 1982, 
and amended on April 8, 1983. These regulations also implement 
applicable provisions of section 401 of the Intergovernmental 
Cooperation Act of 1968, as amended.
    (b) These regulations are intended to foster an intergovernmental 
partnership and a strengthened federalism by relying on state processes 
and on state, areawide, regional and local coordination for review of 
proposed direct Federal development.
    (c) These regulations are intended to aid the internal management of 
the Agency, and are not intended to create any right or benefit 
enforceable at law by a party against the agency or its officers.



Sec. 1204.1502  Definitions.

    Administrator means the Administrator of the U.S. National 
Aeronautics and Space Administration or an official or employee of the 
Agency acting for the Administrator under a delegation of authority.
    Agency means the U.S. National Aeronautics and Space Administration.
    Order means Executive Order 12372, issued July 14, 1982, and amended 
April 8, 1983, and titled ``Intergovernmental Review of Federal 
Programs.''
    State means any of the 50 states, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust 
Territory of the Pacific Islands.



Sec. 1204.1503  Programs and activities subject to these regulations.

    The Administrator publishes in the Federal Register a description of 
the Agency's programs and activities that are subject to these 
regulations.



Sec. 1204.1504  [Reserved]



Sec. 1204.1505  Federal interagency coordination.

    The Administrator to the extent practicable, consults with and seeks 
advice from all other substantially affected federal departments and 
agencies in an effort to assure full coordination between such agencies 
and the Agency regarding programs and activities covered under these 
regulations.



Sec. 1204.1506  Procedures for selecting programs and activities under
these regulations.

    (a) A state may select any program or activity published in the 
Federal Register in accordance with Sec. 1204.1503 of this part for 
intergovernmental review under these regulations. Each state, before 
selecting programs and activities shall consult with local elected 
officials.
    (b) Each state that adopts a process shall notify the Administrator 
of the Agency's programs and activities selected for that process.
    (c) A state may notify the Administrator of changes in its 
selections at any time. For each change, the state shall submit to the 
Administrator an assurance that the state has consulted with local 
elected officials regarding the change. The Agency may establish

[[Page 42]]

deadlines by which states are required to inform the Administrator of 
changes in their program selections.
    (d) The Administrator uses a state's process as soon as feasible, 
depending on individual programs and activities, after the Administrator 
is notified of its selections.



Sec. 1204.1507  Communicating with State and local officials concerning
the Agency's programs and activities.

    (a) For those programs and activities covered by a state process 
under Sec. 1204.1506 the Administrator, to the extent permitted by law:
    (1) Uses the official state process to determine views of state and 
local elected officials; and;
    (2) Communicates with state and local elected officials, through the 
official state process, as early in a program planning cycle as is 
reasonably feasible to explain specific plans and actions.
    (b) The Administrator provides notice to directly affected state, 
areawide, regional, and local entities in a state of proposed direct 
Federal development if:
    (1) The state has not adopted a process under the Order; or
    (2) The development involves a program or activity not selected for 
the state process.

This notice may be made by publication in a periodical of general 
circulation in the area likely to be affected or other appropriate 
means, which the Agency in its discretion deems appropriate.



Sec. 1204.1508  Time limitations for receiving comments on proposed
direct Federal development.

    (a) Except in unusual circumstances, the Administrator gives state 
processes or state, areawide, regional and local officials and entities 
at least 60 days from the date established by the Administrator to 
comment on proposed direct Federal development.
    (b) This section also applies to comments in cases in which the 
review, coordination, and communication with the Agency has been 
delegated.



Sec. 1204.1509  Receiving and responding to comments.

    (a) The Administrator follows the procedures in Sec. 1204.1510 if:
    (1) A state office or official is designated to act as a single 
point of contact between a state process and all federal agencies; and
    (2) That office or official transmits a state process recommendation 
for a program selected under Sec. 1204.1506.
    (b)(1) The single point of contact is not obligated to transmit 
comments from state, areawide, regional or local officials and entities 
where there is no state process recommendation.
    (2) If a state process recommendation is transmitted by a single 
point of contact, all comments from state, areawide, regional, and local 
officials and entities that differ from it must also be transmitted.
    (c) If a state has not established a process, or is unable to submit 
a state process recommendation, state, areawide, regional and local 
officals and entities may submit comments to the Agency.
    (d) If a program or activity is not selected for a state process, 
state, areawide, regional and local officials and entities may submit 
comments to the Agency. In addition, if a state process recommendation 
for a nonselected program or activity is transmitted to the Agency by 
the single point of contact, the Administrator follows the procedures of 
Sec. 1204.1510 of this part.
    (e) The Administrator considers comments which do not constitute a 
state process recommendation submitted under these regulations and for 
which the Administrator is not required to apply the procedures of 
Sec. 1204.1510 of this part, when such comments are provided by a single 
point of contact, or directly to the Agency by a commenting party.



Sec. 1204.1510  Efforts to accommodate intergovernmental concerns.

    (a) If a state provides a state process recommendation to the Agency 
through its single point of contact, the Administrator either:
    (1) Accepts the recommendation;
    (2) Reaches a mutally agreeable solution with the state process; or

[[Page 43]]

    (3) Provides the single point of contact with a written explanation 
of its decision, in such form as the Administrator in his or her 
discretion deems appropriate. The Administrator may also supplement the 
written explanation by providing the explanation to the single point of 
contact by telephone, other telecommunication, or other means.
    (b) In any explanation under paragraph (a)(3) of this section, the 
Administrator informs the single point of contact that:
    (1) The Agency will not implement its decision for a least ten days 
after the single point of contact receives the explanation; or
    (2) The Administrator has reviewed the decision and determined that, 
because of unusual circumstances, the waiting period of at least ten 
days is not feasible.
    (c) For purposes of computing the waiting period under paragraph 
(b)(1) of this section, a single point of contact is presumed to have 
received written notification five days after the date of mailing of 
such notification.



Sec. 1204.1511  Coordination in interstate situations.

    (a) The Administrator is responsible for--
    (1) Identifying proposed direct Federal development that has an 
impact on interstate areas;
    (2) Notifying appropriate officials and entities in states which 
have adopted a process and which select the Agency's program or 
activity.
    (3) Making efforts to identify and notify the affected state, 
areawide, regional, and local officials and entities in those states 
that have not adopted a process under the Order or do not select the 
Agency's program or activity;
    (4) Responding pursuant to Sec. 1204.1510 of this part if the 
Administrator receives a recommendation from a designated areawide 
agency transmitted by a single point of contact, in cases in which the 
review, coordination, and communication with the Agency have been 
delegated.
    (b) The Administrator uses the procedures in Sec. 1204.1510 if a 
state process provides a state process recommendation to the Agency 
through a single point of contact.



Sec. 1204.1512  [Reserved]



Sec. 1204.1513  Waivers of provisions of these regulations.

    In an emergency, the Administrator may waive any provision of these 
regulations.



 Subpart 16_Temporary Duty Travel_Issuance of Motor Vehicle for Home-to-
                           Work Transportation

    Authority: 31 U.S.C. 1344 note, 40 U.S.C. 486(c).



Sec. 1204.1600  Issuance of motor vehicle for home-to-work.

    When a NASA employee on temporary duty travel is authorized to 
travel by Government motor vehicle and the official authorizing the 
travel determines that there will be a significant savings in time, a 
Government motor vehicle may be issued at the close of the preceding 
working day and taken to the employee's residence prior to the 
commencement of official travel. Similarly, when a NASA employee is 
scheduled to return from temporary duty travel after the close of 
working hours and the official authorizing the travel determines that 
there will be a significant savings in time, the motor vehicle may be 
taken to the employee's residence and returned the next regular working 
day.

[68 FR 60847, Oct. 24, 2003]



 Sec. Appendix A to Part 1204--Items To Cover in Memoranda of Agreement

    The items to be covered in Memoranda of Agreement between NASA 
Installations and state and areawide OMB Circular A-95 clearinghouses 
for coordinating NASA and civilian planning:
    1. Clearinghouses will be contacted at the earliest practicable 
point in project planning. Generally, this will be during the 
preparation of Preliminary Engineering Reports, or possibly earlier if 
meaningful information is available that could practically serve as an 
input in the decision-making process. It should be noted that 
clearinghouses are generally comprehensive planning agencies. As such, 
they are often the best repositories of

[[Page 44]]

information required for development planning and constitute a resource 
that can often save Federal planners substantial time and effort, if 
consulted early enough. In addition to providing information necessary 
for preliminary engineering, clearinghouses can make useful inputs to 
the development of environmental impact statements, as well as in 
reviewing draft statements. Thus, consultation at the earliest stage in 
planning can have substantial payoffs in installation development.
    2. Clearinghouses will be afforded a minimum time of 30 days in 
which to review and comment on a proposed project and a maximum time of 
45 days in which to complete such review.
    3. The minimum information to be provided to the clearinghouse will 
consist of project description, scope and purpose, summary technical 
data, maps and diagrams where relevant, and any data which would show 
the relationship of the proposed project or action to applicable land 
use plans, policies, and controls for the affected area.
    4. Establish procedures for notifying clearinghouses of the actions 
taken on projects, such as implementation, timing, postponement, 
abandonment, and explaining, where appropriate, actions taken contrary 
to clearinghouse recommendations.

                          PART 1205 [RESERVED]



PART 1206_PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF
INFORMATION ACT (FOIA)--Table of Contents



                         Subpart A_Basic Policy

Sec.
1206.100  Scope of part.
1206.101  General policy.

             Subpart B_Types of Records To Be Made Available

1206.200  Publishing of records.
1206.201  Proactive disclosure of Agency records.
1206.202  Records that have been published.
1206.203  Incorporation by reference.

                          Subpart C_Procedures

1206.300  How to make a request for Agency records.
1206.301  Describing records sought.
1206.302  Fee agreements.
1206.303  Format of records disclosed.
1206.304  Expedited processing.
1206.305  Responding to requests.
1206.306  Granting a request.
1206.307  Denying a request.
1206.308  Referrals and consultations within NASA or other Federal 
          agencies.

     Subpart D_Procedures and Time Limits for Responding to Requests

1206.400  Procedures for processing queues and expedited processing.
1206.401  Procedures and time limits for acknowledgement letters and 
          initial determinations.
1206.402  Suspending the basic time limit.
1206.403  Time extensions.

           Subpart E_Fees Associated With Processing Requests

1206.500  Search.
1206.501  Review.
1206.502  Duplication.
1206.503  Restrictions on charging fees.
1206.504  Charging fees.
1206.505  Advance payments.
1206.506  Requirements for a waiver or reduction of fees.
1206.507  Categories of requesters.
1206.508  Aggregation of requests.
1206.509  Form of payment.
1206.510  Nonpayment of fees.
1206.511  Other rights and services.

                    Subpart F_Commercial Information

1206.600  General policy.
1206.601  Notice to submitters.
1206.602  Opportunity to object to disclosure.
1206.603  Notice of intent to disclose.

                            Subpart G_Appeals

1206.700  How to submit an appeal.
1206.701  Actions on appeals.
1206.702  Litigation.

                       Subpart H_Responsibilities

1206.800  Delegation of authority.
1206.801  Chief FOIA Officer.
1206.802  General Counsel.
1206.803  NASA Headquarters.
1206.804  NASA Centers and Components.
1206.805  Inspector General.

     Subpart I_Location for Inspection and Request of Agency Records

1206.900  FOIA offices and electronic libraries.

    Authority: 5 U.S.C. 552, 552a; 51 U.S.C. 20113(a)

    Source: 79 FR 46678, Aug. 11, 2014, unless otherwise noted.

[[Page 45]]



                         Subpart A_Basic Policy



Sec. 1206.100  Scope of part.

    This part 1206 establishes the policies, responsibilities, and 
procedures for the release of Agency records which are under the 
jurisdiction of the National Aeronautics and Space Administration, 
hereinafter NASA, to members of the public. This part applies to 
information and Agency records located at NASA Headquarters, and NASA 
Centers, including Component Facilities and Technical and Service 
Support Centers, herein NASA Headquarters and Centers, as defined in 
this part.



Sec. 1206.101  General policy.

    (a) In compliance with the Freedom of Information Act (FOIA), as 
amended 5 U.S.C. 552, a positive and continuing obligation exists for 
NASA, herein Agency, to make available to the fullest extent practicable 
upon request by members of the public, all Agency records under its 
jurisdiction, as described in this regulation.
    (b) Part 1206 does not entitle any person to any service or to the 
disclosure of any record that is not required under the FOIA.



             Subpart B_Types of Records To Be Made Available



Sec. 1206.200  Publishing of records.

    (a) Records required to be published in the Federal Register. The 
following records are required to be published in the Federal Register, 
for codification in Title 14, Chapter V, of the CFR.
    (1) Description of NASA Headquarters and NASA Centers and the 
established places at which, the employees from whom, and the methods 
whereby, the public may secure information, make submittals or requests, 
or obtain decisions;
    (2) Statements of the general course and method by which NASA's 
functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available;
    (3) Rules of procedure, descriptions of forms available or the 
places at which forms may be obtained, and instructions regarding the 
scope and contents of all papers, reports, or examinations;
    (4) Substantive rules of general applicability adopted as authorized 
by law, and statements of general policy or interpretations of general 
applicability formulated and adopted by NASA;
    (5) Each amendment, revision, or repeal of the foregoing.
    (b) Agency opinions, orders, statements, and manuals. (1) Unless 
they are exempt from disclosure in accordance with the FOIA, or unless 
they are promptly published and copies offered for sale, NASA shall make 
available the following records for public inspection and copying or 
purchase:
    (i) All final opinions (including concurring and dissenting 
opinions) and all orders made in the adjudication of cases;
    (ii) Those statements of NASA policy and interpretations which have 
been adopted by NASA and are not published in the Federal Register;
    (iii) Administrative staff manuals (or similar issuances) and 
instructions to staff that affect a member of the public;
    (iv) Copies of all records, regardless of form or format, that have 
been released to any person under Subpart C herein and which, because of 
the nature of their subject matter, the Agency determines have become or 
are likely to become the subject of subsequent requests for 
substantially the same records (frequently requested documents).
    (2) A general index of records referred to under paragraph 
(b)(1)(iv) of this section.
    (i) For records created after November 1, 1997, which are covered by 
paragraph (b)(l)(i) through (b)(l)(iv) of this section, such records 
shall be available electronically, through an electronic library and in 
electronic forms or formats.
    (ii) In connection with all records required to be made available or 
published under this paragraph (b), identifying details shall be deleted 
to the extent required to prevent a clearly unwarranted invasion of 
personal privacy. However, in each case, the justification for the 
deletion shall be explained fully in writing. The extent of such 
deletion shall be indicated on the portion of the

[[Page 46]]

record which is made available or published, unless including that 
indication would harm an interest protected by an exemption in the FOIA. 
If technically feasible, the extent of the deletion shall be indicated 
at the place in the record where the deletion is made.
    (c) Other Agency records. (1) In addition to the records made 
available or published under paragraphs (a) and (b) of this section, 
NASA shall, upon request for other records made in accordance with this 
part, make such records promptly available to any person, unless they 
are exempt from disclosure, or unless they may be purchased by the 
public from other readily available sources, i.e., books.
    (2) Furthermore, at a minimum, NASA will maintain records in its 
electronic library that were created after November 1, 1997, under 
paragraphs (b)(1)(iv) and a guide for requesting records or information 
from NASA.



Sec. 1206.201  Proactive disclosure of Agency records.

    Records that are required by the FOIA to be made available for 
public inspection and copying are accessible on the Agency's Web site, 
http://www.nasa.gov. Each Center is responsible for determining which of 
its records are required to be made publicly available, as well as 
identifying additional records of interest to the public that are 
appropriate for public disclosure, and for posting such records. Each 
Center has a FOIA Public Liaison who can assist individuals in locating 
records particular to a Center. A list of the Agency's FOIA Public 
Liaisons is available at http://www.hq.nasa.gov/office/pao/FOIA/agency/.



Sec. 1206.202  Records that have been published.

    Publication in the Federal Register is a means of making certain 
Agency records are available to the public in accordance with 5 
U.S.C.552(a)(2) without requiring the filing of a FOIA request. NASA has 
a FOIA Electronic Library Web site at NASA Headquarters and each of its 
Centers. The FedBizOpps (FBO) (formerly Commerce Business Daily), is 
also a source of information concerning Agency records or actions. 
Various other NASA publications and documents, and indexes thereto, are 
available from other sources, such as the U.S. Superintendent of 
Documents and the Earth Resources Observation and Science Center 
(Department of the Interior). Such publications and documents are not 
required to be made available or reproduced in response to a request 
unless they cannot be purchased readily from available sources.



Sec. 1206.203  Incorporation by reference.

    Records reasonably available to the members of the public affected 
thereby shall be deemed published in the Federal Register when 
incorporated by reference in material published in the Federal Register 
(pursuant to the Federal Register regulation on incorporation by 
reference, 1 CFR Part 51).



                          Subpart C_Procedures



Sec. 1206.300  How to make a request for Agency records.

    (a) A requester submitting a request for records must include his/
her name and mailing address, a description of the record(s) sought (see 
Sec. 1206.301), and must address fees or provide justification for a fee 
waiver (see Sec. 1206.302) as well as address the fee category in 
accordance with Sec. 1206.507. It is also helpful to provide a telephone 
number and email address in case the FOIA office needs to contact you 
regarding your request; however, this information is optional when 
submitting a written request. If a requester chooses to submit a request 
online via the NASA FOIA Web site, the required information must be 
completed. Do not include a social security number on any correspondence 
with the FOIA office.
    (b) NASA does not have a central location for submitting FOIA 
requests and it does not maintain a central index or database of records 
in its possession. Instead, Agency records are decentralized and 
maintained by various Centers and offices throughout the country.
    (c) NASA has not yet implemented a records management application 
for automated capture and control of e-records; therefore, official 
files are primarily paper files.

[[Page 47]]

    (d) A member of the public may request an Agency record by mail, 
facsimile (FAX), electronic-mail (email), or by submitting a written 
request in person to the FOIA office having responsibility over the 
record requested or to the NASA Headquarters (HQ) FOIA Office.
    (e) When a requester is unable to determine the proper NASA FOIA 
Office to direct a request to, the requester may send the request to the 
NASA HQ FOIA Office, 300 E. Street SW., Washington, DC 20546-0001. The 
HQ FOIA Office will forward the request to the Center(s) that it 
determines to be most likely to maintain the records that are sought.
    (1) It is in the interest of the requester to send the request to 
the Center FOIA Office they believe has responsibility over the records 
being sought. (See Appendix A for www.nasa.gov/foia for NASA FOIA Office 
locations and addresses.)
    (2) A misdirected request may take up to ten (10) additional working 
(meaning all days except Saturdays, Sundays and all Federal legal 
holidays) days to reroute to the proper FOIA office.
    (f) A requester who is making a request for records about himself or 
herself (a Privacy Act request) must comply with the verification of 
identity provisions set forth in 14 CFR 1212.202.
    (g) Where a request pertains to a third party, a requester may 
receive greater access by submitting either a notarized authorization 
signed by the individual who is the subject of the record requested, or 
a declaration by that individual made in compliance with the 
requirements set forth in 28 U.S.C. 1746, authorizing disclosure of the 
records to the requester, or submit proof that the individual is 
deceased (e.g., a copy of a death certificate or a verifiable obituary).
    (h) As an exercise of its administrative discretion, each Center 
FOIA office may require a requester to supply additional information if 
necessary, i.e., a notarized statement from the subject of the file, in 
order to verify that a particular individual has consented to a third 
party disclosure. Information will only be released on a case-by-case 
basis to third party requesters if they have independently provided 
authorization from the individual who is the subject of the request.



Sec. 1206.301  Describing records sought.

    In view of the time limits under 5 U.S.C. 552(a)(6) for an initial 
determination on a request for an Agency record, a request must meet the 
following requirements:
    (a) The request must be addressed to an appropriate FOIA office or 
otherwise be clearly identified in the letter as a request for an Agency 
record under the ``Freedom of Information Act.''
    (b) Requesters must describe the records sought in sufficient detail 
to enable Agency personnel who are familiar with the subject area of the 
request to identify and locate the record with a reasonable amount of 
effort. To the extent possible, requesters should include specific 
information that may assist a FOIA office in identifying the requested 
records, such as the date, title or name, author, recipient, subject 
matter of the record, case number, file designation, or reference 
number. In general, requesters should include as much detail as possible 
about the specific records or the types of records sought.
    (c) If the requester fails to reasonably describe the records 
sought, the FOIA office shall inform the requester of what additional 
information is needed or why the request is deficient. The FOIA office 
will also notify the requester that it will not be able to comply with 
the FOIA request unless the additional information requested is provided 
within 20 working days from the date of the letter. If the additional 
information is not provided within that timeframe, the request will be 
closed without further notification.
    (d) If after being asked to clarify a request, the requester 
provides additional information to the FOIA office but fails to provide 
sufficient details or information to allow the FOIA office to ascertain 
exactly what records are being requested and locate them, or in general 
to process the request, the FOIA office will notify the requester that 
the request has not been properly made and the request will be closed.

[[Page 48]]

The FOIA office will advise him/her that they may submit a new request 
for the information; however, the requester will need to provide more 
detailed information to allow processing of the request.
    (e) NASA need not comply with a blanket or categorical request (such 
as ``all matters relating to'' a general subject) where it is not 
reasonably feasible to determine what record is sought.
    (f) NASA will in good faith attempt to identify and locate the 
record(s) sought and will consult with the requester when necessary and 
appropriate for that purpose in accordance with these regulations.
    (g) NASA is not required to create or compile records in response to 
a FOIA request.



Sec. 1206.302  Fee agreements.

    (a) A request must explicitly state a willingness to pay all fees 
associated with processing the request, fees up to a specified amount, 
or a request for a fee waiver, if processing fees will likely exceed the 
statutory entitlements as defined in Sec. 1206.507(b) and (c).
    (b) If the FOIA office determines that fees for processing the 
request will exceed the agreed upon amount or the statutory 
entitlements, the FOIA office will notify the requester that:
    (1) He/she must provide assurance of payment for all anticipated 
fees or provide an advance payment if estimated fees are expected to 
exceed $250.00, or
    (2) The FOIA office will not be able to fully comply with the FOIA 
request unless an assurance or advance payment as requested has been 
provided.
    (3) He/she may wish to limit the scope of the request to reduce the 
processing fees.
    (c) If the FOIA office does not receive a written response within 20 
working days after requesting the information, it will presume the 
requester is no longer interested in the records requested and will 
close the file on the request without further notification.
    (d) A commercial-use requester (as defined inSec. 1206.507(c)(1)) 
must:
    (1) State a willingness to pay all fess associated with processing a 
request; or
    (2) State a willingness to pay fees to cover the costs of conducting 
an initial search for responsive records to determine a fee estimate.
    (e) If a requester is only willing to pay a limited amount for 
processing a request and it is for more than one document, the requester 
must state the order in which he/she would like the request for records 
to be processed.
    (f) If a requester is seeking a fee waiver, the request must include 
sufficient justification to substantiate a waiver. (See subpart E of 
this part for information on fee waivers.) Failure to provide sufficient 
justification will result in a denial of the fee waiver request.
    (g) If a requester is seeking a fee waiver, he/she may also choose 
to state a willingness to pay fees in case the fee waiver request is 
denied in order to allow the FOIA office to begin processing the request 
while considering the fee waiver.
    (h) If a fee is chargeable for search, review, duplication, or other 
costs incurred in connection with a request for an Agency record, the 
requester will be billed prior to releasing Agency documents. If the 
total amount of processing fees is under $50.00, the Agency will release 
the records when final processing is complete.
    (1) If the exact amount of the fee chargeable is not known at the 
time of the request, the requester will be notified in the initial 
determination (or in a final determination in the case of an appeal) of 
the amount of fees chargeable.
    (2) For circumstances in which advance payment of fees is required, 
the requester will be notified after the FOIA office has obtained an 
estimate of associated fees.
    (i) The FOIA office will begin processing a request only after the 
request has been properly described in accordance with these regulations 
and fees have been resolved.
    (j) If the requester is required to pay a fee and it is later 
determined on appeal that he/she was entitled to a full or partial fee 
waiver, a refund will be sent as appropriate.
    (k) NASA may refuse to consider a waiver or reduction of fees for 
requesters (persons or organizations) from whom unpaid fees remain owed 
to the

[[Page 49]]

Agency for another information access request.



Sec. 1206.303  Format of records disclosed.

    (a) The FOIA office will provide the records in the requested format 
if the records can readily be reproduced from the original file to that 
specific format.
    (b) The FOIA office may charge direct costs associated with 
converting the records or files into the requested format if they are 
not maintained in that format. If the costs to convert the records 
exceed the amount the requester has agreed to pay, the FOIA office will 
notify the requester in writing. If the requester does not agree to pay 
the additional fees for converting the records, the records may not be 
provided in the requested format.



Sec. 1206.304  Expedited processing.

    A requester may ask for expedited processing of a request. However, 
information to substantiate the request must be included in accordance 
with Sec. 1206.400, Criteria for Expedited Processing; otherwise, the 
request for expedited processing will be denied and processed in the 
simple or complex queue.



Sec. 1206.305  Responding to requests.

    (a) Except in the instances described in paragraphs (e) and (f) of 
this section, the FOIA office that first receives a request for a record 
and maintains that record is the FOIA office responsible for responding 
to the request.
    (b) In determining what records are responsive to a request, a FOIA 
office ordinarily will include only records in its possession as of the 
date that it begins its search. If any other date is used, the FOIA 
office shall inform the requester of that date.
    (c) A record that is excluded from the requirements of the FOIA 
pursuant to 5 U.S.C. 552(c)(1)-(3), shall not be considered responsive 
to a request.
    (d) The Head of a Center, or designee, is authorized to grant or to 
deny any requests for records that are maintained by that Center.
    (e) The FOIA office may refer a request to or consult with another 
Center FOIA office or Federal agency in accordance with Sec. 1206.308, 
if the FOIA office receives a request for records that are in its 
possession that were not created at that Center. If another Center 
within NASA or another Federal agency has substantial interest in or 
created the records, the request will either be referred or they will 
consult with that FOIA office/agency.
    (f) If a request for an Agency record is received by a FOIA office 
not having responsibility of the record (for example, when a request is 
submitted to one NASA Center or Headquarters and another NASA Center has 
responsibility of the record), the FOIA office receiving the request 
shall promptly forward it to that FOIA office within 10 working days 
from the date of receipt. The receiving FOIA office shall acknowledge 
the request and provide the requester with a tracking number.



Sec. 1206.306  Granting a request.

    (a) The FOIA office will not begin processing a request until all 
issues regarding scope and fees have been resolved.
    (b) If fees are not expected to exceed the minimum threshold of 
$50.00, and the scope of the request is in accordance with 
Sec. 1206.301, the FOIA office will begin processing the request.
    (c) If the FOIA office contacts the requester regarding fees or 
clarification and the requester has provided a response, the FOIA office 
will notify the requester in writing of the decision to either grant or 
deny the request.



Sec. 1206.307  Denying a request.

    (a) If the FOIA office denies records in response to a request 
either in full or in part, it will advise the requester in writing that:
    (1) The requested record(s) is exempt in full or in part; or
    (2) Records do not exist, cannot be located, or are not in the 
Agency's possession; or
    (3) A record is not readily reproducible in the form or format 
requested; or
    (4) Denial is based on a procedural issue only and not access to the 
underlying records when it makes a decision that:
    (i) A fee waiver or another fee-related issue will not be granted; 
or
    (ii) Expedited processing will not be provided.

[[Page 50]]

    (b) The denial notification must include:
    (1) The name, title, or position of the person(s) responsible for 
the denial;
    (2) A brief statement of the reasons for the denial, including a 
reference to any FOIA exemption(s) applied by the FOIA office to 
withhold records in full or in part;
    (3) An estimate of the volume of any records or information 
withheld, i.e., the number of pages or a reasonable form of estimation, 
unless such an estimate would harm an interest protected by the 
exemption(s) used to withhold the records or information;
    (4) A statement that the denial may be appealed under Subpart G of 
this part and a description of the requirements set forth therein.
    (c) If the requested records contain both exempt and non-exempt 
material, the FOIA office will:
    (1) Segregate and release the non-exempt material unless the non-
exempt material is so intertwined with the exempt material that 
disclosure of it would leave only meaningless words and phrases;
    (2) Indicate on the released portion(s) of the records the amount of 
information redacted and the FOIA exemption(s) under which the redaction 
was made, unless doing so would harm an interest protected by the FOIA 
exemption used to withhold the information; and
    (3) If technically feasible, place the exemption at the place of 
excision.



Sec. 1206.308  Referrals and consultations within NASA or other Federal
Agencies.

    (a) Referrals and consultations can occur within the Agency or 
outside the Agency.
    (b) If a FOIA office (other than the Office of Inspector General) 
receives a request for records in its possession that another NASA FOIA 
office has responsibility over or is substantially concerned with, it 
will either:
    (1) Consult with the other FOIA office before deciding whether to 
release or withhold the records; or
    (2) Refer the request, along with the records, to that FOIA office 
for direct response.
    (c) If the FOIA office that originally received the request refers 
all or part of the request to another FOIA office within the Agency for 
further processing, they will notify the requester of the partial 
referral and provide that FOIA contact information.
    (d) If while responding to a request, the FOIA office locates 
records that originated with another Federal agency, it will generally 
refer the request and any responsive records to that other agency for a 
release determination and direct response.
    (e) If the FOIA office refers all the records to another agency, it 
will document the referral and maintain a copy of the records that it 
refers; notify the requester of the referral in writing, unless that 
identification will itself disclose a sensitive, exempt fact; and will 
provide the contact information for the other agency and if known, the 
name of a contact at the other agency.
    (f) If the FOIA office locates records that originated with another 
Federal agency while responding to a request, the office will make the 
release determination itself (after consulting with the originating 
agency) when:
    (1) The record is of primary interest to NASA (for example, a record 
may be of primary interest to NASA if it was developed or prepared 
according to Agency regulations or directives, or in response to an 
Agency request); or
    (2) NASA is in a better position than the originating agency to 
assess whether the record is exempt from disclosure; or
    (3) The originating agency is not subject to the FOIA; or
    (4) It is more efficient or practical depending on the 
circumstances.
    (g) If the FOIA office receives a request for records that another 
Federal agency has classified under any applicable executive order 
concerning record classification, it must refer the request to that 
agency for response.
    (h) If the FOIA office receives a request for records that are under 
the purview of another Federal agency, the office will return the 
request to the requester and may advise the requester to submit it 
directly to another agency. The FOIA office will then close the request.

[[Page 51]]

    (i) All consultations and referrals received by the Agency will be 
handled according to the date that the FOIA request initially was 
received by the first FOIA office.



     Subpart D_Procedures and Time Limits for Responding to Requests



Sec. 1206.400  Procedures for processing queues and expedited processing.

    (a) The FOIA office will normally process requests in the order in 
which they are received in each of the processing tracks.
    (b) FOIA offices use three queues for multi-track processing 
depending on the complexity of the request. Once it has been determined 
the request meets the criteria in accordance with subpart C of this 
part, the FOIA office will place the request in one of the following 
tracks:
    (1) Simple--A request that can be processed within 20 working days.
    (2) Complex--A request that will take over 20 working days to 
process. (A complex request will generally require coordination with 
more than one office and a legal 10 working day extension for unusual 
circumstances (see Sec. 1206.403) may be taken either up front or during 
the first 20 days of processing the request.)
    (3) Expedited processing--A request for expedited processing will be 
processed in this track if the requester can show exceptional need or 
urgency that their request should be processed out of turn in accordance 
with paragraph (c) of this section.
    (c) Requests and appeals will be processed on an expedited basis 
whenever it is determined that they involve one or more of the 
following:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) Circumstances in which there is an urgency to inform the public 
about an actual or alleged Federal Government activity if the FOIA 
request is made by a person primarily engaged in disseminating 
information;
    (i) In most situations, a person primarily engaged in disseminating 
information will be a representative of the news media and therefore, 
will qualify as a person primarily engaged in disseminating information.
    (ii) To substantiate paragraph (c)(2) of this section, the requested 
information must be the type of information which has particular value 
that will be lost if not disseminated quickly; this ordinarily refers to 
a breaking news story of general public interest. Information of 
historical interest only or information sought for litigation or 
commercial activities would not qualify, nor would a news media deadline 
unrelated to breaking news; or
    (3) The loss of substantial due process rights.
    (d) A request for expedited processing must contain a statement 
that:
    (1) Explains in detail how the request meets one or more of the 
criteria in paragraph (c) of this section; and
    (2) Certifies that the explanation is true and correct to the best 
of the requester's knowledge and belief.
    (3) If the request is made referencing paragraph (c)(2) of this 
section, the requester must substantiate the public interest.
    (e) A request for expedited processing may be made at any time. 
Requests must be submitted to the FOIA office responsible for processing 
the requested records.
    (f) The FOIA office must notify the requester of its decision to 
grant or deny expedited processing within 10 calendar days from the date 
of receipt.
    (g) If expedited processing is granted, the request will be 
processed on a first-in, first-out basis in that queue.
    (h) If expedited processing is denied, the FOIA office will notify 
the requester and provide information on appealing this decision in 
accordance with Subpart G of this part and place the request in the 
appropriate processing queue.
    (i) If the FOIA office processing the request does not provide 
notification of either granting or denying the request for expedited 
processing within 10 calendar days from the date of receipt, the 
requester may file an appeal for non-response in accordance with subpart 
G of this part.

[[Page 52]]



Sec. 1206.401  Procedures and time limits for acknowledgement letters
and initial determinations.

    (a) Following receipt of a request submitted under the FOIA, the 
FOIA staff will send an acknowledgement letter providing the case 
tracking number and processing track within ten (10) working days from 
date of receipt to the requester.
    (b) An initial determination is a decision by a NASA official, in 
response to a request by a member of the public for an Agency record, on 
whether the record described in the request can be identified and 
located after a reasonable search and, if so, whether the record (or 
portions thereof) will be made available under this part or will be 
withheld from disclosure under the FOIA.
    (c) An initial determination on a request for an Agency record 
addressed in accordance with this regulation (to include one submitted 
in person at a FOIA office) shall be made (for example, to grant, 
partially grant or deny a request), and the requester shall be sent an 
initial determination letter within 20 working days after receipt of the 
request, as required by 5 U.S.C. 552(a)(6) (unless unusual circumstances 
exist as defined in Sec. 1206.403).
    (d) The basic time limit for a misdirected FOIA request (not a 
referral or consultation) begins on the date on which the request is 
first received by the appropriate FOIA office within the Agency, but in 
any event no later than ten (10) working days after the date the request 
is first received by a FOIA office designated to receive FOIA requests.
    (e) Any notification of an initial determination that does not 
comply fully with the request for an Agency record, including those 
searches that produce no responsive documents, shall include a statement 
of the reasons for the adverse determination, include the name and title 
of the person making the initial determination, and notify the requester 
of the right to appeal to the Administrator or the Inspector General, as 
appropriate, pursuant to subpart G of this part.



Sec. 1206.402  Suspending the basic time limit.

    (a) In accordance with 5 U.S.C. 552(a)(6)(A)(ii)(I), the FOIA office 
may make one request to the requester for information to clarify a 
request and temporarily suspend (toll) the time (the 20-day period) 
while it is awaiting such information that it has reasonably requested 
from the requester. Receipt of the requester's response by the FOIA 
office to the Agency's request for additional information or 
clarification ends the temporary time suspension.
    (b) In accordance with 5 U.S.C. 552(a)(6)(A)(ii)(II), the FOIA 
office may temporarily suspend (toll) the 20-day period as many times as 
is necessary to clarify with the requester issues regarding fees. 
Receipt of the requester's response by the FOIA office to the Agency's 
request for information regarding fees ends the temporary time 
suspension.



Sec. 1206.403  Time extensions.

    (a) In ``unusual circumstances'' as defined in this section, the 
time limits for an initial determination and for a final determination 
may be extended, but not to exceed a total of 10 working days in the 
aggregate in the processing of any specific request for an Agency 
record. The extension must be taken before the expiration of the 20 
working day time limits. The requester will be notified in writing of:
    (1) The unusual circumstances surrounding the extension of the time 
limit;
    (2) The date by which the FOIA office expects to complete the 
processing of the request.
    (b) Unusual circumstances are defined as:
    (1) The need to search for and collect the requested records from 
offices other than the office processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous number of documents;
    (3) The need to coordinate and/or consult with another NASA office 
or agency having a substantial subject-matter interest in the 
determination of the request.

[[Page 53]]

    (c) If initial processing time will exceed or is expected to exceed 
30 working days, the FOIA office will notify the requester of the delay 
in processing and:
    (1) Provide an opportunity to modify or limit the scope of the 
request to reduce processing time; and
    (2) Provide appeal rights, since the FOIA office has exceeded the 30 
working day time period.
    (3) Shall make available its designated FOIA contact and its FOIA 
Public Liaison for this purpose.
    (d) The requester's refusal to reasonably modify the scope of a 
request or arrange an alternative timeframe for processing a request 
after being given the opportunity to do so may be considered a factor 
when determining whether exceptional circumstances exist. A delay that 
results from a predictable workload of requests does not constitute 
exceptional circumstances unless the Agency demonstrates reasonable 
progress in reducing its backlog of pending requests.



           Subpart E_Fees Associated With Processing Requests



Sec. 1206.500  Search.

    (a) Search includes all time spent looking for material that is 
responsive to a request, including page-by-page or line-by-line 
identification of material within documents. A search will determine 
what specific documents, if any, are responsive to a request. A search 
for Agency records responsive to a request may be accomplished by manual 
or automated means.
    (b) Search charges, as set forth in this part, may be billed even 
when an Agency record, which has been requested, cannot be identified or 
located after a diligent search and consultation with a professional 
NASA employee familiar with the subject area of the request has been 
conducted or if located, cannot be made available under Sec. 1206.308.
    (c) In responding to FOIA requests, FOIA offices shall charge the 
following fees based on the date the request is received in the NASA 
FOIA Office unless a waiver or reduction of fees has been granted under 
Sec. 1206.506. Fees will be determined on October 1st of each year based 
on the appropriate General Schedule (GS) base salary, plus the District 
of Columbia locality payment, plus 16 percent for benefits of employees. 
Fees such as search, review, and duplication will be charged in 
accordance with the requester's fee category as defined in 
Sec. 1206.507.
    (d) For each quarter hour spent by personnel searching for requested 
records, including electronic searches that do not require new 
programming, the fees will be the average hourly GS-base salary, plus 
the District of Columbia locality payment, plus 16 percent for benefits 
of employees in the following three categories, as applicable:
    (1) Clerical--Based on a GS-6, Step 5 (all employees at a GS-7 and 
below are classified as clerical for this purpose).
    (2) Professional--Based on a GS-11, Step 7 pay (all employees at a 
GS-8 through GS-12 are classified as professional for this purpose);
    (3) Managerial--Based on GS-14, Step 2, pay (all employees at a GS-
13 and above are classified as managerial for this purpose).
    (e) Requesters will be charged the direct costs associated with 
conducting any search that requires the creation of a new program to 
locate the requested records.
    (f) For requests that require the retrieval of records stored by an 
agency at a Federal records center operated by the NARA, additional 
costs shall be charged in accordance with the Transactional Billing Rate 
Schedule established by NARA.



Sec. 1206.501  Review.

    (a) Review means the process of examining a document(s) located in 
response to a request to determine whether the document(s) or any 
portion thereof is disclosable. Review does not include time spent 
resolving general legal or policy issues regarding the application of 
exemptions.
    (b) Review fees will be assessed in connection with the initial 
review of the record, i.e., the review conducted by Agency staff to 
determine whether an exemption applies to a particular record or portion 
of a record.
    (c) Review fees will be charged to commercial use requesters.

[[Page 54]]

    (d) No charge will be made for review at the administrative appeal 
stage of exemptions applied at the initial review stage. However, when 
the appellate authority determines that a particular exemption no longer 
applies, any costs associated with an additional review of the records 
in order to consider the use of other exemptions may be assessed as 
review fees.
    (e) Review fees will be charged at the same rates as those charged 
for a search under Sec. 1206.500.
    (f) Review fees can be charged even if the record(s) reviewed 
ultimately is not disclosed.
    (g) Review fees will not include costs incurred in resolving issues 
of law or policy that may be raised in the course of processing a 
request under this section.



Sec. 1206.502  Duplication.

    (a) Duplication is reproducing a copy of a record or of the 
information contained in it, necessary to respond to a FOIA request. 
Copies can take the form of paper, audiovisual materials, or electronic 
records, among others.
    (b) FOIA offices shall honor a requester's preference for receiving 
a record in a particular form or format where it is readily reproducible 
by the FOIA office in the form or format requested. If the records are 
not readily reproducible in the requested form or format, the Agency 
will so inform the requester. The requester may specify an alternative 
form or format that is available. If in this situation the requester 
refuses to specify an alternative form or format, the Agency will not 
process the request any further.
    (c) Where standard-sized photocopies or scans are supplied, the FOIA 
office will provide one copy per request at the regular copy rate per 
page.
    (d) For copies of records produced on tapes, disks, or other 
electronic media, FOIA offices will charge the direct costs of producing 
the copy, including the time spent by personnel duplicating the 
requested records. For each quarter hour spent by personnel duplicating 
the requested records, the fees will be the same as those charged for a 
search under this subpart.
    (e) If NASA staff must scan paper documents in order to accommodate 
a requester's preference to receive the records in an electronic format, 
the requester shall pay the appropriate copy fee charge per page as well 
as each quarter hour spent by personnel scanning the requested records. 
Fees will be the same as those charged for search under this subpart for 
each quarter hour spent by personnel scanning the requested records.
    (f) For other forms of duplication, FOIA offices will charge the 
direct costs as well as any associated personnel costs. For standard-
sized copies of documents such as letters, memoranda, statements, 
reports, contracts, etc., $0.15 per copy of each page; charges for 
double-sided copies will be $0.30. For copies of oversized documents, 
such as maps, charts, etc., fees will be assessed as direct costs. 
Charges for copies (and scanning) include the time spent in duplicating 
the documents. For copies of computer disks, still photographs, 
blueprints, videotapes, engineering drawings, hard copies of aperture 
cards, etc., the fee charged will reflect the direct cost to NASA of 
reproducing, copying, or scanning the record.
    (g) If the request for an Agency record required to be made 
available under this part requires a computerized search or printout, 
the charge for the time of personnel involved shall be at the rates 
specified in this part or the direct costs assessed to the Agency. The 
charge for computer time involved and for any special supplies or 
materials used shall not exceed the direct cost to NASA.
    (h) Reasonable standard fees may be charged for additional direct 
costs incurred in searching for or duplicating an Agency record in 
response to a request under this part. Charges made under this paragraph 
include, but are not limited to, the transportation of NASA personnel to 
places of record storage for search purposes or freight charges for 
transporting records to the personnel searching for or duplicating a 
requested record.
    (i) Complying with requests for special services such as those 
listed in this section is entirely at the discretion of NASA. To the 
extent that NASA elects to provide the following services, it

[[Page 55]]

will levy a charge equivalent to the full cost of the service provided:
    (1) Certifying that records are true copies.
    (2) Sending records by special methods such as express mail.
    (3) Packaging and mailing bulky records that will not fit into the 
largest envelope carried in the supply inventory.



Sec. 1206.503  Restrictions on charging fees.

    (a) No search fees will be charged when the FOIA office fails to 
comply with the statutory time limits in response to a request if no 
unusual or exceptional circumstances apply to the processing of the 
request, as those terms are defined in Subpart D of this regulation.
    (b) In the case of a requester as defined in Sec. 1206.507(c)(2) 
(education and noncommercial scientific institution) and (c)(3) 
(representative of the news media), no duplication fees will be charged 
when the FOIA office fails to comply with the statutory time limits in 
response to a request if no unusual or exceptional circumstances apply 
to the processing of the request, as those terms are defined in subpart 
D of this part.
    (c) Fees will not be charged unless they are over $50.00.
    (d) No search or review fees will be charged for a quarter-hour 
period unless more than half of that period is required to fulfill 
processing of the request.



Sec. 1206.504  Charging fees.

    (a) When a FOIA office determines or estimates the fees to be 
assessed in accordance with this section will exceed $50.00, the FOIA 
office shall notify the requester unless the requester has indicated a 
willingness to pay fees as high as those anticipated. If a portion of 
the fees can be readily estimated, the FOIA office shall advise the 
requester accordingly.
    (b) In cases in which a requester has been notified that actual or 
estimated fees are in excess of $50.00, the request shall be placed on 
hold and further work will not be completed until the requester commits 
in writing to pay the actual or estimated fees. Such a commitment must 
be made by the requester in writing, must indicate a given dollar amount 
or a willingness to pay all processing fees, and must be received by the 
FOIA office within 20 working days from the date of the letter providing 
notification of the fee estimate. If a commitment is not received within 
this period, the request shall be closed without further notification.
    (c) After the FOIA office begins processing a request, if it finds 
that the actual cost will exceed the amount the requester previously 
agreed to pay, the FOIA office will: Stop processing the request; and 
promptly notify the requester of the higher amount. The request will be 
placed on hold until the fee issue has been resolved. If the issue is 
not resolved within 20 working days from the date of the notification 
letter, the request shall be closed without further notification.
    (d) Direct costs, meaning those expenditures that NASA actually 
incurs in searching for, duplicating, and downloading computer files and 
documents in response to a FOIA request, will be included on the invoice 
as appropriate. Direct costs include, for example, the salary of the 
employee who would ordinarily perform the work (the basic rate of pay 
for the employee plus 16 percent of that rate to cover benefits), the 
cost of operating computers and other electronic equipment, such as 
photocopiers and scanners, the costs associated with retrieving records 
stored at a Federal records center operated by the NARA, as well as 
costs for CDs and other media tools.
    (e) NASA may charge interest on any unpaid bill starting on the 31st 
day following the date of billing the requester. Interest charges will 
be assessed at the rate provided in 31 U.S.C. 3717 and will accrue from 
the billing date until payment is received by the FOIA office. NASA will 
follow the provisions of the Debt Collection Act of 1982 (Pub. L. 97-
365, 96 Stat. 1749), as amended, and its administrative procedures, 
including the use of consumer reporting agencies, collection agencies, 
and offset.
    (f) If processing fees are less than $50.00, NASA will send all 
releaseable

[[Page 56]]

documents (or portions thereof) following the completion of the initial 
determination. If fees are greater than $50.00, the documents will not 
be released until the invoice has been paid and verified by the FOIA 
office.
    (g) Final billing will be sent when the initial determination has 
been completed. At that time the case will be closed.



Sec. 1206.505  Advance payments.

    (a) For requests other than those described in paragraphs (b), (c), 
and (f) of this section, a FOIA office shall not require the requester 
to make an advance payment before work is commenced or continued on a 
request. Payment owed for work already completed (i.e., payment for 
search, review and/or before records are released to a requester) is not 
an advance payment.
    (b) When a FOIA office determines or estimates that a total fee to 
be charged under this section will exceed $250.00, it may require that 
the requester make an advance payment up to the amount of the entire 
anticipated fee before beginning to process the request. A FOIA office 
may elect to process the request prior to collecting fees when it 
receives a satisfactory assurance of full payment from a requester.
    (c) Where a requester has previously failed to pay a properly 
charged FOIA fee assessed by any FOIA office in the agency within 30 
calendar days of the billing date, a FOIA office may require the 
requester to pay the full amount due, plus any applicable interest due 
on the outstanding debt, before the FOIA office begins to process a new 
request or continues to process a pending request or any pending remand 
of an appeal. Once the outstanding bill has been paid, the FOIA office 
may also require the requester to make an advance payment of the full 
amount of any anticipated fee before processing the new request.
    (d) Where a FOIA office has a reasonable basis to believe that a 
requester has misrepresented his or her identity in order to avoid 
paying outstanding fees, it may require that the requester provide 
further proof of identity.
    (e) In cases in which a FOIA office requires advance payment, the 
request shall be placed on hold and further work will not be completed 
until the required payment is received. If the requester does not pay 
the advance payment within 20 working days after the date of the FOIA 
office's letter, the request will be closed without further 
notification.
    (f) When advance payment is required in order to initiate 
processing, after a fee estimate has been determined, the FOIA office 
will require payment before continuing to process the request.
    (g) The fee schedule of this section does not apply to fees charged 
under any statute that specifically requires an agency to set and 
collect fees for particular types of records. In instances where records 
responsive to a request are subject to a statutorily-based fee schedule 
program, the FOIA office will inform the requester of the contact 
information for that source.



Sec. 1206.506  Requirements for a waiver or reduction of fees.

    (a) The burden is on the requester to justify an entitlement to a 
fee waiver. (See Sec. 1206.507 for a discussion on fee categories.)
    (b) Requests for a waiver or reduction of fees shall be considered 
on a case-by-case basis using the criteria in this section. These 
statutory requirements must be satisfied by the requester before 
properly assessable fees are waived or reduced under the statutory 
standard.
    (c) Records shall be furnished without charge or at a reduced rate 
if the requester has demonstrated, based on all available information, 
that disclosure of the information is in the public interest because it:
    (1) Is likely to contribute significantly to public understanding of 
the operations or activities of the Government; and
    (2) Is not primarily in the commercial interest of the requester.
    (d) In deciding whether a request for a fee waiver meets the 
requirements in Sec. 1206.506(c)(1), the FOIA office will use the 
following factors, which must be addressed by the requester:
    (1) Does the subject of the request specifically concern 
identifiable operations or activities of the Agency with a connection 
that is direct and clear,

[[Page 57]]

not remote or attenuated? For example, is the information requested 
clearly associated to current events?
    (2) If the record(s) concern the operations or activities of the 
Government, is disclosure likely to contribute to an increased public 
understanding of those operations or activities? For example, are the 
disclosable contents of the record(s) meaningfully informative in 
relation to the subject matter of the request?
    (3) Is the focus of the requester on contributing to public 
understanding, rather than on the individual understanding of the 
requester or a narrow segment of interested persons? The requester must 
demonstrate how he/she plans to disseminate the information. The 
dissemination of information must be to the general public or a 
reasonably broad audience. (Dissemination to a wide audience is not 
merely posting the documents on a Web site, but using his/her editorial 
skills to turn raw materials into a distinct work.)
    (4) If there is likely to be a contribution to public understanding, 
will that contribution be significant? A contribution to public 
understanding will be significant if the information disclosed is new, 
clearly supports public oversight of Agency operations, including the 
quality of Agency activities and the effect of policy and regulations on 
public health and safety, or otherwise confirms or clarifies data on 
past or present operations of the Agency.
    (e) In deciding whether the fee waiver meets the requirements in 
Sec. 1206.506(c)(2), the FOIA office will consider any commercial 
interest of the requester that would be furthered by the requested 
disclosure.
    (1) Requesters are encouraged to provide explanatory information 
regarding this consideration.
    (2) A waiver or reduction of fees is justified where the public 
interest is greater than any identified commercial interest in 
disclosure.
    (3) If the requester is a representative of a news media 
organization seeking information as part of a news gathering process, 
the FOIA office will presume that the public interest outweighs the 
requester's commercial interest.
    (4) If the requester represents a business, corporation, or is an 
attorney representing such an organization, the FOIA office will presume 
that the commercial interest outweighs the public interest unless 
otherwise demonstrated.
    (f) Where only some of the records to be released satisfy the 
requirements for a waiver of fees, a partial waiver shall be granted for 
those records.
    (g) Requests for a waiver or reduction of fees should be made when 
the request is first submitted to the Agency and should address the 
criteria referenced above. A requester may submit a fee waiver request 
at a later time so long as the underlying record request is pending or 
on administrative appeal.
    (h) When a requester who has committed to pay fees subsequently asks 
for a waiver of those fees and that waiver is denied, the requester will 
be required to pay any costs incurred up to the date the fee waiver 
request was received by the office processing the original request.
    (i) When deciding whether to waive or reduce fees, the FOIA office 
will rely on the fee waiver justification submitted in the request 
letter. If the request letter does not include sufficient justification, 
the FOIA office will either deny the fee waiver request or at its 
discretion, ask for additional justification from the requester.
    (j) FOIA offices may make available their FOIA Public Liaison or 
other FOIA professional to assist any requester in reformulating a 
request in an effort to reduce fees; however, the FOIA staff may not 
assist a requester in composing a request, advising what specific 
records to request, or how to write a request to qualify for a fee 
waiver.



Sec. 1206.507  Categories of requesters.

    (a) A request should indicate the fee category. If the requester 
does not indicate a fee category, or it is unclear to the FOIA office, 
the FOIA office will make a determination of the fee category based on 
the request. If the requester does not agree with their determination, 
he/she will be afforded the opportunity to provide information to 
support a different fee category.

[[Page 58]]

    (b) If the request is submitted on behalf of another person or 
organization (e.g., if an attorney is submitting a request on behalf of 
a client), the fee category will be determined by considering the 
underlying requester's identity and intended use of the information. The 
following table outlines the basic fee categories and applicable fees:

----------------------------------------------------------------------------------------------------------------
         Requester category                 Search fees              Review fees            Duplication fees
----------------------------------------------------------------------------------------------------------------
Commercial use requester............  Yes....................  Yes....................  Yes.
Educational and non-commercial        No.....................  No.....................  Yes (first 100 pages, or
 scientific institutions.                                                                equivalent volume,
                                                                                         without charge).
Representative of news media          No.....................  No.....................  Yes (first 100 pages, or
 requester.                                                                              equivalent volume,
                                                                                         without charge).
All other requesters................  Yes (first 2 hours       No.....................  Yes (first 100 pages, or
                                       without charge).                                  equivalent volume,
                                                                                         without charge).
----------------------------------------------------------------------------------------------------------------

    (c) The FOIA provides for three categories of requesters. However, 
for clarity purposes, NASA has broken them down to four for the purposes 
of determining fees. These four categories of FOIA requesters are: 
Commercial use requesters; educational and noncommercial scientific 
institutions; representatives of the news media; and all other 
requesters. The Act prescribes specific levels of fees for each of these 
categories, which is indicated in the FOIA fee table above.
    (1) Commercial use requesters. When NASA receives a request for 
documents appearing to be for commercial use, meaning a request from or 
on behalf of one whom seeks information for a use or purpose that 
furthers the commercial, trade, or profit interests of either the 
requester or the person on whose behalf the request is made, it will 
assess charges to recover the full direct costs of searching for, 
reviewing for release, and duplicating the records sought. NASA will not 
consider a commercial-use request for a waiver or reduction of fees 
based upon an assertion that disclosure would be in the public interest. 
A request from a corporation (not a news media corporation) may be 
presumed to be for commercial use unless the requester demonstrates that 
it qualifies for a different fee category. Commercial use requesters are 
not entitled to two (2) hours of search time or to 100 pages of 
duplication of documents without charge.
    (2) Education and non-commercial scientific institution requesters. 
(i) To be eligible for inclusion in this category, requesters must show 
that the request being made is authorized by and under the auspices of a 
qualifying institution and that the records are not being sought for a 
commercial use (not operated for commerce, trade or profit), but are 
being sought in furtherance of scholarly (if the request is from an 
educational institution) or scientific (if the request is from a 
noncommercial scientific institution) research. A request for 
educational purposes must be sent on the Institution's letterhead and 
signed by the Dean of the School or Department. Records requested for 
the intention of fulfilling credit requirements are not considered to be 
sought for a scholarly purpose.
    (ii) For the purposes of a non-commercial scientific institution, it 
must be solely for the purpose of conducting scientific research, the 
results of which are not intended to promote any particular product or 
industry. Requests must be sent on the letterhead of the scientific 
institution and signed by the responsible official in charge of the 
project/program associated with the subject of the documents that are 
being requested.
    (3) Representative of the news media. (i) NASA shall provide 
documents to requesters in this category for the cost of duplication 
alone, excluding charges for the first 100 pages when the requester 
demonstrates the following:
    (A) The requester's intended dissemination,
    (B) Whether the information is current news and/or of public 
interest, and
    (C) Whether the information sought will shed new light on agency 
statutory operations.
    (ii) A representative of the news media is any person or entity 
organized and operated to publish or broadcast

[[Page 59]]

news to the public that actively gathers information of potential 
interest to a segment of the public, uses its editorial skills to turn 
the raw materials into a distinct work, and distributes that work to an 
audience. Examples of news media entities include television or radio 
stations that broadcast ``news'' to the public at large and publishers 
of periodicals that disseminate ``news'' and make their products 
available through a variety of means to the general public. A request 
for records that supports the news-dissemination function of the 
requester shall not be considered to be for a commercial use. 
``Freelance'' journalists who demonstrate a solid basis for expecting 
publication through a news media entity shall be considered as working 
for that entity. A publishing contract would provide the clearest 
evidence that publication is expected; however, NASA shall also consider 
a requester's past publication record in making this determination. 
NASA's decision to grant a requester news media status for the purposes 
of assessing fees will be made on a case-by-case basis based upon the 
requesters intended use.
    (iii) Requesters seeking this fee category who do not articulate 
sufficient information to support their request will not be included in 
this fee category. Additionally, FOIA staff may grant a partial fee 
waiver if the requester can articulate the information above for some of 
the documents.
    (4) All other requesters. NASA shall charge requesters who do not 
fit into any of the categories mentioned in this section fees in 
accordance with the fee table above.



Sec. 1206.508  Aggregation of requests.

    (a) A requester may not file multiple requests at the same time, 
each seeking portions of a document or documents, solely in order to 
avoid payment of fees.
    (b) When NASA has reason to believe that a requester or a group of 
requesters acting in concert is attempting to divide a request into a 
series of requests on a single subject or related subjects for the 
purpose of avoiding the assessment of fees, NASA will aggregate any such 
requests and charge accordingly.
    (c) NASA will consider that multiple requests made within a 30-day 
period were so intended submitted as such to avoid fees, unless there is 
evidence to the contrary.
    (d) NASA will aggregate requests separated by a longer period of 
time only when there is a reasonable basis for determining that 
aggregation is warranted in view of all the circumstances involved.
    (e) NASA will not aggregate multiple requests on unrelated subjects 
from one requester or organization.



Sec. 1206.509  Form of payment.

    Payment shall be made by check or money order payable to the 
``Treasury of the United States,'' or by credit card per instructions in 
the initial determination or billing invoice and sent to NASA.



Sec. 1206.510  Nonpayment of fees.

    (a) Requesters are advised that should they fail to pay the fees 
assessed, they may be charged interest on the amount billed starting on 
the 31st day following the day on which the billing was sent. Interest 
will be at the rate prescribed in 31 U.S.C. 3717.
    (b) Applicability of Debt Collection Act of 1982 (Pub. L. 97-365). 
Requesters are advised that if full payment is not received within 60 
days after the billing was sent, the procedures of the Debt Collection 
Act may be invoked (14 CFR 1261.407-1261.409). These procedures include 
three written demand letters at not more than 30-day intervals, 
disclosure to a consumer reporting agency, and the use of a collection 
agency, where appropriate.



Sec. 1206.511  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person to 
any service or to the disclosure of any record that is not required 
under the FOIA.



                    Subpart F_Commercial Information



Sec. 1206.600  General policy.

    (a) Notice shall be given to a submitter whenever the information 
requested is commercial information and

[[Page 60]]

has been designated by the submitter as information deemed protected 
from disclosure under Exemption 4 of the Act, or the Agency otherwise 
has reason to believe that the information may be protected from 
disclosure under Exemption 4. For the purpose of applying the notice 
requirements, commercial information is information provided by a 
submitter and in the possession of NASA, that may arguably be exempt 
from disclosure under the provisions of Exemption 4 of the FOIA (5 
U.S.C. 552(b)(4)). The meaning ascribed to this term for the purpose of 
this notice requirement is separate and should not be confused with use 
of this or similar terms in determining whether information satisfies 
one of the elements of Exemption 4.
    (b) A submitter is a person or entity outside the Federal Government 
from whom the Agency directly or indirectly obtains commercial or 
financial information. The term submitter includes, but is not limited 
to corporations, state governments, individuals, and foreign 
governments.
    (c) The notice requirements of Sec. 1206.601 will not apply if:
    (1) The information has been lawfully published or officially made 
available to the public; or
    (2) Disclosure of the information is required by a statute (other 
than this part); or
    (3) The submitter has received notice of a previous FOIA request 
which encompassed information requested in the later request, and the 
Agency intends to withhold and/or release information in the same manner 
as in the previous FOIA request.
    (d) An additional limited exception to the notice requirements of 
Sec. 1206.601, to be used only when all of the following exceptional 
circumstances are found to be present, authorizes the Agency to withhold 
information that is the subject of a FOIA request, based on Exemption 4 
(5 U.S.C. 552(b)(4)), without providing the submitter individual notice 
when:
    (1) The Agency would be required to provide notice to over ten (10) 
submitters, in which case, notification may be accomplished by posting 
or publishing the notice in a place reasonably calculated to accomplish 
notification.
    (2) Absent any response to the published notice, the Agency 
determines that if it provided notice as is otherwise required by 
Sec. 1206.601, it is reasonable to assume that the submitter would 
object to disclosure of the information based on Exemption 4; and,
    (3) If the submitter expressed the anticipated objections, the 
Agency would uphold those objections.
    (e) The exception shall be used only with the approval of the Chief 
Counsel of the Center, the Counsel to the Inspector General, or the 
Associate General Counsel responsible for providing advice on the 
request. This exception shall not be used for a class of documents or 
requests, but only as warranted by an individual FOIA request.



Sec. 1206.601  Notice to submitters.

    (a) Except as provided in Sec. 1206.603(b) and Sec. 1206.603(c), the 
Agency shall provide a submitter with prompt written notice of a FOIA 
request that seeks its commercial information whenever required under 
Sec. 1206.600(a).
    (b) A notice to a submitter must include:
    (1) The exact language of the request or an accurate description of 
the request;
    (2) Access to or a description of the responsive records or portions 
thereof containing the commercial information to the submitter;
    (3) A description of the procedures for objecting to the release of 
the possibly confidential information under Sec. 1206.602;
    (4) A time limit for responding to the Agency that shall not exceed 
10 working days from the date of the letter sent to the submitter by the 
FOIA Office or publication of the notice (as set forth in 
Sec. 1206.603(b)) to object to the release and to explain the basis for 
the objection;
    (5) Notice that the information contained in the submitter's 
objections may itself be subject to disclosure under the FOIA;
    (6) Notice that the Agency, not the submitter, is responsible for 
deciding whether the information shall be released or withheld;
    (7) Notice that failing to respond within the timeframe specified 
under

[[Page 61]]

Sec. 1206.601(b)(4) will create a presumption that the submitter has no 
objection to the disclosure of the information in question.
    (c) Whenever the Agency provides notice pursuant to this section, 
the Agency shall advise the requester that notice and opportunity to 
comment are being provided to the submitter.



Sec. 1206.602  Opportunity to object to disclosure.

    (a) If a submitter has any objections to the disclosure of 
commercial information, the submitter must provide a detailed written 
statement to the FOIA office that specifies all factual and/or legal 
grounds for withholding the particular information under any FOIA 
exemptions.
    (b) The submitter must include a daytime telephone number, an email 
and mailing address, and a fax number if available on a response to the 
FOIA office.
    (c) A submitter who does not respond within the time period 
specified under this subpart will be considered to have no objection to 
disclosure of the information.
    (d) Responses received by the FOIA office after the time period 
specified in Sec. 1206.601(b)(4) will not be considered by the FOIA 
office. An extension of time to respond may be granted provided the 
submitter provides an explanation justifying additional time within the 
time period specified in Sec. 1206.601(b)(4).



Sec. 1206.603  Notice of intent to disclose.

    (a) The Agency shall carefully consider any objections of the 
submitter in the course of determining whether to disclose commercial 
information. The Agency, not the submitter, is responsible for deciding 
whether the information will be released or withheld.
    (b) Whenever the Agency decides to disclose commercial information 
over the objection of a submitter, the Agency shall forward to the 
submitter a written statement which shall include the following:
    (1) A brief explanation as to why the Agency did not agree with any 
objections;
    (2) A description of the commercial information to be disclosed, 
sufficient to identify information to the submitter; and
    (3) A date after which disclosure is expected, which shall be no 
less than 10 working days from the date of the letter providing 
notification to the submitter by the FOIA Office (Sec. 1206.601).
    (c) The FOIA office will provide notification regarding a FOIA 
lawsuit:
    (1) To a submitter, when a requester brings suit seeking to compel 
disclosure of commercial information; or
    (2) To a requester, when a submitter brings suit against the Agency 
in order to prevent disclosure of commercial information.



                            Subpart G_Appeals



1206.700  How to submit an appeal.

    (a) A member of the public who has requested an Agency record in 
accordance with subpart C of this part, and who has received an initial 
determination which does not comply fully with the request, may appeal 
such an adverse initial determination to the Administrator, or, for 
records as specified in Sec. 1206.805, to the Inspector General within 
30 days from the date of the initial determination letter.
    (b) The appeal must:
    (1) Be in writing;
    (2) Be addressed to the Administrator, NASA Headquarters, Executive 
Secretariat, Washington, DC 20546, or, for records as specified in 
Sec. 1206.805, to the Inspector General, NASA Headquarters, Washington, 
DC 20546;
    (3) Be identified clearly on the envelope and in the letter as an 
``Appeal under the Freedom of Information Act;''
    (4) Include a copy of the initial request for the Agency record and 
a copy of the adverse initial determination along with any other 
correspondence with the FOIA office;
    (5) To the extent possible, state the reasons the adverse initial 
determination should be reversed; and
    (6) Be sent to the Administrator or the Inspector General, as 
appropriate, within 30 days of the date of the initial determination.
    (c) An official authorized to make a final determination may waive 
any of the requirements of paragraph (b) of this section, in which case 
the time

[[Page 62]]

limit for the final determination (see Sec. 1206.701(a)) shall run from 
the date of such waiver.



Sec. 1206.701  Actions on appeals.

    (a) Except as provided in Sec. 1206.403, the Administrator or 
designee, or in the case of records as specified in Sec. 1206.805, the 
Inspector General or designee, shall make a final determination on an 
appeal and notify the appellant thereof, within 20 working days after 
the receipt of the appeal by the Administrator's Office.
    (b) In ``unusual circumstances'' as defined in Sec. 1206.403, the 
time limit for a final determination may be extended, but not to exceed 
a total of 10 working days in the aggregate in the processing of any 
specific appeal for an Agency record. The extension must be taken before 
the expiration of the 20 working day time limit. The appellant will be 
notified in writing in accordance with Sec. 1206.403.
    (c) If processing time will exceed or is expected to exceed 30 
working days, the appellant will be notified of the delay in processing 
and the reason for the delay.
    (d) If the final determination reverses in whole or in part the 
initial determination, the record requested (or portions thereof) shall 
be made available promptly to the requester, as provided in the final 
determination.
    (e) If a reversal in whole or in part of the initial determination 
requires additional document search or production, associated fees will 
be applicable in accordance with fee guidance in this regulation.
    (f) If the final determination sustains in whole or in part an 
adverse initial determination, the notification of the final 
determination shall:
    (1) Explain the basis on which the record (or portions thereof) will 
not be made available;
    (2) Include the name and title of the person making the final 
determination;
    (3) Include a statement that the final determination is subject to 
judicial review under 5 U.S.C. 552(a)(4);
    (4) Provide a statement regarding the mediation services of the 
Office of Government Information Services (OGIS) as a non-exclusive 
alternative to litigation; and
    (5) Enclose a copy of 5 U.S.C. 552(a)(4).
    (g) Before seeking a review by a court of a FOIA office's adverse 
initial determination, a requester must generally submit a timely 
administrative appeal in accordance with this part.



Sec. 1206.702  Litigation.

    In any instance in which a requester brings suit concerning a 
request for an Agency record under this part, the matter shall promptly 
be referred to the General Counsel with a report on the details and 
status of the request.



                       Subpart H_Responsibilities



Sec. 1206.800  Delegation of authority.

    Authority necessary to carry out the responsibilities specified in 
this subpart is delegated from the Administrator to the officials named 
in this subpart.



Sec. 1206.801  Chief FOIA Officer.

    (a) The Associate Administrator, Office of Communications, is 
designated as the Chief FOIA Officer for the Agency. The Chief FOIA 
Officer is delegated authority for administering the FOIA and all 
related laws and regulations within the Agency. The Associate 
Administrator has delegated the day-to-day oversight of the Agency FOIA 
Program to the Deputy Associate Administrator for Communications.
    (b) The Deputy Associate Administrator for Communications has 
delegated the overall responsibility for developing and administering 
the FOIA program within NASA to the Principal Agency FOIA Officer, 
located in the Office of Communications. This includes:
    (1) Developing regulations, guidelines, procedures, and standards 
for the Agency's FOIA program;
    (2) Overseeing all FOIA offices and programs and ensuring they are 
in compliance with FOIA laws and regulations;
    (3) Ensuring implementation of the FOIA Programs throughout the 
Agency and keeping the Chief FOIA Officer and the Deputy Associate 
Administrator for Communications informed of the Agency's FOIA 
performance;
    (4) Providing program oversight, technical assistance, and training 
to

[[Page 63]]

employees to ensure compliance with the Act;
    (5) Preparing the Agency's FOIA Annual Report to the Department of 
Justice (DOJ) and Congress, as well as the Chief FOIA Officer's Report;
    (6) Preparing all other reports as required to DOJ/Congress or 
within the Agency;
    (7) Developing, conducting, and reviewing all internal Agency FOIA 
training for NASA FOIA staff;
    (8) Directly supervising the Headquarters FOIA Office.
    (c) The Chief FOIA Officer is responsible for ensuring NASA has 
appointed a FOIA Public Liaison, who is responsible for assisting in 
reducing delays, increasing transparency and understanding of the status 
of requests, and assisting in the resolution of disputes at each Center 
or Component.



Sec. 1206.802  General Counsel.

    The General Counsel is responsible for the interpretation of 5 
U.S.C. 552 and of this part, as well as providing legal guidance with 
regard to disclosure of Agency records. The General Counsel is also 
responsible for the handling of appeals and litigation in connection 
with a request for an Agency record under this part.



Sec. 1206.803  NASA Headquarters.

    Except as otherwise provided under this subpart, the Deputy 
Associate Administrator for Communications is responsible for the 
following:
    (a) Delegating the authority for direct oversight of the 
Headquarters FOIA Office to the Principal Agency FOIA Officer.
    (b) When denying records in whole or in part, ensuring the 
Headquarters FOIA Office consults with the General Counsel charged with 
providing legal advice to Headquarters before releasing an initial 
determination under Sec. 1206.307.



Sec. 1206.804  NASA Centers and Components.

    Except as otherwise provided in this subpart, in coordination with 
the Deputy Associate Administrator for Communications, the Director of 
each NASA Center or the Official-in-Charge of each Center, is 
responsible for ensuring the following:
    (a) The Director of Public Affairs or the Head of the Public Affairs 
Office at the Center has delegated authority to process all FOIA 
requests at their respective Center.
    (b) This delegated authority has further been delegated to the FOIA 
Officer at their Center or in the absence of a FOIA Officer, the FOIA 
Specialist, both of whom must report to and be supervised by their 
Director of Public Affairs or the Head of the Public Affairs Office.
    (c) When denying records in whole or in part, the FOIA Officer at 
the Center will consult with the Chief Counsel or the Counsel charged 
with providing legal advice to that FOIA office before releasing an 
initial determination under Sec. 1206.307.



Sec. 1206.805  Inspector General.

    (a) The Inspector General or designee is responsible for making 
final determinations under Sec. 1206.701, within the time limits 
specified in subpart G of this part, concerning audit, inspection and 
investigative records originating in the Office of the Inspector General 
records from outside the Government related to an audit, inspection or 
investigation, records prepared in response to a request from or 
addressed to the Office of the Inspector General, or other records 
originating within the Office of the Inspector General, after 
consultation with the General Counsel or designee on an appeal of an 
initial determination to the Inspector General.
    (b) The Assistant Inspectors General or their designees are 
responsible for making initial determinations under subpart C concerning 
Office of Inspector General records originating in the Office of the 
Inspector General, records from outside the Government related to Office 
of Inspector General records prepared in response to a request from or 
addressed to the Office of the Inspector General, or other records 
originating with the Office of the Inspector General, after consultation 
with the Counsel to the Inspector General or designee.

[[Page 64]]

    (c) The Inspector General or designee is responsible for ensuring 
that requests for Agency records as specified in paragraphs (a) and (b) 
of this section are processed and initial determinations are made within 
the time limits specified in subpart D of this part.
    (d) The Inspector General or designee is responsible for determining 
whether unusual circumstances exist under Sec. 1206.403 that would 
justify extending the time limit for an initial or final determination, 
for records as specified in paragraphs (a) and (b) of this section.
    (e) Records as specified in paragraphs (a) and (b) of this section 
include any records located at Regional and field Inspector General 
Offices, as well as records located at the Headquarters Office of the 
Inspector General.



     Subpart I_Location for Inspection and Request of Agency Records



Sec. 1206.900  FOIA offices and electronic libraries.

    (a) NASA Headquarters and each NASA Center have a FOIA Electronic 
Library on the Internet. The Electronic library addresses are located on 
the NASA FOIA homepage http://www.hq.nasa.gov/office/pao/FOIA/agency/
    (b) In addition, a requester may submit a FOIA request 
electronically. The addresses are located on the NASA FOIA homepage 
under each Center link.



PART 1207_STANDARDS OF CONDUCT--Table of Contents



                      Subpart A_General Provisions

Sec.
1207.101  Cross-references to ethical conduct, financial disclosure, and 
          other applicable regulations.
1207.102  Waiver of prohibition in 18 U.S.C. 208.
1207.103  Designations of responsible officials.

                  Subpart B_Post-Employment Regulations

1207.201  Scope of subpart.
1207.202  Exemption for scientific and technological communications.

    Authority: 5 U.S.C. 7301; 18 U.S.C. 207-208; 42 U.S.C. 2473(c)(1); 5 
CFR 2635.102(b); 5 CFR part 2637; 5 CFR part 2640.

    Source: 52 FR 22755, June 16, 1987, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 1207.101  Cross-references to ethical conduct, financial disclosure,
and other applicable regulations.

    Employees of the National Aeronautics and Space Administration 
(NASA) should refer to the executive branch-wide Standards of Ethnical 
Conduct at 5 CFR part 2635, the NASA regulation at 5 CFR part 6901 which 
supplements the executive branch-wide standards with respect to 
prohibitions and prior approval requirements applicable to certain 
outside employment activities, the Office of Personnel Management 
provisions on employee responsibilities and conduct at 5 CFR part 735, 
and the executive branch-wide financial disclosure regulation at 5 CFR 
part 2634.

[59 FR 49338, Sept. 28, 1994]



Sec. 1207.102  Waiver of prohibition in 18 U.S.C. 208.

    (a) Prohibition. Employees are prohibited by criminal statute, 18 
U.S.C. 208(a), from participating personally and substantially in an 
official capacity in any particular matter in which, to their knowledge, 
they, or any person whose interests are imputed to them under the 
statute, have a financial interest, if the particular matter will have a 
direct and predictable effect on that interest.
    (b) Specific waiver available. A NASA employee may request a waiver 
of this prohibition. NASA may grant a specific waiver of the prohibition 
only if the Agency determines that the employee's financial interest is 
not so substantial as to be deemed likely to affect the integrity of the 
employee's services. The waiver must be obtained before the employee 
participates in the matter.
    (c) Officials authorized to make waiver determinations. (1) For the 
employees listed below, waivers must be approved by the Administrator or 
Deputy Administrator. No further delegation is authorized.
    (i) Employees who are required by 5 CFR 2634.202 to file Public 
Financial Disclosure Reports;

[[Page 65]]

    (ii) Employees who are appointed under authority of section 
203(c)(2) (``NASA Excepted Positions'') or section 203(c)(10) (``Alien 
Scientists'') of the National Aeronautics and Space Act of 1958, as 
amended (42 U.S.C. 2473(c)(2) and 2473(c)(10));
    (iii) Astronauts and astronaut candidates;
    (iv) Chief Counsel; and
    (v) Procurement Officers.
    (2) For all other Headquarters employees, the Associate 
Administrator for Headquarters Operations may approve waivers of 18 
U.S.C. 208. This authority may not be redelegated.
    (3) For all other Center employees, the Center Director or Deputy 
Center Director may approve waivers of 18 U.S.C. 208. This authority may 
not be redelegated.
    (d) Procedures for specific waiver. The employee's request for a 
waiver must be in writing. The request must describe the particular 
matter involved, the relevant duties of the employee, and the exact 
nature and amount of the disqualifying financial interest.
    (1) Headquarters employees. (i) Those Headquarters employees 
described in paragraph (c)(1) of this section must submit their requests 
to the Official-in-Charge of the Headquarters office in which they are 
employed and to the General Counsel for concurrence. The Official-in-
Charge will then submit the request to the Administrator with 
recommendations on the proposed waiver.
    (ii) Other Headquarters employees must submit their requests to the 
Associate General Counsel (General) for concurrence, and to the 
Associate Administrator for Headquarters Operations for approval.
    (2) Center employees. (i) Those Center employees described in 
paragraph (c)(1) of this section must submit their requests to the 
Center Chief Counsel for concurrence and then to the Director of the 
Center where they are employed. The Center Director will provide the 
request, with recommendations, to the appropriate Enterprise Associate 
Administrator and to the General Counsel for review and submission to 
the Administrator.
    (ii) Other Center employees must submit their requests to the Center 
Chief Counsel for concurrence, and then to their Center Director or 
Deputy Center Director for approval.
    (3) Copies of approved waivers must be forwarded to the Associate 
Administrator for Human Resources and Education, the General Counsel, 
and the Office of Government Ethics.
    (e) Cross-references. For regulations concerning general waiver 
guidance and exemptions under 18 U.S.C. 208, see 5 CFR part 2640.

[66 FR 59137, Nov. 27, 2001]



Sec. 1207.103  Designations of responsible officials.

    (a) Designated Agency Ethics Official. The General Counsel of NASA 
is the Designated Agency Ethics Official and is delegated the authority 
to coordinate and manage NASA's ethics program as set forth in 5 CFR 
2638.203.
    (b) Alternate Designated Agency Ethics Official. The Associate 
General Counsel (General) is the Alternate Designated Agency Ethics 
Official.
    (c) Deputy Ethics Officials. The following officials are designated 
as Deputy Ethics Officials:
    (1) The Deputy General Counsel;
    (2) The Associate General Counsel (General);
    (3) The Senior Ethics Attorney assigned to the Associate General 
Counsel (General); and
    (4) The Chief Counsel at each NASA Center and Component Facility.
    (d) Agency Designee. As used in 5 CFR part 2635, the term ``Agency 
Designee'' refers to the following:
    (1) For employees at NASA Headquarters, or for matters affecting 
employees Agencywide, the Associate Deputy Administrator, the Designated 
Agency Ethics Official, the Alternate Designated Agency Ethics Official, 
or the Chief of Staff; and
    (2) For Center employees, the Center Director, who may delegate 
specific responsibilities of the Agency Designee to the Center Chief 
Counsel or to another official who reports directly to the Center 
Director.
    (e) Cross-references. For regulations on the appointment, 
responsibilities, and authority of the Designated Agency Ethics 
Official, Alternate Designated Agency Ethics Official, and Deputy Ethics 
Officials, see 5 CFR part

[[Page 66]]

2638. For the responsibilities of the Agency Designee, see 5 CFR part 
2635.

[66 FR 59138, Nov. 27, 2001]



                  Subpart B_Post-Employment Regulations

    Source: 54 FR 4003, Jan. 27, 1989; 55 FR 9250, Mar. 12, 1990, unless 
otherwise noted. Redesignated at 59 FR 49338, Sept. 28, 1994.



Sec. 1207.201  Scope of subpart.

    This subpart provides guidance to former NASA government employees 
who are subject to the restrictions of Title V of the Ethics of 
Government Act of 1978, as amended, and who want to communicate 
scientific or technical information to NASA.



Sec. 1207.202  Exemption for scientific and technological communications.

    (a) Whenever a former government employee who is subject to the 
constraints of post-employment conflict of interest, 18 U.S.C. 207, 
wishes to communicate with NASA under the exemption in section 207(j)(5) 
for the making of a communication solely for the purpose of furnishing 
scientific or technological information, he or she shall state to the 
NASA employee contracted, the following information:
    (1) That he or she is a former government employee subject to the 
post employment restrictions of 18 U.S.C. 207 (a), (c), or (d)--specify 
which;
    (2) That he or she worked on certain NASA programs--enumerate which; 
and
    (3) That the communication is solely for the purpose of furnishing 
scientific or technological information.
    (b) If the former government employee has questions as to whether 
the communication comes within the scientific and technological 
exemption, he or she should contact the General Counsel, the designated 
agency ethics official.

[54 FR 4003, Jan. 27, 1989; 55 FR 9250, Mar. 12, 1990. Redesignated and 
amended at 59 FR 49338, Sept. 28, 1994]



PART 1208_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents



    Authority: Sec. 213, Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42 
U.S.C. 4601) as amended by the Surface Transportation and Uniform 
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat. 
246-256 (42 U.S.C. 4601 note).



Sec. 1208.1  Uniform Relocation Assistance and Real Property Acquisition.

    Regulations and procedures for complying with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV 
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth 
in 24 CFR part 24.

[52 FR 48017, Dec. 17, 1987; 54 FR 8912, Mar. 2, 1989]



PART 1209_BOARDS AND COMMITTEES--Table of Contents



Subparts 1-2 [Reserved]

                   Subpart 3_Contract Adjustment Board

Sec.
1209.300  Scope.
1209.301  Authority.
1209.302  Establishment of Board.
1209.303  Functions of Board.
1209.304  Membership.
1209.305  Legal advice and assistance.

              Subpart 4_Inventions and Contributions Board

1209.400  Scope.
1209.401  Establishment.
1209.402  Responsibilities.
1209.403  Organizational location.
1209.404  Membership.
1209.405  Supporting services.

Subparts 1-2 [Reserved]

[[Page 67]]



                   Subpart 3_Contract Adjustment Board

    Authority: Pub. L. 85-804 and 51 U.S.C. 20113.

    Source: 51 FR 28924, Aug. 13, 1986, unless otherwise noted.



Sec. 1209.300  Scope.

    This subpart continues in effect the Contract Adjustment Board 
(hereinafter referred to as ``the Board'') to consider and dispose of 
requests for extraordinary contractual adjustments by contractors of the 
National Aeronautics and Space Administration (hereinafter referred to 
as NASA).



Sec. 1209.301  Authority.

    (a) The Act of August 28, 1958 (50 U.S.C. 1431-35) (hereinafter 
referred to as ``the Act''), empowers the President to authorize 
departments and agencies exercising functions in connection with the 
national defense to enter into contracts or into amendments or 
modifications of contracts and to make advance payments, without regard 
to other provisions of law relating to the making, performance, 
amendment, or modification of contracts, whenever the President deems 
that such action would facilitate the national defense.
    (b) Executive Order No. 10789, dated November 14, 1958 (23 FR 8897), 
authorizes the Administrator, NASA, to exercise the authority conferred 
by the Act and to prescribe regulations for the carrying out of such 
authority.
    (c) Federal Acquisition Regulation (FAR), part 50, April 1, 1985, 
and NASA/FAR Supplement 84-2, part 18-50, October 19, 1984, establishes 
standards and procedures for the disposition of requests for 
extraordinary contractual adjustments by NASA contractors.



Sec. 1209.302  Establishment of Board.

    The Board was established on May 15, 1961, and is continued in 
effect by this regulation.

[51 FR 28924, Aug. 13, 1986, as amended at 78 FR 20423, Apr. 5, 2013]



Sec. 1209.303  Functions of Board.

    (a) The Board is authorized to act for and exercise the authority of 
the Administrator in cases involving request by NASA contractors for 
extraordinary contractual adjustments under the Act. Such authority will 
be exercised in accordance with the standards and procedures established 
by the Administrator, subject to such limitations as the Administrator 
may prescribe.
    (b) The Board shall have the power to approve, authorize or direct 
any action, including the modification or release of any obligations, 
and to make determinations and findings which are necessary or 
appropriate for the conduct of its functions, and may adopt such rules 
of procedure as it considers desirable.
    (c) The concurring vote of a majority of the total Board membership 
shall constitute an action of the Board. Decisions of the Board shall be 
final but the Board may reconsider and modify, correct or reverse any 
Board decision previously made.



Sec. 1209.304  Membership.

    The Board will consist of a chairperson and four other members, all 
of whom shall be appointed by the Administrator.



Sec. 1209.305  Legal advice and assistance.

    The General Counsel of NASA shall provide the Board with all 
necessary advice and assistance.



              Subpart 4_Inventions and Contributions Board

    Authority: 51 U.S.C. 20135(g) and 20136.

    Source: 51 FR 3945, Jan. 31, 1986, unless otherwise noted.



Sec. 1209.400  Scope.

    This subpart describes the functions, authority, and membership of 
the NASA Inventions and Contributions Board (hereafter referred to as 
``the Board'').



Sec. 1209.401  Establishment.

    Pursuant to the authority of the National Aeronautics and Space Act 
of 1958 as amended (42 U.S.C. 2457(f) and 2458) and the Government 
Employees Incentive Awards Act of 1954 (5 U.S.C. 4501-6), the Board was 
established on December 4, 1958, and is further continued in effect by 
this subpart 4.

[[Page 68]]



Sec. 1209.402  Responsibilities.

    (a) Waiver of rights in inventions. Under the authority of 51 U.S.C. 
20135(g) and pursuant to 14 CFR part 1245 subpart 1, the Board will 
receive and evaluate petitions for waiver of rights of the United States 
to inventions, accord each interested party an opportunity for a 
hearing, and transmit to the Administrator its findings of fact as to 
such petitions and its recommendations for action to be taken with 
respect thereto.
    (b) Monetary awards for scientific and technical contributions. (1) 
Under the authority of 51 U.S.C. 20136 and pursuant to 14 CFR part 1240, 
the Board will receive and evaluate each application for award for any 
scientific or technical contribution to the Administration which is 
determined to have significant value in the conduct of aeronautical and 
space activities, will accord each applicant an opportunity for a 
hearing upon such application, and will then transmit to the 
Administrator its recommendation as to the amount of the monetary award 
and the terms of the award, if any, to be made for such contribution.
    (2) If the contribution is made by a Government employee, the Board 
is also authorized to consider such contribution for award under the 
Incentive Awards Program and to make an award, if any, on its own 
cognizance, up to the amount of $10,000, in accordance with NASA 
supplements to Chapter 451 of the Federal Personnel Manual covering this 
subject.

[76 FR 44462, July 26, 2011]



Sec. 1209.403  Organizational location.

    The Board shall be established within an office or department of 
NASA as designated by the Administrator.

[76 FR 44462, July 26, 2011]



Sec. 1209.404  Membership.

    (a) The Board will consist of a full-time Chairperson and at least 
six members appointed by the Administrator from within NASA. One of the 
members will be designated by the Chairperson as Vice-Chairperson. The 
Chairperson is responsible directly to the Administrator.
    (b) The Chairperson of the Board is appointed for an unlimited 
period. All other Board members normally will be appointed initially for 
a period of 3 years. The Chairperson is authorized to extend the initial 
appointment of any Board member for an additional period of service. If 
a member resigns or is otherwise unable to participate in the Board's 
activities, a replacement may be appointed for the remainder of the 
uncompleted term and, with the approval of the Chairperson, may be 
appointed for a full 3-year term upon the expiration of the original 
term. This procedure will provide the Board with a continual infusion of 
new members with a variety of professional backgrounds and interests. 
Duties performed by the members of the Board will be in addition to 
their regular duties.
    (c) The Chairperson is authorized to:
    (1) Assemble the Board as required to discharge the duties and 
responsibilities of the Board;
    (2) Establish such panels as may be considered necessary to 
discharge the responsibilities and perform the functions of the Board; 
and
    (3) Issue implementing rules and procedures, and take such other 
actions as are necessary to perform the Board's functions.



Sec. 1209.405  Supporting services.

    (a) The staff of the Board is established to assist the Board in 
discharging its functions and responsibilities. The staff will:
    (1) Prepare analyses of petitions for waiver of rights to inventions 
for the consideration of the Board;
    (2) Prepare evaluation of proposed awards;
    (3) Document Board actions; and
    (4) Perform such other functions as may be required.
    (b) A full-time director of the staff will serve as a nonvoting 
member of the Board, and will direct the activities of the staff of the 
Board.
    (c) The director of the staff of the Board will report to the 
Chairperson of the Board.

                       PARTS 1210	1211 [RESERVED]

[[Page 69]]



PART 1212_PRIVACY ACT_NASA REGULATIONS--Table of Contents



                       Subpart 1212.1_Basic Policy

Sec.
1212.100  Scope and purpose.
1212.101  Definitions.

              Subpart 1212.2_Requests for Access to Records

1212.200  Procedures for requesting records subject to the Privacy Act.
1212.201  Requesting a record.
1212.202  Identification procedures.
1212.203  Disclosures.
1212.204  Fees.
1212.205  Exceptions to individuals' rights of access.

            Subpart 1212.3_Amendments to Privacy Act Records

1212.300  Requesting amendment.
1212.301  Processing the request to amend.
1212.302  Granting the request to amend.

               Subpart 1212.4_Appeals and Related Matters

1212.400  Appeals.
1212.401  Filing statements of dispute.
1212.402  Disclosure to third parties of disputed records.

       Subpart 1212.5_Exemptions to Individuals' Rights of Access

1212.500  Exemptions under 5 U.S.C. 552a (j) and (k).
1212.501  Record systems determined to be exempt.

             Subpart 1212.6_Instructions for NASA Employees

1212.600  General policy.
1212.601  Maintenance and publication requirements for systems of 
          records.
1212.602  Requirements for collecting information.
1212.603  Mailing lists.
1212.604  Social security numbers.
1212.605  Safeguarding information in systems of records.
1212.606  Duplicate copies of records or portions of records.

           Subpart 1212.7_NASA Authority and Responsibilities

1212.700  NASA employees.
1212.701  Associate Deputy Administrator.
1212.702  The Inspector General.
1212.703  NASA Chief Information Officer.
1212.704  Headquarters and Field Centers or Component Facilities.
1212.705  System manager.
1212.706  Assistant Administrator for Procurement.
1212.707  Delegation of authority.

     Subpart 1212.8_Failure To Comply With Requirements of This Part

1212.800  Civil remedies.
1212.801  Criminal penalties.

    Authority: The National Aeronautics and Space Act, as amended, 51 
U.S.C. 20101 et seq.; the Privacy Act of 1974, as amended, 88 Stat. 
1896, 5 U.S.C. 552a.

    Source: 57 FR 4928, Feb. 11, 1992, unless otherwise noted.



                       Subpart 1212.1_Basic Policy



Sec. 1212.100  Scope and purpose.

    This part 1212 implements the Privacy Act of 1974, as amended (5 
U.S.C. 552a). It establishes procedures for individuals to access their 
Privacy Act records and to request amendment of information in records 
concerning them. It also provides procedures for administrative appeals 
and other remedies. This part applies to systems of records located at 
or under the cognizance of NASA Headquarters, NASA Field Centers, and 
NASA Component Installations, as defined in part 1201 of this chapter.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.101  Definitions.

    For the purposes of this part, the following definitions shall apply 
in addition to definitions contained in the Privacy Act of 1974, as 
amended (5 U.S.C. 552a):
    (a) The term individual means a living person who is either a 
citizen of the United States or an alien lawfully admitted for permanent 
residence.
    (b) The term maintain includes maintain, collect, use or 
disseminate.
    (c) The term record means any item, collection, or grouping of 
information about an individual including, but not limited to, 
education, financial transactions, medical history, and criminal or 
employment history, and that contains a name, or the identifying number, 
symbol, or other identifying particular assigned to the individual, such

[[Page 70]]

as a finger or voice print or a photograph.
    (d) The term system of records means a group of any records from 
which information is retrieved by the name of the individual or by some 
identifying number, symbol or other identifying particular assigned to 
the individual.
    (e) The term system manager means the NASA official who is 
responsible for a system of records as designated in the system notice 
of that system of records published in the Federal Register. When a 
system of records includes portions located at more than one NASA 
Center, the term system manager includes any subsystem manager 
designated in the system notice as being responsible for that portion of 
the system of records located at the respective Center.
    (f) The term systems notice means, with respect to a system of 
records the publication of information in the Federal Register upon 
establishment or revision of the existence and character of the system 
of records. The notice shall include that information as required by 5 
U.S.C. 552a(e)(4).
    (g) The term routine use means, with respect to the disclosure of a 
record, the use of the record for a purpose which is compatible with the 
purpose for which it was collected.
    (h) The term NASA employee or NASA official, particularly for the 
purpose of Sec. 1212.203(g) relates to the disclosure of a record to 
those who have a need for the record in the performance of their 
official duties, includes employees of a NASA contractor which operates 
or maintains a NASA system of records for or on behalf of NASA.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



              Subpart 1212.2_Requests for Access to Records



Sec. 1212.200  Procedures for requesting records subject to the Privacy Act.

    The procedures outlined in this subpart 1212.2 apply to the 
following types of requests made by individuals under the Privacy Act 
concerning records about themselves:
    (a) To determine if information on the requester is included in a 
system of records;
    (b) For access to a record under 5 U.S.C. 552a(d)(1); and
    (c) For an accounting of disclosures of the individual's Privacy Act 
records under 5 U.S.C. 552a(c)(3).

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.201  Requesting a record.

    (a) Individuals may request access to their Privacy Act records, 
either in person or in writing.
    (b) Individuals may also authorize a third party to have access to 
their Privacy Act records. This authorization shall be in writing, 
signed by the individual and contain the individual's address as well as 
the name and address of the representative being authorized access. The 
identities of both the subject individual and the representative must be 
verified in accordance with the procedures set forth in Sec. 1212.202 of 
this part.
    (c)(1) Requests must be directed to the appropriate system manager, 
or, if unknown, to the Center Privacy Manager or Freedom of Information 
Act (FOIA) Office at NASA Headquarters or Field Center. The request 
should be identified clearly on the envelope and on the letter as a 
``Request Under the Privacy Act.''
    (2) Where possible, requests should contain the following 
information to ensure timely processing:
    (i) Name and address of subject.
    (ii) Identity of the system of records.
    (iii) Nature of the request.
    (iv) Identifying information specified in the applicable system 
notice to assist in identifying the request, such as location of the 
record, if known, full name, birth date, time periods in which the 
records are believed to have been compiled, etc.
    (d) NASA has no obligation to comply with a nonspecific request for 
access to information concerning an individual, e.g., a request to 
provide copies of ``all information contained in your files concerning 
me,'' although a good faith effort will be made to locate records if 
there is reason to believe NASA has records on the individual. If the 
request is so incomplete or incomprehensible that the requested record

[[Page 71]]

cannot be identified, additional information or clarification will be 
requested in the acknowledgement, and assistance to the individual will 
be offered as appropriate.
    (e) If the Center Privacy Manager receives a request for access, the 
Privacy Manager will record the date of receipt and immediately forward 
the request to the responsible system manager for handling.
    (f) If the Center FOIA Office receives a first party request for 
records or access, the FOIA Office will process the request under the 
Privacy Act pursuant to this part.
    (g) Normally, the system manager shall respond to a request for 
access within 10 work days of receipt of the request and the access 
shall be provided within 30 work days of receipt.
    (1) In response to a request for access, the system manager shall:
    (i) Notify the requester that there is no record on the individual 
in the system of records and inform the requester of the procedures to 
follow for appeal (See Sec. 1212.4);
    (ii) Notify the requester that the record is exempt from disclosure, 
cite the appropriate exemption, and inform the requester of the 
procedures to follow for appeal (See Sec. 1212.4);
    (iii) Upon request, promptly provide copies of the record, subject 
to the fee requirements (Sec. 1212.204); or
    (iv) Make the individual's record available for personal inspection 
in the presence of a NASA representative.
    (2) Unless the system manager agrees to another location, personal 
inspection of the record shall be at the location of the record as 
identified in the system notice.
    (3) When an individual requests records in a system of records 
maintained on a third party, the request shall be processed as a Freedom 
of Information Act (FOIA) request under 14 CFR part 1206. If the records 
requested are subject to release under FOIA (5 U.S.C. 552(b)), then a 
Privacy Act exemption may not be invoked to deny access.
    (4) When an individual requests records in a system of records 
maintained on the individual, the request shall be processed under this 
part. NASA will not rely on exemptions contained in FOIA to withhold any 
record which is otherwise accessible to the individual under this part.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012; 78 
FR 8963, Feb. 7, 2013]



Sec. 1212.202  Identification procedures.

    (a) The system manager will release records to the requester or 
representative in person only upon production of satisfactory 
identification which includes the individual's name, signature, and 
photograph or physical description.
    (b) The system manager will release copies of records by mail only 
when the circumstances indicate that the requester and the subject of 
the record are the same. The system manager may require that the 
requester's signature be notarized or witnessed by two individuals 
unrelated to the requester.
    (c) Identity procedures more stringent than those required in this 
section may be prescribed in the system notice when the records are 
medical or otherwise sensitive.



Sec. 1212.203  Disclosures.

    (a) The system manager shall keep a disclosure accounting for each 
disclosure to a third party of a record from a system of records. This 
includes records disclosed pursuant to computer matching programs.
    (b) Disclosure accountings are not required but are recommended for 
disclosures made:
    (1) With the subject individual's consent; or
    (2) In accordance with Sec. 1212.203(f) (1) and (2), below.
    (c) The disclosure accounting required by paragraph (a) of this 
section shall include:
    (1) The date, nature, and purpose of the disclosure; and
    (2) The name and address of the recipient person or Agency.
    (d) The disclosure accounting shall be retained for at least 5 years 
after the disclosure or for the life of the record, whichever is longer.
    (e) The disclosure accounting maintained under the requirements of 
this section is not itself a system of records.
    (f) Records in a NASA system of records may not be disclosed to 
third

[[Page 72]]

parties without the consent of the subject individual. However, in 
consonance with 5 U.S.C. 552a(b), disclosure may be authorized without 
consent, if disclosure would be:
    (1) To an officer or employee of NASA who has a need for the record 
in the performance of official duties;
    (2) Required under the Freedom of Information Act (5 U.S.C. 552) and 
part 1206 of this chapter;
    (3) For a routine use described in the system notice for the system 
of records;
    (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
Title 13, U.S. Code;
    (5) To a recipient who has provided NASA with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (6) To the National Archives and Records Administration as a record 
which has sufficient historical or other value to warrant its continued 
preservation by the United States Government or for evaluation by the 
Archivist of the United States or the Archivist's designee to determine 
whether the record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity, if the activity is 
authorized by law and if the head of the agency or instrumentality has 
made a written request to NASA specifying the particular portion desired 
and the law enforcement activity for which the record is sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (9) To either House of Congress or, to the extent the matter is 
within its jurisdiction, any committee or subcommittee, or any joint 
committee of Congress or subcommittee of any such joint committee;
    (10) To the Comptroller General, or any of the Comptroller's 
authorized representative(s), in the course of the performance of the 
duties of the General Accounting Office;
    (11) Pursuant to the order of a court of competent jurisdiction; or
    (12) To a consumer reporting agency in accordance with section 
3711(f) of Title 31.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.204  Fees.

    (a) Fees will not be charged for:
    (1) Search for a retrieval of the requesting individual's records;
    (2) Review of the records;
    (3) Making a copy of a record when it is a necessary part of the 
process of making the record available for review;
    (4) Transportation of the record(s);
    (5) Making a copy of an amended record to provide evidence of the 
amendment; or
    (6) Copies of records if this is determined to be in the best 
interest of the Government.
    (b) Fees for the duplication of records will be assessed in 
accordance with Sec. 1206.700(a) of this chapter.
    (c) Where it appears that duplication fees chargeable under this 
section will exceed $25, the requester shall be provided an estimate of 
the fees before copies are made. Where possible, the requester will be 
afforded the opportunity to confer with Agency personnel in a manner 
which will reduce the fees, yet still meet the needs of the requester.
    (d) Where the anticipated fee chargeable under this section exceeds 
$25, an advance deposit of part or all of the anticipated fee may be 
required.



Sec. 1212.205  Exceptions to individual's rights of access.

    (a) The NASA Administrator has determined that the systems of 
records set forth in Sec. 1212.501 are exempt from disclosure to the 
extent provided therein.
    (b) Medical records. Normally, an individual's medical record shall 
be disclosed to the individual, unless the system manages, in 
consultation with a medical doctor, determines that access

[[Page 73]]

to the record could have an adverse effect upon the individual. In this 
case, NASA shall allow access to the record by a medical doctor 
designated in writing by the requesting individual.
    (c) Test and qualification materials. Testing or examination 
material used solely to determine individual qualifications for 
appointment or promotion in the Federal service the disclosure of which 
would compromise the objectivity or fairness of the testing or 
examination process and copies of certificates of eligibles and other 
lists of eligibles, the disclosure of which is proscribed by 5 CFR 
300.201, shall be removed from an individual's record containing such 
information before granting access.
    (d) Information compiled for civil actions or proceedings. Nothing 
in this part shall allow an individual access to any information 
compiled in reasonable anticipation of a civil action or proceeding.



            Subpart 1212.3_Amendments to Privacy Act Records



Sec. 1212.300  Requesting amendment.

    Individuals may request that NASA amend their records maintained in 
a NASA system of records under the provisions of 5 U.S.C. 552a(d)(2). 
This request shall be in writing, addressed to the appropriate system 
manager, and shall contain the following:
    (a) A notation on the envelope and on the letter that it is a 
``Request for Amendment of Individual Record under the Privacy Act;''
    (b) The name of the system of records;
    (c) Any information necessary to retrieve the record, as specified 
in the system notice for the system of records (See 
Sec. 1212.201(c)(2));
    (d) A description of that information in the record which is alleged 
to be inaccurate, irrelevant, untimely, or incomplete; and,
    (e) Any documentary evidence or material available to support the 
request.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.301  Processing the request to amend.

    (a) Within 10 work days of receipt by NASA of a request to amend a 
record, the system manager shall provide the requester with a written 
determination or acknowledgement advising when action may be taken.
    (b) When necessary, NASA may utilize up to 30 work days after 
receipt to provide the determination on a request to amend a record.
    (c) If the request for amendment is denied, the determination shall 
explain the reasons for the denial and inform the requester of the 
procedures to follow for appeal (See Sec. 1212.4)).



Sec. 1212.302  Granting the request to amend.

    NASA shall make the requested amendment clearly on the record itself 
and all information deemed to be inaccurate, irrelevant, or untimely 
shall be deleted and destroyed. Incomplete information shall either be 
amended or deleted and destroyed. The individual shall then be informed 
in writing that the amendment has been made. If the inaccurate, 
irrelevant, untimely, or incomplete portion of the record has previously 
been disclosed, then the system manager shall notify those persons or 
agencies of the amended information, referencing the prior disclosures 
(See Sec. 1212.402).



               Subpart 1212.4_Appeals and Related Matters



Sec. 1212.400  Appeals.

    (a) Individuals may appeal when they:
    (1) Have requested amendment of a record and have received an 
adverse initial determination;
    (2) Have been denied access to a record; or,
    (3) Have not been granted access within 30 work days of their 
request.
    (b) The Associate Deputy Administrator or designee is responsible 
for making final determinations of appeals as specified in paragraphs 
(a)(1) through (3) of this section for all Agency records, with the 
exception of those records originating in the Office of the

[[Page 74]]

Inspector General for which the Inspector General is responsible for 
making final determinations of appeals.
    (c) An appeal shall:
    (1) Be in writing and addressed to the Associate Deputy 
Administrator, NASA, Washington, DC 20546 or to the Inspector General, 
NASA Headquarters, Washington, DC 20546, for records as specified in 
paragraph (b) of this section;
    (2) Be identified clearly on the envelope and in the letter as an 
``Appeal under the Privacy Act;''
    (3) Include a copy of any pertinent documents; and
    (4) State the reasons for the appeal.
    (d) Appeals from adverse initial determinations or denials of access 
must be submitted within 30 work days of the date of the requester's 
receipt of the initial determination. Appeals involving failure to grant 
access may be submitted any time after the 30 work day period has 
expired (See Sec. 1212.201(f)).
    (e) A final determination on an appeal shall be made within 30 work 
days after its receipt by the Associate Deputy Administrator or 
Inspector General for appeals concerning records originating in the 
Office of the Inspector General, unless, for good cause shown, the 
Associate Deputy Administrator or Inspector General extends such 30 work 
day period. Prior to the expiration of the 30 work day period, the 
requester shall be notified of any such extension.
    (f) If a denial of a request to amend a record is upheld, the final 
determination shall:
    (1) Explain the basis for the detail;
    (2) Include information as to how the requester goes about filing a 
statement of dispute under the procedures of Sec. 1212.401; and,
    (3) Include a statement that the final determination is subject to 
judicial review under 5 U.S.C. 552a(g).

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.401  Filing statements of dispute.

    (a) A statement of dispute shall:
    (1) Be in writing;
    (2) Set forth reasons for the individual's disagreement with NASA's 
refusal to amend the record;
    (3) Be concise;
    (4) Be addressed to the system manager; and,
    (5) Be identified on the envelope and in the letter as a ``Statement 
of Dispute under the Privacy Act.''
    (b) The system manager shall prepare an addendum to the statement 
explaining the basis for NASA's refusal to amend the disputed record. A 
copy of the addendum shall be provided to the individual.
    (c) The system manager shall ensure that the statement of dispute 
and addendum are either filed with the disputed record or that a 
notation appears in the record clearly referencing the statement of 
dispute and addendum so that they may be readily retrieved.



Sec. 1212.402  Disclosure to third parties of disputed records.

    (a) The system manager shall promptly provide persons or agencies to 
whom the disputed portion of a record was previously disclosed and for 
which an accounting of the disclosure exists under the requirements of 
Sec. 1212.203 of this part, with a copy of the statement of dispute and 
addendum, along with a statement referencing the prior disclosure. The 
subject individual shall be notified as to those individuals or agencies 
which are provided with the statement of dispute and addendum.
    (b) Any subsequent disclosure of a disputed record shall clearly 
note the portion of the record which is disputed and shall be 
accompanied by a copy of the statement of dispute and addendum.



       Subpart 1212.5_Exemptions to Individuals' Rights of Access



Sec. 1212.500  Exemptions under 5 U.S.C. 552a (j) and (k).

    (a) These provisions authorize the Administrator of NASA to exempt 
certain NASA Privacy Act systems of records from portions of the 
requirements of this regulation.
    (b) The Administrator has delegated this authority to the Associate 
Deputy Administrator (See Sec. 1212.701).

[[Page 75]]

    (c) For those NASA systems of records that are determined to be 
exempt, the system notice shall describe the exemption and the reasons.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.501  Record systems determined to be exempt.

    The Administrator has determined that the following systems of 
records are exempt to the extent provided hereinafter.
    (a) Inspector General Investigations Case Files--(1) Sections of the 
Act from which exempted. (i) The Inspector General Investigations Case 
Files system of records is exempt from all sections of the Privacy Act 
(5 U.S.C. 552a) except the following sections: (b) relating to 
conditions of disclosure; (c) (1) and (2) relating to keeping and 
maintaining a disclosure accounting; (e)(4) (A) through (F) relating to 
publishing a system notice setting forth name, location, categories of 
individuals and records, routine uses, and policies regarding storage, 
retrievability, access controls, retention and disposal of the records; 
(e) (6), (7), (9), (10), and (11) relating to dissemination and 
maintenance of records, and (i) relating to criminal penalties. This 
exemption applies to those records and information contained in the 
system of records pertaining to the enforcement of criminal laws.
    (ii) To the extent that noncriminal investigative files may exist 
within this system of records, the Inspector General Investigations Case 
Files system of records is exempt from the following sections of the 
Privacy Act (5 U.S.C. 552a): (c)(3) relating to access to the disclosure 
accounting, (d) relating to access to records, (e)(1) relating to the 
type of information maintained in the records; (e)(4) (G), (H), and (I) 
relating to publishing the system notice information as to agency 
procedures for access and amendment and information as to the categories 
of sources or records, and (f) relating to developing agency rules for 
gaining access and making corrections.
    (2) Reason for exemptions. (i) The Office of Inspector General is an 
office of NASA, a component of which performs as its principal function 
activity pertaining to the enforcement of criminal laws, within the 
meaning of 5 U.S.C. 552a(j)(2). This exemption applies only to those 
records and information contained in the system of records pertaining to 
criminal investigations. This system of records is exempt for one or 
more of the following reasons:
    (A) To prevent interference with law enforcement proceedings.
    (B) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigation, investigators, and witnesses.
    (C) To protect the identity of Federal employees who furnish a 
complaint or information to the OIG, consistent with section 7(b) of the 
Inspector General Act of 1978, as amended, 5 U.S.C. App.
    (D) To protect the confidentiality of non-Federal employee sources 
of information.
    (E) To assure access to sources of confidential information, 
including that contained in Federal, State, and local criminal law 
enforcement information systems.
    (F) To prevent disclosure of law enforcement techniques and 
procedures.
    (G) To avoid endangering the life or physical safety of confidential 
sources and law enforcement personnel.
    (ii) Investigative records within this system of records which are 
compiled for law enforcement purposes, other than material within the 
scope of subsection (j)(2), are exempt under the provisions of 5 U.S.C. 
552a(k)(2): Provided, however, That if any individual is denied any 
right, privilege, or benefit that they would otherwise be entitled by 
Federal law, or for which they would otherwise be eligible, as a result 
of the maintenance of such material, such material shall be provided to 
such individual, except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished information 
to the Government under an express promise that the identity of the 
source would be held in confidence, or, prior to January 1, 1975, under 
an implied promise that the identity of the sources would be held in 
confidence. This system of records is exempt for one or more of the 
following reasons:

[[Page 76]]

    (A) To prevent interference with law enforcement proceedings.
    (B) To protect investigatory material compiled for law enforcement 
purposes.
    (C) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigation, law enforcement personnel, and sources of information.
    (D) To fulfill commitments made to protect the confidentiality of 
sources.
    (E) To protect the identity of Federal employees who furnish a 
complaint or information to the OIG, consistent with section 7(b) of the 
Inspector General Act of 1978, as amended, 5 U.S.C. App.
    (F) To assure access to sources of confidential information, 
including that contained in Federal, State, and local criminal law 
enforcement information systems.
    (G) To prevent disclosure of law enforcement techniques and 
procedures.
    (H) To avoid endangering the life or physical safety of confidential 
sources and law enforcement personnel.
    (iii) Records within this system of records comprised of 
investigatory material compiled solely for the purpose of determining 
suitability or eligibility for Federal civilian employment or access to 
classified information, are exempt under the provisions of 5 U.S.C. 
552a(k)(5), but only to the extent that disclosure would reveal the 
identity of a source who furnished information to the Government under 
an express promise that the identity of the source would be held in 
confidence, or prior to January 1, 1975, under an implied promise that 
the identity of the source would be held in confidence. This system of 
records is exempt for one or more of the following reasons:
    (A) To fulfill commitments made to protect the confidentiality of 
sources.
    (B) To assure access to sources of confidential information, 
including that contained in Federal, State, and local criminal law 
enforcement information systems.
    (b) Security Records System--(1) Sections of the Act from which 
exempted. The Security Records System is exempted from the following 
sections of the Privacy Act (5 U.S.C. 552a): (c)(3) relating to access 
to the disclosure accounting; (d) relating to access to the records; 
(e)(1) relating to the type of information maintained in the records; 
(e)(4) (G), (H), and (I) relating to publishing the system notice 
information as to agency procedures for access and amendment, and 
information as to the categories of sources of records; and (f) relating 
to developing Agency rules for gaining access and making corrections.
    (2) Reason for exemption. (i) Personnel Security Records contained 
in the system of records which are compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, Federal contracts, or access to classified 
information are exempt under the provisions of 5 U.S.C. 552a(k)(5), but 
only to the extent that the disclosure of such material would reveal the 
identity of the source who furnished information to the Government under 
an express promise that the identity of the source would be held in 
confidence, or, prior to January 1, 1975, under an implied promise that 
the identity of the sources would be held in confidence. This system of 
records is exempt for one or more of the following reasons:
    (A) To fulfill commitments made to protect the confidentiality of 
sources.
    (B) To assure access to sources of confidential information, 
including that contained in Federal, State, and local criminal law 
enforcement information systems.
    (ii) Criminal Matter Records are contained in the system of records 
and are exempt under the provisions of 5 U.S.C. 552a(k)(2): Provided, 
however, That if any individual is denied any right, privilege, or 
benefit that they would otherwise be entitled by Federal law, or for 
which they would otherwise be eligible, as a result of the maintenance 
of such material, such material shall be provided to such individual, 
except to the extent that the disclosure of such material would reveal 
the identity of a source who furnished information to the Government 
under an express promise that the identity of the source would be held 
in confidence, or, prior to January 1, 1975, under an implied promise 
that the identity of the sources would be held in confidence. This 
system of records is exempt for one or more of the following reasons:

[[Page 77]]

    (A) To prevent interference with law enforcement proceedings.
    (B) To protect investigatory material compiled for law enforcement 
purposes.
    (C) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigation, law enforcement personnel, and sources of information.
    (D) To fulfill commitments made to protect the confidentiality of 
sources.
    (E) To assure access to sources of confidential information, 
including that contained in Federal, State, and local criminal law 
enforcement information systems.
    (F) To prevent disclosure of law enforcement techniques and 
procedures.
    (G) To avoid endangering the life or physical safety of confidential 
sources and law enforcement personnel.
    (iii) The system of records includes records subject to the 
provisions of 5 U.S.C. 552(b)(1) (required by Executive order to be kept 
secret in the interest of national defense or foreign policy), and such 
records are exempt under 5 U.S.C. 552a(k)(1).

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



             Subpart 1212.6_Instructions for NASA Employees



Sec. 1212.600  General policy.

    In compliance with the Privacy Act and in accordance with the 
requirements and procedures of this regulation, NASA has an obligation 
to:
    (a) Advise individuals, when requested, as to whether any specific 
system of records maintained by NASA contains records pertaining to 
them;
    (b) Prevent records being maintained by NASA in a system of records 
for a specific purpose from being used or made available for another 
purpose without the individual's consent; and,
    (c) Permit individuals to have access to information about 
themselves in a NASA system of records, to have a copy made, and, if 
appropriate under subpart 1212.3 of this part, to amend the records.



Sec. 1212.601  Maintenance and publication requirements for systems
of records.

    (a) In maintaining systems of records, NASA shall:
    (1) Maintain any record in a system of records for necessary and 
lawful purposes only, assure that the information is current and 
accurate for its intended use, and provide adequate safeguards to 
prevent misuse of the information.
    (2) Maintain only information about an individual relevant and 
necessary to accomplish a purpose or to carry out a function of NASA 
authorized by law or by Executive order of the President.
    (3) Maintain records used by NASA officials in making any 
determination about any individual with such accuracy, relevance, 
timeliness, and completeness reasonably necessary to assure fairness to 
the individual in making the determination.
    (4) Maintain no record describing how an individual exercises rights 
guaranteed by the First Amendment unless expressly authorized by 
statute, by the individual about whom the record is maintained or unless 
pertinent to and within the scope of an authorized law enforcement 
activity.
    (5) Maintain and provide access to records of other agencies under 
NASA's control consistent with the regulations of this part.
    (b) Any system of records maintained by NASA which is in addition to 
or substantially different from a Governmentwide systems of records 
described in a systems notice published by another agency shall be 
regarded as a NASA system of records subject to the requirements of this 
part.
    (c) NASA shall provide adequate advance notice to Congress and OMB 
of any proposal to establish a new system of records or alter any 
existing system of records as prescribed by OMB Circular No. A-130, 
appendix I.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.602  Requirements for collecting information.

    In collecting information for systems of records, the following 
requirements shall be met:
    (a) Information shall be collected to the greatest extent 
practicable directly

[[Page 78]]

from the subject individual when the information may result in adverse 
determinations about an individual's rights, benefits, and privileges 
under Federal programs. Exceptions to this policy may be made under 
certain circumstances, such as one of the following:
    (1) There is a need to verify the accuracy of the information 
supplied by an individual.
    (2) The information can only be obtained from a third party.
    (3) There is no risk that information collected from third parties, 
if inaccurate, could result in an adverse determination to the 
individual concerned.
    (4) Provisions are made to verify with the individual information 
collected from a third party.
    (b) Each individual who is asked to supply information shall be 
informed of the following:
    (1) The authority (whether granted by statute, or by Executive order 
of the President) for requesting the information;
    (2) Whether disclosure is mandatory or voluntary;
    (3) The intended official use of the information;
    (4) The routine uses which may be made of the information, as 
published in the system notices;
    (5) The effects, if any, on the individual of not providing all or 
any part of the requested information.



Sec. 1212.603  Mailing lists.

    NASA will not sell, rent, or otherwise disclose an individual's name 
and address to anyone, unless otherwise specifically authorized by law. 
This is not to be construed to require the withholding of names and 
addresses otherwise permitted to be made public.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.604  Social security numbers.

    (a) It is unlawful for NASA to deny to individuals any rights, 
benefits, or privileges provided by law because of the individuals' 
refusal to disclose their social security numbers, except where:
    (1) The disclosure is required by law; or
    (2) The disclosure is from a system of records in existence and 
operating before January 1, 1975, and was required under statute or 
regulation adopted before that date to verify the identity of the 
individual(s).
    (b) Any time individuals are requested to disclose their social 
security numbers, NASA shall indicate whether that disclosure is 
mandatory or voluntary, by what authority the numbers are requested, and 
what uses will be made of them.



Sec. 1212.605  Safeguarding information in systems of records.

    (a) Safeguards appropriate for a NASA system of records shall be 
developed by the system manager in a written plan approved by the Center 
Security Officer or Center Information Technology Security Officer for 
electronic records maintained in automated systems. Safeguards must 
insure the security and confidentiality of records and protect against 
any anticipated threats or hazards to their security or integrity which 
could result in substantial harm, embarrassment, inconvenience, or 
unfairness to any individual on whom information is maintained.
    (b) When records or copies of records are distributed within NASA 
they shall be prominently identified as records protected under the 
Privacy Act and shall be subject to the same safeguard, retention, and 
disposition requirements applicable to the system of records.
    (c) When records or copies of records are distributed to other 
Federal agencies, other than those having custody of the systems of 
records, they shall be prominently identified as records protected under 
the Privacy Act.
    (d) Records that are otherwise required by law to be released to the 
public need not be safeguarded or identified as Privacy Act records.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.606  Duplicate copies of records or portions of records.

    (a) NASA officials may maintain and use, for official purposes, 
duplicate copies of records or portions of records from a system of 
records maintained

[[Page 79]]

by their own organizational unit. This practice should occur only where 
there are justifiable organizational needs for it, e.g., where 
geographic distances make use of the system of records time consuming or 
inconvenient. These duplicate copies shall not be considered a separate 
NASA system of records. For example, an office head or designee may keep 
duplicate copies of personnel, training, or similar records on employees 
within the organization for administrative convenience purposes.
    (b) No disclosure shall be made from duplicate copies outside of the 
organizational unit. Any outside request for disclosure shall be 
referred to the appropriate system manager for response.
    (c) Duplicate copies are subject to the same safeguard requirements 
applicable to the system of records.



           Subpart 1212.7_NASA Authority and Responsibilities



Sec. 1212.700  NASA employees.

    (a) Each NASA employee is responsible for adhering to the 
requirements of the Privacy Act and this regulation.
    (b) An employee shall not seek or obtain access to a record in a 
NASA system of records or to copies of any portion of such records under 
false pretenses. Only those employees with an official ``need to know'' 
may seek and obtain access to records pertaining to others.
    (c) Employees shall refrain from discussing or disclosing personal 
information about others which they have obtained because of their 
official need to know such information in the performance of official 
duties.
    (d) To the extent included in a contract which provides for the 
maintenance by or on behalf of NASA of a system of records to accomplish 
a function of NASA, the requirements of this section shall apply to 
contractor employees who work under the contract.



Sec. 1212.701  Associate Deputy Administrator.

    The Associate Deputy Administrator is responsible for:
    (a) Making final Agency determinations on appeals (Sec. 1212.400), 
except on those related to records originating in the Office of the 
Inspector General;
    (b) Authorizing exemptions from one or more provisions of the 
Privacy Act for NASA systems of records (See Sec. 1212.500); and,
    (c) Authorizing an extension for making a final determination on an 
appeal (Sec. 1212.400(d)), except for an appeal related to records 
originating in the Office of the Inspector General.

[57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012]



Sec. 1212.702  The Inspector General.

    The Inspector General is responsible for:
    (a) Making final Agency determinations on appeals related to records 
originating with the Office of the Inspector General (Sec. 1212.400), 
and
    (b) Authorizing an extension for making a final determination on an 
appeal related to records originating with the Office of the Inspector 
General (Sec. 1212.400(e)).

[77 FR 60622, Oct. 4, 2012]



Sec. 1212.703  NASA Chief Information Officer.

    (a) The NASA Chief Information Officer is responsible for the 
following:
    (1) Providing overall supervision and coordination of NASA's 
policies and procedures under this regulation;
    (2) Approving system notices for publication in the Federal 
Register;
    (3) Assuring that NASA employees and officials are informed of their 
responsibilities and that they receive appropriate training for the 
implementation of these requirments; and,
    (4) Preparing and submitting the biennial report on implementation 
of the Privacy Act to OMB and special reports required under this 
regulation, including establishing appropriate reporting procedures in 
accordance with OMB Circular No. A-130.
    (b) The Chief Information Officer may establish a position of `NASA 
Privacy Act Officer,'designate someone to function as such an officer, 
and delegate to that officer any of the functions described in paragraph 
(a) of this section.

[57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, 
Oct. 4, 2012]

[[Page 80]]



Sec. 1212.704  Headquarters and Field Centers or Component Facilities.

    (a) Officials-in-Charge of Headquarters Offices, Directors of NASA 
Field Centers and Officials-in-Charge of Component Facilities are 
responsible for the following with respect to those systems of records 
maintained in their organization:
    (1) Avoiding the establishment of new systems of records or new 
routine uses of a system of records without first complying with the 
requirements of this regulation;
    (2) Ensuring that the requirements of this regulation and the 
Privacy Act are followed by employees;
    (3) Ensuring that there is appropriate coordination within NASA 
before a determination is made to disclose information without the 
individual's consent under authority of 5 U.S.C. 552a(b) (See 
Sec. 1212.203(f)); and
    (4) Providing appropriate oversight for responsibilities and 
authorities exercised by system managers under their jurisdiction 
(Sec. 1212.705).
    (5) Establish a position of Center Privacy Manager to assist in 
carrying out the responsibilities listed in this section.
    (b) [Reserved]

[57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, 
Oct. 4, 2012; 78 FR 8964, Feb. 7, 2013]



Sec. 1212.705  System manager.

    (a) Each system manager is responsible for the following with regard 
to the system of records over which the system manager has cognizance:
    (1) Overall compliance with this part, NASA Policy Directive (NPD) 
1382.17 and NASA Procedural Requirements (NPR) 1382.1.
    (2) Ensuring that each person involved in the design, development, 
operation, or maintenance of the system of records is instructed with 
respect to the requirements of this regulation and the possible 
penalties for noncompliance;
    (3) Submitting a request to the Associate Deputy Administrator for 
an exemption of the system under subpart 1212.5 of this part, setting 
forth in proposed rulemaking form the reasons for the exemption and 
citing the specific provision of the Privacy Act which is believed to 
authorize the exemption;
    (4) After consultation with the Office of the General Counsel or the 
Chief Counsel, making reasonable efforts to serve notice on an 
individual when any record on such individual is made available to any 
person under compulsory legal process when such process becomes a matter 
of public record;
    (5) Making an initial determination on an individual's request to 
correct or amend a record, in accordance with Sec. 1212.302;
    (6) Prior to disclosure of any record about an individual, assuring 
that the record is first reviewed for accuracy, completeness, 
timeliness, and relevance;
    (7) Authorizing disclosures of a record without the individual's 
consent under Sec. 1212.203(f)(1) through (12);
    (8) Responding within the requirements of Sec. 1212.200 to an 
individual's request for information as to whether the system contains a 
record pertaining to the individual;
    (9) Responding to an individual's request for access and copying of 
a record, in accordance with subpart 1212.2 of this part;
    (10) Amending a record under subpart 1212.3 of this part, or filing 
in an individual's record a statement of dispute;
    (11) Preparing an addendum to an individual's statement of dispute 
to be filed in the individual's records, in accordance with 
Sec. 1212.401;
    (12) Maintaining disclosure accountings in accordance with 5 U.S.C. 
552a(c) and Sec. 1212.203 of this part. This includes records disclosed 
pursuant to any computer matching programs;
    (13) Notifying persons to whom a record has been disclosed and for 
which an accounting was made as to disputes and corrections involving 
the record; and
    (14) Developing appropriate safeguards for the system of records in 
accordance with Sec. 1212.605(a).
    (b) Where a system of records has subsystems described in the system 
notice, the subsystem manager will have the responsibilities outlined in 
paragraph (a) of this section. Although the system manager has no line 
authority over subsystem managers, the system manager does have overall 
functional

[[Page 81]]

responsibility for the total system, and may issue guidance to subsystem 
managers on implementation of this part. When furnishing information for 
required reports, the system manager will be responsible for reporting 
the entire system of records, including any subsystems.
    (c) Exercise of the responsibilities and authorities in paragraph 
(a) of this section by any system or subsystem managers at a NASA Center 
shall be subject to any conditions or limitations imposed in accordance 
with Sec. 1212.704(a)(4) and (5).

[57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, 
Oct. 4, 2012]



Sec. 1212.706  Assistant Administrator for Procurement.

    The Assistant Administrator for Procurement is responsible for 
developing appropriate procurement regulations and procedures under 
which NASA contracts requiring the maintenance of a system of records in 
order to accomplish a NASA function are made subject to the requirements 
of this part.

[57 FR 4928, Feb. 11, 1992. Redesignated at 77 FR 60622, Oct. 4, 2012]



Sec. 1212.707  Delegation of authority.

    Authority necessary to carry out the responsibilities specified in 
this regulation is delegated to the officials named, subject to any 
conditions or limitations imposed in accordance with this subpart 
1212.7.

[57 FR 4928, Feb. 11, 1992. Redesignated at 77 FR 60622, Oct. 4, 2012]



     Subpart 1212.8_Failure To Comply With Requirements of This Part



Sec. 1212.800  Civil remedies.

    Failure to comply with the requirements of the Privacy Act and this 
part could subject NASA to civil suit under the provisions of 5 U.S.C. 
552a(g).



Sec. 1212.801  Criminal penalties.

    (a) A NASA officer or employee may be subject to criminal penalties 
under the provisions of 5 U.S.C. 552a(i) (1) and (2).
    (1) Section 552a(i)(1). Any officer or employee of an agency, who by 
virtue of employment or official position, has possession of, or access 
to, agency records which contain individually identifiable information 
the disclosure of which is prohibited by this section or by rules or 
regulations established thereunder, and who knowing that disclosure of 
the specific material is so prohibited, willfully discloses the material 
in any manner to any person or agency not entitled to receive it, shall 
be guilty of a misdemeanor and fined not more than $5,000.
    (2) Section 552a(i)(2). Any officer or employee of any agency who 
willfully maintains a system of records without meeting the notice 
requirements of subsection (e)(4) of this section shall be guilty of a 
misdemeanor and fined not more than $5,000.
    (3) These two provisions apply to NASA civil service employees as 
well as those employees of a NASA contractor with responsibilities for 
maintaining a Privacy Act system of records.
    (b) Section 552a(i)(3). Any person who knowingly and willfully 
requests or obtains any record concerning an individual from an agency 
under false pretenses shall be guilty of a misdemeanor and fined not 
more than $5,000.



PART 1213_RELEASE OF INFORMATION TO NEWS AND INFORMATION MEDIA
--Table of Contents



Sec.
1213.100  Scope.
1213.101  Applicability.
1213.102  Policy.
1213.103  Responsibilities.
1213.104  Public information coordination and concurrence.
1213.105  Interviews.
1213.106  Preventing release of classified information to the media.
1213.107  Preventing unauthorized release of sensitive but unclassified 
          (SBU) information/material to the news media.
1213.108  Multimedia materials.
1213.109  News releases concerning international activities.

    Authority: 42 U.S.C. 2473(a)(3).

    Source: 71 FR 49989, Aug. 24, 2006, unless otherwise noted.

[[Page 82]]



Sec. 1213.100  Scope.

    This part sets forth policy governing the release of public 
information, which is defined as information in any form provided to 
news and information media, especially information that has the 
potential to generate significant media or public interest or inquiry. 
Examples include, but are not limited to, press releases, media 
advisories, news features, and Web postings. Not included under this 
definition are scientific and technical reports, Web postings designed 
for technical or scientific interchange, and technical information 
presented at professional meetings or in professional journals.



Sec. 1213.101  Applicability.

    (a) This policy applies to NASA Headquarters, NASA Centers, and 
Component Facilities.
    (b) In the event of any conflict between this policy and any other 
NASA policy, directive, or regulation, this policy shall govern and 
supersede any previous issuance or directive.
    (c) The requirements of this part do not apply to the Office of 
Inspector General regarding its activities.



Sec. 1213.102  Policy.

    (a) NASA, a scientific and technical Agency, is committed to a 
culture of openness with the media and public that values the free 
exchange of ideas, data, and information as part of scientific and 
technical inquiry. Scientific and technical information from or about 
Agency programs and projects will be accurate and unfiltered.
    (b) Consistent with NASA statutory responsibility, NASA will 
``provide for the widest practicable and appropriate dissemination of 
information concerning its activities and the results thereof.'' Release 
of public information concerning NASA activities and the results of NASA 
activities will be made in a timely, equitable, accurate, and complete 
manner.
    (c) To ensure timely release of information, NASA will endeavor to 
ensure cooperation and coordination among the Agency's scientific, 
engineering, and public affairs communities.
    (d) In keeping with the desire for a culture of openness, NASA 
employees may, consistent with this policy, speak to the press and the 
public about their work.
    (e) This policy does not authorize or require disclosure of 
information that is exempt from disclosure under the Freedom of 
Information Act (5 U.S.C. 552) or otherwise restricted by statute, 
regulation, Executive Order, or other Executive Branch policy or NASA 
policy (e.g., OMB Circulars, NASA Policy Directives). Examples of 
information not releasable under this policy include, without 
limitation, information that is, or is marked as, classified 
information, procurement sensitive information, information subject to 
the Privacy Act, other sensitive but unclassified information, and 
information subject to privilege, such as pre-decisional information or 
attorney-client communications.



Sec. 1213.103  Responsibilities.

    (a) The Assistant Administrator for Public Affairs is responsible 
for developing and administering an integrated Agency-wide 
communications program, establishing Agency public affairs policies and 
priorities, and coordinating and reviewing the performance of all Agency 
public affairs activities. The Assistant Administrator will develop 
criteria to identify which news releases and other types of public 
information will be issued nationwide by NASA Headquarters. Decisions to 
release public information nationwide by NASA Headquarters will be made 
by the Assistant Administrator for Public Affairs or his/her designee.
    (b) NASA's Mission Directorate Associate Administrators and Mission 
Support Office heads have ultimate responsibility for the technical, 
scientific, and programmatic accuracy of all information that is related 
to their respective programs and released by NASA.
    (c) Under the direction of the Assistant Administrator for Public 
Affairs, Public Affairs Officers assigned to Mission Directorates are 
responsible for the timely and efficient coordination of public 
information covering their respective programs. This coordination 
includes review by appropriate Mission Directorate officials. It also 
includes editing by public affairs staff to ensure that public 
information products are

[[Page 83]]

well written and appropriate for the intended audience. However, such 
editing shall not change scientific or technical data or the meaning of 
programmatic content.
    (d) Center Public Affairs Directors are responsible for implementing 
their portion of the Agency's communications program, adhering to Agency 
policies, procedures, and priorities, and coordinating their activities 
with Headquarters (and others where appropriate). They are responsible 
for the quality of public information prepared by Center Public Affairs 
Officers. They also are responsible for the day-to-day production of 
public information covering their respective Center activities, which 
includes obtaining the necessary Center concurrences and coordinating, 
as necessary, with the appropriate Headquarters Public Affairs Officers.
    (e) Center Directors have ultimate responsibility for the accuracy 
of public information that does not require the concurrence of 
Headquarters. See Sec. 1213.104(d).
    (f) All NASA employees are required to coordinate, in a timely 
manner, with the appropriate Public Affairs Officers prior to releasing 
information that has the potential to generate significant media or 
public interest or inquiry.
    (g) All NASA Public Affairs Officers are required to notify the 
appropriate Headquarters Public Affairs Officers, in a timely manner, 
about activities or events that have the potential to generate 
significant media or public interest or inquiry.
    (h) All NASA public affairs employees are expected to adhere to the 
following code of conduct:
    (1) Be honest and accurate in all communications.
    (2) Honor publication embargoes.
    (3) Respond promptly to media requests, and respect media deadlines.
    (4) Act promptly to notify the public of, and correct, erroneous 
information, either internally or externally.
    (5) Promote the free flow of scientific and technical information.
    (6) Protect non-public information.
    (i) All NASA employees are responsible for adhering to plans 
(including schedules) for activities established by public affairs 
offices and senior management for the coordinated release of public 
information.
    (j) All NASA-funded missions will have a public affairs plan, 
approved by the Assistant Administrator for Public Affairs, which will 
be managed by Headquarters and/or a designated NASA Center.
    (k) Public affairs activities for NASA-funded missions will not be 
managed by non-NASA institutions, unless authorized by the Assistant 
Administrator for Public Affairs.



Sec. 1213.104  Public information coordination and concurrence.

    (a) General. All NASA employees involved in preparing and issuing 
NASA public information are responsible for proper coordination among 
Headquarters and Center offices to include review and clearance by 
appropriate officials prior to issuance. Such coordination will be 
accomplished through procedures developed and published by the NASA 
Assistant Administrator for Public Affairs.
    (b) Coordination. To ensure timely release of public information, 
Headquarters and Center Public Affairs Officers are required to 
coordinate to obtain review and clearance by appropriate officials, keep 
each other informed of changes, delays, or cancellation of releases, and 
provide advance notification of the actual release.
    (c) All public information shall be coordinated through the 
appropriate Headquarters offices, including review by the appropriate 
Mission Directorate Associate Administrator and Mission Support Office 
head, or their designees, to ensure scientific, technical, and 
programmatic accuracy, and review by the Assistant Administrator for 
Public Affairs or his/her designee to ensure that public information 
products are well written and appropriate for the intended audience.
    (d) Centers may, however, without the full coordination of 
Headquarters, issue public information that is institutional in nature, 
of local interest, or has been deemed not to be a Headquarters release. 
These releases must be coordinated through the appropriate Center 
offices and approved by the Center Director and Center Public Affairs

[[Page 84]]

Director. The Center Public Affairs Director is required to provide 
proper notification to the Office of Public Affairs, NASA Headquarters, 
prior to release. The Assistant Administrator for Public Affairs or his/
her designee will determine which public information will be issued 
nationwide by NASA Headquarters and shall publish guidelines for the 
release of public information that may be issued by Centers without 
clearance from Headquarters offices.
    (e) Dispute Resolution. Any dispute arising from a decision to 
proceed or not proceed with the issuance of a news release or other type 
of public information will be addressed and resolved by the Assistant 
Administrator for Public Affairs with the appropriate Mission 
Directorate Associate Administrator, Mission Support Office head, Center 
Director, and others, such as Center Public Affairs Directors, as 
necessary. However, the appropriate Mission Directorate Associate 
Administrator shall be the arbiter of disputes about the accuracy or 
characterization of programmatic, technical, or scientific information. 
Additional appeals may be made to the Chief of Strategic Communications 
and to the Office of the Administrator. When requested by a Center 
Public Affairs Director, an explanation of the resolution will be 
provided in writing to all interested Agency parties.



Sec. 1213.105  Interviews.

    (a) Only spokespersons designated by the Assistant Administrator for 
Public Affairs, or his/her designee, are authorized to speak for the 
Agency in an official capacity regarding NASA policy, programmatic, and 
budget issues.
    (b) In response to media interview requests, NASA will offer 
articulate and knowledgeable spokespersons who can best serve the needs 
of the media and the American public. However, journalists may have 
access to the NASA officials they seek to interview, provided those NASA 
officials agree to be interviewed.
    (c) NASA employees may speak to the media and the public about their 
work. When doing so, employees shall notify their immediate supervisor 
and coordinate with their public affairs office in advance of interviews 
whenever possible, or immediately thereafter, and are encouraged, to the 
maximum extent practicable, to have a Public Affairs Officer present 
during interviews. If Public Affairs Officers are present, their role 
will be to attest to the content of the interview, support the 
interviewee, and provide post-interview follow up with the media, as 
necessary.
    (d) NASA, as an Agency, does not take a position on any scientific 
conclusions. That is the role of the broad scientific community and the 
nature of the scientific process. NASA scientists may draw conclusions 
and may, consistent with this policy, communicate those conclusions to 
the media. However, NASA employees who present personal views outside 
their official area of expertise or responsibility must make clear that 
they are presenting their individual views--not the views of the 
Agency--and ask that they be sourced as such.
    (e) Appropriated funds may only be used to support Agency missions 
and objectives consistent with legislative or presidential direction. 
Government funds shall not be used for media interviews or other 
communication activities that go beyond the scope of Agency 
responsibilities and/or an employee's official area of expertise or 
responsibility.
    (f) Media interviews will be ``on-the-record'' and attributable to 
the person making the remarks, unless the interviewee is authorized to 
do otherwise by the Assistant Administrator for Public Affairs or Center 
Public Affairs Director, or their designees. Any NASA employee providing 
material to the press will identify himself/herself as the source.
    (g) Audio recordings may be made by NASA with consent of the 
interviewee.
    (h) NASA employees are not required to speak to the media.
    (i) Public information volunteered by a NASA official will not be 
considered exclusive to any one media source and will be made available 
to other sources, if requested.



Sec. 1213.106  Preventing release of classified information to the media.

    (a) Release of classified information in any form (e.g., documents, 
through

[[Page 85]]

interviews, audio/visual) to the news media is prohibited. The 
disclosure of classified information to unauthorized individuals may be 
cause for prosecution and/or disciplinary action against the NASA 
employee involved. Ignorance of NASA policy and procedures regarding 
classified information does not release a NASA employee from 
responsibility for preventing any unauthorized release. See NPR 1600.1, 
Chapter 5, Section 5.23 for internal NASA guidance on management of 
classified information. For further guidance that applies to all 
agencies, see Executive Order 12958, as amended, ``Classified National 
Security Information,'' and its implementing directive at 32 CFR parts 
2001 and 2004.
    (b) Any attempt by news media representatives to obtain classified 
information will be reported through the Headquarters Office of Public 
Affairs or Installation Public Affairs Office to the Installation 
Security Office and Office of Security and Program Protection.
    (c) For classified operations and/or programs managed under the 
auspices of a DD Form 254, ``Contract Security Classification 
Specification,'' all inquiries concerning this activity will be 
responded to by the appropriate PAO official designated in Item 12 on 
the DD Form 254.
    (d) For classified operations and/or information owned by other 
Government agencies (e.g., DOD, DOE), all inquiries will be referred to 
the appropriate Agency Public Affairs Officer as established in written 
agreements.



Sec. 1213.107  Preventing unauthorized release of sensitive but 
unclassified (SBU) information/material to the news media.

    (a) All NASA SBU information requires accountability and approval 
for release. Release of SBU information to unauthorized personnel is 
prohibited. Unauthorized release of SBU information may result in 
prosecution and/or disciplinary action. Ignorance of NASA policy and 
procedures regarding SBU information does not release a NASA employee 
from responsibility for unauthorized release. See NPR 1600.1, Chapter 5, 
Section 5.24 for guidance on identification, marking, accountability and 
release of NASA SBU information.
    (b) Examples of SBU information include: proprietary information of 
others provided to NASA under nondisclosure or confidentiality 
agreement; source selection and bid and proposal information; 
information subject to export control under the International Traffic in 
Arms Regulations (ITAR) or the Export Administration Regulations (EAR); 
information subject to the Privacy Act of 1974; predecisional materials 
such as national space policy not yet publicly released; pending 
reorganization plans or sensitive travel itineraries; and information 
that could constitute an indicator of U.S. Government intentions, 
capabilities, operations, or activities or otherwise threaten operations 
security.
    (c) Upon request for access to information/material deemed SBU, 
coordination must be made with the information/material owner to 
determine if the information/material may be released. Other 
organizations that play a part in SBU information identification, 
accountability, and release (e.g., General Counsel, External Relations, 
Procurement) must be consulted for assistance and/or concurrence prior 
to release.
    (d) Requests for SBU information from other Government agencies must 
be referred to the NASA program or other office responsible for handling 
the information as SBU.



Sec. 1213.108  Multimedia materials.

    (a) NASA's multimedia material, from all sources, will be made 
available to the information media, the public, and to all Agency 
Centers and contractor installations utilizing contemporary delivery 
methods and emerging digital technology.
    (b) Centers will provide the media, the public, and as necessary, 
NASA Headquarters with:
    (1) Selected prints and original or duplicate files of news-oriented 
imagery and other digital multimedia material generated within their 
respective areas.
    (2) Selected video material in the highest quality format practical, 
which, in the opinion of the installations, would be appropriate for use 
as news feed material or features in pre-

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produced programs and other presentations.
    (3) Audio and/or video files of significant news developments and 
other events of historic or public interest.
    (4) Interactive multimedia features that can be incorporated into 
the Agency's Internet portal for use by internal and external audiences, 
including the media and the general public.
    (5) To the extent practicable, these products will be in forms and 
media accessible to the public at large, as well as to specific user 
groups requesting them, if any.



Sec. 1213.109  News releases concerning international activities.

    (a) Releases of information involving NASA activities, views, 
programs, or projects involving another country or an international 
organization require prior coordination and approval by the Headquarters 
offices of External Relations and Public Affairs.
    (b) NASA Centers and Headquarters offices will report all visits 
proposed by representatives of foreign news media to the Public Affairs 
Officer of the Office of External Relations for appropriate handling 
consistent with all NASA policies and procedures.



PART 1214_SPACE FLIGHT--Table of Contents



Subparts 1214.1-1214.3 [Reserved]

             Subpart 1214.4_International Space Station Crew

1214.400  Scope.
1214.401  Applicability.
1214.402  International Space Station crewmember responsibilities.
1214.403  Code of Conduct for the International Space Station Crew.
1214.404  Violations.

Subpart 1214.5 [Reserved]

              Subpart 1214.6_Mementos Aboard NASA Missions

1214.600  Scope.
1214.601  Definitions.
1214.602  Policy.
1214.603  Official Flight Kit.
1214.604  Personal Preference Kit.
1214.605-1214.606  [Reserved]
1214.607  Media and public inquiries.
1214.608  [Reserved]
1214.609  Loss or theft.
1214.610  Violations.

           Subpart 1214.7_The Authority of the NASA Commander

1214.700  Scope.
1214.701  Definitions.
1214.702  Authority and responsibility of the NASA Commander.
1214.703  Chain of command.
1214.704  Violations.

Subparts 1214.8-1214.10 [Reserved]

   Subpart 1214.11_NASA Astronaut Candidate Recruitment and Selection 
                                 Program

1214.1100  Scope.
1214.1101  Announcement.
1214.1102  Evaluation of applications.
1214.1103  Application cutoff date.
1214.1104  Evaluation and ranking of highly qualified candidates.
1214.1105  Final ranking.
1214.1106  Selection of astronaut candidates.
1214.1107  Notification.

Subparts 1214.12-1214.17 [Reserved]

    Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, 
et seq.).

    Source: 57 FR 4545, Feb. 6, 1992, unless otherwise noted.

Subparts 1214.1-1214.3 [Reserved]



             Subpart 1214.4_International Space Station Crew

    Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, 
et seq.).

    Source: 65 FR 80303, Dec. 21, 2000, unless otherwise noted.



Sec. 1214.400  Scope.

    (a) This subpart sets forth policy and procedures with respect to 
International Space Station crewmembers provided by NASA for flight to 
the International Space Station.
    (b) In order to provide for the safe operation, maintenance of 
order, and proper conduct of crew aboard the International Space 
Station, the January 29, 1998, Agreement Among the Government of Canada, 
Governments of Member States of the European Space Agency, the 
Government of Japan, the Government of the Russian Federation, and the 
Government of the United States of America Concerning

[[Page 87]]

Cooperation on the Civil International Space Station (hereinafter 
Agreement), which establishes and governs the International Space 
Station, requires the development and approval of a Code of Conduct for 
International Space Station crew. Pursuant to Article 11 of the 
Agreement, each International Space Station partner is obliged to ensure 
that crewmembers which it provides observe the Code of Conduct.



Sec. 1214.401  Applicability.

    This subpart applies to all persons provided by NASA for flight to 
the International Space Station, including U.S. Government employees, 
uniformed members of the Armed Services, U.S. citizens who are not 
employees of the U.S. Government, and foreign nationals.



Sec. 1214.402  International Space Station crewmember responsibilities.

    (a) All NASA-provided International Space Station crewmembers are 
subject to specified standards of conduct, including those prescribed in 
the Code of Conduct for the International Space Station Crew, set forth 
as Sec. 1214.403. NASA-provided International Space Station crew members 
may be subject to additional standards and requirements, as determined 
by NASA, which will be made available to those NASA-provided 
crewmembers, as appropriate.
    (1) NASA-provided International Space Station crewmembers who are 
not citizens of the United States will be required to enter into an 
agreement with NASA in which they agree to comply with specified 
standards of conduct, including those prescribed in the Code of Conduct 
for the International Space Station Crew (Sec. 1214.403). Any such 
agreement will be signed on behalf of NASA by the NASA General Counsel 
or designee.
    (2) NASA-provided International Space Station crewmembers who are 
citizens of the United States but are not employees of the U.S. 
Government will be required to enter into an agreement with NASA in 
which they agree to comply with specified standards of conduct, 
including those prescribed in the Code of Conduct for the International 
Space Station Crew (Sec. 1214.403). Any such agreement will be signed on 
behalf of NASA by the NASA General Counsel or designee.
    (3) NASA-provided International Space Station crewmembers who are 
employed by a branch, department, or agency of the U.S. Government may, 
as determined by the NASA General Counsel, be required to enter into an 
agreement with NASA to comply with specified standards of conduct, 
including those prescribed in the Code of Conduct for the International 
Space Station Crew (Sec. 1214.403). Any such agreement will be signed on 
behalf of NASA by the NASA General Counsel or designee.
    (b) All NASA-provided personnel on board the International Space 
Station are additionally subject to the authority of the International 
Space Station Commander and shall comply with Commander's orders and 
directions.



Sec. 1214.403  Code of Conduct for the International Space Station Crew.

    The Code of Conduct for the International Space Station Crew, which 
sets forth minimum standards for NASA-provided International Space 
Station crewmembers, is as follows:

        Code of Conduct for the International Space Station Crew

                             I. Introduction

                              A. Authority

    This Code of Conduct for the International Space Station (ISS) crew, 
hereinafter referred to as Crew Code of Conduct (CCOC), is established 
pursuant to:
    (1) Article 11 (Crew) of the intergovernmental Agreement Among the 
Government of Canada, Governments of Member States of the European Space 
Agency, the Government of Japan, the Government of the Russian 
Federation, and the Government of the United States of America 
Concerning Cooperation on the Civil International Space Station (the 
IGA) signed by the Partner States on January 29, 1998; and
    (2) Article 11 (Space Station Crew) of the Memoranda of 
Understanding between, respectively, the National Aeronautics and Space 
Administration of the United States of America (NASA) and the Canadian 
Space Agency (CSA), NASA and the European Space Agency (ESA), NASA and 
the Government of Japan (GOJ), and NASA and the Russian Space Agency 
(RSA) Concerning Cooperation on the Civil International Space Station 
(the MOU's), which require, inter

[[Page 88]]

alia, that the crew Code of Conduct be developed by the partners.

                          B. Scope and Content

    The partners have developed and approved this CCOC to: establish a 
clear chain of command on-orbit; establish a clear relationship between 
ground and on-orbit management; and establish a management hierarchy; 
set forth standards for work and activities in space, and, as 
appropriate, on the ground; establish responsibilities with respect to 
elements and equipment; set forth disciplinary regulations; establish 
physical and information security guidelines; and define the ISS 
Commander's authority and responsibility, on behalf of all the partners, 
to enforce safety procedures, physical and information security 
procedures and crew rescue procedures for the ISS. This CCOC and the 
disciplinary policy referred to in Section IV shall not limit the 
application of Article 22 of the IGA. This CCOC succeeds the NASA-RSA 
Interim Code of Conduct, which was developed pursuant to Article 11.2 of 
the MOU between NASA and RSA to cover early assembly prior to other 
partners' flight opportunities.
    This CCOC sets forth the standards of conduct applicable to all ISS 
crewmembers during preflight, on-orbit, and post-flight activities, 
(including launch and return phases). ISS crewmembers are subject to 
additional requirements, such as the ISS Flight Rules, the disciplinary 
policy, and requirements imposed by their Cooperating Agency or those 
relating to the Earth-to-Orbit Vehicle (ETOV) transporting an ISS 
crewmember. Each ISS crewmember has a right to know about such 
additional requirements. ISS crewmembers will also abide by the rules of 
the institution hosting the training, and by standards and requirements 
defined by the Multilateral Crew Operations Panel (MCOP), the 
Multilateral Space Medicine Board (MSMB) and the Multilateral Medical 
Operations Panel (MMOP). Each ISS crewmember will be informed by the 
Cooperating Agency providing him or her of the responsibilities of ISS 
crewmembers under the IGA, the MOU's and this CCOC. Further, each ISS 
crewmember will be educated by the Cooperating Agency providing him or 
her through the crew training curriculum and normal program operations 
as to ISS program rules, operational directives and management policies. 
Completion of postflight activities shall not affect an ISS crewmember's 
continuing obligations under Section V of this CCOC.

                             C. Definitions

    For the purposes of the CCOC:
    (1) ``Cooperating Agency'' means NASA, CSA, ESA, Rosaviakosmos 
(formerly RSA) and, in the case of Japan, the Science and Technology 
Agency of Japan (STA) and, as appropriate, the National Space 
Development Agency of Japan (NASDA), assisting agency to STA.
    (2) ``Crew Surgeon'' means a Flight Surgeon assigned by the MMOP to 
any given expedition. He or she is the lead medical officer and carries 
primary responsibility for the health and well-being of the entire ISS 
crew.
    (3) ``Disciplinary policy'' means the policy developed by the MCOP 
to address violations of the CCOC and impose disciplinary measures.
    (4) ``ETOV'' means Earth-to-Orbit Vehicle travelling between Earth 
and the ISS.
    (5) ``Flight Director'' means the Flight Director in control of the 
ISS.
    (6) ``Flight Rules'' means the set of rules used by the Cooperating 
Agencies to govern flight operations.
    (7) ``ISS crewmembers'' means any person approved for flight to the 
ISS, including both ISS expedition crew and visiting crew, beginning 
upon assignment to the crew for a specific and ending upon completion of 
the postflight activities related to the mission.

                          II. General Standards

                 A. Responsibilities of ISS Crewmembers

    ISS Crewmembers shall comply with the CCOC. Accordingly, during 
preflight, on-orbit, and postflight activities, they shall comply with 
the ISS Commander's orders, all Flight and ISS program Rules, 
operational directives, and management policies, as applicable. These 
include those related to safety, health, well-being, security, and other 
operational or management matters governing all aspects of ISS elements, 
equipment, payloads and facilities, and non-ISS facilities, to which 
they have access. All applicable rules, regulations, directives, and 
policies shall be made accessible to ISS crewmembers through appropriate 
means, coordinated by the MCOP.

                       B. General Rules of Conduct

    ISS Crewmembers' conduct shall be such as to maintain a harmonious 
and cohesive relationship among the ISS crewmembers and an appropriate 
level of mutual confidence and respect through an interactive, 
participative, and relationship-oriented approach which duly takes into 
account the international and multicultural nature of the crew and 
mission.
    No ISS crewmember shall, by his or her conduct, act in a manner 
which results in or creates the appearance of: (1) Giving undue 
preferential treatment to any person or entity in the performance of ISS 
activities; and/or (2) adversely affecting the confidence of the public 
in the integrity of, or reflecting unfavorably in a public forum on, any 
ISS partner, partner state or Cooperating Agency.

[[Page 89]]

    ISS crewmembers shall protect and conserve all property to which 
they have access for ISS activities. No such property shall be altered 
or removed for any purpose other than those necessary for the 
performance of ISS duties. Before altering or removing any such 
property, ISS crewmembers shall first obtain authorization from the 
Flight Director, except as necessary to ensure the immediate safety of 
ISS crewmembers or ISS elements, equipment, or payloads.

                           C. Use of Position

    ISS crewmembers shall refrain from any use of the position of ISS 
crewmember that is motivated, or has the appearance of being motivated, 
by private gain, including financial gain, for himself or herself or 
other persons or entities. Performance of ISS duties shall not be 
considered to be motivated by private gain. Furthermore, no ISS 
crewmember shall use the position of ISS crewmember in any way to 
coerce, or give the appearance of coercing, another person to provide 
any financial benefit to himself or herself or other persons or 
entities.

                    D. Mementos and Personal Effects

    Each ISS crewmember may carry and store mementos, including flags, 
patches, insignia, and similar small items of minor value, onboard the 
ISS, for his or her private use, subject to the following:
    (1) mementos are permitted as a courtesy, not an entitlement; as 
such they shall be considered as ballast as opposed to a payload or 
mission requirement and are subject to manifest limitations, on-orbit 
stowage allocations, and safety considerations;
    (2) mementos may not be sold, transferred for sale, used or 
transferred for personal gain, or used or transferred for any commercial 
or fundraising purpose. Mementos which, by their nature, lend themselves 
to exploitation by the recipients, or which, in the opinion of the 
Cooperating Agency providing the ISS crewmember, engender questions as 
to good taste, will not be permitted.
    An ISS crewmember's personal effects, such as a wristwatch, will not 
be considered mementos. Personal effects of any nature may be permitted, 
subject to constraints of mass/volume allowances for crew personal 
effects, approval of the ISS crewmember's Cooperating Agency, and 
approval of the transporting Cooperating Agency and considerations of 
safety and good taste.
    If a Cooperating Agency carries and stores items onboard the ISS in 
connection with separate arrangements, these items will not be 
considered mementos of the ISS crewmembers.

   III. Authority and Responsibilities of the ISS Commander, Chain of 
Command and Succession Onorbit; Relationship Between Ground and On-Orbit 
                               Management

         A. Authority and Responsibilities of the ISS Commander

    The ISS Commander, as an ISS crewmember, is subject to the standards 
detailed elsewhere in this CCOC, in addition to the command-specific 
provisions set forth below:
    The ISS Commander will seek to maintain a harmonious and cohesive 
relationship among the ISS crewmembers and an appropriate level of 
mutual confidence and respect through an interactive, participative, and 
relationship-oriented approach which duly takes into account the 
international and multicultural nature of the crew and mission.
    For avoidance of doubt, nothing in this Section shall affect the 
ability of the MCOP to designate the national of any Partner State as an 
ISS Commander.

             (1) During Preflight and Postflight Activities

    The ISS Commander is the leader of the crew and is responsible for 
forming the individual ISS crewmembers into a single, integrated team. 
During preflight activities, the ISS Commander, to the extent of his or 
her authority, leads the ISS crewmembers through the training curriculum 
and mission-preparation activities and seeks to ensure that the ISS 
crewmembers are adequately prepared for the mission, acting as the 
crew's representative to the ISS program's training, medical, 
operations, and utilization authorities. During postflight activities, 
the ISS Commander coordinates as necessary with these authorities to 
ensure that the ISS crewmembers complete the required postflight 
activities.

                     (2) During On-Orbit Operations

                               (a) General

    The ISS Commander is responsible for and will, to the extent of his 
or her authority and the ISS on-orbit capabilities, accomplish the 
mission program implementation and ensure the safety of the ISS 
crewmembers and the protection of the ISS elements, equipment, or 
payloads.

                        (b) Main Responsibilities

    The ISS Commander's main responsibilities are to: (1) Conduct 
operations in or on the ISS as directed by the Flight Director and in 
accordance with the Flight Rules, plans and procedures; (2) direct the 
activities of the ISS crewmembers as a single, integrated team to ensure 
the successful completion of the mission; (3) fully and accurately

[[Page 90]]

inform the Flight Director, in a timely manner, of the ISS vehicle 
configuration, status, commanding, and other operational activities on-
board (including off-nominal or emergency situations); (4) enforce 
procedures for the physical and information security of operations and 
utilization data; (5) maintain order; (6) ensure crew safety, health and 
well-being including crew rescue and return; and (7) take all reasonable 
action necessary for the protection of the ISS elements, equipment, or 
payloads.

                         (c) Scope of Authority

    During all phases of on-orbit activity, the ISS Commander, 
consistent with the authority of the Flight Director, shall have the 
authority to use any reasonable and necessary means to fulfill his or 
her responsibilities. This authority, which shall be exercised 
consistent with the provisions of Sections II and IV, extends to: (1) 
the ISS elements, equipment, and payloads; (2) the ISS crewmembers; (3) 
activities of any kind occurring in or on the ISS; and (4) data and 
personal effects in or on the ISS where necessary to protect the safety 
and well-being of the ISS crewmembers and the ISS elements, equipment, 
and payloads. Any matter outside the ISS Commander's authority shall be 
within the purview of the Flight Director.
    Issues regarding the Commander's use of such authority shall be 
referred to the Flight Director as soon as practicable, who will refer 
the matter to appropriate authorities for further handling. Although 
other ISS crewmembers may have authority over and responsibility for 
certain ISS elements, equipment, payloads, or tasks, the ISS Commander 
remains ultimately responsible, and solely accountable, to the Flight 
Director for the successful completion of the activities and the 
mission.

               B. Chain of Command and Succession On-orbit

    (1) The ISS Commander is the highest authority among the ISS 
crewmembers on-orbit. The MCOP will determine the order of succession 
among the ISS crewmembers in advance of flight, and the Flight Rules set 
forth the implementation of a change of command.
    (2) Relationship of the ISS Commander to ETOV and Other Commanders
    The Flight Rules define the authority of the ETOV Commander, the 
Rescue Vehicle Commander, and any other commanders, and set forth the 
relationship between their respective authorities and the authority of 
the ISS Commander.

C. Relationship Between the ISS Commander (On-Orbit Management) and the 
                   Flight Director (Ground Management)

    The Flight Director is responsible for directing the mission. A 
Flight Director will be in charge of directing real-time ISS operations 
at all time. The ISS Commander, working under the direction of the 
Flight Director and in accordance with the Flight Rules, is responsible 
for conducting on-orbit operations in the manner best suited to the 
effective implementation of the mission. The ISS Commander, acting on 
his or her own authority, is entitled to change the daily routine of the 
ISS crewmembers where necessary to address contingencies, perform urgent 
work associated with crew safety and the protection of the ISS elements, 
equipment or payloads, or conduct critical flight operations. Otherwise, 
the ISS Commander should implement the mission as directed by the Flight 
Director. Specific roles and responsibilities of the ISS Commander and 
the Flight Director are described in the Flight Rules. The Flight Rules 
outline decisions planned in advance of the mission and are designed to 
minimize the amount of real-time discussion required during mission 
operations.

                      IV. Disciplinary Regulations

    ISS crewmembers will be subject to the disciplinary policy developed 
and revised as necessary by the MCOP and approved by the Multilateral 
Coordination Board (MCB). The MCOP has developed an initial disciplinary 
policy which has been approved by the MCB. The disciplinary policy is 
designed to maintain order among the ISS crewmembers during preflight, 
on-orbit and postflight activities. The disciplinary policy is 
administrative in nature and is intended to address violations of the 
CCOC. Such violations may, inter alia, affect flight assignments as an 
ISS crewmember. The disciplinary policy does not limit a Cooperating 
Agency's right to apply relevant laws, regulations, policies, and 
procedures to the ISS crewmembers it provides, consistent with the IGA 
and the MOU's.

             V. Physical and Information Security Guidelines

    The use of all equipment and goods to which ISS crewmembers have 
access shall be limited to the performance of ISS duties. Marked or 
otherwise identified as export controlled data and marked proprietary 
data obtained by an ISS crewmember in the course of ISS activities shall 
only be used in the performance of his or her ISS duties. With respect 
to data first generated on-board the ISS, the ISS crewmembers will be 
advised by the appropriate Cooperating Agency or by the data owner or 
provider through that Cooperating Agency as to the proprietary or 
export-controlled nature of the data and will be directed to mark and 
protect such data and to continue such protection for as long as the 
requirements for such protection remain in place. Additionally, ISS

[[Page 91]]

crewmembers shall act in a manner consistent with the provisions of the 
IGA and the MOU's regarding protection of operations data, utilization 
data, and the intellectual property of ISS users. They shall also comply 
with applicable ISS program rules, operational directives, and 
management policies designed to further such protections.
    Personal information about ISS crewmembers, including all medical 
information, private family conference, or other private information, 
whether from verbal, written, or electronic sources, shall not be used 
or disclosed by other ISS crewmembers for any purpose, without the 
consent of the affected ISS crewmember, except as required for the 
immediate safety of ISS crewmembers or the protection of ISS elements, 
equipment, or payloads. In particular, all personal medical information, 
whether derived from medical monitoring, investigations, or medical 
contingency events, shall be treated as private medical information and 
shall be transmitted in a private and secure fashion in accordance with 
procedures to be set forth by the MMOP. Medical data which must be 
handled in this fashion includes, for example, biomedical telemetry, 
private medical communications, and medical investigation data. Nothing 
in this paragraph shall be interpreted to limit an ISS crewmember's 
access to all medical resources aboard the ISS, to ground-based medical 
support services, or to his or her own medical data during preflight, 
on-orbit, and postflight activities.

                VI. Protection of Human Research Subjects

    No research on human subjects shall be conducted which could, with 
reasonable foresight, be expected to jeopardize the life, health, 
physical integrity, or safety of the subject.
    No research procedures shall be undertaken with any ISS crewmember 
as a human subject without: (1) written approval by the Human Research 
Multilateral Review Board (HRMRB) and (2) the full written and informed 
consent of the human subject. Each such approval and consent shall be 
obtained prior to the initiation of such research, and shall fully 
comply with the requirements of the HRMRB. The HRMRB is responsible for 
procedures for initiation of new experiments on-orbit when all consent 
requirements have been met, but the signature of the human subject 
cannot be obtained; explicit consent of the human subject will 
nonetheless be required in all such cases. Subjects volunteering for 
human research protocols may at their own discretion, and without 
providing a rationale, withdraw their consent for participation at any 
time, without prejudice, and without incurring disciplinary action. In 
addition, approval or consent for any research may be revoked at any 
time, including after the commencement of the research, by: the HRMRB, 
the Crew Surgeon, the Flight Director, or the ISS Commander, as 
appropriate, if the research would endanger the ISS Crew Member or 
otherwise threaten the mission success. A decision to revoke consent by 
the human subject or approval by the other entities listed above will be 
final.



Sec. 1214.404  Violations.

    This subpart is a regulation within the meaning of 18 U.S.C. 799, 
and whoever willfully violates, attempts to violate, or conspires to 
violate any provision of this subpart or any order or direction issued 
under this subpart may be cited for violating title 18 of the U.S. Code 
and could be fined or imprisoned not more than 1 year, or both.

Subpart 1214.5 [Reserved]



              Subpart 1214.6_Mementos Aboard NASA Missions

    Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, 
et seq.).

    Source: 81 FR 43041, July 1, 2016, unless otherwise noted.



Sec. 1214.600  Scope.

    This subpart establishes policy and procedures for carrying mementos 
on the NASA missions, with the exception of mementos and personal 
effects carried onboard the International Space Station (ISS).



Sec. 1214.601  Definitions.

    Mementos. Flags, patches, insignia, medallions, minor graphics, and 
similar items of little commercial value, especially suited for display 
by the individuals or groups to whom they have been presented.



Sec. 1214.602  Policy.

    Premise. Mementos are welcome aboard NASA missions. However, they 
are flown as a courtesy--not as an entitlement. All mementos must be 
approved by the Associate Administrator for Human Exploration and 
Operations and are stowed only in an Official Flight Kit (OFK) or 
Personal Preference Kit (PPK).
    (a) Economic gain. Items carried in an OFK or a PPK will not be 
sold, transferred for sale, used or transferred for

[[Page 92]]

personal gain, or used or transferred for any commercial or fund-raising 
purpose. Items such as philatelic materials and coins that, by their 
nature, lend themselves to exploitation by the recipients, or create 
problems with respect to good taste; or that are large, bulky, or heavy 
items will not be approved for flight.
    (b) [Reserved]



Sec. 1214.603  Official Flight Kit.

    (a) Purpose. The Official Flight Kit (OFK) on a particular mission 
allows NASA, and other domestic and friendly foreign countries' 
organizations with NASA approval, to utilize mementos as awards and 
commendations or preserve them in museums or archives. No personal items 
will be carried in the OFK.
    (b) Approval of contents. At least 120 days prior to the scheduled 
launch of a particular mission, an authorized representative of each 
organization desiring mementos to be carried on a flight in the OFK must 
submit a letter or request describing the item(s) to be flown and the 
intended purpose or distribution. Letters should be directed to the 
Associate Administrator for Human Exploration and Operations, NASA 
Headquarters, Washington DC 20546.



Sec. 1214.604  Personal Preference Kit.

    (a) Purpose. The Personal Preference Kit (PPK) enables persons on a 
particular mission to carry personal items for use as mementos. Only 
those individuals actually accompanying such flights may request 
authorization to carry personal items as mementos.
    (b) Approval of content. At least 60 days prior to the scheduled 
launch of a particular mission, each person assigned to the flight who 
desires to carry items in a PPK must submit a proposed list of items and 
their recipients to the Associate Director, NASA Johnson Space Center. 
The Associate Director will review the proposed list of items and, if 
approved, submit the crew members' PPK lists through supervisory 
channels to the Associate Administrator for Human Exploration and 
Operations for approval. A signed copy of approval from the Associate 
Administrator for Human Exploration and Operations will be returned to 
the Director, NASA Johnson Space Center, for distribution.



Sec. 1214.605-1214.606  [Reserved]



Sec. 1214.607  Media and public inquiries.

    Information on mementos flown on a particular mission will be 
routinely released by the Associate Administrator of the Office of 
Communications to the media and to the public upon their request, but 
only after they have been approved for flight.



Sec. 1214.608  [Reserved]



Sec. 1214.609  Loss or Theft.

    (a) Liability. Neither NASA nor the U.S. Government will be liable 
for the loss or theft of, or damage to, items carried in OFKs or PPKs.
    (b) Report of loss or theft. Any person who learns that an item 
contained in an OFK or a PPK is missing shall immediately report the 
loss to the Johnson Space Center Security Office and the NASA Inspector 
General.



Sec. 1214.610  Violations.

    Any items carried in violation of the requirements of this subpart 
shall become property of the U.S. Government, subject to applicable 
Federal laws and regulations, and the violator may be subject to 
disciplinary action, including being permanently prohibited from use of, 
or if an individual, from flying aboard a NASA mission.



           Subpart 1214.7_The Authority of the NASA Commander

    Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, 
et seq.).

    Source: 81 FR 43041, July 1, 2016, unless otherwise noted.



Sec. 1214.700  Scope.

    This subpart establishes the authority of the NASA Commander of a 
NASA mission, excluding missions related to the ISS and activities 
licensed under Title 51 U.S.C. Chapter 509, to enforce order and 
discipline during a mission and to take whatever action in his/her 
judgment is reasonable and necessary for the protection, safety, and 
well-being of all personnel and on-

[[Page 93]]

board equipment, including the spacecraft and payloads. During the final 
launch countdown, following crew ingress, the NASA Commander has the 
authority to enforce order and discipline among all on-board personnel. 
During emergency situations prior to liftoff, the NASA Commander has the 
authority to take whatever action in his/her judgment is necessary for 
the protection or security, safety, and well-being of all personnel on 
board.



Sec. 1214.701  Definitions.

    (a) The flight crew consists of the NASA Commander, astronaut crew 
members, and [any] other persons aboard the spacecraft.
    (b) A mission is the period including the flight-phases from launch 
to landing on the surface of the Earth--a single round trip. (In the 
case of a forced landing, the NASA Commander's authority continues until 
a competent authority takes over the responsibility for the persons and 
property aboard).
    (c) The flight-phases consist of launch, in orbit/transit, 
extraterrestrial mission, deorbit, entry, and landing, and post-landing 
back on Earth.
    (d) A payload is a specific complement of instruments, space 
equipment, and support hardware/software carried into space to 
accomplish a scientific mission or discrete activity.



Sec. 1214.702  Authority and responsibility of the NASA Commander.

    (a) During all flight phases, the NASA Commander shall have the 
absolute authority to take whatever action is in his/her discretion 
necessary to:
    (1) Enhance order and discipline.
    (2) Provide for the safety and well-being of all personnel on board.
    (3) Provide for the protection of the spacecraft and payloads.
    The NASA Commander shall have authority, throughout the mission, to 
use any reasonable and necessary means, including the use of physical 
force, to achieve this end.
    (b) The authority of the NASA Commander extends to any and all 
personnel on board the spacecraft including Federal officers and 
employees and all other persons whether or not they are U.S. nationals.
    (c) The authority of the NASA Commander extends to all spaceflight 
elements, payloads, and activities originating with or defined to be a 
part of the NASA mission.
    (d) The NASA Commander may, when he/she deems such action to be 
necessary for the safety of the spacecraft and personnel on board, 
subject any of the personnel on board to such restraint as the 
circumstances require until such time as delivery of such individual or 
individuals to the proper authorities is possible.



Sec. 1214.703  Chain of command.

    (a) The NASA Commander is a trained NASA astronaut who has been 
designated to serve as commander on a NASA mission and who shall have 
the authority described in Sec. 1214.702 of this part. Under normal 
flight conditions (other than emergencies or when otherwise designated) 
the NASA Commander is responsible to the Mission Flight Director.
    (b) Before each flight, the other flight crewmembers will be 
designated in the order in which they will assume the authority of the 
NASA Commander under this subpart in the event that the NASA Commander 
is not able to carry out his/her duties.
    (c) The determinations, if any, that a crewmember in the chain of 
command is not able to carry out his or her command duties and is, 
therefore, to be relieved of command, and that another crewmember in the 
chain of command is to succeed to the authority of the NASA Commander, 
will be made by the NASA Administrator or his/her designee.



Sec. 1214.704  Violations.

    (a) All personnel on board the NASA mission are subject to the 
authority of the NASA Commander and shall conform to his/her orders and 
direction as authorized by this subpart.
    (b) This subpart is a regulation within the meaning of 18 U.S.C. 
799, and whoever willfully violates, attempts to violate, or conspires 
to violate any provision of this subpart or any order or direction 
issued under this subpart shall be subject to fines and imprisonment, as 
specified by law.

[[Page 94]]

Subparts 1214.8-1214.10 [Reserved]



   Subpart 1214.11_NASA Astronaut Candidate Recruitment and Selection 
                                 Program

    Source: 54 FR 37940, Sept. 14, 1989, unless otherwise noted.



Sec. 1214.1100  Scope.

    It is NASA policy to maintain an integrated Astronaut Corps. This 
subpart 1214.11 sets forth NASA procedures and assigns responsibilities 
for recruitment and selection of astronaut candidates. It applies to all 
pilot and mission specialist astronaut candidate selection activities 
conducted by the National Aeronautics and Space Administration.



Sec. 1214.1101  Announcement.

    (a) Astronaut candidate opportunities Will be announced nationwide 
and publicized periodically unless specifically canceled by NASA.
    (b) Civilian applicants may apply at any time.
    (c) Military personnel on active duty must apply through and be 
nominated by the military service with which they are affiliated. 
Military nominees will not be part of the continuing pool of applicants. 
The military services will convene their internal selection boards and 
provide nominees to NASA. The military nominees will be evaluated by 
NASA and the military services will be notified promptly of those 
nominees who are finalists.
    (d) The Assistant Administrator for Equal Opportunity Programs, NASA 
Headquarters, will provide assistance in the recruiting process.

[54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003]



Sec. 1214.1102  Evaluation of applications.

    (a) All incoming applications will be reviewed to determine whether 
or not applicants meet basic qualifications. Those not meeting the basic 
qualification requirements will be so notified and will not be eligible 
for further consideration. Those meeting the basic qualification 
requirements will have their applications retained for review by a 
designated rating panel.
    (b) A rating panel composed of discipline experts will review and 
rate qualified applicants as ``Qualified'' or ``Highly Qualified.''
    (c) Efforts will be made to ensure that minorities and females are 
included among these discipline experts on the rating panel.
    (d) The criteria for each level will be developed and will serve as 
the basis for the ratings. The evaluation will be based on the quality 
of the individual's academic background and experience and the extent to 
which the individual's academic achievements, experience, and special 
qualifications relate to the astronaut candidate position. Reference 
information on those rated ``Highly Qualified'' will normally be 
obtained. This evaluation process will be monitored to ensure adherence 
to applicable policy, laws, and regulations.
    (e) Those rated ``Highly Qualified'' may be required to obtain a 
Class I or Class II physical. Only medically qualified applicants will 
be referred for final evaluation and possible interview and selection. 
Those who are not medically qualified will be so informed and will not 
be eligible for further consideration.

[54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003]



Sec. 1214.1103  Application cutoff date.

    (a) The JSC Director, or designee, is responsible for identifying 
the need for additional astronaut candidates and for obtaining necessary 
approval to make selections.
    (b) Once such approval has been obtained, a cutoff date for the 
acceptance of applications will be established. Applications received 
after the date of the request will be maintained and processed for the 
next selection.

[54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003]



Sec. 1214.1104  Evaluation and ranking of highly qualified candidates.

    (a) A selection board consisting of discipline experts, and such 
other persons as appropriate, will further evaluate and rank the 
``Highly Qualified'' applicants.

[[Page 95]]

    (b) Efforts will be made to assure that minorities and females are 
included on this board.
    (c) The ``Highly Qualified'' applicants who are determined to be the 
``Best Qualified'' will be invited to the Johnson Space Center for an 
interview, orientation, and detailed medical evaluation.
    (d) Background investigations will normally be initiated on those 
applicants rated ``Best Qualified.''

[54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003]



Sec. 1214.1105  Final ranking.

    Final rankings will be based on a combination of the selection 
board's initial evaluations and the results of the interview process. 
Veteran's preference will be included in this final ranking in 
accordance with applicable regulations.



Sec. 1214.1106  Selection of astronaut candidates.

    The selection board will recommend to the JSC Director its selection 
of candidates from among those finalists who are medically qualified. 
The number and names of candidates selected to be added to the corps 
will be approved, as required, by JSC/ NASA management and the Associate 
Administrator for Space Flight, prior to notifying the individuals or 
the public.



Sec. 1214.1107  Notification.

    Selectees and the appropriate military services will be notified and 
the public informed. All unsuccessful qualified applicants will be 
notified of nonselection and given the opportunity to update their 
applications and indicate their desire to receive consideration for 
future selections.

Subparts 1214.12-1214.17 [Reserved]



PART 1215_TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS)
--Table of Contents



  Subpart 1215.1_Use and Reimbursement Policy for Non-U.S. Government 
                                  Users

Sec.
1215.100  General.
1215.101  Scope.
1215.102  Definitions.
1215.103  Services.
1215.104  Apportionment and assignment of services.
1215.105  Delivery of user data.
1215.106  User command and tracking data.
1215.107  User data security and frequency authorizations.
1215.108  Defining user service requirements.
1215.109  Scheduling user service.
1215.110  User cancellation of all services.
1215.111  User postponement of service.
1215.112  User/NASA contractual arrangement.
1215.113  User charges.
1215.114  Service rates.
1215.115  Payment and billing.

Appendix A to Part 1215--Estimated Service Rates in 1997 Dollars for 
          TDRSS Standard Services (Based on NASA Escalation Estimate)
Appendix B to Part 1215--Factors Affecting Standard Charges
Appendix C to Part 1215--Typical User Activity Timeline

    Authority: Sec. 203, Pub. L. 85-568, 72 Stat. 429, as amended; 42 
U.S.C. 2473.

    Source: 48 FR 9845, Mar. 9, 1983, unless otherwise noted.



  Subpart 1215.1_Use and Reimbursement Policy for Non-U.S. Government 
                                  Users



Sec. 1215.100  General.

    TDRSS represents a major investment by the U.S. Government with the 
primary goal of providing improved tracking and data acquisition 
services to spacecraft in low-Earth orbit or to mobile terrestrial users 
such as aircraft or balloons. It is the objective of NASA to operate as 
efficiently as possible with TDRSS, is to the mutual benefit of all 
users. Such user consideration will permit NASA and non-NASA service to 
be delivered without compromising the mission objectives of any 
individual user. The reimbursement policy is designed to comply with the 
Office of Management and Budget Circular A-25 on User Charges, dated 
September 23, 1959, as updated, which requires that a reasonable charge 
should be made to each identifiable recipient for a measurable unit or 
amount of Government service or property from which a special benefit is 
derived.

[77 FR 6952, Feb. 10, 2012]

[[Page 96]]



Sec. 1215.101  Scope.

    This subpart sets forth the policy governing TDRSS services provided 
to non-U.S. Government users and the reimbursement for rendering such 
services. Cooperative missions are not under the purview of this 
subpart. The arrangements for TDRSS services for cooperative missions 
will be covered in an agreement, as a consequence of negotiations 
between NASA and the other concerned party. Any agreement which includes 
provision for any TDRSS service will require signatory concurrence by 
the Deputy Associate Administrator for SCaN prior to dedicating SCaN 
resources for support of a cooperative mission.

[77 FR 6952, Feb. 10, 2012]



Sec. 1215.102  Definitions.

    (a) User. Any non-U.S. Government representative or entity that 
enters into an agreement with NASA to use TDRSS services.
    (b) TDRSS. TDRSS, including Tracking and Data Relay Satellites 
(TDRS), WSC, GRGT, and the necessary TDRSS operational areas, interface 
devices, and NASA communication circuits that unify the above into a 
functioning system. It specifically excludes the user ground system/
TDRSS interface.
    (c) Bit stream. The electronic signals acquired by TDRSS from the 
user craft or the user-generated input commands for transmission to the 
user craft.
    (d) Scheduling service period. One scheduled contact utilizing a 
single TDRS, whereby the user, by requesting service, is allotted a 
block of time for operations between the user satellite and TDRSS.

[77 FR 6952, Feb. 10, 2012]



Sec. 1215.103  Services.

    (a) Standard services. These are services which TDRSS is capable of 
providing to low-Earth orbital user spacecraft or other terrestrial 
users. Data are delivered to WSC or GRGT. A detailed description of 
services is provided in the GSFC Space Network Users' Guide, 450-SNUG. 
Contact the Chief, Networks Integration Management Office, at the 
address in Section 1215.108(d) to obtain a copy of the SNUG.
    (1) Tracking service.
    (2) Data acquisition service.
    (3) Command transmission service.
    (b) Required Support Services. These are support activities that are 
required to obtain TDRSS services.
    (1) Prelaunch support planning, analysis, and documentation.
    (2) Compatibility testing.
    (3) Prelaunch support for data-flow testing and related activities.
    (4) User services scheduling.
    (c) Mission-unique services. Other tracking and data services 
desired by the user that are beyond the standard and required support 
services defined above. The associated charges for these services will 
be identified and assessed on a case-by-case basis.

[77 FR 6952, Feb. 10, 2012]



Sec. 1215.104  Apportionment and assignment of services.

    No user may apportion, assign, or otherwise convey to any third 
party its TDRSS service. Each user may obtain service only through 
contractual agreement with the Associate Administrator for Space 
Operations.

[56 FR 28048, June 19, 1991]



Sec. 1215.105  Delivery of user data.

    (a) As a standard service, NASA will provide to the user its data 
from TDRSS in the form of one or more digital or analog bit streams 
synchronized to associated clock streams at WSC or GRGT.
    (b) User data-handling requirements beyond WSC or GRGT interface 
will be provided as a standard service to the user, to the extent that 
the requirements do not exceed NASA's planned standard communications 
system. Any additional data transport or handling requirements exceeding 
NASA's capability will be dealt with as a mission-unique service.
    (c) No storage of the user data is provided in the standard service. 
NASA will provide short-term temporary recording of data at WSC in the 
event of a NASA Integrated Services Network (NISN) link outage.
    (d) NASA will provide TDRSS services on a ``reasonable efforts'' 
basis, and, accordingly, will not be liable for damages of any kind to 
the user or

[[Page 97]]

third parties for any reason, including, but not limited to, failure to 
provide agreed-to services. The price for TDRSS services does not 
include a contingency or premium for any potential damages. The user 
will assume any risk of damages or obtain insurance to protect against 
any risk.

[77 FR 6952, Feb. 10, 2012]



Sec. 1215.106  User command and tracking data.

    (a) User command data shall enter TDRSS via the NISN interface at 
WSC or GRGT.
    (b) NASA is required to have knowledge of the user satellite orbital 
elements to sufficient accuracy to permit TDRSS to establish and 
maintain acquisition. This can be accomplished in two ways:
    (1) The user can provide the orbital elements in a NASA format to 
meet TDRSS operational requirements.
    (2) The user shall ensure that a sufficient quantity of tracking 
data is received to permit the determination of the user satellite 
orbital elements. The Flight Dynamics Facility (FDF) at GSFC will 
provide the orbit determination service to these users. The charges for 
this service will be negotiated between the FDF and the user and will be 
dependent on user requirements.

[77 FR 6952, Feb. 10, 2012]



Sec. 1215.107  User data security and frequency authorizations.

    (a) User data security is not provided by the TDRSS. Responsibility 
for data security resides solely with the user. Users desiring data 
safeguards shall provide and operate, external to the TDRSS, the 
necessary equipment or systems to accomplish data security. Any such 
user provisions must be compatible with data flow through TDRSS and not 
interfere with other users.
    (b) All radio frequency authorizations associated with operations 
pursuant to this directive are the responsibility of the user. If 
appropriate, authority(ies) must be obtained from the Federal 
Communications Commission (FCC) for operations consistent with U.S. 
footnote 303 of the National Table of Frequency Allocations, FCC Rules 
and Regulations, at 47 CFR 2.106.

[56 FR 28049, June 19, 1991]



Sec. 1215.108  Defining user service requirements.

    Potential users should become familiar with TDRSS capabilities and 
constraints, which are detailed in the SNUG, as early as possible. This 
action allows the user to evaluate the trade-offs available among 
various TDRSS services, spacecraft design, operations planning, and 
other significant mission parameters. It is recommended that potential 
users contact the NIMO as early as possible for assistance in performing 
the trade studies. When these evaluations have been completed, and the 
user desires to use TDRSS, the user should initiate a request for TDRSS 
service.
    (a) Initial requests for TDRSS service from non-U.S. Government 
users shall be addressed to SCaN at NASA Headquarters, as follows: 
Deputy Associate Administrator: Space Communications and Navigation 
Division, National Aeronautics and Space Administration, Washington, DC 
20546.
    (b) Upon review and acceptance of the service request, preliminary 
analyses shall be performed to determine the feasibility of meeting the 
proposed requirements.
    (c) If the request is determined to be feasible, the user and SCaN 
shall negotiate an agreement for provision of the requested services. 
Acceptance of user requests for TDRSS service is the sole prerogative of 
NASA.
    (d) Upon approval of the agreement by both parties, GSFC will be 
assigned to produce the detailed requirements, plans, and documentation 
necessary for support of the mission. Changes to user requirements shall 
be made as far in advance as possible and shall be submitted, in 
writing, to both SCaN at NASA Headquarters (see Section 108, paragraph 
(a) for mailing address) and GSFC, as follows: Chief: Networks 
Integration Management Office, Code 450.1, NASA Goddard Space Flight 
Center, M/S 450.1, 8800 Greenbelt Road Greenbelt, MD 20771.

[77 FR 6953, Feb. 10, 2012]

[[Page 98]]



Sec. 1215.109  Scheduling user service.

    (a) User service shall be scheduled only by NASA. TDRSS services 
will be provided in accordance with operational priorities established 
by the NASA Administrator or his/her designee. See Appendix A for a 
description of a typical user activity timeline.
    (b) Schedule conflict will be resolved in general by application of 
principles of priority to user service requirements. Services shall be 
provided either as normally scheduled service or as emergency service. 
Priorities will be different for emergency service than for normal 
services.
    (1) Normally scheduled service is service which is planned and 
ordered under normal operational conditions and is subject to schedule 
conflict resolution under normal service priorities. Requests for 
normally scheduled service must be received by the schedulers at the 
GSFC WSC Data Services Management Center (DSMC) no later than 21 days 
prior to the requested support time.
    (2) At times, emergency service requirements will override normal 
schedule priority. Under emergency service conditions, disruptions to 
scheduled service will occur.
    (3) The DSMC reserves the sole right to schedule, reschedule, or 
cancel TDRSS service.
    (4) NASA schedulers will exercise judgment and endeavor to see that 
lower-priority users are not excluded from a substantial portion of 
their contracted-for service due to the requirements of higher-priority 
users.
    (c) General user service requirements, which will be used for 
preliminary planning and mission modeling, should include all pertinent 
information necessary for NASA to determine if the proposed service is 
achievable. Contact NIMO to discuss usage and requirements.
    (d) Such user service requirements information typically includes:
    (1) Date of service initiation.
    (2) The type of TDRSS services desired (e.g., multiple access, 
tracking, etc.), and the frequency and duration of each service.
    (3) Orbit or trajectory parameters and tracking data requirements.
    (4) Spacecraft events significant to tracking, telemetry or command 
requirements.
    (5) Communications systems specifics, including location of antennas 
and other related information dealing with user tracking, command, and 
data systems.
    (6) Special test requirements, data flows, and simulations, etc.
    (7) Identification of terrestrial data transport requirements, 
interface points, and delivery locations, including latency and line 
loss recovery.
    (e) To provide for effective planning, reference Appendix A, Typical 
New User Activity Timeline.

[77 FR 6953, Feb. 10, 2012]



Sec. 1215.110  User cancellation of all services.

    The user has the right to terminate its service contract with NASA 
at any time. A user who exercises this right after contracting for 
service shall pay the charge agreed upon for services previously 
rendered, and the cost incurred by the Government for support of pre-
launch activities, services, and mission documentation not included in 
that charge. The user will remain responsible for the charges for any 
services actually provided.



Sec. 1215.111  User postponement of service.

    The user may postpone the initiation of contracted service (e.g., 
user launch date) by delivery of written notification to NASA 
Headquarters, Code OX. Any delay in the contracted start of service date 
may affect the quantity of service to be provided due to commitments to 
other support requirements. Therefore, the validity of previous 
estimates of predicted support availability may no longer be applicable.

[56 FR 28049, June 19, 1991]



Sec. 1215.112  User/NASA contractual arrangement.

    No service shall be provided without an approved agreement.

[77 FR 6953, Feb. 10, 2012]



Sec. 1215.113  User charges.

    (a) The user shall reimburse NASA the sum of the charges for 
standard

[[Page 99]]

and mission-unique services. Charges will be based on the service rates 
applicable at the time of service.
    (b) For standard services, the user shall be charged only for 
services rendered, except that if a total cancellation of service 
occurs, the user shall be charged in accordance with the provisions of 
Sec. 1215.110.
    (1) Standard services which are scheduled, and then cancelled by the 
user less than 72 hours prior to the start of that scheduled service 
period, will be charged as if the scheduled service actually occurred.
    (2) The time scheduled by the user project shall include the slew 
time, set up and/or configuration time, TDRSS contact time, and all 
other conditions for which TDRSS services were allocated to the user.
    (3) Charges will be accumulated by the minute, based on the 
computerized schedule/configuration messages which physically set up 
TDRSS equipment at the start of a support period and free the equipment 
for other users at the end of a support period.
    (c) The user shall reimburse NASA for the costs of any mission-
unique services provided by NASA.

[77 FR 6953, Feb. 10, 2012]



Sec. 1215.114  Service rates.

    (a) Rates for TDRSS services will be established by the DAA for 
SCaN.
    (b) Per-minute rates will reflect TDRSS total return on investment 
and operational and maintenance costs.
    (c) The rate per minute by service and type of user is available on 
the following Web site: https://www.spacecomm.nasa.gov/spacecomm/
programs/Space_network.cfm.
    (d) The per-minute charge for TDRSS service is computed by 
multiplying the charge per minute for the appropriate service by the 
number of minutes utilized.

[77 FR 6953, Feb. 10, 2012]



Sec. 1215.115  Payment and billing.

    (a) The procedure for billing and payment of standard TDRSS services 
is as follows:
    (1) NASA shall be reimbursed by customers in connection with the use 
of Government property and services provided under an approved 
reimbursable agreement. Advance payment for services is required. 
Advance payments shall be scheduled to keep pace with the rate at which 
NASA anticipates incurring costs. NASA will provide a Customer Budget/
Estimate (CBE) for services rendered nominally 60-90 days in advance, or 
as otherwise agreed, of the first anticipated property use or required 
service date for each mission. The full cost of the mission shall be 
paid by the customer not later than 30 days prior to the first 
anticipated property use or required service date.
    (2) In some cases, an advance partial payment will be required six--
nine months prior to the first anticipated property use or required 
service date in order for advance planning work and/or travel to take 
place. The amount of this partial payment and its receipt shall be 
negotiated on an as-needed basis. Adjustments to the amounts prepaid 
will be made to the succeeding billings as the actual services are 
rendered.
    (3) If the customer fails to make payment by the payment due date, 
NASA may terminate the agreement and any subagreements for breach of 
agreement after notice to the customer is given of this breach and 
failure to cure such breach within a time period established by NASA.
    (b) Late payments by the user will require the user to pay a late 
payment charge.

[77 FR 6954, Feb. 10, 2012]



 Sec. Appendix A to Part 1215--Estimated Service Rates in 1997 Dollars 
     for TDRSS Standard Services (Based on NASA Escalation Estimate)

    Time: Project conceptualization (at least two years before launch; 
Ref. Sec. 1215.108(a)).
    Activity: Submit request for access to TDRSS. Upon preliminary 
acceptance of the service requirements by NASA Headquarters, 
communications for the reimbursable development of a Space Act Agreement 
(SAA) will begin. Prior to finalization of the Memorandum of Agreement 
(MOA), an estimate for the services will be issued. After SAA signature, 
full funding of the effort must be received prior to NASA initiating any 
activities associated with the effort. (Ref. Sec. 1215.115(a)(1)).
    Time: 18 months before launch (Ref. Sec. 1215.109(c).

[[Page 100]]

    Activity: After full funding has been received and distributed to 
the executing NASA entities, submit general user requirements to permit 
preliminary planning. Contact will occur to facilitate the integration 
process for access to TDRSS. If appropriate, initiate action with the 
Federal Communications Commission for license to communicate with TDRSS 
(Ref. Sec. 1215.107(b)).
    Time: 12 months before launch (earlier if possible).
    Activity: Provide detailed requirements for technical definition and 
development of operational and interface control documents. (Ref. 
Sec. 1215.109(d)).
    Time: 3 weeks prior to a Scheduled Support Period (SSP).
    Activity: Submit scheduling request to NASA covering a weekly 
period. Receive schedule from NASA based on principles of priority (Ref. 
Sec. 1215.109(b)). User confirmation of the schedule is required.
    Time: Up to 72 hours prior to an SSP.
    Activity: Can cancel an SSP without charge (Ref. 
Sec. 1215.113(b)(1)).
    Time: Up to 45 minutes prior to an SPP.
    Activity: Can schedule an SSP if a time slot is available without 
impacting another user.
    Time: Up to 10 minutes prior to an SSP.
    Activity: Can schedule an SSP utilizing TDRSS unused time (TUT).

[77 FR 6954, Feb. 10, 2012]



    Sec. Appendix B to Part 1215--Factors Affecting Standard Charges

    Charges for services shall be determined by multiplying the factors 
below by the base rates for standard services set forth in appendix A.

------------------------------------------------------------------------
                                                               Emergency
                                                   Time or     service,
                                       Flexible    position   disruptive
                                                 constrained    updates
------------------------------------------------------------------------
Single access service................       .5            1            2
Multiple access forward (command)          .67            1            2
 service.............................
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               Emergency
                                                    Normally   service,
                                                   scheduled  disruptive
                                                    support     updates
------------------------------------------------------------------------
Multiple access return (telemetry) service.......          1           2
------------------------------------------------------------------------



      Sec. Appendix C to Part 1215--Typical User Activity Timeline

------------------------------------------------------------------------
           Time (approximate)                        Activity
------------------------------------------------------------------------
Project conceptualization (At least 3    Request NASA Headquarters
 years before launch; Ref. Sec.           perform study to determine
 1215.108(a)).                            availability of TDRSS. If
                                          accepted as a user, begin
                                          contractual negotiation by
                                          submission of $25,000 non-
                                          refundable charge, and place
                                          into mission model.
3 years before launch (Ref. Sec.         Submit general user
 1215.109(c)..                            requirements to permit
                                          preliminary planning. Begin
                                          payment for pre-mission
                                          activities (Ref. Sec.
                                          1215.115(b)(5)).
18 months before launch (earlier if      Provide detailed requirements
 interfacing is expected)..               for technical definition and
                                          development of operational
                                          documents and ICD's. (Ref.
                                          Sec.  1215.109(e)). If
                                          appropriate, initiate action
                                          with the Federal
                                          Communications Commission for
                                          license to communicate with
                                          TDRSS at least 18 months prior
                                          to launch (Ref. Sec.
                                          1215.107(b)).
3 weeks prior to a scheduled support     Submit scheduling request to
 period (SSP). 2 weeks prior to an SSP.   GSFC covering a weekly period.
                                          Receive schedule from GSFC
                                          based on principles of
                                          priority (Ref. Sec.
                                          1215.109(b)(2)).
                                          Acknowledgement to GSFC
                                          required.
Up to 12 hours prior to an SSP.........  Can cancel an SSP without
                                          charge (Ref. Sec.
                                          1215.113(a)(1)).
Up to 45 minutes prior to an SPP.......  Can schedule an SSP if a time
                                          slot is available without
                                          impacting another user.
Between SSP minus 45 minutes and the     Schedule requests will be
 SSP..                                    charged at the disruptive
                                          update rate (Ref. Sec.
                                          1215.109(b)(5)).
Real-Time..............................  Emergency service requests will
                                          be responded to per the
                                          priority system (Ref. Sec.
                                          1215.109(b)(3)) and assessed
                                          the emergency service rate.
------------------------------------------------------------------------


[56 FR 28049, June 19, 1991]



PART 1216_ENVIRONMENTAL QUALITY--Table of Contents



       Subpart 1216.1_Policy on Environmental Quality and Control

Sec.
1216.100  Scope.
1216.101  Applicability.
1216.102  Policy.
1216.103  Responsibilities of NASA officials.

Subpart 1216.2 [Reserved]

 Subpart 1216.3_Procedures for Implementing the National Environmental 
                            Policy Act (NEPA)

1216.300  Scope.
1216.301  Applicability.
1216.302  Responsibilities.
1216.303  NEPA process in NASA planning and decision making.
1216.304  Categorical exclusions.

[[Page 101]]

1216.305  Actions requiring environmental assessments.
1216.306  Actions normally requiring an EIS.
1216.307  Programmatic EAs, EISs, and tiering.
1216.308  Supplemental EAs and EISs.
1216.309  Mitigation and monitoring.
1216.310  Classified actions.
1216.311  Emergency responses.

Appendix A to Subpart 1216.3 of Part 1216--Acronyms and Definitions



       Subpart 1216.1_Policy on Environmental Quality and Control

    Authority: The National Aeronautics and Space Act of 1958, as 
amended (42 U.S.C. 2451 et seq.); the National Environmental Policy Act 
of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); the Environmental 
Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); 
sec. 309 the Clean Air Act, as amended (42 U.S.C. 7609); E.O. 11514 
(Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977); the Council on 
Environmental Quality NEPA Regulations (40 CFR part 1500-1508); and E.O. 
12114, Jan. 4, 1979 (44 FR 1957).

    Source: 44 FR 44485, July 30, 1979, unless otherwise noted.



Sec. 1216.100  Scope.

    This subpart sets forth NASA policy on environmental quality and 
control and the responsibilities of NASA officials in carrying out these 
policies.



Sec. 1216.101  Applicability.

    This subpart is applicable to NASA Headquarters and field 
installations.



Sec. 1216.102  Policy.

    NASA policy is to:
    (a) Use all practicable means, consistent with NASA's statutory 
authority, available resources, and the national policy, to protect and 
enhance the quality of the environment;
    (b) Provide for proper attention to and ensure that environmental 
amenities and values are given appropriate consideration in all NASA 
actions, including those performed under contract, grant, lease, or 
permit;
    (c) Recognize the worldwide and long-range character of 
environmental concerns and, when consistent with the foreign policy of 
the United States and its own responsibilities, lend appropriate support 
to initiatives, resolutions, and programs designed to maximize 
international cooperation in anticipating and preventing a decline in 
the quality of the world environment;
    (d) Use systematic and timely approaches which will ensure the 
integrated use of the natural and social sciences and environmental 
design arts in planning and decisionmaking for actions which may have an 
impact on the human environment;
    (e) Pursue research and development, within the scope of NASA's 
authority or in response to authorized agencies, for application of 
technologies useful in the protection and enhancement of environmental 
quality;
    (f) Initiate and utilize ecological and other environmental 
information in the planning and development of resource-oriented 
projects; and
    (g) Invite cooperation, where appropriate, from Federal, State, 
local, and regional authorities and the public in NASA planning and 
decisionmaking processes.



Sec. 1216.103  Responsibilities of NASA officials.

    (a) The Associate Administrator for Management or designee shall:
    (1) Coordinate the formulation and revision of NASA policies and 
positions on matters pertaining to environmental protection and 
enhancement;
    (2) Represent NASA in working with other governmental agencies and 
interagency organizations to formulate, revise, and achieve uniform 
understanding and application of governmentwide policies relating to the 
environment;
    (3) Develop and ensure the implementation of agencywide standards, 
procedures, and working relationships for protection and enhancement of 
environmental quality and compliance with applicable laws and 
regulations;
    (4) Develop, as an integral part of NASA's basic decision processes, 
procedures to ensure that environmental factors are properly considered 
in all proposals and decisions;
    (5) Establish and maintain working relationships with the Council on 
Environmental Quality, Environmental Protection Agency, and other 
national, state, and local governmental agencies concerned with 
environmental matters;

[[Page 102]]

    (6) Acquire information for and ensure the preparation of 
appropriate NASA reports on environmental matters.
    (b) Officials-in-Charge of Headquarters Offices and NASA Field 
Installation Directors are responsible for:
    (1) Identifying matters under their cognizance which may affect 
protection and enhancement of environmental quality and for employing 
the proper procedures to ensure that necessary actions are taken to meet 
the requirements of applicable laws and regulations;
    (2) Coordinating environmental quality-related activities under 
their cognizance with the Associate Administrator for Management; and
    (3) Supporting and assisting the Associate Administrator for 
Management on request.
    (c) Officials-in-Charge of Headquarters Offices are additionally 
responsible for:
    (1) Giving high priority, in the pursuit of program objectives, to 
the identification, analysis, and proposal of research and development 
which, if conducted by NASA or other agencies, may contribute to the 
achievement of beneficial environmental objectives; and
    (2) In coordination with the Associate Administrator for Management, 
making available to other parties, both governmental and 
nongovernmental, advice and information useful in protecting and 
enhancing the quality of the environment.
    (d) NASA Field Installation Directors are additionally responsible 
for:
    (1) Implementing the NASA policies, standards and procedures for the 
protection and enhancement of environmental quality and supplementing 
them as appropriate in local circumstances;
    (2) Specifically assigning responsibilities for environmental 
activities under the installation's cognizance to appropriate 
subordinates, while providing for the coordination of all such 
activities; and
    (3) Establishing and maintaining working relationships with 
national, state, regional and governmental agencies responsible for 
environmental regulations in localities in which the field installations 
conduct their activities.

[44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988]

Subpart 1216.2 [Reserved]



 Subpart 1216.3_Procedures for Implementing the National Environmental 
                            Policy Act (NEPA)

    Authority: The National Aeronautics and Space Act of 1958, as 
amended (51 U.S.C. 20101 et seq.); The National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.); the Council on 
Environmental Quality (CEQ) Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act (40 CFR parts 1500-
1508).

    Source: 77 FR 3103, Jan. 23, 2012, unless otherwise noted.



Sec. 1216.300  Scope.

    (a) This subpart implements NEPA, setting forth NASA's policies and 
procedures for the early integration of environmental considerations 
into planning and decision making.
    (b) Through this subpart, NASA adopts the CEQ regulations 
implementing NEPA (40 CFR parts 1500-1508) and supplements those 
regulations with this subpart 1216.3, for actions proposed by NASA that 
are subject to NEPA requirements. This subpart is to be used in 
conjunction with the CEQ regulations. Consistent with the CEQ 
regulations at 40 CFR part 1500.3, no trivial violation of this part 
shall give rise to any independent cause of action. This subpart and 
NASA's NEPA policy are available on NASA's Public Portal at http://
www.nasa.gov/agency/nepa/ (under NEPA Process).



Sec. 1216.301  Applicability.

    This subpart applies to all organizational elements of NASA.



Sec. 1216.302  Responsibilities.

    (a) The NASA Senior Environmental Official (SEO) (as defined in 
Appendix A to this subpart) is responsible for overseeing and guiding 
NASA's integration of NEPA into the Agency's planning and decision 
making. The

[[Page 103]]

SEO, with the assistance of the Office of the General Counsel (OGC), is 
responsible for developing NASA NEPA regulations and maintaining up-to-
date Agency-wide NEPA guidance that fully integrates NEPA analysis into 
Agency planning and decision-making processes. The SEO shall monitor 
this process to ensure that these regulations and the associated Agency 
guidance are achieving their purposes. In addition, the NASA SEO is 
responsible for coordinating with other Federal agencies and the CEQ and 
consolidating and transmitting NASA's comments on EISs and other NEPA 
documentation prepared by other Federal agencies:
    (1) The NASA Headquarters/Environmental Management Division (HQ/EMD) 
is delegated the SEO's overall responsibility of implementing NEPA 
functions and guiding NASA's integration of NEPA into the Agency's 
planning and decision making for all NASA activities. The HQ/EMD 
provides advice and consultation to all NASA entities in implementing 
their assigned responsibilities under NEPA. Interested persons can 
obtain information on the status of EISs and other elements of the NEPA 
process by contacting the NASA NEPA Manager at HQ/EMD identified at 
http://www.nasa.gov/agency/nepa/NEPATeam.html.
    (2) Each NASA Center has an environmental management office that 
guides and supports the working-level functions of the NEPA process, 
such as evaluating proposed actions; developing, reviewing, and 
approving required documentation; and advising project managers.
    (b) The Responsible Official shall ensure that planning and decision 
making for each proposed Agency action complies with these regulations 
and with Agency NEPA policy and guidance provided by the SEO, HQ/EMD, 
and the Center's environmental management office. For facility programs 
and projects, the Responsible Official is the individual responsible for 
establishing, developing, and maintaining the institutional capabilities 
required for the execution of programs and projects (e.g., Center 
Director, facility manager). For other programs and projects, (e.g., 
space flight programs/projects, R&D programs/projects) the Responsible 
Official is the NASA official responsible for the formulation and 
implementation of the program or project (e.g., The Associate 
Administrator for Science Mission Directorate, Center Director).
    (c) NASA must comply with this subpart when considering issuance of 
a permit, lease, easement, or grant to a non-Federal party and may seek 
such non-Federal party's assistance in obtaining necessary information 
and completing the NEPA process. The Responsible Official(s) for such 
action(s), in consultation with HQ/EMD and/or the Center's environmental 
management office, will determine the type of environmental information 
needed from the non-Federal party and the extent of the non-Federal 
party's participation in the necessary NEPA process.



Sec. 1216.303  NEPA process in NASA planning and decision making.

    (a) NEPA requires the systematic examination of the environmental 
consequences of implementing a proposed Agency action. Full integration 
of the NEPA process with NASA project and program planning improves 
Agency decisions and ensures that:
    (1) Planning and decision making support NASA's strategic plan 
commitment to sustainability and environmental stewardship and comply 
with applicable environmental statutes, regulations, and policies.
    (2) The public is appropriately engaged in the decision-making 
process.
    (3) Procedural risks and delays are minimized.
    (b) Determining the appropriate level of NEPA review and 
documentation for a proposed NASA action will depend upon the scope of 
the action and the context and intensity of the reasonably foreseeable 
environmental impacts.
    (c) The environmental impacts of a proposed Agency action must be 
considered, along with technical, economic, and other factors that are 
reasonably foreseeable, beginning in the early planning stage of a 
proposed action. NASA will take no action which would have an adverse 
environmental impact or limit the choice of reasonable alternatives 
prior to completion of its NEPA review.

[[Page 104]]



Sec. 1216.304  Categorical exclusions.

    (a) Categorical Exclusions (CatExs) are categories of Agency actions 
with no individually or cumulatively significant impact on the human 
environment and for which neither an EA nor an EIS is required. The use 
of a CatEx is intended to reduce paperwork, improve Government 
efficiency, and eliminate delays in the initiation and completion of 
proposed actions having no significant impact.
    (b) A proposed action may be categorically excluded if the action 
fits within a category of actions eligible for exclusion (such 
categories are listed in paragraph (d) of this section)), and the 
proposed action does not involve any extraordinary circumstances as 
described in paragraph (c) of this section:
    (c) Extraordinary circumstances that will preclude the use of CatExs 
occur when the proposed action:
    (1) Has a reasonable likelihood of having (individually or 
cumulatively) significant impacts on public health, safety, or the 
environment.
    (2) Imposes uncertain or unique environmental risks.
    (3) Is of significantly greater scope or size than is normal for 
this category of action.
    (4) Has a reasonable likelihood of violating Federal, federally 
recognized Indian tribe, State, and/or local law or requirements imposed 
for the protection of the environment.
    (5) Involves impacts on the quality of the environment that are 
likely to be environmentally controversial.
    (6) May adversely affect environmentally sensitive resources, such 
as, but not limited to, federally listed threatened or endangered 
species, their designated critical habitat, wilderness areas, 
floodplains, wetlands, aquifer recharge areas, coastal zones, wild and 
scenic rivers, and significant fish or wildlife habitat, unless the 
impact has been resolved through another environmental review process; 
e.g., the Clean Water Act (CWA), the Coastal Zone Management Act (CZMA).
    (7) May adversely affect known national natural landmarks, or 
cultural or historic resources, including, but not limited to, property 
listed on or eligible for the National Register of Historic Places, 
unless the impact has been resolved through another environmental review 
process; e.g., the National Historic Preservation Act (NHPA).
    (d) Specific NASA actions meeting the criteria for being 
categorically excluded from the requirements for EAs and EISs are as 
follows:
    (1) Administrative Activities including:
    (i) Personnel actions, organizational changes, and procurement of 
routine goods and services.
    (ii) Issuance of procedural rules, manuals, directives, and 
requirements.
    (iii) Program budget proposals, disbursements, and transfer or 
reprogramming of funds.
    (iv) Preparation of documents, including design and feasibility 
studies, analytical supply and demand studies, reports and 
recommendations, master and strategic plans, and other advisory 
documents.
    (v) Information-gathering exercises, such as inventories, audits, 
studies, and field studies, including water sampling, cultural resources 
surveys, biological surveys, geologic surveys, modeling or simulations, 
and routine data collection and analysis activities.
    (vi) Preparation and dissemination of information, including 
document mailings, publications, classroom materials, conferences, 
speaking engagements, Web sites, and other educational/informational 
activities.
    (vii) Software development, data analysis, and/or testing, including 
computer modeling.
    (viii) Interpretations, amendments, and modifications to contracts, 
grants, or other awards.
    (2) Operations and Management Activities including:
    (i) Routine maintenance, minor construction or rehabilitation, minor 
demolition, minor modification, minor repair, and continuing or altered 
operations at, or of, existing NASA or NASA-funded or -approved 
facilities and equipment, such as buildings, roads, grounds, utilities, 
communication systems, and ground support systems, such as space 
tracking and data systems.
    (ii) Installation or removal of equipment, including component 
parts, at

[[Page 105]]

existing Government or private facilities.
    (iii) Contribution of equipment, software, technical advice, 
exchange of data, and consultation to other agencies and public and 
private entities, where such assistance does not control a receiving 
entity's program, project, or activity.
    (iv) NASA ceremonies, commemorative events, and memorial services.
    (v) Routine packaging, labeling, storage, and transportation of 
hazardous materials and wastes, in accordance with applicable Federal, 
federally recognized Indian tribe, State, and/or local law or 
requirements.
    (3) Research and Development (R&D) Activities including:
    (i) Research, development, and testing in compliance with all 
applicable Federal, federally recognized Indian tribe, State, and/or 
local law or requirements and Executive orders.
    (ii) Use of small quantities of radioactive materials in a 
laboratory or in the field. Uses include material for instrument 
detectors, calibration, and other purposes. Materials must be licensed, 
as required, and properly contained and shielded.
    (iii) Use of lasers for research and development, scientific 
instruments and measurements, and distance and ranging, where such use 
meets all applicable Federal, federally recognized Indian tribe, State, 
and/or local law or requirements, and Executive orders. This applies to 
lasers used in spacecraft, aircraft, laboratories, watercraft, or 
outdoor activities.
    (4) Real and Personal Property Activities including:
    (i) Acquisition, transfer, or disposal of any personal property, or 
personal property rights or interests.
    (ii) Granting or acceptance of easements, leases, licenses, rights-
of-entry, and permits to use NASA-controlled property, or any other real 
property, for activities which, if conducted by NASA, would be 
categorically excluded in accordance with this section. This assumes 
that NASA has included any required notices in transfer documentation 
and any terms and conditions necessary to ensure protection of the 
environment, as applicable (Record of Environmental Consideration (REC) 
required).
    (iii) Transfer or disposal of real property or real property rights 
or interests if the change in use is one which, if conducted by NASA, 
would be categorically excluded in accordance with this section (REC 
required).
    (iv) Transfer of real property administrative control to another 
Federal agency, including the return of public domain lands to the 
Department of the Interior (DoI) or other Federal agencies, and 
reporting of property as excess and surplus to the General Services 
Administration (GSA) for disposal, when the agency receiving 
administrative control (or GSA, following receipt of a report of excess) 
will complete any necessary NEPA review prior to any change in land use 
(REC required).
    (v) Acquisition of real property (including facilities) where the 
land use will not change substantially (REC required).
    (5) Aircraft and Airfield Activities including:
    (i) Periodic aircraft flight activities, including training and 
research and development, which are routine and comply with applicable 
Federal, federally recognized Indian tribe, State, and/or local law or 
requirements, and Executive orders.
    (ii) Relocation of similar aircraft not resulting in a substantial 
increase in total flying hours, number of aircraft operations, 
operational parameters (e.g., noise), or permanent personnel or 
logistics support requirements at the receiving installation (REC 
required).
    (e) The Responsible Official shall review the proposed action in its 
early planning stage and will consider the scope of the action and the 
context and intensity of any environmental impacts to determine whether 
there are extraordinary circumstances that could result in environmental 
impacts. If extraordinary circumstances exist, the Responsible Official 
will either withdraw the proposed action or initiate an EA or EIS.
    (f) The NASA SEO will review the categorical exclusions at least 
every seven years, in accordance with CEQ guidance, to determine whether 
modifications, additions, or deletions are

[[Page 106]]

appropriate, based upon NASA's experience. Recommendations for 
modifications, additions, or deletions shall be submitted to the SEO for 
consideration and informal discussion with the CEQ.



Sec. 1216.305  Actions requiring environmental assessments.

    (a) The Responsible Official will prepare an EA when a proposed 
action cannot be categorically excluded, and the proposed action is not 
expected to result in impacts that require analysis in an EIS. The 
Responsible Official will consider the scope of the action and the 
context and intensity of any environmental impacts when determining 
whether to prepare an EA.
    (b) Typical NASA actions normally requiring an EA include:
    (1) Specific spacecraft development and space flight projects/
programs (as defined in Appendix A to this subpart).
    (2) Actions altering the ongoing operations at a NASA Center which 
could lead directly, indirectly, or cumulatively to substantial natural 
or physical environmental impacts.
    (3) Construction or modifications of facilities which are not minor.
    (4) Proposed actions that are expected to result in significant 
changes to established land use.
    (5) A space flight project/program that would return 
extraterrestrial samples to Earth from solar system bodies (such as 
asteroids, comets, planets, dwarf planets, and planetary moons), which 
would likely receive an Unrestricted Earth Return categorization (as 
defined in Appendix A to this subpart) from NASA's Planetary Protection 
Office (PPO) or the NASA Planetary Protection Subcommittee prior to the 
return of samples to the Earth.



Sec. 1216.306  Actions normally requiring an EIS.

    (a) NASA will prepare an EIS for actions with the potential to 
significantly impact the quality of the human environment, including 
actions for which an EA analysis demonstrates that significant impacts 
will potentially occur which will not be reduced or eliminated by 
changes to the proposed action or mitigation of its potentially 
significant impacts.
    (b) Typical NASA actions normally requiring an EIS include:
    (1) Development and operation of new launch vehicles or space 
transportation systems.
    (2) [Reserved]
    (c) Development and operation of a space flight project/program 
which would launch and operate a nuclear reactor or radioisotope power 
systems and devices using a total quantity of radioactive material 
greater than the quantity for which the NASA Nuclear Flight Safety 
Assurance Manager may grant nuclear safety launch approval (i.e., a 
total quantity of radioactive material for which the A2 Mission Multiple 
(see definitions in Appendix A to this subpart) is greater than 10)).
    (d) Development and operation of a space flight project/program 
which would return samples to Earth from solar system bodies (such as 
asteroids, comets, planets, dwarf planets, and planetary moons), which 
would likely receive a Restricted Earth Return categorization (as 
defined in Appendix A to this subpart) from the NASA Planetary 
Protection Office or the NASA Planetary Protection Subcommittee.
    (e) Substantial modification of a NASA facility's master plan in a 
manner expected to result in significant effect(s) on the quality of the 
human environment.
    (f) Substantial construction projects expected to result in 
significant effect(s) on the quality of the human environment, when such 
construction and its effects are not within the scope of an existing 
master plan and EIS.



Sec. 1216.307  Programmatic EAs, and EISs, and tiering.

    NASA encourages the analysis of actions at the programmatic level 
for those programs similar in nature or broad in scope. Programmatic 
NEPA analyses may take place in the form of an EA or EIS. These 
documents allow ``tiering'' of NEPA documentation for subsequent or 
specific actions.



Sec. 1216.308  Supplemental EAs and EISs.

    As detailed in CEQ regulations, supplemental documentation may be 
required for previous EAs or EISs (see 40 CFR 1502.9). If changed 
circumstances require preparation of a supplemental

[[Page 107]]

EA or EIS, such document will be prepared following the same general 
process as the original EA or EIS. No new scoping is required for a 
supplemental EIS; however, NASA may choose to conduct scoping.



Sec. 1216.309  Mitigation and monitoring.

    When the analysis proceeds to an EA or EIS and mitigation measures 
are selected to avoid or reduce environmental impacts, such mitigation 
measures will be identified in the EA/FONSI or the EIS Record of 
Decision (ROD). NASA will implement mitigation measures (including 
adaptive management strategies, where appropriate) consistent with 
applicable FONSIs and/or RODs and will monitor their implementation and 
effectiveness. The Responsible Official will ensure that funding 
requests for such mitigation measures are included in the program or 
project budget.



Sec. 1216.310  Classified actions.

    (a) Classification does not relieve NASA of the requirement to 
assess, document, and consider the environmental impacts of a proposed 
action.
    (b) When classified information can reasonably be separated from 
other information and a meaningful environmental analysis can be 
produced, unclassified documents will be prepared and processed in 
accordance with these regulations. Classified portions will be kept 
separate and provided to properly cleared reviewers and decision makers 
in the form of a properly classified document that meets the 
requirements of these regulations to the extent permitted, given such 
classification.



Sec. 1216.311  Emergency responses.

    (a) When the Responsible Official determines that an emergency 
exists that makes it necessary to take urgently needed actions before 
preparing a NEPA analysis and any required documentation, in accordance 
with the provisions in Secs. 1216.305 and 1216.307 of this subpart, then 
the following provisions apply:
    (1) The Responsible Official may take urgently needed actions that 
are necessary to control the immediate impacts of the emergency needed 
to mitigate harm to life, property, or resources. When taking such 
actions, the Responsible Official shall, to the extent practical, 
mitigate foreseeable adverse environmental impacts.
    (2) [Reserved]
    (b) At the earliest practicable time, the Responsible Official shall 
also notify the SEO of the emergency situation and the action(s) taken. 
The SEO will determine the appropriate NEPA action associated with the 
urgent actions taken as a result of the emergency. If the urgent actions 
will reasonably result in significant environmental impacts, the SEO 
will consult with the CEQ to ensure compliance with 40 CFR 1506.11 as 
soon as is reasonable.
    (c) If the Responsible Official proposes emergency actions which 
continue beyond the urgent actions taken as a result of the emergency, 
and these actions are not categorically excluded, the Responsible 
Official will consult with the SEO to determine the appropriate level of 
NEPA compliance. If continuation of the emergency actions will 
reasonably result in significant environmental impacts, the SEO will 
consult with the CEQ to ensure compliance with 40 CFR 1506.11 as soon as 
is reasonable.



Sec. Appendix A to Subpart 1216.3 of Part 1216--Acronyms and Definitions

CatEx  Categorical Exclusion
CEQ  Council on Environmental Quality
CFR  Code of Federal Regulations
CWA  Clean Water Act
CZMA  Coastal Zone Management Act
DoI  (U.S.) Department of the Interior
EA  Environmental Assessment
EMD  Environmental Management Division
EIS  Environmental Impact Statement
FONSI  Finding of No Significant Impact
FR  Federal Register
GSA  General Services Administration
NEPA  National Environmental Policy Act
NHPA  National Historic Preservation Act
SEO  Senior Environmental Official
OGC  Office of the General Counsel
PPO  Planetary Protection Office
REC  Record of Environmental Consideration
ROD  Record of Decision
U.S.C.  United States Code

                               Definitions

1. A2 Mission Multiple--The A2 Mission Multiple is a calculated value 
based on the total amount of radioactive material being launched. This 
value is used in defining the

[[Page 108]]

level of review and approval required for launch.
2. Earth Return Mission (also known as a Sample Return)--A subcategory 
of missions that would collect extraterrestrial materials from solar 
system bodies and return them to Earth.
3. NASA Senior Environmental Official--The Senior NASA Headquarters 
Official responsible for providing executive and functional leadership 
for environmental compliance. As of January 1, 2011, the SEO is the 
Assistant Administrator for Strategic Infrastructure.
4. Record of Environmental Consideration--A brief document that is used 
to describe a proposed action, identify the applicable categorical 
exclusion, and explain why further environmental analysis is not 
required.
5. Restricted Earth Return--A subcategory of Earth Return Missions which 
requires additional measures to ensure that any potential indigenous 
life form would be contained so that it could not impact humans or 
Earth's environment.
6. Space Flight Projects/Programs--Those NASA actions that develop 
products intended for use in space and/or that support ground and space 
operations for products in space.
7. Unrestricted Earth Return--NASA Procedural Requirements define this 
as a subcategory of Earth Return Missions that would collect 
extraterrestrial materials from solar system bodies (deemed by 
scientific opinion to have no indigenous life forms) and return those 
samples to Earth. No planetary protection measures are required for the 
inbound (return to Earth) phase of the mission.



PART 1217_DUTY-FREE ENTRY OF SPACE ARTICLES--Table of Contents



Sec.
1217.100  Scope.
1217.101  Applicability.
1217.102  Background.
1217.103  Authority to certify.
1217.104  Certification forms.
1217.105  Procedures.
1217.106  Articles brought into the United States by NASA from space.

    Authority: 51 U.S.C. 20113; Proclamation No. 6780 of March 23, 1995, 
60 FR 15845.

    Source: 62 FR 6467, Feb. 12, 1997, unless otherwise noted.



Sec. 1217.100  Scope.

    This part sets forth policy and procedures with respect to the use 
of the NASA's authority to certify to the U.S. Commissioner of Customs 
duty-free entry of articles into the United States for the use of NASA 
or for implementation of a NASA international program, including 
articles that will be launched into space, spare parts for such 
articles, ground support equipment, or uniquely associated equipment for 
use in connection with a NASA international program or launch service 
agreement. This part also sets forth NASA's procedures with respect to 
the use of its authority to bring foreign-owned articles and articles 
from space into the customs territory of the United States, and 
describes the nonimport status of such articles.



Sec. 1217.101  Applicability.

    This part applies to qualifying articles entered or withdrawn from 
warehouse for consumption in the customs territory of the United States, 
and to articles brought into the customs territory of the United States 
by NASA from space or from foreign country as part of the NASA 
international program.



Sec. 1217.102  Background.

    In order to encourage and facilitate the use of NASA's launch 
services for the exploration and use of space, section 116 of Public Law 
97-446 provided for the duty-free entry into the United States of 
certain articles imported by NASA for its space-related activities or 
articles imported by another person or entity for the purpose of meeting 
its obligations under a launch services agreement with NASA. Such 
articles were certified by NASA to the Commissioner of Customs for duty-
free entry to be launched into space or space parts or necessary and 
uniquely associated support equipment for use in connection with a 
launch into space. This exemption from duty was provided for in 
Subheading 9808.00.80, Harmonized Tariff Schedule of the United States 
(HTSUS) (19 U.S.C. 1202). Also, HTSUS, Chapter VIII, U.S. note 1, 
pursuant to the same law, provided that return of articles by NASA from 
space to the United States would not be considered an importation, and 
similarly not be subject to a duty.

[[Page 109]]

    As a result of the Uruguay Round agreements of the 1994 General 
Agreement on Tariffs and Trade, this authority was revised and expanded 
in scope. It now provides that imports of articles for NASA's use and 
articles imported to implement NASA's international programs, including 
articles to be launched into space, parts thereof, ground support 
equipment, and uniquely associated equipment for use in connection with 
NASA's international programs and launch service agreements would be 
eligible for duty-free customs entry upon certification by NASA to the 
Commissioner of Customs. The revised authorities also provided, in U.S. 
note 1 to subchapter VIII of chapter 98 of the HTSUS, that articles 
brought into the customs territory of the United States by NASA from 
space or from a foreign country as part of a NASA's international 
programs would not be considered imports or subject to customs entry 
requirements.



Sec. 1217.103  Authority to certify.

    (a) The following NASA officials, their deputies, and designees 
within their respective organizations are authorized, under the 
conditions described herein, to make the certification to the 
Commissioner of Customs required for the duty-free entry of space 
articles pursuant to subheading HTSUS 9808.00.80.
    (1) The NASA Assistant Administrator for Procurement is authorized 
to issue the certification for articles imported into the United States 
which are procured by NASA or by other U.S. Government agencies, or by 
U.S. Government contractors or subcontractors when title to the articles 
is or will be vested in the U.S. Government pursuant to the terms of the 
contract or subcontract. Requests for certification should be sent to: 
Office of Procurement, Attn: Director, Contract and Grant Policy 
Division, National Aeronautics and Space Administration, Washington, DC 
20546.
    (2) The NASA Associate Administrator for International and 
Interagency Relations is authorized to issue the certification for 
articles imported into the United States pursuant to international 
agreements. Requests for certification should be sent to: Office of 
International and Interagency Relations, Attn: Director, Export Control 
and Interagency Liaison Division, National Aeronautics and Space 
Administration, Washington, DC 20546.
    (3) The NASA Associate Administrator for Human Exploration and 
Operations is authorized to issue the certification for articles 
imported into the United States by persons or entities under agreements 
other than those identified in paragraphs (a)(1) and (a)(2) of this 
section, including launch services agreements. Requests for 
certification should be sent to: Human Exploration and Operations 
Mission Directorate, Attn: Director, International Space Station Office, 
National Aeronautics and Space Administration, Washington, DC 20546.
    (b) Each certification by the officials identified in paragraphs 
(a)(1), (a)(2), and (a)(3) of this section shall receive the concurrence 
of the Office of the General Counsel.
    (c) Subject to procedures established by the officials identified in 
paragraphs (a)(1), (a)(2), or (a)(3) of this section, as appropriate, 
the Center Procurement Officer or a Program Manager at a NASA 
Installation who is designated by an official identified in paragraphs 
(a)(1), (a)(2), or (a)(3) of this section may make the certification to 
the Commissioner of Customs required for the duty-free entry of space 
articles pursuant to subheading HTSUS 9808.00.80. Such procedures shall 
include the following requirements:
    (1) All such certifications by designated Procurement Officers or 
Program Managers shall receive the concurrence of the Chief Counsel of 
the issuing NASA Installation; and
    (2) All such certifications by designated Procurement Officers or 
Program Managers shall be promptly reported to an official identified in 
paragraphs (a)(1), (a)(2), or (a)(3) of this section, as appropriate.

[62 FR 6467, Feb. 12, 1997, as amended at 80 FR 45865, Aug. 3, 2015]



Sec. 1217.104  Certification forms.

    To the extent an authorized NASA official approves a request for 
certification, that official shall sign a certificate in the following 
form:

[[Page 110]]

    (a) For articles procured by NASA, a Customs Service Form CF 7501 
(Entry Summary) shall be completed, and the following certification 
shall be used:

     Articles for the National Aeronautics and Space Administration

    Item 9808.00.80, Harmonized Tariff Schedule of the United States

Program:________________________________________________________________

    I hereby certify that the articles identified in [attached invoice] 
are being imported for the use of the National Aeronautics and Space 
Administration (NASA) in accordance with 9808.00.80, Harmonized Tariff 
Schedule of the United States.

Name____________________________________________________________________

Date____________________________________________________________________

    (b) For articles imported by NASA to implement international 
programs of NASA to which NASA will take title, or which remain the 
property of foreign entities under such programs, no entry is required 
pursuant to U.S. note 1 to HTSUS subchapter VIII of chapter 98. For such 
articles, the following certification shall be used:

Articles for Use in an International Program of the National Aeronautics 
                        and Space Administration

    Item 9808.00.80, Harmonized Tariff Schedule of the United States

Program:________________________________________________________________

Foreign Owner(s) (if applicable):_______________________________________

    In accordance with subheading 9808.00.80 and U.S. note 1 to 
subchapter VIII of chapter 98, Harmonized Tariff Schedule of the United 
States, I hereby certify that the above-described shipment is being 
brought into the customs territory of the United States as part of an 
international program of the National Aeronautics and Space 
Administration (NASA). No CF 7501 entry is required for this shipment. 
All articles contained in this shipment are, and shall remain, the 
property of NASA or of the foreign entities identified above. Except for 
articles consumed in the execution of the above-described Program, none 
of these articles will be made available for sale or other disposition 
to persons or institutions not directly involved in the Program 
identified above.

Name____________________________________________________________________

Date____________________________________________________________________

    (c) A blanket certificate for a series of imports under a specific 
NASA international program or procurement is authorized but shall 
require written verification by a NASA official designated by a Director 
of a receiving NASA Installation that the articles received meet the 
conditions of the certificate. The blanket certificate shall be in the 
form of the certifications set forth in paragraphs (a) or (b) of this 
section, as appropriate, but shall include the following paragraph at 
the end thereof:

    Before this certification is used to obtain duty-free entry of these 
articles, a cognizant NASA official at the receiving NASA Installation, 
who is designated by the Installation Director, shall verify in writing 
that specifically identified articles to be entered on a particular date 
are the articles described in this certificate or its attachments. This 
verification and this certification shall be presented to the U.S. 
Customs Service at the time entry for the particular articles is sought.

Name____________________________________________________________________

Date____________________________________________________________________

    With respect to articles represented to be: procurements by NASA; or 
imports to implement international programs of NASA to which NASA will 
take title, or foreign-owned articles for use in a NASA international 
program, the NASA official issuing the blanket certificate shall review 
the proposed articles and approve their eligibility for duty-free entry. 
A description of these articles shall either be referred to in the 
blanket certificate and provided in Form CF 7501 (Entry Summary) for 
procurements or attached to the certificate for imports to implement 
NASA international programs, as appropriate.



Sec. 1217.105  Procedures.

    (a) Requests for certification shall be forwarded to an appropriate 
NASA official or designee as provided for in Sec. 1217.103 of this part.
    (b) Each request for certification shall be accompanied by:
    (1) A proposed certificate as provided for in Sec. 1217.104 of this 
part;
    (2) The information and documentation required by 19 CFR 10.102(a), 
including invoice documentation or a description of covered articles; 
and
    (3) The anticipated date of entry of entry and port of entry for 
each article. If the article is to be transported

[[Page 111]]

in bond from the port of arrival to another port of entry in the United 
States, identify both ports.
    (c) The signed certificate and its attachment(s) will be forwarded 
to the NASA Installation responsible for duty-free entry of the 
materials, unless issued at such Installation by an authorized official 
in accordance with Sec. 1217.103(c) of this part. These documents shall 
be presented to an appropriated Customs official at the port(s) of 
entry. The procedures specified in 19 CFR 10.102 will be followed by the 
NASA Installation in obtaining duty-free entry at the Customs port(s) of 
entry. The NASA Installation should ensure that, at the time the 
articles are to be released after Customs entry, the custody of the 
imported articles is transferred directly from the carrier or from the 
U.S. Customs Service to the NASA Installation, its agent, or the launch 
service customer in the case of a Launch and Associated Services 
Agreement.
    (d) If articles procured under contract by NASA are imported prior 
to compliance with these procedures and it is essential that the 
articles be released from Customs custody prior to such compliance, the 
procedures outlined in 19 CFR 10.101 may be followed by cognizant NASA 
officials to secure the release of the articles from Customs custody. To 
the extent applicable, the procedures in Sec. 1217.105 of this part 
shall be followed when time permits to obtain duty-free entry for the 
articles released from Customs custody.



Sec. 1217.106  Articles brought into the United States by NASA from space.

    Pursuant to U.S. note 1 subchapter VIII of chapter 98, HTSUS, 
articles brought into the customs territory of the United States by NASA 
from space shall not be considered an importation, and no certification 
or entry of such materials through U.S. Customs shall be required. This 
provision is applicable to articles brought to the U.S. from space 
whether or not the articles were launched into space aboard a NASA 
vehicle.



PART 1221_THE NASA SEAL AND OTHER DEVICES, AND THE CONGRESSIONAL SPACE
MEDAL OF HONOR--Table of Contents



  Subpart 1221.1_NASA Seal, NASA Insignia, NASA Logotype, NASA Program 
Identifiers, NASA Flags, and the Agency's Unified Visual Communications 
                                 System

Sec.
1221.100  Scope.
1221.101  Policy.
1221.102  Establishment of the NASA Seal.
1221.103  Establishment of the NASA Insignia.
1221.104  Establishment of the NASA Logotype.
1221.105  Establishment of the NASA Program Identifiers.
1221.106  Establishment of the NASA Flag.
1221.107  Establishment of the NASA Administrator's, Deputy 
          Administrator's, and Associate Deputy Administrator's Flags.
1221.108  Establishment of the NASA Unified Visual Communications 
          System.
1221.109  Use of the NASA Seal.
1221.110  Use of the NASA Insignia.
1221.111  Use of the NASA Logotype.
1221.112  Use of the NASA Program Identifiers.
1221.113  Use of the NASA Flags.
1221.114  Approval of new or change proposals.
1221.115  Violations.
1221.116  Compliance and enforcement.

          Subpart 1221.2_The Congressional Space Medal of Honor

1221.200  Scope.
1221.201  Basis for award of the medal.
1221.202  Description of the medal.
1221.203  Nominations.
1221.204  Proceedings of the NASA Incentive Awards Board.

Appendix A to Part 1221--Congressional Space Medal of Honor



  Subpart 1221.1_NASA Seal, NASA Insignia, NASA Logotype, NASA Program 
Identifiers, NASA Flags, and the Agency's Unified Visual Communications 
                                 System

    Authority: 42 U.S.C. 2472(a) and 2473(c)(1).

    Source: 58 FR 58944, Nov. 5, 1993, unless otherwise noted.

[[Page 112]]



Sec. 1221.100  Scope.

    This subpart sets forth the policy governing the use of the NASA 
Seal, the NASA Insignia, NASA Logotype, NASA Program Identifiers, and 
the NASA Flags. This subpart also establishes and sets forth the concept 
and scope of the NASA Unified Visual Communications System and 
prescribes the policy and guidelines for implementation of the system.



Sec. 1221.101  Policy.

    (a) The NASA Seal, the NASA Insignia, NASA Logotype, NASA Program 
Identifiers, the NASA Flags, and the Agency's Unified Visual 
Communications System, as prescribed in Sec. 1221.102 through 
Sec. 1221.108 of this subpart, shall be used exclusively to represent 
NASA, its programs, projects, functions, activities, or elements. The 
use of any devices other than those provided by or subsequently approved 
in accordance with the provisions of this subpart is prohibited.
    (b) The use of the devices prescribed in this section shall be 
governed by the provisions of this subpart. The use of the devices 
prescribed in this section for any purpose other than as authorized by 
this subpart is prohibited. Their misuse shall be subject to the 
penalties authorized by statute, as set forth in Sec. 1221.115 and shall 
be reported as provided in Sec. 1221.116.
    (c) Any proposal for a new NASA Insignia, NASA Logotype, NASA 
Program Identifier, or for modification to those prescribed in this 
section shall be processed in accordance with Sec. 1221.114.



Sec. 1221.102  Establishment of the NASA Seal.

    The NASA Seal was established by Executive Order 10849 (24 FR 9559), 
November 27, 1959, as amended by Executive Order 10942 (24 FR 4419), May 
22, 1961. The NASA Seal, established by the President, is the Seal of 
the Agency and symbolizes the achievements and goals of NASA and the 
United States in aeronautical and space activities. The NASA Seal shall 
be used as set forth in Sec. 1221.109.

[[Page 113]]

[GRAPHIC] [TIFF OMITTED] TC09SE91.009



Sec. 1221.103  Establishment of the NASA Insignia.

    The NASA Insignia was designed by the Army Institute of Heraldry and 
approved by the Commission of Fine Arts and the NASA Administrator. It 
symbolizes NASA's role in aeronautics and space and is established by 
the NASA Administrator as the signature and design element for visual 
communications formerly reserved for the NASA Logotype. The NASA 
Insignia shall be used as set forth in Sec. 1221.110, the NASA Graphics 
Standards Manual, NASA Insignia Standards Supplement, and any related 
NASA directive or specification approved by the NASA Administrator and 
published subsequent hereto.

[[Page 114]]

[GRAPHIC] [TIFF OMITTED] TC09SE91.010



Sec. 1221.104  Establishment of the NASA Logotype.

    The NASA Logotype was approved by the Commission of Fine Arts and 
the NASA Administrator. It symbolizes NASA's role in aeronautics and 
space from 1975 to 1992 and has been retired.

[[Page 115]]

The NASA Logotype shall be used as set forth in Sec. 1221.111.
[GRAPHIC] [TIFF OMITTED] TC09SE91.011



Sec. 1221.105  Establishment of NASA Program Identifiers.

    A separate and unique identifier may be designed and approved in 
connection with or in commemoration of a major NASA program. Each 
approved identifier shall be officially identified by its title such as 
``Apollo,'' ``Skylab,'' ``Viking,'' ``Space Shuttle,'' ``Space 
Station,'' or a major NASA anniversary. NASA Program Identifiers shall 
be used as set forth in Sec. 1221.112 pursuant to approval as set forth 
in Sec. 1221.114.



Sec. 1221.106  Establishment of the NASA Flag.

    The NASA Flags for interior and exterior use were created by the 
NASA Administrator in January 1960. Complete design, size, and color of 
the NASA interior and exterior flags for manufacturing purposes are 
detailed in U.S. Army QMG Drawing 5-1-269, revision September 14, 1960. 
The NASA Flags shall be used as set forth in Sec. 1221.113.

[[Page 116]]

[GRAPHIC] [TIFF OMITTED] TC09SE91.012



Sec. 1221.107  Establishment of the NASA Administrator's, 
Deputy Administrator's, and Associate Deputy Administrator's Flags.

    (a) Concurrently with the establishment of the NASA Flag in January 
1960, the NASA Administrator also established NASA Flags to represent 
the NASA Administrator, Deputy Administrator, and Associate Deputy 
Administrator. Each of these flags conforms to the basic design of the 
NASA Flag except for the following:
    (1) The size of the flag is 3 feet  x  4 feet;
    (2) The Administrator's Flag has four stars;

[[Page 117]]

    (3) The Deputy Administrator's Flag has three stars; and
    (4) The Associate Deputy Administrator's Flag has two stars.
    (b) Flags representing these senior officials shall be used as set 
forth in Sec. 1221.113.



Sec. 1221.108  Establishment of the NASA Unified Visual Communications
System.

    (a) The NASA Administrator directed the establishment of a NASA 
Unified Visual Communications System. The system was developed under the 
Federal Design Improvement Program initiated by the President in May 
1972. This system is the Agencywide program by which NASA projects a 
contemporary, business-like, progressive, and forward-looking image 
through the use of effective design for improved communications. The 
system provides a professional and cohesive NASA identity by imparting 
continuity of graphics design in all layout, reproduction art, 
stationery, forms, publications, signs, films, video productions, 
vehicles, aircraft, and spacecraft markings and other items. It creates 
a unified image which is representative and symbolic of NASA's 
progressive attitudes and programs.
    (b) The Associate Administrator for Public Affairs is responsible 
for the development and implementation of the NASA Unified Visual 
Communications System. With the development of the NASA Unified Visual 
Communications System, the Office of Public Affairs at NASA Headquarters 
created the NASA Graphics Standards Manual and the NASA Insignia 
Standards Supplement which are the official guides for the use and 
application of the NASA Insignia and the NASA Unified Visual 
Communications System.
    (c) The Associate Administrator for Public Affairs, NASA 
Headquarters, has designated a NASA Graphics Coordinator to implement 
and monitor Agencywide design improvements in consonance with the NASA 
Graphics Standards Manual, the NASA Insignia Standards Supplement, and 
the NASA Unified Visual Communications System. The NASA Graphics 
Coordinator will develop and issue changes and additions to the manual 
as required and as new design standards and specifications are developed 
and approved. Copies of the NASA Graphics Standards Manual and the NASA 
Insignia Standards Supplement may be obtained directly from the NASA 
Graphics Coordinator, Office of Public Affairs, NASA Headquarters.
    (d) The Director of each Field Installation has designated an 
official to serve as Graphics Coordinator for his/her Installation. The 
Director, HQ Operations Division, has designated an official to serve as 
the Headquarters Graphics Coordinator. Any changes in these assignments 
shall be reported to the NASA Graphics Coordinator, NASA Headquarters, 
Code POS.
    (e) Graphics Coordinators are responsible for ensuring compliance 
with the NASA Graphics Standards Manual, the NASA Insignia Standards 
Supplement, and the NASA Unified Visual Communications System for their 
respective Installations.



Sec. 1221.109  Use of the NASA Seal.

    (a) The Associate Deputy Administrator shall be responsible for 
custody of the NASA Impression Seal and custody of NASA replica 
(plaques) seals. The NASA Seal is restricted to the following:
    (1) NASA award certificates and medals.
    (2) NASA awards for career service.
    (3) Security credentials and employee identification cards.
    (4) NASA Administrator's documents; the Seal may be used on 
documents such as interagency or intergovernmental agreements and 
special reports to the President and Congress, and on other documents, 
at the discretion of the NASA Administrator.
    (5) Plaques; the design of the NASA Seal may be incorporated in 
plaques for display in Agency auditoriums, presentation rooms, lobbies, 
offices of senior officials, and on the fronts of buildings occupied by 
NASA. A separate NASA seal in the form of a 15-inch, round, bronze-
colored plaque on a walnut-colored wood base is also available, but 
prohibited for use in the above representational manner. It is 
restricted to use only as a presentation item by the Administrator and 
the Deputy Administrator.

[[Page 118]]

    (6) The NASA Flag and the NASA Administrator's, Deputy 
Administrator's, and Associate Deputy Administrator's Flags, which 
incorporate the design of the Seal.
    (7) NASA prestige publications which represent the achievements or 
missions of NASA as a whole.
    (8) Publications (or documents) involving participation by another 
Government agency for which the other Government agency has authorized 
the use of its seal.
    (b) Use of the NASA Seal for any purpose other than as prescribed in 
this section is prohibited, except that the Associate Deputy 
Administrator may authorize, on a case-by-case basis, the use of the 
NASA Seal for purposes other than those prescribed when the Associate 
Deputy Administrator deems such use to be appropriate.



Sec. 1221.110  Use of the NASA Insignia.

    The NASA Insignia is authorized for use on the following:
    (a) NASA articles. (1) NASA letterhead stationary.
    (2) Films, videotapes, and sound recordings produced by or for NASA.
    (3) Wearing apparel and personal property items used by NASA 
employees in the performance of their duties.
    (4) Required uniforms of contractor employees when performing public 
affairs, guard or fire protection duties, and similar duties within NASA 
Installations or at other assigned NASA duty stations, and on any 
required contractor-owned vehicles used exclusively in the performance 
of these duties, when authorized by NASA contracting officers.
    (5) Spacecraft, aircraft, automobiles, trucks and similar vehicles 
owned by, leased to, or contractor-furnished to NASA, or produced for 
NASA by contractors, but excluding NASA-owned vehicles used and operated 
by contractors for the conduct of contractor business.
    (6) Equipment and facilities owned by, leased to, or contractor-
furnished to NASA, such as machinery, major tools, ground handling 
equipment, office and shop furnishings (if appropriate), and similar 
items of a permanent nature, including those produced for NASA by 
contractors.
    (7) NASA publications, including pamphlets, brochures, manuals, 
handbooks, house organs, bulletins, general reports, posters, signs, 
charts, exhibits, and items of similar nature for general use, as 
specified in the NASA Graphics Standards Manual and the NASA Insignia 
Standards Supplement.
    (8) Briefcases or dispatch cases issued by NASA.
    (9) Certificates covering authority to NASA and contractor security 
personnel to carry firearms.
    (10) NASA occupied buildings when the use of the NASA Insignia is 
more appropriate than use of the NASA Seal.
    (b) Personal articles--NASA employees. (1) Business calling cards of 
NASA employees may carry the imprint of the NASA Insignia.
    (2) Limited usage on automobiles. If determined appropriate by the 
cognizant Installation official, it is acceptable to place a NASA 
Insignia sticker on personal automobiles where such identification will 
facilitate entry or control of such vehicles at NASA Installations or 
parking areas.
    (3) Personal items used in connection with NASA employees' 
recreation association activities.
    (4) Items for sale through NASA employees' nonappropriated fund 
activities subject to paragraph (c) of this section.
    (5) NASA employees shall not use the NASA Insignia in any manner 
that would imply that NASA endorses a commercial product, service, or 
activity or that material of a nonofficial nature represents NASA's 
official position.
    (c) Miscellaneous articles. (1) The manufacture and commercial sale 
of the NASA Insignia as a separate and distinct device in the form of an 
emblem, patch, insignia, badge, decal, vinylcal, cloth, metal, or other 
material which would preclude NASA's control over its use or application 
is prohibited.
    (2) Use of the NASA Uniform Patches, which incorporate the NASA 
Insignia, is authorized only as prescribed in the NASA Graphics 
Standards Manual and the NASA Insignia Standards Supplement, for NASA 
personnel and NASA contractor personnel identification.

[[Page 119]]

    (3) No approval for use of the NASA Insignia will be authorized when 
its use can be construed as an endorsement by NASA of a product or 
service.
    (4) Items bearing the NASA Insignia such as souvenirs, novelties, 
toys, models, clothing, and similar items (including items for sale 
through the NASA employees' nonappropriated fund activities) may be 
manufactured and sold only after the NASA Insignia application has been 
submitted to, and approved by, the Associate Administrator for Public 
Affairs, or designee, NASA Headquarters, Washington, DC 20546.
    (d) Use of the NASA Insignia for any other purpose than as 
prescribed in this section is prohibited, except that the Associate 
Administrator for Public Affairs may authorize on a case-by-case basis 
the use of the NASA Insignia for other purposes when the Associate 
Administrator for the Public Affairs deems such use to be appropriate.



Sec. 1221.111  Use of the NASA Logotype.

    The NASA Logotype has been retired and is used only in an authentic 
historical context, and only with prior written approval of the NASA 
Administrator.



Sec. 1221.112  Use of the NASA Program Identifiers.

    (a) Official NASA Program Identifiers will be restricted to the uses 
set forth in this section and to such other uses as the Associate 
Administrator for Public Affairs may specifically approve.
    (b) Specific approval is given for the following uses:
    (1) Use of exact reproductions of a badge in the form of a patch 
made of cloth or other material, or a decal, or a gummed sticker on 
articles of wearing apparel and personal property items; and
    (2) Use of exact renderings of a badge on a coin, medal, plaque, or 
other commemorative souvenirs.
    (c) The manufacture and sale or free distribution of identifiers for 
the uses approved or that may be approved under paragraphs (a) and (b) 
of this section are authorized.
    (d) Portrayal of an exact reproduction of a badge in conjunction 
with the advertising of any product or service will be approved on a 
case-by-case basis by the Associate Administrator for Public Affairs.
    (e) The manufacture, sale, or use of any colorable imitation of the 
design of an official NASA Program Identifier will not be approved.



Sec. 1221.113  Use of the NASA Flags.

    (a) The NASA Flag is authorized for use only as follows:
    (1) On or in front of NASA buildings.
    (2) At NASA ceremonies.
    (3) At conferences (including display in NASA conference rooms).
    (4) At governmental or public appearances of NASA executives.
    (5) In private offices of senior officials.
    (6) As otherwise authorized by the NASA Administrator or designee.
    (7) The NASA Flag must be displayed with the United States Flag. 
When the United States Flag and the NASA Flag are displayed on a 
speaker's platform in an auditorium, the United States Flag must occupy 
the position of honor and be placed at the speaker's right as the 
speaker faces the audience, with the NASA Flag at the speaker's left.
    (b) The NASA Administrator's, Deputy Administrator's and Associate 
Deputy Administrator's Flags shall be displayed with the United States 
Flag in the respective offices of these officials but may be temporarily 
removed for use at the discretion of the officials concerned.



Sec. 1221.114  Approval of new or change proposals.

    (a) Except for NASA Astronaut Mission Crew Badges/Patches, any 
proposal to change or modify the emblematic devices set forth in this 
subpart or to introduce a new emblematic device other than as prescribed 
in this subpart requires the written approval of the NASA Administrator 
with prior approval and recommendation of the Director, Public Services 
Division.
    (b) In addition to the written approval of the NASA Administrator, 
any proposal for a new or for a modification to the design of the NASA 
Insignia may also be submitted to the Commission of Fine Arts for its 
advice as to the merit of the design. If approved in writing by the NASA 
Administrator

[[Page 120]]

and advice received from the Commission of Fine Arts, the NASA Insignia 
and the use of such NASA Insignia must be prescribed in this subpart and 
published in the Federal Register.
    (c) Proposals to establish, change, or modify NASA Astronaut Crew 
Mission Badges/Patches requires the written approval of the Director, 
Flight Crew Operations, Johnson Space Center; Center Director, Johnson 
Space Center; and the Associate Administrator for Space Flight. Decals/
patches/badges may be produced as soon as the approval cycle is 
completed.



Sec. 1221.115  Violations.

    (a) NASA Seal. Any person who uses the NASA Seal in a manner other 
than as authorized in this subpart shall be subject to the provisions of 
Title 18 U.S.C. 1017.
    (b) NASA Insignia, NASA Logotype, and NASA Program Identifiers. Any 
person who uses the NASA Insignia, NASA Logotype, or NASA Program 
Identifier in a manner other than as authorized in this subpart shall be 
subject to the provisions of title 18 U.S.C. 701.



Sec. 1221.116  Compliance and enforcement.

    In order to ensure adherence to the authorized uses of the NASA 
Seal, the NASA Insignia, the NASA Logotype, NASA Program Identifiers, 
and the NASA Flags as provided, in this subpart, a report of each 
suspected violation of this subpart (including the use of unauthorized 
NASA Insignias) or of questionable usages of the NASA Seal, the NASA 
Insignia, the NASA Logotype, NASA Program Identifiers, or the NASA 
Flags, shall be submitted to the Inspector General, NASA Headquarters, 
in accordance with NASA Management Instruction 9810.1, ``The NASA 
Investigations Program.''



          Subpart 1221.2_The Congressional Space Medal of Honor

    Authority: Pub. L. 91-76, September 29, 1969.

    Source: 43 FR 15624, Apr. 14, 1978, unless otherwise noted.



Sec. 1221.200  Scope.

    This subpart establishes procedures for nominating an astronaut for 
the Congressional Space Medal of Honor.



Sec. 1221.201  Basis for award of the medal.

    (a) The standard of award for the Congressional Space Medal of Honor 
is established by Pub. L. 91-76 (42 U.S.C. 2461) which provides that the 
President may award the Medal to any ``astronaut who in the performance 
of his duties has distinguished himself by exceptionally meritorious 
efforts and contributions to the welfare of the Nation and of mankind.''
    (b) Only one Congressional Space Medal of Honor may be awarded to a 
person. However, for each succeeding act that would otherwise justify 
the award of the Medal, the President may award a suitable bar or other 
device.
    (c) The Medal may be awarded to any person who is or has been 
designated to travel in space and who has distinguished himself or 
herself while undertaking duties in preparation for, execution of, or 
subsequent to, but in connection with, a space flight.
    (d) The Medal may be awarded for actions occurring before the 
effective date of this subpart 1221.2, and, when appropriate, 
posthumously.



Sec. 1221.202  Description of the medal.

    The description of the Congressional Space Medal of Honor, which was 
designed by the Institute of Heraldry, U.S. Army, is set forth in 
appendix A to this subpart. Each person awarded the Medal also shall 
receive a citation describing the basis for the award.



Sec. 1221.203  Nominations.

    (a) Formal nominations for award of the Congressional Space Medal of 
Honor on behalf of NASA will be made by the Administrator to the 
President.
    (b) Any person may recommend to the Administrator that an astronaut 
be nominated for award of the Medal. Such a recommendation must be in 
writing, and must describe in concise detail the events believed to 
warrant award of the Medal. The recommendation should, if appropriate, 
be accompanied by supporting documentation,

[[Page 121]]

such as eyewitness statements, extracts from official records, sketches, 
photographs, etc.
    (c) All recommendations for nominations submitted to the 
Administrator or made on his own initiative will be referred to the NASA 
Incentive Awards Board for the purpose of investigating and making 
findings of fact and giving advice to the Administrator.
    (d) Any recommendation involving an astronaut who is a member of the 
armed services on active duty or who is employed by another agency of 
the Federal Government but temporarily assigned or detailed to NASA 
shall also be transmitted to the Secretary of Defense or the head of the 
employing agency, as appropriate, for his or her recommendation.
    (e) The Administrator will forward to the President his 
recommendation, and that of the astronaut's employing agency, as 
appropriate.



Sec. 1221.204  Proceedings of the NASA Incentive Awards Board.

    The NASA Incentive Awards Board shall thoroughly consider the facts 
giving rise to a recommendation for nomination and shall prepare a 
report for the Administrator. The Board should, to the extent 
practicable, coordinate its efforts with those of the astronaut's 
employing agency, as appropriate. Its final report must take into 
account any pertinent information submitted by the employing agency.



    Sec. Appendix A to Part 1221--Congressional Space Medal of Honor

                                 Obverse

                               description

    A circular green enamel wreath of laurel surmounted by a five-
pointed gold star (with vertical point downward) and issuing from 
between each point a gold flame, the star surmounted by a light blue 
enamel cloud bank with five lobes edged in gold bearing a five-pointed 
dark blue enamel star fimbriated gold and charged in center with a 
diamond; standing upon the wreath at top center a gold eagle with wings 
displayed.

                                symbolism

    The laurel wreath, a symbol of great achievement, with the 
overlapping star points, simulates space vehicles moving to greater 
accomplishments through space. The flames signify the dynamic energy of 
the rocket era and the imagination of the men in the space program of 
the United States. The stylized glory cloud alludes to the glory in the 
coat of arms of the United States and to the high esteem of the award. 
The dark blue voided star symbolizes the vast mysteries of outer space 
while the brilliancy of the feat is represented by a diamond. The eagle 
with wings raised in the spirit of peace represents man's first landing 
on another planet.

                                 Reverse

                               description

    The reverse bears in center the inscription ``CONGRESSIONAL'' 
arranged in a semicircle above the inscription ``SPACE MEDAL PRESENTED 
TO''; in base is space for the name of the recipient and the date all 
within an outer circle of fifty stars.

                            Suspension Ribbon

                               description

    A ribbon 1\3/8\ inches in width consisting of the following vertical 
stripes: gold \1/16\ inch, dark blue \1/4\ inch, light blue \9/32\ inch, 
white \1/16\ inch, red \1/16\ inch, white \1/16\ inch, light blue \9/32\ 
inch, dark blue \1/4\ inch, gold \1/16\ inch.

                          cable nos. of colors
Gold......................................  65021 (old gold).
Dark Blue.................................  70076 (independence blue).
Blue......................................  65014 (light blue).
Red.......................................  65006 (scarlet).
White.....................................  65005.
 

                                symbolism

    The scarlet center line on the white band symbolizes the courage of 
the astronauts in the nation's manned space program and the fire power 
of rockets that carry the crew through the earth's atmosphere (light 
blue); the light blue is the same color as the chief of the shield of 
the coat of arms of the United States which appears on the President's 
flag. The dark blue symbolizes the hostile environment of space, the 
gold edge representing success and accomplishment. Red, white and blue 
are also the national colors of the United States.

                                Miniature

                               description

    A one-half size replica of the medal and suspension ribbon 
approximately 2\5/16\ inches in overall length.

                              Lapel Emblem

                               description

    A miniature of the obverse of the medal, \9/16\ inch in diameter, 
all gold with a diamond in center.

[[Page 122]]

                                 Rosette

                               description

    One-half inch in diameter in the colors of the ribbon.



PART 1230_PROTECTION OF HUMAN SUBJECTS--Table of Contents



Sec.
1230.101  Scope.
1230.102  Applicability.
1230.103  Policy.

    Authority: 5 U.S.C. 301; 45 CFR part 46.

    Source: 79 FR 76059, Dec. 16, 2014, unless otherwise noted.



Sec. 1230.101  Scope.

    This Part establishes general policy for the protection of human 
subjects, which is of primary importance in the conduct of any human 
research, as specified under 5 U.S.C. 301; 45 CFR part 46, subpart A.



Sec. 1230.102  Applicability.

    This Part applies to NASA Headquarters and NASA Centers, including 
Component Facilities, and Technical and Service Support Centers for all 
research involving humans subjects conducted, supported, or otherwise 
subject to regulations by any Federal department or agency which takes 
appropriate administrative action to make the policy applicable to such 
research.



Sec. 1230.103  Policy.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with 45 CFR part 46, subpart A, Protection of Human 
Subjects, which applies to all research conducted involving human 
subjects. To implement the provisions of 45 part 46, subpart A, NASA 
promulgated the following internal policies and requirements:
    (a) NPD 7100.8, Protection of Human Research Subjects, describes the 
Agency's policy for human research conducted or supported, whether on 
the ground, in aircraft, or in space. NPD 7100.8 can be accessed at 
http://nodis3.gsfc.nasa.gov/; and
    (b) NPR 7100.1, Protection of Human Research Subjects, describes the 
requirements for the Agency to conduct or support research involving 
human subjects. NPR 7100.1 can be accessed at http://
nodis3.gsfc.nasa.gov/.



PART 1232_CARE AND USE OF ANIMALS IN THE CONDUCT OF NASA ACTIVITIES
--Table of Contents



Sec.
1232.100  Scope.
1232.101  Applicability.
1232.102  Policy.

    Authority: 51 U.S.C. 20102, 51 U.S.C. 20113; Pub. L. 89-544, as 
amended; 7 U.S.C. 2131; 39 U.S.C. 3001; and Pub. L. 99-158, Sec. 495.

    Source: 78 FR 76059, Dec. 16, 2014, unless otherwise noted.



Sec. 1232.100  Scope.

    This part establishes general policy for the care and use of 
vertebrate animals in the conduct of NASA activities.



Sec. 1232.101  Applicability.

    This part applies to NASA Headquarters and NASA Centers, including 
Component Facilities, and Technical and Service Support Centers and will 
be followed in all activities using animal subjects that are supported 
by NASA and conducted in NASA facilities, aircraft, or spacecraft, or 
activities, using animal subject conducted under a contract, grant, 
cooperative agreement, memorandum of understanding, or joint endeavor 
agreement entered into by NASA and another Government agency, private 
entity, non-Federal public entity, or foreign entity which are included 
within the scope of this part.



Sec. 1232.102  Policy.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with the Animal Welfare Act of 1966 (Pub. L. 89-544) 
which requires that minimum standards of care and treatment be provided 
for certain animals bred for use in research. To implement the 
provisions of this Act, NASA promulgated the following internal policies 
and requirements:
    (a) NASA Policy Directive (NPD) 8910.1, Care and Use of Animals, 
describes the policy and responsibilities for conducting activities 
involving

[[Page 123]]

vertebrate animals. NPD 8910.1 is accessible at http://
nodis3.gsfc.nasa.gov/; and
    (b) NASA Procedural Requirements (NPR) 8910.1, Care and Use of 
Animals, delineates the responsibilities and implements requirements for 
the Agency's use of animals in research, testing, teaching, and hardware 
development activities. NPR 8910.1 is accessible is access at http://
nodis3.gsfc.nasa.gov/.



PART 1240_INVENTIONS AND CONTRIBUTIONS--Table of Contents



       Subpart 1_Awards for Scientific and Technical Contributions

Sec.
1240.100  Purpose.
1240.101  Scope.
1240.102  Definitions
1240.103  Criteria.
1240.104  Applications for awards.
1240.105  Special initial awards--NASA and NASA contractor employees.
1240.106  Review and evaluation of contribution.
1240.107  Notification by the Board.
1240.108  Reconsideration.
1240.109  Hearing procedure.
1240.110  Recommendation to, and action by, the Administrator.
1240.111  Release.
1240.112  Presentation of awards.
1240.113  Financial accounting.
1240.114  Delegation of authority.

    Authority: Section 20136 of the National Aeronautics and Space Act 
(51 U.S.C. 20136), and the Federal Technology Transfer Act of 1986, sec. 
12, 15 U.S.C. 3710b(1).

    Source: 67 FR 31120, May 9, 2002, unless otherwise noted.



       Subpart 1_Awards for Scientific and Technical Contributions



Sec. 1240.100  Purpose.

    This subpart prescribes procedures for submitting applications for 
monetary awards to the Administrator of NASA for scientific and 
technical contributions which have significant value in the conduct of 
aeronautical and space activities pursuant to 51 U.S.C. 20136, and 
establishes the awards program consistent with the Federal Technology 
Transfer Act of 1986, section 12, 15 U.S.C. 3710b(1).

[77 FR 27366, May 10, 2012]



Sec. 1240.101  Scope.

    This subpart applies to awards for any scientific or technical 
contribution, whether or not patentable, which is determined by the 
Administrator after referral to the Inventions and Contributions Board 
to have significant value in the conduct of aeronautical and space 
activities, upon submission of an application for award to NASA, or upon 
the Administrator's own initiative, under 51 U.S.C. 20136.

[77 FR 27366, May 10, 2012]



Sec. 1240.102  Definitions.

    As used in this subpart:
    (a) Administrator means the Administrator of the National 
Aeronautics and Space Administration.
    (b) Board means the NASA Inventions and Contributions Board.
    (c) Chairperson means the Chairperson of the NASA Inventions and 
Contributions Board.
    (d) Commercial quality refers to computer software that is not in an 
experimental or beta phase of development, that performs in accordance 
with its specifications, and includes documentation describing the 
software's form and function.
    (e) Contract means any contract, agreement, understanding, or other 
arrangement with NASA or another Government Agency on NASA's behalf, 
including any assignment, substitution of parties, or subcontract 
executed or entered into thereunder.
    (f) Contractor means the party who has undertaken to perform work 
under a contract or subcontract.
    (g) Innovation means a mathematical, engineering or scientific 
concept, idea, design, process, or product.
    (h) Innovator means any person listed as a contributor, inventor, or 
author of an innovation.
    (i) Invention includes any act, method, process, machine, 
manufacture, design, or composition of matter, or any new and useful 
improvement thereof, or any variety of plant, which is or may be 
patentable under the patent laws of the United States or any foreign 
country.
    (j) Qualified User means any person that has legally acquired 
computer

[[Page 124]]

software and has the right to use it for a legal purpose.
    (k) Verified means passing rigorous testing to ascertain whether the 
functionality claimed in the innovation's documentation is realized.

[67 FR 31120, May 9, 2002, as amended at 77 FR 27366, May 10, 2012]



Sec. 1240.103  Criteria.

    (a) Only those contributions to NASA which have been:
    (1) Used in a NASA program or adopted or sponsored or supported by 
NASA, and
    (2) Found to have significant value in the conduct of aeronautical 
and space activities, will be recommended for award under this subpart.
    (b) In determining the amount, terms, and conditions of any award, 
the following criteria will be considered:
    (1) The value of the contribution to the United States;
    (2) The aggregate amount of any sums which have been expended by the 
applicant for the development of such contribution;
    (3) The amount of any compensation (other than salary received for 
services rendered as an officer or employee of the Government) 
previously received by the applicant for or on account of the use of 
such contributions by the United States; and
    (4) Such other factors as the Administrator shall determine to be 
material.



Sec. 1240.104  Applications for awards.

    (a) Eligibility. Applications for award may be submitted by any 
person including any individual, partnership, corporation, association, 
institution, or other entity. An application for an award under this 
section is separate from application for an award under Sec. 1240.105 
and may be submitted whether or not the contribution is also eligible 
for an award under Sec. 1240.105.
    (b) Information required. Applications for award should be addressed 
to the Inventions and Contributions Board (herein referred to as the 
Board), National Aeronautics and Space Administration, Washington, DC 
20546-0001, and will contain:
    (1) The name and address of the applicant, the person's relationship 
to the contributor if the contribution is made by one other than the 
applicant, and the names and addresses of any others having information 
as to the value or usage of the contribution;
    (2) A complete written description of the contribution, in the 
English language, using electronic media, accompanied by drawings, 
sketches, diagrams, or photographs illustrating the nature of the 
contribution and the technical and scientific principles upon which it 
is based, any available test or performance data or observations of 
pertinent scientific phenomena, and the aeronautics or space application 
of the contribution;
    (3) The date and manner of any previous submittal of the 
contribution to any other United States Government agency, and the name 
of such agency;
    (4) The aggregate amount of any sums which have been expended by the 
applicant for the development of the contribution;
    (5) The nature and extent of any known use of the contribution by 
the United States and by any agency of the United States Government;
    (6) The amount of any compensation (other than salary received for 
services rendered as an officer or employee of the Government) 
previously received by the applicant for or on account of the use of 
such contribution by the United States;
    (7) Identification of any United States and foreign patents applied 
for or issued relating to the contribution; and
    (8) An agreement to surrender all claims which such applicant may 
have for the use of such contribution by the Government.
    (c) General. (1) Each contribution will be made the subject of a 
separate application in order that each contribution may be evaluated 
individually.
    (2) Material constituting a possible hazard to safety or requiring 
unusual storage facilities should not be submitted, and will not be 
accepted. Models or intricate exhibits demonstrating the contribution 
will not be accepted unless specifically requested by the Board. In 
those few cases where such models or exhibits have been submitted 
pursuant to a request made by the Board, the same will be returned to 
the

[[Page 125]]

applicant upon written request from the applicant.
    (3) It is the policy of the Board to use or disclose information 
contained in applications for awards for evaluation purposes only. 
Applications for awards submitted with restrictive legends or statements 
differing from this policy will be treated in accordance with the 
Board's policy.

[67 FR 31120, May 9, 2002, as amended at 77 FR 27366, May 10, 2012]



Sec. 1240.105  Special initial awards--NASA and NASA contractor employees.

    (a) Patent Application Awards. (1) When the Board receives written 
notice, in the manner prescribed by the Board, from the Agency Counsel 
for Intellectual Property or the Patent or Intellectual Property Counsel 
at a NASA Center that an invention made by an employee of NASA or a NASA 
contractor and reported to NASA in the manner prescribed by the Board is 
eligible for a patent application award, the Board may recommend to the 
Administrator or a designee that an award be made, including a specific 
recommended amount and distribution thereof for any multiple inventors, 
so long as the following eligibility conditions have been met:
    (i) A nonprovisional U.S. patent application has been filed covering 
the invention and NASA has either an ownership interest in the invention 
or an irrevocable, royalty-free, license to practice the invention, or 
have the invention practiced for or on its behalf, throughout the world, 
or the invention has been assigned by NASA to a contractor under 35 
U.S.C. 202(e); or
    (ii) A continuation-in-part or divisional patent has been issued 
based on a patent application that is eligible for an award under 
paragraph (a)(1)(i) of this section.
    (2) No additional award will be given for a continuation patent 
application where an award was authorized for the parent application and 
the parent application will be or has been abandoned. In addition, 
awards will not be granted for provisional applications under 35 U.S.C. 
111(b) or reissue applications under 35 U.S.C. 251.
    (b) Software Release Awards. (1) When the Board receives written 
notice, in the manner prescribed by the procedures of the Board, that a 
NASA Center has approved the initial (first) release to a qualified user 
of a software package based on a software innovation made by an employee 
of NASA or a NASA contractor and reported to NASA in the manner 
prescribed by the procedures of the Board, the Board may recommend to 
the Administrator or designee that an award be made, including a 
specific amount and distribution thereof for any multiple innovators, so 
long as the following conditions have been met:
    (i) NASA has either an ownership interest in the software or an 
irrevocable, royalty-free, license to reproduce, prepare derivative 
works, distribute, perform and display the software, throughout the 
world for governmental purposes;
    (ii) The software is of commercial quality as defined in 
Sec. 1240.102; and
    (iii) The software has been verified to perform the functions 
claimed in its documentation on the platform for which it was designed 
without harm to the systems or data contained within.
    (2) Software that is the subject of a software release award is not 
eligible to receive a Tech Brief award based upon the publication of an 
announcement of availability in ``NASA Tech Briefs.''
    (3) Software release awards for modifications made to software for 
which the innovators have already received an initial software release 
award will be at the discretion of the Administrator or his designee, 
upon recommendation by the Board.
    (c) Tech Briefs Awards. When the Board receives written notice, in 
the manner and format prescribed by the procedures of the Board, that a 
NASA Center has approved for publication a NASA Tech Brief based on an 
innovation made by an employee of NASA or a NASA contractor and reported 
to NASA in the manner and form prescribed by the procedures of the 
Board, the Board may recommend to the Administrator or designee that an 
award be made, including a specific amount and distribution thereof for 
any multiple innovators.

[[Page 126]]

    (d) When a Patent Application Award, a Software Release Award, and a 
Tech Brief Award have been authorized for the same contribution, the 
awards will be cumulative.

[77 FR 27366, May 10, 2012]



Sec. 1240.106  Review and evaluation of contribution.

    (a) A contribution will be initially reviewed by the Board on the 
basis of the material submitted by the applicant under Sec. 1240.104(b).
    (b) If it is determined that the contribution has been used in a 
NASA program, or adopted or sponsored or supported by NASA, the 
contribution will be evaluated for its significant value in the conduct 
of aeronautical or space activity.
    (c) The Board will recommend an award for such contribution when, 
upon evaluation of its scientific and technical merits, it is determined 
to warrant an award of at least $500.



Sec. 1240.107  Notification by the Board.

    (a) With respect to each completed application where the Board has 
recommended to the Administrator the granting of an award, and the 
Administrator has approved such award, the Board will notify the 
applicant of the amount and terms of the award. In the case of NASA 
employees or employees of NASA contractors, such notification will 
normally be made through the appropriate NASA field installation 
representative.
    (b) Except for applications from NASA employees or employees of NASA 
contractors, where the Board does not propose to recommend to the 
Administrator the granting of an award, a notification will be provided 
which includes a brief statement of the reasons for such decision.



Sec. 1240.108  Reconsideration.

    (a) With respect to each completed application, in those cases where 
the Board does not recommend an award, the applicant may, within such 
period as the Board may set but in no event less than 30 days from 
notification, request reconsideration of the Board's decision.
    (b) If reconsideration has been requested within the prescribed 
time, the applicant will, within 30 days from the date of the request 
for reconsideration, or within any other time as the Board may set, file 
its statement setting forth the issues, points, authorities, arguments, 
and any additional material on which it relies.
    (c) Upon filing of the reconsideration statement by the applicant, 
the case will be assigned for reconsideration by the Board upon the 
contents of the application, the record, and the reconsideration 
statement submitted by the applicant.
    (d) If after reconsideration, the Board again does not propose to 
recommend the granting of an award, the applicant, after such 
notification by the Board, may request an oral hearing within the time 
set by the Board.
    (e) An oral hearing without reconsideration may be granted upon 
determination of the Chairperson that good cause exists to do so.

[67 FR 31120, May 9, 2002, as amended at 77 FR 27367, May 10, 2012]



Sec. 1240.109  Hearing procedure.

    (a) An Oral hearing held by the Board will be in accordance with the 
following procedures:
    (1) If the applicant requests a hearing within the time set in 
accordance with Sec. 1240.108(d) or (e), the Board will set a place and 
date for such hearing and notify the applicant.
    (2) The applicant may be represented by an attorney or any other 
appropriately designated person.
    (3) Hearings will be open to the public unless the applicant 
requests that a closed hearing be held.
    (4) Hearings may be held before the full membership of the Board or 
before any panel of Board members designated by the Chairperson.
    (5) Hearings will be conducted in an informal manner with the 
objective of providing the applicant with a full opportunity to present 
evidence and arguments in support of the application. Evidence may be 
presented through means of such witnesses, exhibits, and visual aids as 
are arranged for by the applicant. While proceedings will be ex parte, 
members of the Board and its counsel may address questions to witnesses 
called by the applicant, and the

[[Page 127]]

Board may, at its option, utilize the assistance and testimony of 
technical advisors or other experts.
    (6) Subject to the provisions of Sec. 1240.104(c)(2), the applicant 
will submit a copy of any exhibit or visual aid utilized unless 
otherwise directed by the Board. The Board may, at its discretion, 
arrange for a written transcript of the proceedings and a copy of such 
transcript will be made available by the recorder for purchase by the 
applicant.
    (7) No funds are available to defray traveling expenses or any other 
cost incurred by the applicant.



Sec. 1240.110  Recommendation to, and action by, the Administrator.

    (a) Upon a determination by the Board that a contribution merits an 
award, the Board will recommend to the Administrator or a designee the 
terms and conditions of the proposed award, including a specific amount 
and distribution thereof for any multiple contributors. The 
recommendation of the Board to the Administrator or designee will 
reflect the views of the majority of the Board members. Dissenting views 
may be transmitted with the majority opinion.
    (b) The granting, denying or modification of any Board recommended 
award under this subpart will be at the sole discretion of the 
Administrator or his designee, who will determine the final terms and 
conditions of each award after consideration of the criteria in 
Sec. 1240.103.
    (c) In addition, the Board may recommend, and the Administrator or 
his designee may grant, non-monetary awards under other applicable laws 
and regulations.

[67 FR 31120, May 9, 2002, as amended at 77 FR 27367, May 10, 2012]



Sec. 1240.111  Release

    Under subsection 20136(c) of the National Aeronautics and Space Act, 
no award will be made to an applicant unless the applicant submits a 
duly executed release, in a form specified by the Administrator, of all 
claims the applicant may have to receive any compensation (other than 
the award recommended) from the United States Government for use of the 
contribution or any element thereof at any time by or on behalf of the 
United States, or by or on behalf of any foreign government pursuant to 
any existing or future treaty or agreement with the United States, 
within the United States, or at any other place.

[77 FR 27367, May 10, 2012]



Sec. 1240.112  Presentation of awards.

    (a) Written acknowledgments to employees of NASA receiving awards 
will be provided by the appropriate Official-in-Charge at the 
Headquarters Office, by the Director of the cognizant NASA Center, or by 
a designee.
    (b) Written acknowledgments to employees of NASA contractors 
receiving awards will be forwarded to contractor officials for suitable 
presentation.
    (c) Monetary awards will be paid by check or electronic funds 
transfer.

[77 FR 27367, May 10, 2012]



Sec. 1240.113  Financial accounting.

    NASA shall provide for appropriate database and accounting system(s) 
to ensure that award payments are recorded and disbursed in an orderly 
fashion and in the proper amounts to proper awardees.

[77 FR 27367, May 10, 2012]



Sec. 1240.114  Delegation of authority.

    (a) The Chairperson, Inventions and Contributions Board, is 
delegated authority to approve and execute grants of awards for 
significant scientific or technical contributions not exceeding $2,000 
per contributor, when in accordance with the recommendation of the Board 
and in conformity with applicable law and regulations.
    (b) The Chairperson, Inventions and Contributions Board, is 
delegated authority to approve and execute grants of awards not 
exceeding $2,000 per awardee, upon the notification that:
    (1) A Patent Application Award has been recommended by the Board 
pursuant to Sec. 1240.105(a);
    (2) A Software Release Award has been recommended by the Board 
pursuant to Sec. 1240.105(b); or

[[Page 128]]

    (3) A Tech Briefs Award has been recommended by the Board pursuant 
to Sec. 1240.105(c).

[77 FR 27367, May 10, 2012]

                          PART 1241 [RESERVED]



PART 1245_PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
--Table of Contents



                   Subpart 1_Patent Waiver Regulations

Sec.
1245.100  Scope.
1245.101  Applicability.
1245.102  Definitions and terms.
1245.103  Policy.
1245.104  Advance waivers.
1245.105  Waiver after reporting inventions.
1245.106  Waiver of foreign rights.
1245.107  Reservations.
1245.108  License to contractor.
1245.109  Assignment of title to NASA.
1245.110  Content of petitions.
1245.111  Submission of petitions.
1245.112  Notice of proposed Board action and reconsideration.
1245.113  Hearing procedure.
1245.114  Findings and recommendations of the Board.
1245.115  Action by the Administrator.
1245.116  Miscellaneous provisions.
1245.117  March-in and waiver revocation procedures.
1245.118  Record of decisions.

         Subpart 2_Claims for Patent and Copyright Infringement

1245.200  Purpose.
1245.201  Objectives.
1245.202  Contents of communication initiating claim.
1245.203  Incomplete notice of infringement.
1245.204  Indirect notice of infringement.
1245.205  Processing of administrative claims.

                  Subpart 3_NASA Foreign Patent Program

1245.300  Scope of subpart.
1245.301  Inventions under NASA contracts.
1245.302  Inventions by NASA employees.
1245.303  Criteria.
1245.304  Procedures.

Subparts 4-5 [Reserved]



                   Subpart 1_Patent Waiver Regulations

    Authority: 51 U.S.C. 20135, 35 U.S.C. 200 et seq.

    Source: 52 FR 43748, Nov. 16, 1987, unless otherwise noted.



Sec. 1245.100  Scope.

    This subpart prescribes regulations for the waiver of rights of the 
Government of the United States to inventions made under NASA contract 
in conformity with section 20135 of the National Aeronautics and Space 
Act (51 U.S.C. Chapter 201).

[80 FR 19197, Apr. 10, 2015]



Sec. 1245.101  Applicability.

    The provisions of the subpart apply to all inventions made or which 
may be made under conditions enabling the Administrator to determine 
that the rights therein reside in the Government of the United States 
under section 20135(b)(1) of the National Aeronautics and Space Act, 51 
U.S.C. 20135(b)(1). The provisions do not apply to inventions made under 
any contract, grant, or cooperative agreement with a nonprofit 
organization or small business firm that are afforded the disposition of 
rights as provided in 35 U.S.C. 200-204 (Pub. L. 96-517, 94 Stat. 3019, 
3020, 3022 and 3023; and Pub. L. 98-620, 98 Stat. 3364-3367).

[80 FR 19197, Apr. 10, 2015]



Sec. 1245.102  Definitions and terms.

    As used in this subpart:
    (a) Contract means any actual or proposed contract, agreement, 
understanding, or other arrangement with the National Aeronautics and 
Space Administration (NASA) or another Government agency on NASA's 
behalf, including any assignment, substitution of parties, or 
subcontract executed or entered into thereunder, and including NASA 
grants awarded under the authority of 42 U.S.C. 1891-1893.
    (b) Contractor means the party who has undertaken to perform work 
under a contract or subcontract.
    (c) Invention means any, new and useful process, machine, 
manufacture, or composition of matter, or any new and useful improvement 
thereof, or any variety of plant, which is or may be patentable under 
the Patent Laws of the United States of America or any foreign country.

[[Page 129]]

    (d) Class of inventions means inventions directed to a particular 
process, machine, manufacture, or composition of matter, or to a 
narrowly drawn, focused area of technology.
    (e) Made, when used in relation to any invention, means the 
conception or first actual reduction to practice of such invention.
    (f) Practical application means to manufacture in the case of a 
composition or product, to practice in the case of a process or method, 
or to operate in the case of a machine or system; and, in each case, 
under such conditions as to establish that the invention is being 
utilized and that its benefits are to the extent permitted by law or 
Government regulations available to the public on reasonable terms.
    (g) Board means the NASA Inventions and Contributions Board 
established by the Administrator of NASA within the Administration under 
section 305(f) of the National Aeronautics and Space Act of 1958, as 
amended (42 U.S.C. 2457(f)).
    (h) Chairperson means Chairperson of the NASA Inventions and 
Contributions Board.
    (i) Petitioner means a contractor or prospective contractor who 
requests that the Administrator waive rights in an invention or class of 
inventions made or which may be made under a NASA contract. In the case 
of an identified invention, the petitioner may be the inventor(s).
    (j) Government agency includes any executive department, independent 
commission, board, office, agency, administration, authority, Government 
corporation, or other Government establishment of the executive branch 
of the Government of the United States of America.
    (k) Administrator means the Administrator of the National 
Aeronautics and Space Administration or the Administrator's duly 
authorized representative.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19198, Apr. 10, 2015]



Sec. 1245.103  Policy.

    (a) In implementing the provisions of section 20135(g) of the 
National Aeronautics and Space Act (51 U.S.C. Chapter 201), and in 
determining when the interests of the United States would be served by 
waiver of all or any part of the rights of the United States in an 
invention or class of inventions made in the performance of work under 
NASA contracts, the Administrator will be guided by the objectives set 
forth in the National Aeronautics and Space Act, by the basic policy of 
the Presidential Memorandum and Statement of Government Patent Policy to 
the Heads of the Executive Departments and agencies dated February 18, 
1983, by the goals and objectives of its current Authorization Act, 
Strategic Plan, and other pertinent National policies or laws, such as 
the National Space Policy of the United States of America. Any such 
waiver may be made upon such terms and under such conditions as the 
Administrator shall determine to be required for the protection of the 
interests of the United States. Among the most important goals are to 
provide incentives to foster inventiveness and encourage the reporting 
of inventions made under NASA contracts, to provide for the widest 
practicable dissemination of new technology resulting from NASA 
programs, and to promote early utilization, expeditious development, and 
continued availability of this new technology for commercial purposes 
and the public benefit. In applying this regulation, both the need for 
incentives to draw forth private initiatives and the need to promote 
healthy competition in industry must be weighed.
    (b) Several different situations arise when waiver of all or any 
part of the rights of the United States with respect to an invention or 
class of invention may be requested and are prescribed in Secs. 1245.104 
through 1245.106. Under Sec. 1245.104, advance waiver of any or all of 
the rights of the United States with respect to any invention or class 
of inventions which may be made under a contract may be requested prior 
to the execution of the contract, or within 30 days after execution of 
the contract. Waiver of rights to an identified invention made and 
reported under a contract are to be requested under Sec. 1245.105, and 
may be requested under this provision even though a request under 
Sec. 1245.104 was not made, or if

[[Page 130]]

made, was not granted. Waiver of foreign rights under Sec. 1245.106 may 
be requested concurrently with domestic rights under Sec. 1245.104 or 
Sec. 1245.105, or may be made independently.
    (c) With respect to inventions which may be or are made or conceived 
in the course of or under contracts for research, development or 
demonstration work awarded by NASA on behalf of the Department of Energy 
(DOE) or in support of a DOE program, on a reimbursable basis pursuant 
to agreement between DOE and NASA, the waiver policy, regulations, and 
procedures of DOE will be applied. NASA will normally grant waiver of 
rights to inventions made under contracts awarded by NASA on behalf of, 
or in support of, programs funded by another Government agency, unless 
the funding agency recommends and justifies denial of the waiver. See 
Secs. 1245.110(c) and 1245.111(b).

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19197, Apr. 10, 2015]



Sec. 1245.104  Advance waivers.

    (a) The provisions of this section apply to petitions for waiver of 
domestic rights of the United States with respect to any invention or 
class of inventions which may be made under a contract.
    (b) The NASA Inventions and Contributions Board normally will 
recommend grant of a request for advance waiver of domestic rights 
submitted prior to execution of contract or within 30 days after 
execution of the contract unless the Board finds that the interests of 
the United States will be better served by restricting or denying all or 
part of the requested rights in one or more of the following situations:
    (1) When the contractor is not located in the United States or does 
not have a place of business in the United States or is subject to the 
control of a foreign government;
    (2) When a determination has been made by Government authority which 
is authorized by statute or Executive order to conduct foreign 
intelligence or counter-intelligence activities that the restriction or 
denial of the requested rights to any inventions made in the performance 
of work under the contract is necessary to protect the security of such 
activities; or
    (3) Where the Board finds that exceptional circumstances exist, such 
that restriction or denial of the requested rights will better promote 
one or more of the following objectives:
    (i) Promoting the utilization of inventions arising from federally 
supported research and development;
    (ii) Encouraging maximum participation of industry in federally-
supported research and development;
    (iii) Ensuring that inventions are used in a manner to promote free 
competition and enterprise;
    (iv) Promoting the commercialization and public availability of 
inventions made in the United States by United States industry and 
labor; and
    (v) Ensuring that the Government retains sufficient rights in 
federally supported inventions to meet the needs of the Government and 
protect the public against nonuse or unreasonable use of inventions.
    (c)(1) An advance waiver, when granted, will be subject to the 
reservations set forth in Sec. 1245.107. Normally, the reservations of 
Sec. 1245.107(a), License to the Government, and Sec. 1245.107(b), 
March-in rights, will apply. However, should one or more of the 
situations set forth in paragraphs (b)(1) through (b)(3), of this 
section exist, rather than denying the advance waiver request, the Board 
may recommend granting to the contractor only part of the requested 
rights, to the extent necessary to address the particular situation, 
consistent with the policy and goals of Sec. 1245.103. In that event, 
the waiver grant will be subject to additional reservations as provided 
for in Sec. 1245.107(c).
    (2) To meet the National Aeronautics and Space Act standard of ``any 
invention or class of inventions,'' for advance waivers, the petition 
shall identify the invention(s) and/or class(es) of inventions that the 
Contractor believes will be made under the contract and for which waiver 
of rights is being requested. Therefore, the petition must be directed 
to a specific invention(s) or to inventions directed to a particular 
process, machine, manufacture, or composition of matter, or to a 
narrowly drawn, focused area(s) of technology.

[[Page 131]]

    (3) An advance waiver, when granted, will apply only to inventions 
reported to NASA under the applicable terms of the contract and a 
designation made within 6 months of the time of reporting (or a 
reasonable time thereafter permitted for good cause shown) that the 
contractor elects title to the invention and intends to file or has 
filed a U.S. patent application. Such election will be made by 
notification in writing to the patent representative designated in the 
contract. Title to all other inventions made under the contract are 
subject to section 20135(b)(1) of the National Aeronautics and Space 
Act, 51 U.S.C. 20135(b)(1). The granting of the advance waiver does not 
otherwise relieve a contractor of any of the invention identification or 
reporting requirements set forth in the applicable patent rights clause 
in the contract.
    (4) The advance waiver shall extend to the invention claimed in any 
patent application filed on the reported invention, including any 
subsequent divisional or continuation application thereof, provided the 
claims of the subsequent application do not substantially change the 
scope of the reported invention.
    (d) When a petition for waiver is submitted under paragraph (b) of 
this section, prior to contract execution, it will be processed 
expeditiously so that a decision on the petition may be reached prior to 
execution of the contract. However, if there is insufficient time or 
insufficient information is presented, or for other reasons which do not 
permit a recommendation to be made without unduly delaying execution of 
the contract, the Board will inform the contracting officer that no 
recommendation can be made prior to contract execution and the reasons 
therefor. The contracting officer will then notify the petitioner of the 
Board's action.
    (e) A waiver granted pursuant to a petition submitted under this 
section shall extend to any contract changes, modifications, or 
supplemental agreements, so long as the purpose of the contract or the 
scope of work to be performed is not substantially changed.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19198, Apr. 10, 2015]



Sec. 1245.105  Waiver after reporting inventions.

    (a) The provisions of this section apply to petitions for waiver of 
domestic rights to identified inventions which have been reported to 
NASA and to which a waiver of rights has not been granted pursuant to 
Sec. 1245.104.
    (b)(1) When an individual identified invention has been reported to 
NASA under the applicable terms of the contract and waiver of rights has 
not been granted under Sec. 1245.104, the Board normally will recommend 
grant of a request for waiver of domestic rights to such invention if 
the request is received within 8 months of first disclosure to NASA (or 
such longer period that the Board may permit for good cause shown), 
unless the Board finds that one or more of the situations set forth in 
Sec. 1245.104(b)(3)(i) through (v) exist. When granted, the waiver will 
be subject to the reservations set forth in Sec. 1245.107 in the same 
manner as discussed in Sec. 1245.104(c)(1).
    (2) The waiver shall extend to the invention claimed in the patent 
application filed on the reported invention, including any subsequent 
divisional or continuation application thereof, provided the claims of 
the subsequent application do not substantially change the scope of the 
reported invention.



Sec. 1245.106  Waiver of foreign rights.

    (a) The Board will consider the waiver of foreign rights in any 
designated country concurrently with the waiver of domestic rights when 
so requested under Sec. 1245.104 or Sec. 1245.105.
    (b) The Board will also consider a separate request for foreign 
rights for an individual identified invention in any designated country 
if a request was not made pursuant to paragraph (a) of this section, or 
for countries not designated pursuant to paragraph (a) of this section.
    (c) The Board will normally recommend the waiver of foreign rights 
be granted under paragraph (a) or paragraph (b) of this section in any 
designated country unless:
    (1) The Board finds that exceptional circumstances exist, such that 
restriction or denial of the requested foreign rights will better 
promote one or more

[[Page 132]]

of the objectives set forth in Sec. 1245.104(b)(3)(i) through (v); or
    (2) The Board finds that the economic interests of the United States 
will not be served thereby; or unless
    (3) In the case of an individual identified invention under 
paragraph (b) of this section, NASA has determined, prior to the 
request, to file a patent application in the designated country.
    (d) If, subsequent to the granting of the petition for foreign 
rights, the petitioner requests and designates additional countries in 
which it wishes to secure patents, the Chairperson may recommend such 
request, in whole or in part, without further action by the Board.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.107  Reservations.

    (a) License to the Government. Any invention for which waiver of 
domestic or foreign rights has been granted under this subpart shall be 
subject to the reservation by the Administrator of an irrevocable, 
nonexclusive, nontransferable, royalty-free license for the practice of 
the invention throughout the world by or on behalf of the United States 
or any foreign government pursuant to any treaty or agreement with the 
United States.
    (b) March-in rights. For any invention for which waiver of rights 
has been granted under this subpart, NASA has the same right as set 
forth in 35 U.S.C. 203 and 210, with the procedures set forth in 
Sec. 1245.117 and 37 CFR 401.6, to require the contractor, an assignee, 
or exclusive licensee of the invention to grant a nonexclusive, 
partially exclusive, or exclusive license in any field of use to a 
responsible applicant or applicants, upon terms that are reasonable 
under the circumstances, and if the contractor, assignee, or exclusive 
licensee refuses such a request, NASA has the right to grant such a 
license itself if NASA determines that:
    (1) Such action is necessary because the contractor or assignee has 
not taken, or is not expected to take within a reasonable time, 
effective steps to achieve practical application of the invention in 
such field of use;
    (2) Such action is necessary to alleviate health or safety needs 
which are not reasonably satisfied by the contractor, assignee, or their 
licensees;
    (3) Such action is necessary to meet requirements for public use 
specified by Federal regulations and such requirements are not 
reasonably satisfied by the contractor, assignee, or licensees; or
    (4) Such action is necessary because the agreement required by the 
``Preference for United States industry'' has not been obtained or 
waived or because a licensee of the exclusive right to use or sell any 
invention in the United States is in breach of such agreement.
    (c) Additional reservations. In the event one or more of the 
situations set forth in Sec. 1245.104 (b)(1) through (b)(3) exist, the 
Board may determine to recommend partial grant of the waiver request 
(rather than denial) by making the grant subject to additional 
reservations (than those set forth in (a) and (b) of this section) to 
the extent necessary to address the particular situation. Such 
additional reservations may include, but not be limited to, field-of-use 
or terrestrial-use limitations, or additions to the march-in rights.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.108  License to contractor.

    (a) Each contractor reporting an invention is granted a revocable, 
nonexclusive, royalty-free license in each patent application filed in 
any country on the invention and in any resulting patent in which the 
Government acquires title. The license extends to the contractor's 
domestic subsidiaries and affiliates, if any, within the corporate 
structure of which the contractor is a party and includes the right to 
grant sublicenses of the same scope to the extent the contractor was 
legally obligated to do so at the time the contract was awarded. The 
license and right is transferable only with the approval of the 
Administrator except when transferred to the successor of that part of 
the contractor's business to which the invention pertains.
    (b) The contractor's domestic license may be revoked or modified by 
the Administrator to the extent necessary to achieve expeditious 
practical application of the invention pursuant to an application for an 
exclusive license

[[Page 133]]

submitted in accordance with the Licensing of Government-Owned 
Inventions (37 CFR part 404). This license will not be revoked in that 
field of use and/or the geographical areas in which the contractor has 
achieved practical application and continues to make the benefits of the 
invention available to the public on reasonable terms. The license in 
any foreign country may be revoked or modified at the discretion of the 
Administrator to the extent the contractor, its licensees, or its 
domestic subsidiaries or affiliates have failed to achieve practical 
application in that foreign country.
    (c) Before revocation or modification of the license, the contractor 
will be provided a written notice of the Administrator's intention to 
revoke or modify the license, and the contractor will be allowed 30 days 
(or any other time as may be allowed by the Administrator for good cause 
shown by the contractor) after the notice to show cause why the license 
should not be revoked or modified. The contractor shall have the right 
to appeal, in accordance with applicable regulations in 37 CFR part 404, 
any decision concerning the revocation or modification of its license.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.109  Assignment of title to NASA.

    (a) The instrument of waiver set forth in Sec. 1245.115(c) shall be 
voided by NASA with respect to the domestic title to any invention for 
which a patent application has not been filed within 1 year (or a 
reasonable time thereafter for good cause shown) from notification to 
NASA of election of title, as required by Sec. 1245.104(c)(2), for an 
advanced waiver pursuant to Sec. 1245.104, or within 1 year from the 
granting of a waiver for an individual invention granted pursuant to 
Sec. 1245.105.
    (b) The instrument of waiver set forth in Sec. 1245.115(c) shall be 
voided by NASA with respect to title in any foreign country for which 
waiver has been granted pursuant to Sec. 1245.106, if a patent 
application has not been filed in that country (or in the European 
Patent Office or under the Patent Cooperation Treaty and that country 
designated) within either 10 months (or a reasonable time thereafter for 
good cause shown) from the date a corresponding U.S. patent application 
has been filed or 6 months (or a reasonable time thereafter for good 
cause shown) from the date a license is granted by the Commissioner of 
Patents and Trademarks to file foreign patent applications where such 
filing has been prohibited by a Secrecy Order.
    (c) In any country in which the waiver recipient decides not to 
continue prosecution of any application, to pay maintenance fees on, or 
defend in reexamination or opposition proceedings on a patent on a 
waived invention, the waiver recipient shall notify the patent 
representative within sufficient time for NASA to continue prosecution, 
pay the maintenance fee or defend the reexamination or opposition, and 
upon written request, convey title to NASA and execute all papers 
necessary for NASA to proceed with the appropriate action.



Sec. 1245.110  Content of petitions.

    (a) Each request for waiver of domestic or foreign rights under 
Sec. 1245.104, Sec. 1245.105, or Sec. 1245.106 shall be by petition to 
the Administrator and shall include:
    (1) An identification of the petitioner, its place of business, and 
address;
    (2) If the petitioner is represented by counsel, the name, address, 
and telephone number of the counsel;
    (3) A citation to the section (Sec. 1245.104, Sec. 1245.105, or 
Sec. 1245.106) under which the petition is submitted, the nature and 
extent of the rights requested, and a positive statement that waiver of 
rights under the cited section is being requested;
    (4) If the petitioner is an employee inventor of the contractor, a 
statement from the contractor that the contractor does not object to 
this petition.
    (5) Information identifying the proposed contract or resulting 
contract, if any;
    (6) A designation of the country or countries, the United States of 
America and/or foreign, in which waiver of title is requested;
    (7) A copy of the invention disclosure if the request is for an 
individual identified invention (under Sec. 1245.105);

[[Page 134]]

    (8) The name, address, and telephone number of the party with whom 
the Board is to communicate when the request is acted upon;
    (9) Whether the petitioner is an entity of or under the control of a 
foreign government;
    (10) The signature of the petitioner or its authorized 
representative; and
    (11) The date of the petition.
    (b) Advance waiver petitions shall also identify the invention(s) 
and/or class(es) of inventions that the Contractor believes will be made 
under the contract and for which waiver of rights is being requested, in 
accordance with Sec. 1245.104(c)(2).
    (c) No specific forms need be used. Requests for advanced waiver 
should, preferably, be included with the proposal, but in any event in 
advance of negotiations.
    (d) Petitions for waiver under contracts funded by another agency. 
The content of the petitions for waiver of title to inventions made 
under contracts awarded by NASA on behalf of the Department of Energy 
under Sec. 1245.103(c) shall follow the procedures and form prescribed 
by and shall be acted on by that agency. Petitions under contracts 
awarded by NASA on behalf of other agencies will be coordinated with the 
agency before action is taken by the Board.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.111  Submission of petitions.

    (a) Petitions for advance waiver of domestic rights under 
Sec. 1245.104 or for advance waiver of foreign rights under 
Sec. 1245.106 presented prior to contract execution, must be submitted 
to the contracting officer. Any petition submitted by a prospective 
contractor and selected for negotiation of a contract will be processed 
and forwarded to the Board for consideration. All other petitions will 
be submitted to the patent representative designated in the contract for 
processing prior to forwarding to the Board.
    (b) A copy of any waiver petitions submitted under Sec. 1245.103(c) 
should be forwarded to the appropriate NASA field installation patent 
counsel, if not supplied earlier, for (1) transmittal to the Department 
of Energy for processing by that agency, or (2) coordination with other 
agencies, as applicable.



Sec. 1245.112  Notice of proposed Board action and reconsideration.

    (a) Notice. Except as provided by Sec. 1245.104(d), the Board will 
notify the petitioner, through the contracting officer, with respect to 
petitions for advance waiver prior to contract execution, and directly 
to the petitioner for all other petitions:
    (1) When it proposes to recommend to the Administrator that the 
petition be:
    (i) Granted in an extent different from that requested; or
    (ii) Denied.
    (2) Of the reasons for the recommended action adverse to or 
different from the waiver of rights requested by the petitioner.
    (b) Request for reconsideration and statements required. (1) If, 
under paragraph (a) of this section, the Board notifies the petitioner 
that the Board proposes to recommend action adverse to or different from 
the waiver requested, the petitioner may, within the period as the Board 
may set, but not less than 15 days from the notification, request 
reconsideration by the Board.
    (2) If reconsideration has been requested within the prescribed 
time, the petitioner shall, within 30 days from the date of the request 
for reconsideration, or within any other time as the Board may set, file 
its statement setting forth the points, authorities, arguments, and any 
additional material on which it relies.
    (3) Upon filing of the reconsideration statement by the petitioner, 
the petition will be assigned for reconsideration by the Board upon the 
contents of the petition, the record, and the reconsideration statement 
submitted by the petitioner.
    (4) The Board, after its reconsideration, will promptly notify the 
petitioner of its proposed recommendation to the Administrator. If the 
Board's proposed action is adverse to, or different from, the waiver 
requested, the petitioner may request an oral hearing within the time as 
the Board has set.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]

[[Page 135]]



Sec. 1245.113  Hearing procedure.

    (a) If the petitioner requests an oral hearing within the time set, 
under Sec. 1245.112(b)(4), the Board shall set the time and place for 
the hearing and shall notify the petitioner.
    (b) Oral hearings held by the Board shall be open to the public and 
shall be held in accordance with the following procedures:
    (1) Oral hearings shall be conducted in an informal manner, with the 
objective of providing the petitioner with a full opportunity to present 
facts and arguments in support of the petition. Evidence may be 
presented through means of witnesses, exhibits, and visual aids as are 
arranged for by the petitioner. Petitioner may be represented by any 
person including its attorney. While proceedings will be ex parte, 
members of the Board and its counsel may address questions to witnesses 
called by the petitioner, and the Board may, at its option, enlist the 
aid of technical advisors or expert witnesses. Any person present at the 
hearing may make a statement for the record.
    (2) A transcript or equivalent record of the proceeding shall be 
arranged for by the Board. The petitioner shall submit for the record a 
copy of any exhibit or visual aid utilized during the hearing.



Sec. 1245.114  Findings and recommendations of the Board.

    (a) Findings of the Board. The Board shall consider the petition, 
the NASA contract, if relevant, the goals cited in Sec. 1245.103(a), the 
effect of the waiver on the objectives of the related NASA programs, and 
any other available facts and information presented to the Board by an 
interested party. The Board shall document its findings.
    (b) Recommendation of the Board. (1) Except as provided in 
Sec. 1245.104(d), after making the findings of fact, the Board shall 
formulate its proposed recommendation to the Administrator as to the 
grant of waiver as requested, the grant of waiver upon terms other than 
as requested, or denial of waiver.
    (2) If the Board proposes to recommend, initially or upon 
reconsideration or after oral hearing, that the petition be granted in 
the extent requested or, in other cases, where the petitioner does not 
request reconsideration or a hearing during the period set for the 
action or informs the Board that the action will not be requested, or 
fails to file the required statements within the prescribed time, the 
Board shall transmit the petition, a summary record of hearing 
proceedings, if applicable, its findings of fact, and its recommendation 
to the Administrator.



Sec. 1245.115  Action by the Administrator.

    (a) After receiving the transmittal from the Board, the 
Administrator shall determine, in accordance with the policy of 
Sec. 1245.103, whether or not to grant any petition for waiver of rights 
to the petitioner.
    (b) In the event of denial of the petition by the Administrator, a 
written notice of such denial will be promptly transmitted by the Board 
to the petitioner. The written notice will be accompanied with a 
statement of the grounds for denial.
    (c) If the waiver is granted by the Administrator, the petitioner 
shall be sent for execution, an instrument of waiver confirmatory of the 
conditions and reservations of the waiver grant. The petitioner shall 
promptly return the executed copy of the instrument of waiver to the 
Chairperson.



Sec. 1245.116  Miscellaneous provisions.

    (a) Filing of patent applications and reimbursement of costs. In 
order to protect the interests of the Government and the petitioner in 
inventions, a petitioner may file United States patent applications for 
such inventions prior to the Administrator's determination on a petition 
for waiver. If an application on an identified invention is filed during 
the pendency of the petition, or within 60 days prior to the receipt of 
a petition, NASA will reimburse the petitioner for any reasonable costs 
of the filing and patent prosecution that may have occurred, provided:
    (1) Similar patent filing and prosecution costs are not normally 
reimbursed to the petitioner as direct or indirect costs chargeable to 
the Government contracts;
    (2) The petition is ultimately denied with respect to domestic 
rights, or

[[Page 136]]

with respect to foreign and domestic rights, if both are requested, and
    (3) Prior to reimbursement, petitioner assigns the application to 
the United States of America as represented by the Administrator of the 
National Aeronautics and Space Administration.
    (b) Statement of Government rights. The waiver recipient shall 
include, within the specification of any United States patent 
application and any patent issuing thereon for a waived invention, the 
following statement:
    The invention described herein was made in the performance of work 
under NASA Contract No. lll, and is subject to the provisions of Section 
20135 of the National Aeronautics and Space Act (51 U.S.C. Chapter 201).
    (c) License to the Government. The waiver recipient shall return to 
NASA a duly executed and approved license to the Government (which will 
be prepared by the Government) fully confirming of all the rights, 
domestic and foreign, to which the Government is entitled.
    (d) Patent filing and issuance information. The waiver recipient 
shall furnish to either the Chairperson or the patent representative, 
the filing date, serial number and title, and upon request, a copy of 
any domestic or foreign patent application including an English language 
version if filed in a language other than English, and a copy of the 
patent or patent number and issue date, for any waived invention.
    (e) Transfer of rights. The waiver recipient shall notify the 
Chairperson prior to any transfer of principal rights in any waived 
invention to any party. Such transfer shall be subject to all rights 
reserved by the Government, and all obligations of the waiver recipient, 
as set forth in this subpart.
    (f) Utilization reports. (1) The waiver recipient shall provide to 
the Chairperson upon request, and no more frequently than annually, 
reports on the utilization of a waived invention or on efforts at 
obtaining such utilization being made by the waiver recipient or its 
licensees or assigns. Such reports shall include information regarding 
the status of the development, date of first commercial sale or use, and 
such other data and information as the Chairperson may reasonably 
specify. No utilization reports need be submitted after the term of the 
patent.
    (2) Such reports on the utilization of a waived invention, as well 
as information on the utilization or efforts at obtaining utilization 
obtained as part of a march-in proceeding under Sec. 1245.117, shall be 
treated by NASA as commercial and financial information obtained from a 
person and privileged and confidential and not subject to disclosure 
under 5 U.S.C. 552.
    (g) Communications. Unless otherwise specifically set forth in this 
subpart, all communications relating to waived inventions, and all 
information and documents required to be submitted to NASA in this 
subpart, shall be furnished to the patent representative designated in 
the contract under which the waived invention was made.

(Recordkeeping and reporting requirements contained in paragraph (f) 
were approved by the Office of Management and Budget under control 
number 2700-0050)

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.117  March-in and waiver revocation procedures.

    (a) The exercise of march-in procedures shall be in conformance with 
35 U.S.C. 203 and the applicable provisions of 37 CFR 401.6, entitled 
``Exercise of march-in rights for inventions made by nonprofit 
organizations and small business firms.''
    (b) Whenever NASA receives information that it believes might 
warrant the exercise of march-in rights, before initiating any march-in 
proceeding, it shall notify the waiver recipient in writing of the 
information and request informal written or oral comments from the 
waiver recipient as well as information relevant to the matter. In the 
absence of any comments from the waiver recipient within 30 days, NASA 
may, at its discretion, proceed with the procedures set forth in 37 CFR 
401.6. If a comment is received within 30 days, or later if NASA has not 
initiated the procedures, then NASA shall, within 60 days after it 
receives the comment, either initiate the procedures or notify the 
waiver recipient, in writing, that it will not pursue march-in rights on 
the basis of the available information.

[[Page 137]]

    (c) If march-in procedures are to be initiated, the Administrator of 
NASA, or designee, shall undertake or refer the matter for fact finding 
to the NASA Board of Contract Appeals (BCA) and its Chairperson.
    (d) Fact-finding shall be conducted by the NASA BCA and its 
Chairperson in accordance with its procedures that are consistent with 
the procedures set forth in 37 CFR 401.6. Any portion of the march-in 
proceeding, including a fact-finding hearing that involves testimony or 
evidence relating to the utilization or efforts at obtaining utilization 
that are being made by the waiver recipient, its assignee, or licensees 
shall be closed to the public, including potential licensees. In 
accordance with 35 U.S.C. 202(c)(5), NASA shall not disclose any such 
information obtained during a march-in proceeding to persons outside the 
Government except when such release is authorized by the waiver 
recipient (assignee or licensee).
    (e) The preparation of written findings of fact and recommended 
determination by the Chairperson of the NASA BCA and the determination 
by the Administrator, or designee, of NASA shall be in accordance with 
37 CFR 401.6.
    (f) NASA may, at any time, terminate a march-in proceeding if it is 
satisfied that it does not wish to exercise march-in rights.

[52 FR 43748, Nov. 16, 1987, as amended at 80 FR 19199, Apr. 10, 2015]



Sec. 1245.118  Record of decisions.

    The findings of fact and recommendations made to the Administrator 
by the Board with respect to each petition for waiver shall be recorded 
by the Board and be available to the public.



         Subpart 2_Claims for Patent and Copyright Infringement

    Authority: 51 U.S.C. 20112-20113; 22 U.S.C. 2356; 35 U.S.C. 181-188 
and 286; and 28 U.S.C. 1498.

    Source: 77 FR 14687, Mar. 13, 2012, unless otherwise noted.



Sec. 1245.200  Purpose.

    The purpose of this subpart is to set forth policies and procedures 
for the filing and disposition of claims of infringement of privately 
owned rights in patented inventions or copyrighted works asserted 
against NASA.



Sec. 1245.201  Objectives.

    Whenever a claim of infringement of privately owned rights in 
patented inventions or copyrighted works is asserted against NASA, all 
necessary steps shall be taken to investigate and to administratively 
settle, deny, or otherwise dispose of such claim prior to suit against 
the United States. The General Counsel, or designee, is authorized to 
investigate, settle, deny, or otherwise dispose of all claims of patent 
and copyright infringement, pursuant to the above-cited statutory 
authority.



Sec. 1245.202  Contents of communication initiating claim.

    (a) Requirements for claim. A patent or copyright infringement claim 
for compensation, asserted against the United States as represented by 
NASA under any of the applicable statutes cited above, must be actually 
communicated to and received by an organization, office, or within a 
NASA Center. Claims must be in writing and must include the following:
    (1) An allegation of infringement.
    (2) A request for compensation, either expressed or implied.
    (3) A citation to the patent(s) or copyright(s) alleged to be 
infringed.
    (4) In the case of a patent infringement claim, a sufficient 
designation to permit identification of the accused subject matter (e.g. 
article(s) or process(es)) alleged to infringe the patent(s), giving the 
commercial designation, if known to the claimant, or, in the case of a 
copyright infringement claim, the accused subject matter (e.g. act(s) or 
work(s)) alleged to infringe the copyright.
    (5) In the case of a patent infringement claim, a designation of at 
least one claim of each patent alleged to be infringed or, in the case 
of a copyright infringement claim, a copy of each work alleged to be 
infringed.

[[Page 138]]

    (6) As an alternative to paragraphs (a)(4) and (5) of this section, 
certification that the claimant has made a bona fide attempt to 
determine the accused subject matter, which is alleged to infringe the 
patent(s), or the accused subject matter alleged to infringe the 
copyright(s), but was unable to do so, giving reasons and stating a 
reasonable basis for the claimant's belief that the patent(s) or 
copyright(s) is being infringed.
    (b) Additional information for patent infringement claims. In 
addition to the information listed in paragraph (a) of this section, the 
following material and information generally are necessary in the course 
of processing a claim of patent infringement. Claimants are encouraged 
to furnish this information at the time of filing a claim to permit 
rapid processing and resolution of the claim.
    (1) A copy of the asserted patent(s) and identification of all 
claims of the patent(s) alleged to be infringed.
    (2) Identification of all procurements known to the claimants that 
involve the accused item(s) or process(es), including the identity of 
the vendor(s) or contractor(s) and the Government acquisition activity 
or activities.
    (3) A detailed identification and description of the accused 
article(s) or process(es) used or acquired by the Government, 
particularly where the article(s) or process(es) relate to a 
component(s) or subcomponent(s) of an item acquired, and an element-by-
element comparison of representative claim(s) with the accused 
article(s) or process(es). If available, the identification and 
description should include documentation and drawings to illustrate the 
accused article(s) or process(es) in sufficient detail to enable 
determining whether the claim(s) of the asserted patent(s) read on the 
accused article(s) or process(es).
    (4) Names and addresses of all past and present licensees under the 
patent(s) and copies of all license agreements and releases involving 
the patent(s). In addition, an identification of all assignees of the 
patent(s).
    (5) A list of all persons to whom notices of infringement have been 
sent, including all departments and agencies of the Government, and a 
statement of the status or ultimate disposition of each.
    (6) A brief description of all litigation involving the patent(s) 
which was initiated at any time prior to the claim being filed and their 
present status. This includes any defenses or counterclaims made and 
positions maintained by opposing parties regarding invalidity of the 
patent(s).
    (7) A description of Government employment or military service, if 
any, by the inventor(s) or patent owner(s) including a statement from 
the inventor(s) or patent owner(s) certifying whether the invention 
claimed in the patents was conceived or reduced to practice, in part or 
in whole, during Government employment and whether such inventor(s) or 
owner(s) occupied any position from which such inventor(s) or owner(s) 
was capable of ordering, influencing, or inducing use of the invention 
by the Government.
    (8) A list of all contract(s) between the Government and 
inventor(s), patent owner(s), or anyone in privity with the patent 
owner(s), under which work relating to the patented subject matter was 
performed.
    (9) Evidence of title to the asserted patent(s) or other right to 
make the claim.
    (10) A copy of the United States Patent and Trademark Office (USPTO) 
file history of each patent, if it is available to the claimant. 
Indicate whether the patent has been the subject of any interference 
proceedings, certification of correction request, reexamination, or 
reissue proceedings at the USPTO, or lapsed for failure to pay any 
maintenance fee. In addition, the status of all corresponding foreign 
patents and patent applications and full copies of the same.
    (11) Pertinent prior art known to the claimant not contained in the 
USPTO file, for example, publications and foreign prior art. In addition 
to the foregoing, if claimant can provide a statement that the 
investigation may be limited to the specifically identified accused 
article(s) or process(es) or to a specific acquisition (e.g. identified 
contract(s)), it may speed disposition of

[[Page 139]]

the claim. Claimants are also encouraged to provide information on any 
ancillary matters that may have a bearing on validity or infringement.
    (c) Denial for refusal to provide information. In the course of 
investigating a claim, it may become necessary for NASA to request 
information in the control and custody of the claimant that is relevant 
to the disposition of the claim. Failure of the claimant to respond to a 
request for such information shall be sufficient reason alone for 
denying a claim.



Sec. 1245.203  Incomplete notice of infringement.

    (a) If a communication alleging patent infringement or copyright 
infringement is received that does not meet the requirements set forth 
in Sec. 1245.202(a), the sender shall be advised in writing by the 
Agency Counsel for Intellectual Property:
    (1) That the claim for infringement has not been satisfactorily 
presented; and
    (2) Of the elements necessary to establish a claim.
    (b) A communication, in which no infringement is alleged in 
accordance with Sec. 1245.202(a), such as a mere proffer of a license, 
shall not be considered a claim for infringement.



Sec. 1245.204  Indirect notice of infringement.

    A communication by a patent or copyright owner to addressees other 
than those specified in Sec. 1245.202(a), such as NASA contractors, 
including contractors operating Government-owned facilities, alleging 
that acts of infringement have occurred in the performance of a 
Government contract, grant, or other arrangement, shall not be 
considered a claim within the meaning of Sec. 1245.202(a) until such 
communication meets the requirements specified therein.



Sec. 1245.205  Processing of administrative claims.

    (a) Filing and forwarding of claims. All communications regarding 
claims should be addressed to: Agency Counsel for Intellectual Property, 
Office of the General Counsel, National Aeronautics and Space 
Administration, Washington, DC 20546-0001. If any communication relating 
to a claim or possible claim of patent or copyright infringement is 
received by an agency, organization, office, or field installation 
within NASA, it shall be forwarded to the Agency Counsel for 
Intellectual Property.
    (b) Disposition and notification. The General Counsel, or designee, 
shall investigate and administratively settle, deny, or otherwise 
dispose of each claim. When a claim is denied, the Agency shall so 
notify the claimant or the claimant's authorized representative and 
provide the claimant with the reasons for denying the claim. Disclosure 
of information shall be subject to applicable statutes, regulations, and 
directives pertaining to security, access to official records, and the 
rights of others.
    (c) Termination of claims. If, while an administrative claim for 
patent or copyright infringement is pending against NASA, the claimant 
brings suit for patent or copyright infringement against the United 
States in the Court of Federal Claims based on the same facts or 
transactions as the administrative claim, the administrative claim shall 
thereupon be automatically dismissed, with no further action being 
required of NASA.



                  Subpart 3_NASA Foreign Patent Program

    Authority: 51 U.S.C. 20135(g) and E.O. 9865, 12 FR 3907, 3 CFR, 
1943-1948 Comp., p. 651, and E.O. 10096, 15 FR 389, 3 CFR, 1949-1953 
Comp., p. 292.

    Source: 30 FR 1844, Feb. 10, 1965, unless otherwise noted.



Sec. 1245.300  Scope of subpart.

    This subpart establishes policy, criteria, and procedures concerning 
the NASA Foreign Patent Program.



Sec. 1245.301  Inventions under NASA contracts.

    (a) Pursuant to Sec. 1245.113, NASA has facilitated the filing of 
foreign patent applications by contractors by providing for the granting 
of a waiver of title to a contractor to any identified invention in 
countries other than the

[[Page 140]]

United States in the event the Administrator of NASA does not desire to 
file a patent application covering the invention in such countries. 
However, any such waiver is subject to the reservation by the 
Administrator of the license required to be retained by NASA under 51 
U.S.C. 20135(g) of the National Aeronautics and Space Act, as amended.
    (b) Conversely, where the principal rights in an invention made 
under a NASA contract remain in the contractor by virtue of waiver, 
Sec. 1245.19(a)(5) provides that the contractor, upon written request, 
will convey to the Administrator of NASA the entire right, title, and 
interest in the invention in any foreign country in which the contractor 
has elected not to file a patent application.
    (c) With respect to inventions in which NASA has acquired and 
retained the principal rights, NASA will file patent applications in 
countries other than the United States on inventions selected in 
accordance with the criteria set forth in Sec. 1245.303.

[30 FR 1844, Feb. 10, 1965, as amended at 80 FR 42029, July 16, 2015]



Sec. 1245.302  Inventions by NASA employees.

    (a) The foreign rights of NASA and of the NASA employee making an 
invention are determinable in accordance with Executive Orders 9865 and 
10096 and Government Patent Board Administrative Order No. 6 issued 
pursuant thereto.
    (b) Where NASA acquires an assignment of the domestic rights in an 
invention made by a NASA employee, NASA will also obtain an option to 
acquire the foreign rights, including the right to file foreign patent 
applications on the invention.
    (c) Where NASA is entitled to only a governmental license in the 
invention, the principal foreign rights in the invention are retained by 
the employee unless he agrees in writing to assign such rights to NASA.



Sec. 1245.303  Criteria.

    The following categories of inventions will be considered for the 
filing of patent applications by NASA in countries other than the United 
States:
    (a) Inventions which may be utilized abroad in governmental programs 
of the United States.
    (b) Inventions which may be exploited abroad in the public interest 
by license to U.S. nationals or others.
    (c) Inventions which may be utilized in applications type 
satellites, such as communications and meteorological satellites.
    (d) Inventions considered to be basic discoveries or of major 
significance in an art.
    (e) Inventions in fields which directly concern the public health or 
public welfare.



Sec. 1245.304  Procedures.

    (a) The patent counsel at each NASA field installation will review 
all invention disclosures at the time of docketing and will expedite the 
processing and preparation of a U.S. patent application, if justified, 
on those inventions which appear to fall within the criteria set forth 
in Sec. 1245.303. The patent counsel will make a recommendation as to 
whether or not foreign patent coverage appears justified at the time of 
assigning a priority evaluation to a disclosed invention.
    (b) Preparation and filing of patent applications in foreign 
countries will be subject to approval of the Assistant General Counsel 
for Patent Matters, NASA Headquarters.
    (c) The Office of Assistant General Counsel for Patent Matters will 
budget for and administer the filing of all patent applications in 
countries other than the United States.
    (d) Coordination with other interested NASA offices will be 
undertaken by the Assistant General Counsel for Patent Matters.

Subparts 4-5 [Reserved]



PART 1250_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF 
NASA_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
--Table of Contents



Sec.
1250.100  Purpose.
1250.101  Applicability.
1250.102  Definitions.
1250.103  Discrimination prohibited.

[[Page 141]]

1250.103-1  General.
1250.103-2  Specific discriminatory acts prohibited.
1250.103-3  Employment practices.
1250.103-4  Illustrative applications.
1250.103-5  Special benefits.
1250.103-6  Medical emergencies.
1250.104  Assurances.
1250-105  Compliance information.
1250.106  Conduct of investigations.
1250.107  Procedure for effecting compliance.
1250.108  Hearings.
1250.109  Decisions and notices.
1250.110  Judicial review.
1250.111  Effect on other regulations; forms and instructions.
1250.112  Relationship with other officials.

Appendix A to Part 1250--NASA Federal Financial Assistance to Which This 
          Part Applies

    Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1; and the laws 
listed in appendix A to this part.

    Source: 30 FR 301, Jan. 9, 1965, unless otherwise noted.



Sec. 1250.100  Purpose.

    The purpose of this part is to effectuate the provisions of Title VI 
of the Civil Rights Act of 1964 (hereafter referred to as ``the Act'') 
to the end that no person in the United States shall, on the ground of 
race, color or national origin, be excluded from participation in, be 
denied the benefits of, or be otherwise subjected to discrimination 
under any program or activity receiving Federal financial assistance 
from the National Aeronautics and Space Administration, hereinafter 
referred to as NASA.



Sec. 1250.101  Applicability.

    (a) Covered programs. (1) This part applies to any program for which 
Federal financial assistance is authorized under a law administered by 
NASA, including the types of Federal financial assistance listed in 
appendix A to this part. The fact that a type of Federal assistance is 
not listed in appendix A shall not mean, if Title VI of the Act is 
otherwise applicable, that a program is not covered. Other types of 
Federal financial assistance under statutes now in force or hereafter 
enacted may be added to appendix A by notice published in the Federal 
Register.
    (2) This part applies to money paid, property transferred, or other 
Federal financial assistance extended after the effective date of this 
part pursuant to an application approved prior to such effective date.
    (b) Excluded activities. This part does not apply to (1) any Federal 
financial assistance by way of insurance or guaranty contracts, (2) 
money paid, property transferred, or other assistance extended before 
the effective date of this part, except as provided in paragraph (a) of 
this section, (3) any assistance to any individual who is the ultimate 
beneficiary, (4) any employment practice, under any such program, of any 
employer, employment agency, or labor organization, except as provided 
in Sec. 1250.103-3, (5) contracts not covered in the types of Federal 
financial assistance listed in appendix A, or (6) advances, V-loans, and 
other financial assistance made incident to NASA procurements not 
covered in the types of Federal financial assistance listed in appendix 
A.

[30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003]



Sec. 1250.102  Definitions.

    As used in this part--
    (a) Administrator means the Administrator of the NASA.
    (b) Applicable means one who submits an application, request, 
proposal, or plan required to be approved by a responsible NASA 
official, or by a primary recipient, as a condition to eligibility for 
Federal financial assistance; and the term application means such an 
application, request, proposal or plan.
    (c) Facility includes all or any portion of structures, equipment, 
or other real or personal property or interests therein, and the 
provision of facilities includes the construction, expansion, 
renovation, remodeling, alteration or acquisition of facilities.
    (d) Federal financial assistance includes (1) grants and loans of 
Federal funds, (2) the grant or donation of Federal property and 
interests in property, (3) the detail of Federal personnel, (4) the sale 
and lease of, and the permission to use (on other than a casual or 
transient basis), Federal property or any interest in such property 
without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purpose of assisting the

[[Page 142]]

recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient, and (5) any Federal agreement, 
arrangement, or other contract which has as one of its purposes the 
provision of assistance.
    (e) NASA means the National Aeronautics and Space Administration.
    (f) Primary recipient means any recipient which is authorized or 
required to extend Federal financial assistance to another recipient.
    (g) Principal Compliance Officer means the Director, Equal 
Employment Opportunity Office, Office of Organization and Management, 
NASA Headquarters, or any successor officer to whom the Administrator 
should delegate authority to perform the functions assigned to the 
Principal Compliance Officer by this part.
    (h) Program or activity and program mean all of the operations of 
any entity described in paragraphs (h)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, or 
a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.
    (i) Recipient means any State, political subdivision of any State, 
or instrumentality of any State or political subdivision, any public or 
private agency, institution, or organization, or other entity, or any 
individual, in any State, to whom Federal financial assistance is 
extended, directly or through another recipient, including any 
successor, assign, or transferee thereof, but such term does not include 
any ultimate beneficiary.
    (j) Responsible NASA official means:
    (1) The heads of Offices at NASA Headquarters responsible for making 
grants, and contracts of the kind listed in appendix A; and
    (2) Each Director of a field installation which makes or administers 
grants and contracts of the kind listed in appendix A, or any officer to 
whom he has delegated authority to act within the areas of 
responsibility assigned to him under this part.
    (k) United States means the States of the United States, the 
District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 
Guam, Wake Island, the Canal Zone, and the territories and possessions 
of the United States, and the term State means any one of the foregoing.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.103  Discrimination prohibited.



Sec. 1250.103-1  General.

    No person in the United States shall, on the ground of race, color 
or national origin be excluded from participation in, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program to which this part applies.



Sec. 1250.103-2  Specific discriminatory acts prohibited.

    (a) A recipient to which this part applies may not, directly or 
through contractual or other arrangements, on

[[Page 143]]

ground of race, color, or national origin:
    (1) Deny an individual any service, financial aid, or other benefit 
provided under the program;
    (2) Provide any service, financial aid, or other benefit to an 
individual which is different, or is provided in a different manner, 
from that provided to others under the program;
    (3) In determining the site or location of facilities, a recipient 
or applicant may not make selections with the purpose or effect of 
excluding individuals from, denying them the benefits of, or subjecting 
them to discrimination under any program to which this regulation 
applies, on the grounds of race, color, or national origin; or with the 
purpose or effect of defeating or substantially impairing the 
accomplishment of the objectives of the Act or this regulation.
    (4) Subject an individual to segregation or separate treatment in 
any matter related to his receipt of any service, financial aid, or 
other benefit under the program;
    (5) Restrict an individual in any way in the enjoyment of any 
advantage or privilege enjoyed by others receiving any service, 
financial aid, or other benefit under the program;
    (6) Treat an individual differently from others in determining 
whether he satisfies any admission, enrollment, quota, eligibility, 
membership or other requirement or condition which individuals must meet 
in order to be provided any service, financial aid, or other benefit 
provided under the program;
    (7) Deny an individual an opportunity to participate in the program 
through the provision of services or otherwise or afford him an 
opportunity to do so which is different from that afforded others under 
the program (including the opportunity to participate in the program as 
an employee but only to the extent set forth in Sec. 1250.103-3).
    (b) A recipient, in determining the types of services, financial 
aid, or other benefits, or facilities which will be provided under any 
such program, or the class of individuals to whom, or the situations in 
which, such services, financial aid, other benefits, or facilities will 
be provided under any such program, or the class of individuals to be 
afforded an opportunity to participate in any such program, may not, 
directly or through contractual or other arrangements, utilize criteria 
or methods of administration which have the effect of subjecting 
individuals to discrimination because of their race, color, or national 
origin, or have the effect of defeating or substantially impairing 
accomplishment of the objectives of the program as respects individuals 
of a particular race, color, or national origin.
    (c) As used in this section the services, financial aid, or other 
benefits provided under a program receiving Federal financial assistance 
shall be deemed to include any service, financial aid, or other benefit 
provided in or through a facility provided with the aid of Federal 
financial assistance.
    (d) A recipient may not take action that is calculated to bring 
about indirectly what this part forbids it to accomplish directly.
    (e) The enumeration of specific forms of prohibited discrimination 
in this section does not limit the generality of the prohibition in 
Sec. 1250.103-1. This regulation does not prohibit the consideration of 
race, color, or national origin if the purpose and effect are to remove 
or overcome the consequences of practices or impediments which have 
restricted the availability of, or participation in, the program or 
activity receiving Federal financial assistance, on the grounds of race, 
color, or national origin. Where previous discriminatory practices or 
usage tends, on the grounds of race, color, or national origin, to 
exclude individuals from participation in, to deny them the benefits of, 
or to subject them to discrimination under any program or activity to 
which this regulation applies the applicant or recipient has an 
obligation to take reasonable action to remove or overcome the 
consequences of the prior discriminatory practice or usage, and to 
accomplish the purpose of the Act.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.103-3  Employment practices.

    (a) Where a primary objective of the Federal financial assistance to 
a program to which this part applies is to

[[Page 144]]

provide employment, a recipient may not directly or through contractual 
or other arrangements subject an individual to discrimination on the 
ground of race, color, or national origin in its employment practices 
under such program (including recruitment or recruitment advertising, 
employment, layoff or termination, upgrading, demotion, or transfer, 
rates of pay or other forms of compensation, and use of facilities), 
including programs where a primary objective of the Federal financial 
assistance is (1) to assist such individuals through employment to meet 
expenses incident to the commencement or continuation of their education 
or training, or (2) to provide work experience which contributes to the 
education or training of such individuals.
    (b) Employment opportunities provided in connection with any of the 
types of Federal financial assistance listed in appendix A, which 
opportunities are limited, or for which preference is given, to 
students, fellows, or other persons in training for the same or related 
employments, are programs of the kind described in paragraph (a)(1) and 
(2) of this section.
    (c) The requirements applicable to construction employment under any 
such program shall be those specified in or pursuant to Executive Order 
11246 or any Executive order which supersedes it.
    (d) Where a primary objective of the Federal financial assistance is 
not to provide employment, but discrimination on the grounds of race, 
color, or national origin in the employment practices of the recipient 
or other persons subject to the regulation tends, on the grounds of 
race, color, or national origin, to exclude individuals from 
participation in, to deny them the benefits of, or to subject them to 
discrimination under any program to which this regulation applies, the 
provisions of paragraph (a) of this section shall apply to the 
employment practices of the recipient or other persons subject to the 
regulation, to the extent necessary to assure equality of opportunity 
to, and nondiscriminatory treatment of, beneficiaries.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.103-4  Illustrative applications.

    (a) In training grant services discrimination is forbidden in the 
selection or eligibility of individuals to be trained and in their 
treatment by the grantee during their training. In any case where 
selection is made from a predetermined group, such as the students in an 
institution, the group must have been selected without discrimination.
    (b) In a research or training grant to a university for activities 
to be conducted in a graduate school, discrimination in the admission 
and treatment of students in the graduate school is prohibited and the 
prohibition extends to the entire university.
    (c) Discrimination in the treatment of students or other trainees 
includes the prohibition of discrimination among the students or 
trainees in the availability or use of any academic, dormitory, eating, 
recreational, or other facilities of the grantee or other recipient.
    (d) In a research or training grant, discrimination is prohibited 
with respect to the availability of any educational activity and any 
provision of medical or other services and any financial aid to 
individuals incident to the grant.
    (e) Upon transfers of real or personal property for research or 
educational uses, discrimination is forbidden to the same extent as in 
the case of grants for the construction of facilities or the provision 
of equipment for like purposes.
    (f) In some situations even though past discriminatory practices 
have been abandoned, the consequences of such practices continue to 
impede the full availability of a benefit. If the efforts required of 
the applicant or recipient under Sec. 1250.105 to provide information as 
to the availability of the program or activity, and the rights of 
beneficiaries under this regulation, have failed to overcome these 
consequences, it will become necessary for such applicant or recipient 
to take additional steps to make the benefits fully available to racial 
and nationality groups previously subjected to discrimination. This 
action might take the form, for example, of special arrangements for 
obtaining referrals or

[[Page 145]]

making selections which will insure that groups previously subjected to 
discrimination are adequately served.
    (g) Even though an applicant or recipient has never used 
discriminatory policies, the services and benefits of the program or 
activity it administers may not in fact be equally available to some 
racial or nationality groups. In such circumstances an applicant or 
recipient may properly give special consideration to race, color, or 
national origin to make the benefits of its program more widely 
available to such groups, not then being adequately served. For example, 
where a university is not adequately serving members of a particular 
racial or nationality group, it may establish special recruitment 
policies to make its program better known and more readily available to 
such group, and take other steps to provide that group with more 
adequate service.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.103-5  Special benefits.

    An individual shall not be deemed subjected to discrimination by 
reason of his exclusion from the benefits limited by Federal law to 
individuals of a particular race, color, or national origin different 
from his.

[30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003]



Sec. 1250.103-6  Medical emergencies.

    Notwithstanding the provisions of Secs. 1250.103 to 1250.103-5, a 
recipient of Federal financial assistance shall not be deemed to have 
failed to comply with Sec. 1250.103-1, if immediate provision of a 
service or other benefit to an individual is necessary to prevent his 
death or serious impairment of his health, and such service or other 
benefit cannot be provided except by or through a medical institution 
which refuses or fails to comply with Sec. 1250.103-1.



Sec. 1250.104  Assurances.

    (a) General requirement. Every application for Federal financial 
assistance to which this part applies, and every application for Federal 
financial assistance to provide a facility shall, as a condition to its 
approval and the extension of any Federal financial assistance pursuant 
to the application, contain, be accompanied by, or identify and make 
reference to, an assurance that the program will be conducted or the 
facility operated in compliance with all requirements imposed by or 
pursuant to this part. If the assurance is not made a part of the 
application, the application shall identify the assurance which is 
applicable to the application. One assurance shall suffice for all 
applications of an applicant if the assurance complies with the 
conditions made applicable by this part to each such application for 
Federal financial assistance. Every assurance shall include provisions 
which give the United States a right to seek its judicial enforcement.
    (b) Duration of assurances. The period of time to be covered by the 
assurances required under this Sec. 1250.104 shall be as follows:
    (1) Real property. In the case of an application for Federal 
financial assistance for providing real property or structures thereon, 
the assurance shall obligate the recipient, or in the case of a 
subsequent transfer, the transferee, for the period during which the 
real property or structures are used for a purpose for which the Federal 
financial assistance is extended or for another purpose involving the 
provision of similar services or benefits.
    (2) Personal property. In the case of an application for Federal 
financial assistance for providing personal property, the assurance 
shall obligate the recipient for the period during which he retains 
ownership or possession of the property.
    (3) Other kinds of Federal financial assistance. In the case of an 
application for any other kind of Federal financial assistance, the 
assurance shall obligate the recipient for the period during which 
Federal financial assistance is extended pursuant to the application.
    (c) Assurances for research, training, or educational programs. (1) 
In the case of application by an institution of higher education or any 
other organization for

[[Page 146]]

Federal financial assistance for a program or activity which involves 
participation by students, fellows or trainees, including but not 
limited to assistance for research, training, or the provision of 
facilities, the assurance required by this Sec. 1250.104 shall extend to 
admission practices and to all other practices relating to the treatment 
of students or other participants.
    (2) The assurances from such an applicant shall be applicable to the 
entire organization of the applicant.
    (d) Assurances for construction of facilities. In the case of 
assistance for the construction of a facility, or part thereof, the 
assurance shall extend to the entire facility and to facilities operated 
in connection therewith. In grants to assist in the construction of 
facilities for the provision of research, training, or educational 
services, assurances will be required that services will be provided 
without discrimination, to the same extent that discrimination would be 
forbidden as a condition of grants for the support of such services. 
Thus, as a condition of grants for the construction of academic, 
research or other facilities at institutions of higher education, 
assurances will be required that there will be no discrimination in the 
admission or treatment of students. Also, see paragraph (c) of this 
section for the requirement as to the applicability of the assurance to 
the applicant's organization.
    (e) Instrument effecting or recording transfers of real property. 
The instrument effecting or recording the transfer, shall contain a 
covenant running with the land assuring nondiscrimination for the period 
during which the real property is used for a purpose for which the 
Federal financial assistance is extended or for another purpose 
involving the provision of similar services or benefits. Where no 
transfer of property is involved, but property is improved with Federal 
financial assistance, the recipient shall agree to include such a 
covenant in any subsequent transfer of such property. Where the property 
is obtained from the Federal Government, such covenant may also include 
a condition coupled with a right to be reserved by NASA to revert title 
to the property in the event of a breach of the covenant where, in the 
discretion of the responsible NASA official, such a condition and right 
of reverter is appropriate to the statute under which the real property 
is obtained and to the nature of the grant and the grantee.
    (f) Assurances for transfer of surplus real property. Transfers of 
surplus property are subject to regulations issued by the Administrator 
of General Services (41 CFR 101-6.2).
    (g) Form of assurances. The responsible NASA officials shall specify 
the form of assurances required by this Sec. 1250.104 and the extent to 
which like assurances will be required by subgrantees, contractors and 
subcontractors, transferees, successors in interest, and other 
participants in the program.
    (h) Requests for proposals. Any request for proposals issued by NASA 
which relates to covered financial assistance listed in appendix A shall 
have set forth therein or have attached thereto the assurance prescribed 
in accordance with paragraph (g) of this section, and shall require that 
the proposer either include the assurance as a part of his signed 
proposal or identify and refer to an assurance already signed and 
submitted by the proposer.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.105  Compliance information.

    (a) Cooperation and assistance. Each responsible NASA official shall 
to the fullest extent practicable seek the cooperation of recipients in 
obtaining compliance with this part and shall provide assistance and 
guidance to recipients to help them comply voluntarily with this part.
    (b) Compliance reports. Each recipient shall keep such records and 
submit to the Principal Compliance Officer or his designee timely, 
complete and accurate compliance reports at such times, and in such form 
and containing such information, as the Principal Compliance Officer or 
his designee may determine to be necessary to enable him to ascertain 
whether the recipient has complied or is complying with this part. In 
the case in which a primary recipient extends Federal financial 
assistance to

[[Page 147]]

any other recipient, such other recipient shall also submit such 
compliance reports to the primary recipient as may be necessary to 
enable the primary recipient to carry out its obligations under this 
part.
    (c) Access to sources of information. Each recipient shall permit 
access by the Principal Compliance Officer or his designee during normal 
business hours to such of its books, records, accounts and other sources 
of information, and its facilities as may be pertinent to ascertain 
compliance with this part. Where any information required of a recipient 
is in the exclusive possession of any other agency, institution or 
person and that agency, institution or person shall fail or refuse to 
furnish this information, the recipient shall so certify in its report 
and shall set forth what efforts it has made to obtain the information.
    (d) Information to beneficiaries and participants. Each recipient 
shall make available to participants, beneficiaries, and other 
interested persons such information regarding the provisions of this 
part and its applicability to the program for which the recipient 
receives Federal financial assistance, and make such information 
available to them in such manner, as the Principal Compliance Officer 
finds necessary to apprise such persons of the protection against 
discrimination assured them by the Act and this part.

[30 FR 301, Jan. 9, 1965, as amended at 68 FR 51350, Aug. 26, 2003]



Sec. 1250.106  Conduct of investigations.

    (a) Periodic compliance reviews. The responsible NASA official or 
his designee shall from time to time review the practices of recipients 
to determine whether they are complying with this part.
    (b) Complaints. Any person who believes himself or any specific 
class of individuals to be subjected to discrimination prohibited by 
this part may by himself or by a representative file with the Principal 
Compliance Officer or his designee a written complaint. A complaint must 
be filed not later than 90 days from the date of the alleged 
discrimination, unless the time for filing is extended by the Principal 
Compliance Officer or his designee.
    (c) Investigations. The Principal Compliance Officer or his designee 
will make a prompt investigation whenever a compliance review, report, 
complaint, or any other information indicates a possible failure to 
comply with this part. The investigation should include, where 
appropriate, a review of the pertinent practices and policies of the 
recipient, the circumstances under which the possible noncompliance with 
this part occurred, and other factors relevant to a determination as to 
whether the recipient has failed to comply with this part.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with this 
part, the Principal Compliance Officer or his designee will so inform 
the recipient and the matter will be resolved by informal means whenever 
possible. If it has been determined that the matter cannot be resolved 
by informal means, action will be taken as provided for in 
Sec. 1250.107.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section, the responsible NASA official or his 
designee will so inform the recipient and the complainant, if any, in 
writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate against 
any individual for the purpose of interfering with any right or 
privilege secured by section 601 of the Act or this part, or because he 
has made a complaint, testified, assisted, or participated in any manner 
in an investigation, proceeding, or hearing under this part. The 
identity of complainants shall be kept confidential except to the extent 
necessary to carry out the purposes of this part, including the conduct 
of any investigation, hearing, or judicial proceeding arising 
thereunder.



Sec. 1250.107  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with this part, and if the noncompliance or threatened 
noncompliance cannot be corrected by informal means,

[[Page 148]]

compliance with this part may be effected by the suspension or 
termination of or refusal to grant or to continue Federal financial 
assistance or by any other means authorized by law. Such other means may 
include, but are not limited to, (1) a reference to the Department of 
Justice with a recommendation that appropriate proceedings be brought to 
enforce any rights of the United States under any law of the United 
States (including other titles of the Act), or any assurance or other 
contractual undertaking, and (2) any applicable proceeding under State 
or local law.
    (b) Noncompliance with Sec. 1250.104. If an applicant fails or 
refuses to furnish an assurance required under Sec. 1250.104 or 
otherwise fails or refuses to comply with a requirement imposed by or 
pursuant to that section, Federal financial assistance may be refused in 
accordance with the procedures of paragraph (c) of this section. NASA 
shall not be obligated to provide assistance in such a case during the 
pendency of the administrative proceedings under such subsection except 
that NASA shall continue assistance during the pendency of such 
proceedings where such assistance is due and payable pursuant to an 
application therefor approved prior to the effective date of this part.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. No order suspending, terminating or refusing to 
grant or continue Federal financial assistance shall become effective 
until (1) the responsible NASA official has advised the applicant or 
recipient of his failure to comply and has determined that compliance 
cannot be secured by voluntary means, (2) there has been an express 
finding on the record, after opportunity for hearing, of a failure by 
the applicant or recipient to comply with a requirement imposed by or 
pursuant to this part, (3) the action has been approved by the 
Administrator pursuant to Sec. 1250.109(e), and (4) the expiration of 30 
days after the Administrator has filed with the committee of the House 
and the committee of the Senate having legislative jurisdiction over the 
program involved, a full written report of the circumstances and the 
grounds for such action. Any action to suspend or terminate or to refuse 
to grant or to continue Federal financial assistance shall be limited to 
the particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. No action to effect compliance by 
any other means authorized by law shall be taken until (1) the Principal 
Compliance Officer has determined that compliance cannot be secured by 
voluntary means, (2) the recipient or other person has been notified of 
its failure to comply and of the action to be taken to effect compliance 
and (3) the expiration of at least 10 days from the mailing of such 
notice to the recipient or other person. During this period of at least 
10 days additional efforts shall be made to persuade the recipient or 
other person to comply with this part and to take such corrective action 
as may be appropriate.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973]



Sec. 1250.108  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 1250.107(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and either 
(1) fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the Principal 
Compliance Officer that the matter be scheduled for hearing or (2) 
advise the applicant or recipient that the matter in question has been 
set down for hearing at a stated place and time. The time and place so 
fixed shall be reasonable and shall be subject to change for cause. The 
complainant, if any, shall be advised of the time and place of the 
hearing. An applicant or recipient may waive a hearing and submit 
written information and argument for the record.

[[Page 149]]

The failure of an applicant or recipient to request a hearing under this 
paragraph or to appear at a hearing for which a date has been set shall 
be deemed to be a waiver of the right to a hearing under section 602 of 
the Act and Sec. 1250.107(c) of this part and consent to the making of a 
decision on the basis of such information as is available.
    (b) Time and place of hearing. Hearings shall be held at NASA 
Headquarters in Washington, DC, at a time fixed by the Principal 
Compliance Officer unless he determines that the convenience of the 
applicant or recipient or of NASA requires that another place be 
selected. Hearings shall be held before the Administrator, or, at his 
discretion, before a hearing examiner designated in conformity with 5 
U.S.C. 3105 and 3344 (section 11 of the Administrative Procedure Act).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and NASA shall have the right to be represented 
by counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
5 U.S.C. 554-557 (section 5-8 of the Administrative Procedure Act), and 
in accordance with such rules of procedure as are proper (and not 
inconsistent with this section) relating to the conduct of the hearing, 
giving of notices subsequent to those provided for in paragraph (a) of 
this section, taking of testimony, exhibits, arguments, and briefs, 
requests for findings, and other related matters. Both NASA and the 
applicant or recipient shall be entitled to introduce all relevant 
evidence on the issues as stated in the notice for hearing or as 
determined by the officer conducting the hearing at the outset of or 
during the hearing.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this part, but rules or principles designed to 
assure production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the officer conducting the hearing. The hearing officer may 
exclude irrelevant, immaterial, or unduly repetitious evidence. All 
documents and other evidence offered or taken for the record shall be 
open to examination by the parties and opportunity shall be given to 
refute facts and arguments advanced on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent the 
substance thereof is stipulated for the record. All decisions shall be 
based upon the hearing record and written findings shall be made.
    (e) Consolidated or joint hearings. In cases in which the same or 
related facts are asserted to constitute non-compliance with this part 
with respect to two or more Federal statutes, authorities, or other 
means by which Federal financial assistance is extended and to which 
this part applies, or non-compliance with this part and the regulations 
of one or more other Federal departments or agencies issued under Title 
VI of the Act, the Administrator may, by agreement with such other 
departments or agencies where applicable, provide for the conduct of 
consolidated or joint hearings, and for the application to such hearings 
of rules of procedures not inconsistent with the part. Final decisions 
in such cases, insofar as this part is concerned, shall be made in 
accordance with Sec. 1250.109.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.109  Decisions and notices.

    (a) Decision by person other than the NASA Principal Compliance 
Officer. If the hearing is held by a hearing examiner, such hearing 
examiner shall either make an initial decision, if so authorized, or 
certify the entire record including his recommended findings and 
proposed decision to the Principal Compliance Officer for a final 
decision, and a copy of such initial decision or certification shall be 
mailed to the applicant or recipient. Where the initial decision is made 
by the hearing examiner, the applicant or recipient may, within 30 days 
of the mailing of such notice of initial decision, file with the 
Principal Compliance Officer his exceptions to the initial decision with 
his reasons therefor. In the absence of exceptions, the Principal 
Compliance Officer may on his own motion, within 45 days after the 
initial decision, serve on

[[Page 150]]

the applicant or recipient a notice that he will review the decision. 
Upon the filing of such exceptions or of such notice of review the 
Principal Compliance Officer shall review the initial decision and issue 
his own decision thereon including the reasons therefor. In the absence 
of either exceptions or a notice of review the initial decision shall 
constitute the final decision of the Principal Compliance Officer.
    (b) Decisions on record or review by the NASA Principal Compliance 
Officer. Whenever a record is certified to the Principal Compliance 
Officer for decision or he reviews the decision of a hearing examiner 
pursuant to paragraph (a) of this section, or whenever the Administrator 
conducts the hearing, the applicant or recipient shall be given 
reasonable opportunity to file with him briefs or other written 
statements of its contentions, and a copy of the final decision of the 
Principal Compliance Officer shall be given in writing to the applicant 
or recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 1250.108, a decision shall be made by 
the Principal Compliance Officer on the record and a copy of such 
decision shall be given in writing to the applicant or recipient, and to 
the complainant, if any.
    (d) Rulings required. Each decision of a hearing officer or the 
Principal Compliance Officer shall set forth his ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to this part with which it is 
found that the applicant or recipient has failed to comply.
    (e) Approval by administrator. Any final decision of the NASA 
Principal Compliance Officer which provides for the suspension or 
termination of, or the refusal to grant or continue Federal financial 
assistance, or the imposition of any other sanction available under this 
part or the Act, shall promptly be transmitted to the Administrator, who 
may approve such decision, may vacate it, or remit or mitigate any 
sanction imposed.
    (f) Content of orders. The final decision may provide for suspension 
or termination of, or refusal to grant or continue Federal financial 
assistance, in whole or in part, to which this regulation applies, and 
may contain such terms, conditions, and other provisions as are 
consistent with and will effectuate the purposes of the Act and this 
part including provisions designed to assure that no Federal financial 
assistance to which this regulation applies will thereafter be extended 
to the applicant or recipient determined by such decision to be in 
default in its performance of an assurance given by it pursuant to this 
part, or to have otherwise failed to comply with this part, unless and 
until it corrects its non-compliance and satisfies the Principal 
Compliance Officer that it will fully comply with this part.
    (g) Post termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this regulation and provides reasonable assurance that it will fully 
comply with this regulation.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the Principal Compliance Officer to restore fully the 
eligibility to receive Federal financial assistance. Any such request 
shall be supported by information showing that the applicant or 
recipient has met the requirements of paragraph (g)(1) of this section. 
If the Principal Compliance Officer determines that those requirements 
have been satisfied, he shall restore such eligibility.
    (3) If the Principal Compliance Officer denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It shall 
thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the Principal 
Compliance Officer. The applicant or recipient will be restored to such 
eligibility if it proves at such a hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings

[[Page 151]]

under this paragraph are pending, the sanctions imposed by the order 
issued under paragraph (f) of this section shall remain in effect.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.110  Judicial review.

    Action taken pursuant to section 602 of the Act is subject to 
judicial review as provided in section 603 of the Act.



Sec. 1250.111  Effect on other regulations; forms and instructions.

    (a) Effect on other regulations. All regulations, orders, or like 
directions heretofore issued by any officer of NASA which impose 
requirements designed to prohibit any discrimination against individuals 
on the ground of race, color, or national origin under any program to 
which this part applies, and which authorize the suspension or 
termination of or refusal to grant or to continue Federal financial 
assistance to any applicant for or recipient of such assistance for 
failure to comply with such requirements, are hereby superseded to the 
extent that such discrimination is prohibited by this part, except that 
nothing in this part shall be deemed to relieve any person of any 
obligation assumed or imposed under any such superseded regulation, 
order, instruction, or like direction prior to the effective date of 
this Instruction. Nothing in this part, however, shall be deemed to 
supersede any of the following (including future amendments thereof): 
(1) Executive Orders 10925 and 11246 and regulations or instructions 
issued thereunder, or (2) any other regulations or instructions, insofar 
as such other regulations or instructions prohibit discrimination on the 
ground of race, color, or national origin in any program or situation to 
which this part is inapplicable, or prohibit discrimination on any other 
ground.
    (b) Forms and instructions. Each responsible NASA official shall 
issue and promptly make available to interested persons forms and 
detailed instructions and procedures for effectuating this part as 
applied to financial assistance to which this part applies and for which 
he is responsible.
    (c) Supervision and coordination. The Administrator may assign to 
officials of other departments or agencies of the Government, with the 
consent of such departments or agencies, responsibilities in connection 
with the effectuation of the purposes of Title VI of the Act and this 
part (other than responsibility for final decision as provided in 
Sec. 1250.109), including the achievement of effective coordination and 
maximum uniformity within NASA and within the Executive Branch of the 
Government in the application of Title VI and this part to similar 
programs and in similar situations. Any action taken, determination 
made, or requirement imposed by an official of another department or 
agency acting pursuant to an assignment of responsibility under this 
subsection shall have the same effect as though such action has been 
taken by the responsible official of this agency.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]



Sec. 1250.112  Relationship with other officials.

    NASA officials, in performing the functions assigned to them by this 
part, are responsible for recognizing the delegations of authority and 
responsibility of other NASA officials and for seeing the actions taken 
or instructions issued by them are properly coordinated with the offices 
and divisions having joint interests.



Sec. Appendix A to Part 1250--NASA Federal Financial Assistance to Which 
                            This Part Applies

    1. Grants made under the authority of Pub. L. 85-934, approved 
September 6, 1958 (42 U.S.C. 1891-1893).
    2. Contracts with nonprofit institutions of higher education or with 
nonprofit organizations whose primary purpose is the conduct of 
scientific research, wherein title to equipment purchased with funds 
under such contracts may be vested in such institutions or organizations 
under the authority of section 2 of Pub. L. 85-934, approved September 
6, 1938 (42 U.S.C. 1892).
    3. Training grants made under the authority of the National 
Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451-2460, 
2472-2473).

[[Page 152]]

    4. Facilities grants made under authority in annual NASA 
authorization and appropriation acts.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973]



PART 1251_NONDISCRIMINATION ON BASIS OF DISABILITY--Table of Contents



                    Subpart 1251.1_General Provisions

Sec.
1251.100  Purpose and broad coverage.
1251.101  Application.
1251.102  Definitions.
1251.103  Discrimination prohibited.
1251.104  Assurances required.
1251.105  Remedial action, voluntary action, and self-evaluation.
1251.106  Designation of responsible employee and adoption of grievance 
          procedures.
1251.107  Notice.
1251.108  Administrative requirements for small recipients.
1251.109  Effect of State or local law or other requirements and effect 
          of employment opportunities.
1251.110  Direct threat.
1251.111  Reasonable accommodation.
1251.112  Communications.
1251.113  Illegal Use of drugs.

                   Subpart 1251.2_Employment Practices

1251.200  Discrimination prohibited.
1251.201  Reasonable accommodation.
1251.202  Employment criteria.
1251.203  Preemployment inquiries.

                      Subpart 1251.3_Accessibility

1251.300  Discrimination prohibited.
1251.301  Existing facilities.
1251.302  New construction.

                        Subpart 1251.4_Procedures

1251.400  Compliance Procedures.

    Subpart 1251.5_Enforcement of Nondiscrimination on the Basis of 
     Disability in Programs or Activities Conducted by the National 
                  Aeronautics and Space Administration

1251.501  Purpose.
1251.502  Application.
1251.503  Definitions.
1251.504-1251.509  [Reserved]
1251.510  Self-evaluation.
1251.511  Notice.
1251.512-1251.529  [Reserved]
1251.530  General prohibitions against discrimination.
1251.531-1251.539  [Reserved]
1251.540  Employment.
1251.541-1251.548  [Reserved]
1251.549  Program accessibility: Discrimination prohibited.
1251.550  Program accessibility: Existing facilities.
1251.551  Program accessibility: New construction and alterations.
1251.552-1251.559  [Reserved]
1251.560  Communications.
1251.561-1251.569  [Reserved]
1251.570  Compliance procedures.
1251.571-1251.579  [Reserved]
1251.580  Direct threat.
1251.581  Reasonable accommodation.
1251.582  Illegal use of drugs
1251.583-1251.999  [Reserved]

    Authority: Sec. 504 (29 U.S.C. 794)

    Source: 51 FR 26862, July 28, 1986, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 1251 appear at 81 FR 
3709, Jan. 22, 2016.



                    Subpart 1251.1_General Provisions



Sec. 1251.100  Purpose and broad coverage.

    (a) Purpose. This part effectuates section 504 of the Rehabilitation 
Act of 1973, which is designed to eliminate discrimination on the basis 
of disability in any program or activity receiving Federal financial 
assistance.
    (b) Broad scope of coverage. Consistent with the Americans with 
Disabilities Act Amendments Act of 2008's purpose (ADA Amendments Act) 
of reinstating a broad scope of protection under the ADA and section 
504, the definition of ``disability'' applicable to this part shall be 
construed broadly in favor of expansive coverage to the maximum extent 
permitted by the terms of this part. The primary object of attention in 
cases brought under this part should be whether entities covered under 
section 504 have complied with their obligations and whether 
discrimination has occurred, not whether the individual meets the 
definition of disability. The question of whether an individual meets 
the definition of disability under this part should not demand extensive 
analysis.

[81 FR 3709, Jan. 22, 2016]



Sec. 1251.101  Application.

    This part applies to each recipient of Federal financial assistance 
from the

[[Page 153]]

National Aeronautics and Space Administration and to each program or 
activity that receives such assistance.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]



Sec. 1251.102  Definitions

    As used in this part, the term:
    (a) 2004 ADAAG means the Americans with Disabilities Act (ADA) 
Accessibility Guidelines for Buildings and Facilities requirements set 
forth in appendices B and D to 36 CFR part 1191 (2009).
    (b) 2010 Standards means the 2010 ADA Standards for Accessible 
Design, which consist of the 2004 ADAAG and the requirements contained 
in 28 CFR 35.151.
    (c) Applicant for assistance means one who submits an application, 
request, or plan required to be approved either by a NASA official or by 
a recipient, as a condition to becoming a recipient.
    (d) Associate Administrator means the Associate Administrator for 
Diversity and Equal Opportunity Programs for NASA.
    (e) Auxiliary aids and services means services or devices that 
enable persons with sensory, manual, or speech disabilities to have an 
equal opportunity to participate in, and enjoy the benefits of, programs 
or activities conducted by the recipient. Auxiliary aids and services 
include:
    (1) Qualified interpreters onsite or through video remote 
interpreting (VRI) services; notetakers; real-time computer-aided 
transcription services; written materials; exchange of written notes; 
telephone handset amplifiers; assistive listening devices; assistive 
listening systems; telephones compatible with hearing aids; closed 
caption decoders; open and closed captioning, including real-time 
captioning; voice, text, and video-based telecommunications products and 
systems, including text telephones (TTYs), videophones, and captioned 
telephones, or equally effective telecommunications devices; videotext 
displays; accessible electronic and information technology; or other 
effective methods of making aurally delivered information available to 
individuals who are deaf or hard of hearing;
    (2) Qualified readers; taped texts; audio recordings; Brailled 
materials and displays; screen reader software; magnification software; 
optical readers; secondary auditory programs (SAP); large print 
materials; accessible electronic and information technology; or other 
effective methods of making visually delivered materials available to 
individuals who are blind or have low vision;
    (3) Acquisition or modification of equipment or devices; and
    (4) Other similar services and actions.
    (f) Direct threat means a significant risk to the health or safety 
of others that cannot be eliminated by a change to policies, practices 
or procedures, or by the provision of auxiliary aids or services as 
provided in Sec. 1251.110 of this part.
    (g) Disability means the definition given that term in the 
Department of Justice's regulation implementing title II of the ADA at 
28 CFR part 35.
    (h) Drug means a controlled substance as defined in schedules I 
through V of section 202 of the Controlled Substances Act (21 U.S.C. 
812).
    (i) Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, or other real or personal 
property or interest in such property.
    (j) Federal financial assistance means any grant, loan, contract 
(other than a procurement contract or a contract of insurance or 
guaranty), or any other arrangement by which the agency provides or 
otherwise makes available assistance in the form of:
    (1) Funds;
    (2) Services of Federal personnel; or
    (3) Real and personal property or any interest in or use of such 
property, including:
    (i) Transfers or leases of such property for less than fair market 
value or for reduced consideration; and
    (ii) Proceeds from a subsequent transfer or lease of such property 
if the Federal share of its fair market value is not returned to the 
Federal Government.
    (k) Illegal use of drugs means the use of one or more drugs, the 
possession or distribution of which is unlawful under the Controlled 
Substances Act (21 U.S.C. 812). The term illegal use of drugs does not 
include the use of a drug

[[Page 154]]

taken under supervision by a licensed health care professional, or other 
uses authorized by the Controlled Substances Act or other provisions of 
Federal law.
    (l) Individual with a disability means any individual who has a 
disability as defined in 28 CFR part 35. The term ``individual with a 
disability'' does not include an individual who is currently engaging in 
the illegal use of drugs, when the recipient acts on the basis of such 
use.
    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, or 
a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.
    (n) Qualified individual with a disability means:
    (1) With respect to any aid, benefit, or service, provided under a 
program or activity subject to this part, an individual with a 
disability who, with or without reasonable accommodations in rules 
policies, or procedures, the removal of architectural, communication, or 
transportation barriers, or the provision auxiliary aids or services, 
meets the essential eligibility requirements for participation in, or 
receipt from, that aid, benefit, or service, and
    (2) With respect to employment, the definition given that term in 
the Equal Employment Opportunity Commission's regulation at 29 CFR part 
1630, implementing Title I of the Americans with Disabilities Act of 
1990, which regulation is made applicable to this part by Sec. 1251.2.
    (o) Recipient means any state or its political subdivision, any 
instrumentality of a state or its political subdivision, any public or 
private agency, institution, organization, or other entity, or any 
person to which Federal financial assistance is extended directly or 
through another recipient, including any successor, assignee, or 
transferee of a recipient, but excluding the ultimate beneficiary of the 
assistance.
    (p) Section 504 means section 504 of the Act.
    (q) The Act means the Rehabilitation Act of 1973, Pub. L. 93-112, as 
amended, 29 U.S.C. 794 et seq.

[81 FR 3709, Jan. 22, 2016]



Sec. 1251.103  Discrimination prohibited.

    (a) General. No qualified individual with a disability shall, on the 
basis of disability, be excluded from participation in, be denied the 
benefits of, or otherwise be subjected to discrimination under any 
program or activity which receives Federal financial assistance.
    (b) Discriminatory actions prohibited. (1) A recipient, in providing 
any aid, benefits, or services, may not, directly or through 
contractual, licensing, or other arrangements, on the basis of 
disability:
    (i) Deny a qualified individual with a disability the opportunity to 
participate in or benefit from the aid, benefit, or service;

[[Page 155]]

    (ii) Afford a qualified individual with a disability an opportunity 
to participate in or benefit from aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with a disability with an aid, 
benefit, or service that is not as effective as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with disabilities or to any class of individuals with 
disabilities unless such action is necessary to provide qualified 
individuals with disabilities with aid, benefits, or services that are 
as effective as those provided to others;
    (v) Aid or perpetuate discrimination against a qualified individual 
with a disability by providing significant assistance to an agency, 
organization, or person that discriminates on the basis of disability in 
providing any aid, benefit, or service to beneficiaries of the 
recipient's program or activity;
    (vi) Deny a qualified individual with a disability the opportunity 
to participate as a member of planning or advisory boards; or
    (vii) Otherwise limit a qualified individual with a disability in 
the enjoyment of any right, privilege, advantage, or opportunity enjoyed 
by others receiving an aid, benefit, or service.
    (2) For purposes of this part, aids, benefits, and services, to be 
equally effective, are not required to produce the identical result or 
level of achievement for individuals with disabilities and individuals 
without disabilities, but must afford individuals with disabilities 
equal opportunity to obtain the same result, to gain the same benefit, 
or to reach the same level of achievement, in the most integrated 
setting appropriate to the person's needs.
    (3) Recipients shall take appropriate steps to ensure that no 
individual with disability is denied the benefits of, excluded from 
participation in, or otherwise subjected to discrimination in any 
program or activity receiving Federal financial assistance because of 
the absence of auxiliary aids for individuals with impaired sensory, 
manual, or speaking skills.
    (4) Despite the existence of separate or different aid, benefits, or 
services provided in accordance with this part, a recipient may not deny 
a qualified individual with a disability the opportunity to participate 
in such programs or activities that are not separate or different.
    (5) A recipient may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration:
    (i) That have the effect of subjecting qualified individuals with 
disabilities to discrimination of the basis of disability;
    (ii) That have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of the recipient's program or 
activity with respect to individuals with disabilities; or
    (iii) That perpetuate the discrimination of another recipient if 
both recipients are subject to common administrative control or are 
agencies of the same State.
    (6) In determining the site or location of a facility, an applicant 
for assistance or a recipient may not make selections:
    (i) That have the effect of excluding individuals with disabilities 
from, denying them the benefits of, or otherwise subjecting them to 
discrimination under any program or activity that receives Federal 
financial assistance; or
    (ii) That have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of the program or 
activity with respect to individuals with disabilities.
    (7) As used in this section, the aid, benefit, or service provided 
under a program or activity receiving Federal financial assistance 
includes any aid, benefit, or service provided in or through a facility 
that has been constructed, expanded, altered, leased or rented, or 
otherwise acquired, in whole or in part, with Federal financial 
assistance.
    (8) Recipients shall take appropriate steps to ensure that 
communications with their applicants, employees, and beneficiaries are 
available to persons with impaired vision and hearing.
    (c) Aid, benefits, or services limited by Federal law. The exclusion 
of individuals without disabilities from aid, benefits, or services 
limited by Federal

[[Page 156]]

statute of Executive order to individuals with disabilities from aid, 
benefits, or services limited by Federal statute or Executive order to a 
different class of individuals with disabilities is not prohibited by 
this part.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]



Sec. 1251.104  Assurances required.

    (a) Assurances. An applicant for Federal financial assistance to 
which this part applies shall submit an assurance, on a form specified 
by the Associate Administrator, that the program or activity will be 
operated in compliance with this part. An applicant may incorporate 
these assurances by reference in subsequent applications to NASA.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended in the form of real property or to provide real 
property or structures on the property, the assurance will obligate the 
recipient or, in the case of a subsequent transfer, the transferee, for 
the period during which the real property or structures are used for the 
purpose for which Federal financial assistance is extended or for 
another purpose involving the provision of similar services or benefits.
    (2) In the case of Federal financial assistance extended to provide 
personal property, the assurance will obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases, the assurance will obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Covenants. (1) Where Federal financial assistance is provided in 
the form of real property or interest in the property from NASA, the 
instrument effecting or recording this transfer shall contain a covenant 
running with the land to assure nondiscrimination for the period during 
which the real property is used for a purpose for which the Federal 
financial assistance is extended or for another purpose involving the 
provision of similar services or benefits.
    (2) Where no transfer of property is involved but property is 
purchased or improved with Federal financial assistance, the recipient 
shall agree to include the covenant described in paragraph (c)(3) of 
this section in the instrument effecting or recording any subsequent 
transfer of the property.
    (3) Where Federal financial assistance is provided in the form of 
real property or interest in the property from NASA, the covenant shall 
also include a condition coupled with a right to be reserved by NASA to 
revert title to the property in the event of a breach of the covenant. 
If a transferee of real property proposes to mortgage or otherwise 
encumber the real property as security for financing construction of 
new, or improvement of existing facilities on the property for the 
purposes for which the property was transferred, the Associate 
Administrator may, upon request of the transferee and if necessary to 
accomplish such financing and upon such conditions as he or she deems 
appropriate, agree to forbear the exercise of such right to revert title 
for so long as the lien of such mortgage or other encumbrance remains 
effective.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003; 
81 FR 3711, Jan. 22, 2016]



Sec. 1251.105  Remedial action, voluntary action, and self-evaluation.

    (a) Remedial action. (1) If the Associate Administrator finds that a 
recipient has discriminated against persons on the basis of disability 
in violation of section 504 or this part, the recipient shall take such 
remedial action as the Associate Administrator deems necessary to 
overcome the effects to the discrimination.
    (2) Where a recipient is found to have discriminated against persons 
on the basis of disability in violation of section 504 or this part and 
where another recipient exercises control over the recipient that has 
discriminated, the Associate Administrator, where appropriate, may 
require either or both recipients to take remedial action.
    (3) The Associate Administrator may, where necessary to overcome the 
effects of discrimination in violation of section 504 or this part, 
require a recipient to take remedial action:
    (i) With respect to individuals with disabilities who are no longer 
participants in the recipient's program or activity but who were 
participants in the

[[Page 157]]

program or activity when such discrimination occurred; or
    (ii) With respect to individuals with disabilities who would have 
been participants in the program or activity had the discrimination not 
occurred; or
    (iii) With respect to individuals with disabilities presently in the 
program or activity, but not receiving full benefits or equal and 
integrated treatment within the program or activity.
    (b) Voluntary action. A recipient may take steps, in addition to any 
action that is required by this part, to overcome the effects of 
conditions that resulted in limited participation in the recipient's 
program or activity by qualified individuals with disabilities.
    (c) Self-evaluation. (1) A recipient shall, within 1 year of the 
effective date of this part; or within 1 year of first becoming a 
recipient:
    (i) Evaluate, with the assistance of interested persons, including 
individuals with disabilities or organizations representing individuals 
with disabilities, its current policies and practices and the effects 
thereof that do not or may not meet the requirements of this part;
    (ii) Modify, after consultation with interested persons, including 
individuals with disabilities or organizations representing individuals 
with disabilities, any policies and practices that do not meet the 
requirements of this part; and
    (iii) Take, after consultation with interested persons, including 
individuals with disabilities or organizations representing individuals 
with disabilities, appropriate remedial steps to eliminate the effects 
of any discrimination that resulted from adherence to these policies and 
practices.
    (2) A recipient that employs 15 or more persons shall, for at least 
3 years, follow completion of the evaluation required under paragraph 
(c)(1) of this section, maintain on file, make available for public 
inspection, and provide to the Associate Administrator upon request:
    (i) A list of the interested persons consulted;
    (ii) A description of areas examined and any problems identified; 
and
    (iii) A description of any modifications made and of any remedial 
steps taken.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003; 
81 FR 3711, Jan. 22, 2016]



Sec. 1251.106  Designation of responsible employee and adoption of
grievance procedures.

    (a) Designation of responsible employee. A recipient that employs 15 
or more persons shall designate at least one person to coordinate its 
efforts to comply with this part.
    (b) Adoption of grievance procedures. A recipient that employs 15 or 
more persons shall adopt grievance procedures that incorporate 
appropriate due process standards and that provide for the prompt and 
equitable resolution of complaints alleging any action prohibited by 
this part. Such procedures need not to be established with respect to 
complaints from applicants for employment or from applicants for 
admission to postsecondary educational institutions.



Sec. 1251.107  Notice.

    (a) A recipient that employs 15 or more persons shall take 
appropriate initial and continuing steps to notify participants, 
beneficiaries, applicants, and employees, including those with vision or 
hearing disabilities, and unions or professional organizations holding 
collective bargaining or professional agreements with the recipient that 
it does not discriminate on the basis of disability in violation of 
section 504 and this part. The notification shall state, where 
appropriate, that the recipient does not discriminate in admission or 
access to, or treatment or employment in, its programs or activities. 
The notification shall also include an identification of the responsible 
employee designated pursuant to Sec. 1251.106(a). A recipient shall make 
the initial notification required by this paragraph within 90 days of 
the effective date of this part. Methods of initial and continuing 
notification may include the posting of notices, transmission via 
electronic mail or text message, publication on the recipient's internet 
Web site, or in newspapers and

[[Page 158]]

magazines, placement of notices in recipient's publication, and 
distribution of memoranda or other written communications.
    (b) If a recipient publishes or uses recruitment materials or 
publications containing general information that it makes available to 
participants, beneficiaries, applicants, or employees, it shall include 
in those materials or publications a statement of the policy described 
in paragraph (a) of this section. A recipient may meet the requirement 
of this section and this paragraph either by including appropriate 
inserts in existing materials and publications or by revising and 
reprinting the materials and publications.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003; 
81 FR 3711, Jan. 22, 2016]



Sec. 1251.108  Administrative requirements for small recipients.

    The Associate Administrator may require any recipient with fewer 
than 15 employees, or any class of such recipients, to comply with 
Secs. 1251.106 and 1251.107, in whole or in part, when the Associate 
Administrator finds a violation of this part or finds that such 
compliance will not significantly impair the ability of the recipient or 
class of recipients to provide benefits or services.

[51 FR 26862, July 28, 1986, as amended at 81 FR 3711, Jan. 22, 2016]



Sec. 1251.109  Effect of State or local law or other requirements and
effect of employment opportunities.

    (a) The obligation to comply with this part is not obviated or 
alleviated by the existence of any state or local law or other 
requirement that, on the basis of disability, imposes prohibitions or 
limits upon the eligibility of qualified individuals with disabilities 
to receive services or to practice any occupation or profession.
    (b) The obligation to comply with this part is not obviated or 
alleviated because employment opportunities in any occupation or 
profession are or may be more limited for individuals with disabilities 
than for individuals without disabilities.



Sec. 1251.110  Direct threat.

    (a) This part does not require a recipient to permit an individual 
to participate in or benefit from the services, programs, or activities 
of that recipient when that individual poses a direct threat to the 
health or safety of others.
    (b) In determining whether an individual poses a direct threat to 
the health or safety of others, a recipient must make an individualized 
assessment, based on reasonable judgment that relies on current medical 
knowledge or on the best available objective evidence, to ascertain: The 
nature, duration, and severity of the risk; the probability that the 
potential injury will actually occur; and whether reasonable 
accommodations in policies, practices, or procedures or the provision of 
auxiliary aids or services will mitigate the risk.

[81 FR 3711, Jan. 22, 2016]



Sec. 1251.111  Reasonable accommodation.

    A recipient shall make reasonable accommodations in policies, 
practices, or procedures when such accommodations are necessary to avoid 
discrimination on the basis of disability, unless the recipient can 
demonstrate that making the accommodations would fundamentally alter the 
nature of the service, program, or activity or result in an undue 
financial and administrative burden.

[81 FR 3711, Jan. 22, 2016]



Sec. 1251.112  Communications.

    (a) A recipient shall take appropriate steps to ensure that 
communications with applicants, participants, beneficiaries, members of 
the public, and companions with disabilities, are as effective as 
communications with others.
    (b)(1) A recipient shall furnish appropriate auxiliary aids or 
services where necessary to afford qualified individuals with 
disabilities, including applicants, participants, beneficiaries, and 
members of the public, an equal opportunity to participate in, and enjoy 
the benefits of, a program or activity of the recipient.

[[Page 159]]

    (i) In determining what type of auxiliary aid or service is 
necessary, the recipient shall give primary consideration to the 
requests of the individual with a disability.
    (ii) The recipient need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the recipient communicates with applicants and 
beneficiaries by telephone, telecommunication devices for deaf persons 
(TTY's) or equally effective telecommunication systems shall be used to 
communicate with persons who are deaf or hard of hearing or have speech 
impairments.
    (c) This section does not require the recipient to take any action 
that it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where the recipient believes that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the 
recipient has the burden of proving that compliance with Sec. 1251.112 
would result in such alteration or burdens. The decision that compliance 
would result in such alteration or burdens must be made by the chief 
executive officer of the recipient or his or her designee after 
considering all of the recipient's resources available for use in the 
funding and operation of the conducted program or activity and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action required to comply with this section would 
result in such an alteration or such burdens, the recipient shall take 
any other action that would not result in such an alteration or such 
burdens but would nevertheless ensure that, to the maximum extent 
possible, individuals with disabilities receive the benefits and 
services of the program or activity.

[81 FR 3711, Jan. 22, 2016]



Sec. 1251.113  Illegal Use of Drugs

    (a) General. (1) Except as provided in paragraph (b) of this 
section, this part does not prohibit discrimination against an 
individual based on that individual's current illegal use of drugs.
    (2) A recipient shall not discriminate on the basis of illegal use 
of drugs against an individual who is not engaging in current illegal 
use of drugs and who--
    (i) Has successfully completed a supervised drug rehabilitation 
program or has otherwise been rehabilitated successfully;
    (ii) Is participating in a supervised rehabilitation program; or
    (iii) Is erroneously regarded as engaging in such use.
    (b) Health and drug rehabilitation services. (1) A recipient shall 
not deny health services, or services provided in connection with drug 
rehabilitation, to an individual on the basis of that individual's 
current illegal use of drugs, if the individual is otherwise entitled to 
such services.
    (2) A drug rehabilitation or treatment program may deny 
participation to individuals who engage in illegal use of drugs while 
they are in the program.
    (c) Drug testing. (1) This part does not prohibit a recipient from 
adopting or administering reasonable policies or procedures, including 
but not limited to drug testing, designed to ensure that an individual 
who formerly engaged in the illegal use of drugs is not now engaging in 
current illegal use of drugs.
    (2) Nothing in this paragraph (c) shall be construed to encourage, 
prohibit, restrict, or authorize the conduct of testing for the illegal 
use of drugs.

[81 FR 3711, Jan. 22, 2016]



                   Subpart 1251.2_Employment Practices



Sec. 1251.200  Discrimination prohibited.

    (a) General. No qualified individual shall, on the basis of 
disability, be subjected to discrimination in employment under any 
program or activity to which this part applies.
    (b) Employment discrimination standards. The standards used to 
determine whether paragraph (a) of this section has been violated shall 
be the standards applied under Title I of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and, as such sections 
relate to employment, the provisions of sections 501 through 504 and 510 
of the Americans with Disabilities Act

[[Page 160]]

of 1990 (42 U.S.C. 12201-12204 and 12210), as amended by the ADA 
Amendments Act of 2008 (Pub. L. 110-325), as such standards are 
implemented in the Equal Employment Opportunity Commission's regulation 
at 29 CFR part 1630. The procedures to be used to determine whether 
paragraph (a) of this section has been violated shall be the procedures 
set forth in Sec. 1251.400 of this part.

[81 FR 3712, Jan. 22, 2016]



Sec. 1251.201  Reasonable accommodation.

    (a) A recipient shall make reasonable accommodation to the known 
physical or mental limitations of an otherwise qualified applicant or 
employee with disabilities unless the recipient can demonstrate that the 
accommodation would impose an undue hardship on the operation of its 
program or activity.
    (b) Reasonable accommodation may include:
    (1) Making facilities used by employees readily accessible to and 
usable by individuals with disabilities; and
    (2) Job restructuring, part-time or modified work schedules, 
acquisition or modification of equipment or devices, the provision of 
readers or interpreters, and other similar actions.
    (c) In determining pursuant to paragraph (a) of this section whether 
an accommodation would impose an undue hardship on the operation of a 
recipient's programor activity, factors to be considered include:
    (1) The overall size of the recipient's program or activity with 
respect to number of employees, number and type of facilities, and size 
of budget;
    (2) The type of the recipient's operation, including the composition 
and structure of the recipient's workforce; and
    (3) The nature and cost of the accommodation needed.
    (d) A recipient may not deny any employment opportunity to a 
qualified applicant or employee with a disability if the basis for the 
denial is the need to make reasonable accommodation to the physical or 
mental limitations of the employee or applicant.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]



Sec. 1251.202  Employment criteria.

    (a) A recipient may not make use of any employment test or other 
selection criterion that screens out or tends to screen out individuals 
with disabilities or any class of individuals with disabilities unless:
    (1) The test score or other selection criterion, as used by the 
recipient, is shown to be job-related for the position in question; and
    (2) Alternative job-related tests of criteria that do not screen out 
or tend to screen out as many individuals with disabilities are not 
shown by the Associate Administrator to be available.
    (b) A recipient shall select and administer tests concerning 
employment so as best to ensure that, when administered to an applicant 
or employee who has a disability that impairs sensory, manual, or 
speaking skills, the test results accurately reflect the applicant's or 
employee's job skills, aptitude, or whatever other factor the test 
purports to measure, rather than reflecting the applicant's or 
employee's impaired sensory, manual, or speaking skills (except where 
those skills are the factors that the test purports to measure).

[51 FR 26862, July 28, 1986, as amended at 81 FR 3712, Jan. 22, 2016]



Sec. 1251.203  Preemployment inquiries.

    (a) Except as provided in paragraphs (b) and (c) of this section, a 
recipient may not conduct a preemployment medical examination or may not 
make preemployment inquiry of an applicant as to whether the applicant 
is a individual with a disabilityor as to the nature or severity of a 
disability. A recipient may, however, make preemployment inquiry into an 
applicant's ability to perform job-related functions.
    (b) When a recipient is taking remedial action to correct the 
effects of past discrimination pursuant to Sec. 1251.105(a), when a 
recipient is taking voluntary action to overcome the effects of 
conditions that resulted in limited participation in its Federally 
assisted program or activity pursuant to Sec. 1251.105(b), or when a 
recipient is taking affirmative action pursuant to section 504 of the 
Act, the recipient may

[[Page 161]]

invite applicants for employment to indicate whether and to what extent 
they are handicapped, provided that:
    (1) The recipient states clearly on any written questionnaire used 
for this purpose or makes clear orally if no written questionnaire is 
used that the information requested is intended for use solely in 
connection with its remedial action obligations or its voluntary of 
affirmative action efforts; and
    (2) The recipient states clearly that the information is being 
requested on a voluntary basis, that it will be kept confidential as 
provided in paragraph (d) of this section, that refusal to provide it 
will not subject the applicant or employee to any adverse treatment, and 
that it will be used only in accordance with this part.
    (c) Nothing in this section shall prohibit a recipient from 
conditioning an offer of employment on the results of a medical 
examination conducted prior to the employee's entrance on duty, provided 
that:
    (1) All entering employees are subjected to such an examination 
regardless of disability; and
    (2) The results of such an examination are used only in accordance 
with the requirements of this part.
    (d) Information obtained in accordance with this section as to the 
medical condition or history of the applicant shall be collected and 
maintained on separate forms that shall be accorded confidentiality as 
medical records, except that:
    (1) Supervisors and managers may be informed regarding restrictions 
on the work or duties of individuals with disabilities and regarding 
necessary accommodations;
    (2) First aid and safety personnel may be informed, where 
appropriate, if the condition might require emergency treatment; and
    (3) Government officials investigating compliance with the Act shall 
be provided relevant information upon request.



                      Subpart 1251.3_Accessibility



Sec. 1251.300  Discrimination prohibited.

    No qualified individual with a disability shall, because a 
recipient's facilities are inaccessible to or unusable by individuals 
with disabilities, be denied the benefits of, be excluded from 
participation in, or otherwise be subjected to discrimination under any 
program or activity to which this part applies.



Sec. 1251.301  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which his part applies so that when each part is viewed in 
its entirety it is readily accessible to individuals with disabilities. 
This paragraph does not require a recipient to make each of its existing 
facilities or every part of a facility accessible to and usable by 
individuals with disabilities.
    (b) Methods. A recipient may comply with the requirement of 
paragraph (a) of this section through such means as redesign of 
equipment; reassignment of classes or other services to accessible 
buildings; assignment of aides to beneficiaries; home visits; delivery 
of health, welfare, or other social services at alternate accessible 
sites; alteration of existing facilities and construction of new 
facilities in conformance with the requirements of Sec. 1251.302; or any 
other methods that result in making its program or activity accessible 
to individuals with disabilities. A recipient is not required to make 
structural changes in existing facilities where other methods are 
effective in achieving compliance with paragraph (a) of this section. In 
choosing among available methods for meeting the requirement of 
paragraph (a) of this section, a recipient shall give priority to those 
methods that serve to individuals with disabilities in the most 
integrated setting appropriate.
    (c) Time period. A recipient shall comply with the requirement of 
paragraph (a) of this section within 60 days of the effective date of 
this part except that where structural changes in facilities are 
necessary, such changes shall be made within 3 years of the effective 
date of this part, but in any event as expeditiously as possible.
    (d) Transition plan. In the event that structural changes to 
facilities are necessary to meet the requirement of paragraph (a) of 
this section, a recipient shall develop, within 6 months of

[[Page 162]]

the effective date of this part, a transition plan setting forth the 
steps necessary to complete such changes. The plan shall be developed 
with the assistance of interested persons, including individuals with 
disabilities or organizations representing individuals with 
disabilities. A copy of the transition plan shall be made available for 
public inspection. The plan shall, at a minimum:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its program or activity to individuals with 
disabilities;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
full accessibility under paragraph (a) of this section and, if the time 
period of the transition plan is longer than 1 year, identify steps that 
will be taken during each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.
    (e) Safe harbor. For the purposes of complying with this section, 
elements that have not been altered in existing facilities on or after 
January 23, 2017, and that comply with the corresponding technical and 
scoping specifications for those elements in the Uniform Federal 
Accessibility Standards (UFAS), Appendix A to 41 CFR part 101-19.6, 49 
FR 31528, app. A (Aug. 7, 1984), are not required to be modified to be 
brought into compliance with the requirements set forth in the 2010 
Standards.
    (f) Notice of location of accessible facilities--(1) General. The 
recipient shall adopt and implement procedures to ensure that interested 
individuals, including individuals with vision or hearing disabilities, 
can obtain information as to the existence and location of services, 
activities, and facilities that are accessible to and usable by 
individuals with disabilities.
    (2) Signs at primary entrances. The recipient shall provide signs at 
a primary entrance to each of its inaccessible facilities, directing 
users to an accessible facility or a location at which they can obtain 
information about accessible facilities. The international symbol for 
accessibility shall be used at each accessible entrance to a facility.

[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003; 
81 FR 3712, Jan. 22, 2016]



Sec. 1251.302  New construction.

    (a) Design and construction. Each facility or part of a facility 
constructed by, on behalf of, or for the use of a recipient shall be 
designed and constructed in such manner that the facility or part of the 
facility is readily accessible to and usable by individuals with 
disabilities.
    (b) Alteration. Each facility or part of a facility which is altered 
by, on behalf of, or for the use of a recipient after the effective date 
of this part in a manner that affects or could affect the usability of 
the facility or part of the facility shall, to the maximum extent 
feasible, be altered in such manner that the altered portion of the 
facility is readily accessible to and usable by individuals with 
disabilities.
    (c) Accessibility standards and compliance dates--(1) Applicable 
accessibility standards. (i) New construction and alterations undertaken 
prior to the compliance dates specified in paragraph (c)(2) of this 
section must comply with either UFAS or the 2010 Standards.
    (ii) New construction and alterations on or after the compliance 
dates specified in paragraph (c)(2) of this section must comply with the 
2010 Standards.
    (iii) New construction and alterations of buildings or facilities 
undertaken in compliance with the 2010 Standards shall comply with the 
requirements for a ``public building or facility'' as defined in the 
2010 Standards regardless of whether the recipient is a public or 
private entity.
    (iv) Departures from particular requirements of either standard by 
the use of other methods shall be permitted when it is clearly evident 
that equivalent access to the facility or part of the facility is 
thereby provided.
    (2) Compliance dates--(i) New Construction and alterations by 
recipients that are private entities. (A) New construction and 
alterations in which the last application for a building permit or 
permit extension for such construction or alterations is certified to be 
complete by a state, county, or local government

[[Page 163]]

(or, in those jurisdictions where the government does not certify 
completion of applications, if the date when the last application for a 
building permit or permit extension is received by the state, county, or 
local government) is prior to January 23, 2017, or if no permit is 
required, if the start of physical construction or alterations occurs 
prior to January 23, 2017, then such new construction and alterations 
must comply with either the Uniform Federal Accessibility Standards or 
the 2010 Standards.
    (B) New construction and alterations in which the last application 
for a building permit or permit extension for such construction or 
alterations is certified to be complete by a state, county, or local 
government (or, in those jurisdictions where the government does not 
certify completion of applications, if the date when the last 
application for a building permit or permit extension is received by the 
state, county, or local government) is on or after January 23, 2017, or 
if no permit is required, if the start of physical construction or 
alterations occurs on or after January 23, 2017, then such new 
construction and alterations shall comply with the 2010 Standards.
    (ii) New construction and alterations by recipients that are public 
entities. (A) If physical construction or alterations commence prior to 
January 23, 2017, then such new construction and alterations must comply 
with either UFAS or the 2010 Standards.
    (C) If physical construction or alterations commence on or after 
January 23, 2017, then such new construction and alterations shall 
comply with the 2010 Standards.
    (3) For the purposes of this section, ceremonial groundbreaking or 
razing of structures prior to site preparation will not be considered to 
commence or start physical construction or alterations.

   Table of Applicable Standards for Complying With 14 CFR 1251.302(c)
------------------------------------------------------------------------
      Compliance dates for new        Applicable standards for complying
    construction and alterations            with 14 CFR 1251.302(c)
------------------------------------------------------------------------
Prior to January 23, 2017...........  UFAS or the scoping and technical
                                       requirements for a ``public
                                       building or facility'' in the
                                       2010 Standards.
On or after January 23, 2017........  Scoping and technical requirements
                                       for a ``public building or
                                       facility'' in the 2010 Standards.
------------------------------------------------------------------------

    (4)[Reserved]
    (5) For purposes of this section, section 4.1.6(1)(g) of UFAS shall 
be interpreted to exempt from the requirements of UFAS only mechanical 
rooms and other spaces that, because of their intended use, will not 
require accessibility to the public or beneficiaries or result in the 
employment or residence therein of persons with physical disabilities.
    (6) This section does not require recipients to make building 
alterations that have little likelihood of being accomplished without 
removing or altering a load-bearing structural member.

[51 FR 26862, July 28, 1986, as amended at 55 FR 52138, 52140, Dec. 19, 
1990; 81 FR 3712, Jan. 22, 2016]



                        Subpart 1251.4_Procedures



Sec. 1251.400  Compliance Procedures.

    (a) The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) 
are hereby adopted and apply to this section 504 regulation. These 
procedures are found at Secs. 1250.105 through 1250.110 of this chapter.
    (b) The Agency shall ensure that complaints alleging violations of 
section 504 with respect to employment are processed according to the 
procedures established by the EEOC in 29 CFR part 1640 and the United 
States DOJ at 28 CFR part 37.

[81 FR 3713, Jan. 22, 2016]

[[Page 164]]



    Subpart 1251.5_Enforcement of Nondiscrimination on the Basis of 
     Disability in Programs or Activities Conducted by the National 
                  Aeronautics and Space Administration

    Source: 53 FR 25882, 25885, July 8, 1988, unless otherwise noted.



Sec. 1251.501  Purpose.

    The purpose of this regulation is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 to prohibit discrimination on the basis of disability in 
programs or activities conducted by Executive agencies or the United 
States Postal Service.



Sec. 1251.502  Application.

    This regulation (Secs. 1251.501-1251.570) applies to all programs or 
activities conducted by the agency, except for programs or activities 
conducted outside the United States that do not involve individuals with 
disabilities in the United States.



Sec. 1251.503  Definitions.

    As used in this part, the term:
    (a) Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    (b) Auxiliary aids and services means services or devices that 
enable persons with sensory, manual, or speech disabilities to have an 
equal opportunity to participate in, and enjoy the benefits of, programs 
or activities conducted by the agency. Auxiliary aids and services 
include:
    (1) Qualified interpreters onsite or through Video Remote 
Interpreting (VRI) services; notetakers; real-time computer-aided 
transcription services; written materials; exchange of written notes; 
telephone handset amplifiers; assistive listening devices; assistive 
listening systems; telephones compatible with hearing aids; closed 
caption decoders; open and closed captioning, including real-time 
captioning; voice, text, and video-based telecommunications products and 
systems, including text telephones (TTYs), videophones, and captioned 
telephones, or equally effective telecommunications devices; videotext 
displays; accessible electronic and information technology; or other 
effective methods of making aurally delivered information available to 
individuals who are deaf or hard of hearing;
    (2) Qualified readers; taped texts; audio recordings; Brailled 
materials and displays; screen reader software; magnification software; 
optical readers; secondary auditory programs (SAP); large print 
materials; accessible electronic and information technology; or other 
effective methods of making visually delivered materials available to 
individuals who are blind or have low vision;
    (3) Acquisition or modification of equipment or devices; and
    (4) Other similar services and actions.
    (c) Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    (d) Direct threat means a significant risk to the health or safety 
of others that cannot be eliminated by a change to policies, practices 
or procedures, or by the provision of auxiliary aids or services as 
provided in Sec. 1251.110 of this part.
    (e) Disability means the definition given that term in the 
Department of Justice's regulation implementing title II of the ADA at 
28 CFR part 35.
    (f) Drug means a controlled substance as defined in schedules I 
through V of section 202 of the Controlled Substances Act (21 U.S.C. 
812).
    (g) Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.

[[Page 165]]

    (h) Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    (i) Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
state or local government body.
    (j) Illegal use of drugs means the use of one or more drugs, the 
possession or distribution of which is unlawful under the Controlled 
Substances Act (21 U.S.C. 812). The term ``illegal use of drugs'' does 
not include the use of a drug taken under supervision by a licensed 
health care professional, or other uses authorized by the Controlled 
Substances Act or other provisions of Federal law.
    (k) Individual with a disability means any person who meets the 
definition of ``disability'' under 28 CFR part 35.
    (l) Qualified individual with a disability means any person who 
meets the definition of ``qualified individual with a disability'' under 
Sec. 1251.102(i) of this part.
    (m) Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended.

[81 FR 3713, Jan. 22, 2016]



Secs. 1251.504-1251.509  [Reserved]



Sec. 1251.510  Self-evaluation.

    (a) The agency shall, by September 6, 1989, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this regulation and, to the extent modification 
of any such policies and practices is required, the agency shall proceed 
to make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with disabilities or organizations representing 
individuals with disabilities, to participate in the self-evaluation 
process by submitting comments (both oral and written).
    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified; and
    (2) A description of any modifications made.



Sec. 1251.511  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this regulation and its 
applicability to the programs or activities conducted by the agency, and 
make such information available to them in such manner as the head of 
the agency finds necessary to apprise such persons of the protections 
against discrimination assured them by section 504 and this regulation.



Secs. 1251.512-1251.529  [Reserved]



Sec. 1251.530  General prohibitions against discrimination.

    (a) No qualified individual with disabilities shall, on the basis of 
disability, be excluded from participation in, be denied the benefits 
of, or otherwise be subjected to discrimination under any program or 
activity conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of disability--
    (i) Deny a qualified individual with disabilities the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with disabilities an opportunity 
to participate in or benefit from the aid, benefit, or service that is 
not equal to that afforded others;
    (iii) Provide a qualified individual with disabilities with an aid, 
benefit, or service that is not as effective in affording equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with disabilities or to any class of individuals with 
disabilities than is provided to others unless such action is necessary 
to provide qualified individuals with disabilities with aid, benefits, 
or

[[Page 166]]

services that are as effective as those provided to others;
    (v) Deny a qualified individual with disabilities the opportunity to 
participate as a member of planning or advisory boards;
    (vi) Otherwise limit a qualified individual with disabilities in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with disabilities 
the opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with disabilities to 
discrimination on the basis of disability; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with disabilities.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with disabilities from, deny them the 
benefits of, or otherwise subject them to discrimination under any 
program or activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
disabilities.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with disabilities to 
discrimination on the basis of disability.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with 
disabilities to discrimination on the basis of disability, nor may the 
agency establish requirements for the programs or activities of 
licensees or certified entities that subject qualified individuals with 
disabilities to discrimination on the basis of disability. However, the 
programs or activities of entities that are licensed or certified by the 
agency are not, themselves, covered by this regulation.
    (c) The exclusion of individuals without disabilities from the 
benefits of a program limited by Federal statute or Executive order to 
individuals with disabilities or the exclusion of a specific class of 
individuals with disabilities from a program limited by Federal statute 
or Executive order to a different class of individuals with disabilities 
is not prohibited by this regulation.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with disabilities.



Secs. 1251.531-1251.539  [Reserved]



Sec. 1251.540  Employment.

    (a) General. No qualified individual shall, on the basis of 
disability, be subjected to discrimination in employment under any 
program or activity to which this part applies.
    (b) Employment discrimination standards. The standards used to 
determine whether paragraph (a) of this section has been violated shall 
be the standards applied under Title I of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12,111 et seq.) and, as such 
sections relate to employment, the provisions of sections 501 through 
504 and 510 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12201-12204 and 12210), as amended by the ADA Amendments Act of 2008 
(Pub. L. 110-325), as such standards are implemented in the Equal 
Employment Opportunity Commission's regulation at 29 CFR part 1630, as 
amended.

[81 FR 3713, Jan. 22, 2016]



Secs. 1251.541-1251.548  [Reserved]



Sec. 1251.549  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1251.550, no qualified 
individual with disabilities shall, because the agency's facilities are 
inaccessible to or unusable by individuals with disabilities, be denied 
the benefits of, be excluded from

[[Page 167]]

participation in, or otherwise be subjected to discrimination under any 
program or activity conducted by the agency.



Sec. 1251.550  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by individuals with disabilities. This 
paragraph does not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with disabilities;
    (2) In the case of historic preservation programs, require the 
Agency to take any action that would threaten or destroy the historic 
significance of historic properties.
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1251.550(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
individuals with disabilities receive the benefits and services of the 
program or activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by individuals with disabilities. The agency is 
not required to make structural changes in existing facilities where 
other methods are effective in achieving compliance with this section. 
The agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
individuals with disabilities in the most integrated setting 
appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 1251.550(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to individuals 
with disabilities. In cases where a physical alteration to an historic 
property is not required because of Sec. 1251.550(a)(2) or (3), 
alternative methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide individuals with disabilities into 
or through portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by November 7, 1988, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by September 6, 1991, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by

[[Page 168]]

March 6, 1989, a transition plan setting forth the steps necessary to 
complete such changes. The agency shall provide an opportunity to 
interested persons, including individuals with disabilities or 
organizations representing individuals with disabilities, to participate 
in the development of the transition plan by submitting comments (both 
oral and written). A copy of the transition plan shall be made available 
for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to individuals 
with disabilities;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.

[53 FR 25882, 25885, July 8, 1988, as amended at 81 FR 3713, Jan. 22, 
2016]



Sec. 1251.551  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with disabilities. The definitions, requirements, and 
standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as 
established in 41 CFR part 102-76, subpart C, apply to buildings covered 
by this section.

[81 FR 3714, Jan. 22, 2016]



Secs. 1251.552-1251.559  [Reserved]



Sec. 1251.560  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with disabilities an equal opportunity 
to participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with disabilities.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1251.560 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the

[[Page 169]]

agency shall take any other action that would not result in such an 
alteration or such burdens but would nevertheless ensure that, to the 
maximum extent possible, individuals with disabilities receive the 
benefits and services of the program or activity.



Secs. 1251.561-1251.569  [Reserved]



Sec. 1251.570  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs and activities conducted by the agency.
    (b) The Agency shall process complaints alleging violations of 
section 504 of the Rehabilitation Act with respect to employment 
according to the procedures established by the Equal Employment 
Opportunity Commission in 29 CFR part 1640 pursuant to section 501 of 
the Rehabilitation Act of 1973 (29 U.S.C. 791).
    (c) The Associate Administrator for Diversity and Equal Opportunity 
shall be responsible for coordinating implementation of this section. 
Complaints may be sent to the Office of Diversity and Equal Opportunity, 
NASA Headquarters, 300 E Street SW., Washington, DC 20546.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate Government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with disabilities.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1251.570(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[53 FR 25882, 25885, July 8, 1989, as amended at 81 FR 3714, Jan. 22, 
2016]



Secs. 1251.571-1251.579  [Reserved]



Sec. 1251.580  Direct threat.

    (a) This part does not require the Agency to permit an individual to 
participate in or benefit from the services, programs, or activities of 
that recipient when that individual poses a direct threat to the health 
or safety of others.
    (b) In determining whether an individual poses a direct threat to 
the health or safety of others, the Agency must make an individualized 
assessment, based on reasonable judgment that relies on current medical 
knowledge or on the best available objective evidence, to ascertain: The 
nature, duration, and severity of the risk; the probability that the 
potential injury

[[Page 170]]

will actually occur; and whether reasonable accommodations in policies, 
practices, or procedures or the provision of auxiliary aids or services 
will mitigate the risk.

[81 FR 3714, Jan. 22, 2016]



Sec. 1251.581  Reasonable accommodation.

    The Agency shall make reasonable accommodations in policies, 
practices, or procedures when such accommodations are necessary to avoid 
discrimination on the basis of disability, unless the Agency can 
demonstrate that making the accommodations would fundamentally alter the 
nature of the service, program, or activity or result in an undue 
financial and administrative burden.

[81 FR 3714, Jan. 22, 2016]



Sec. 1251.582  Illegal use of drugs

    (a) General. (1) Except as provided in paragraph (b) of this 
section, this part does not prohibit discrimination against an 
individual based on that individual's current illegal use of drugs.
    (2) The Agency shall not discriminate on the basis of illegal use of 
drugs against an individual who is not engaging in current illegal use 
of drugs and who--
    (i) Has successfully completed a supervised drug rehabilitation 
program or has otherwise been rehabilitated successfully;
    (ii) Is participating in a supervised rehabilitation program; or
    (iii) Is erroneously regarded as engaging in such use.
    (b) Health and drug rehabilitation services. (1) The Agency shall 
not deny health services, or services provided in connection with drug 
rehabilitation, to an individual on the basis of that individual's 
current illegal use of drugs, if the individual is otherwise entitled to 
such services.
    (2) A drug rehabilitation or treatment program may deny 
participation to individuals who engage in illegal use of drugs while 
they are in the program.
    (c) Drug testing. (1) This part does not prohibit the Agency from 
adopting or administering reasonable policies or procedures, including 
but not limited to drug testing, designed to ensure that an individual 
who formerly engaged in the illegal use of drugs is not now engaging in 
current illegal use of drugs.
    (2) Nothing in this paragraph (c) shall be construed to encourage, 
prohibit, restrict, or authorize the conducting of testing for the 
illegal use of drugs.

[81 FR 3714, Jan. 22, 2016]



Secs. 1251.583-1251.999  [Reserved]



PART 1252_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents



                         Subpart 1252.1_General

Sec.
1252.100  What is the purpose of NASA's age discrimination regulations?
1252.102  To what programs or activities do these regulations apply?
1252.103  Definitions.

       Subpart 1252.2_Standards for Determining Age Discrimination

1252.200  Rules against age discrimination.
1252.201  Exceptions to the rules against age discrimination.
1252.202  Burden of proof.
1252.203  Special benefits for children and the elderly.

              Subpart 1252.3_Responsibilities of Recipients

1252.300  General responsibilities of recipients.
1252.301  Notice to subrecipients.
1252.302  Assurance of compliance and recipient assessment of age 
          distinctions.
1252.303  Information requirements.

 Subpart 1252.4_Investigation, Conciliation, and Enforcement Procedures

1252.400  Compliance reviews.
1252.401  Complaints.
1252.402  Mediation.
1252.403  Investigation.
1252.404  Prohibition against intimidation or retaliation.
1252.405  Compliance procedure.
1252.406  Hearings.
1252.407  Notices, decisions, and post-termination proceedings.
1252.408  Remedial action by recipients.
1252.409  Alternate funds disbursal procedure.
1252.410  Exhaustion of administrative remedies.
1252.411  Age distinctions.


[[Page 171]]


    Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 
6101 et seq. (45 CFR part 90).

    Source: 50 FR 13311, Apr. 4, 1985, unless otherwise noted.



                         Subpart 1252.1_General



Sec. 1252.100  What is the purpose of NASA's age discrimination
regulations?

    The purpose of these regulations is to set out NASA's policies and 
to implement agencywide or agency procedures under the Age 
Discrimination Act of 1975 according to the government-wide age 
discrimination regulations at 45 CFR part 90. (Published at 44 FR 33768, 
June 12, 1979.) The Act and the government-wide regulations prohibit 
discrimination on the basis of age in programs or activities receiving 
Federal financial assistance. The Act and the governmentwide regulations 
permit federally assisted programs or activities and recipients of 
Federal funds, to continue to use age distinctions and factors other 
than age which meet the requirements of the Act and the governmentwide 
regulations.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.102  To what programs or activities do these regulations apply?

    (a) These regulations apply to each NASA recipient and to each 
program or activity operated by the recipient which receives Federal 
financial assistance provided by NASA.
    (b) The Age Discrimination Act of 1975 does not apply to:
    (1) An age distinction contained in that part of a Federal, State, 
or local statute or ordinance adopted by an elected body which:
    (i) Provides any benefits or assistance to persons based on age; or
    (ii) Establishes criteria for participation in age-related terms; or
    (iii) Describes intended beneficiaries or target groups in age-
related terms.
    (2) Any employment practice of any employer, employment agency, 
labor organization, or any labor-management joint apprenticeship 
training program, except for any program or activity receiving Federal 
financial assistance for public service employment under the 
Comprehensive Employment and Training Act of 1974 (CETA) (29 U.S.C. 801 
et seq.).

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.103  Definitions.

    As used in these regulations, the term:
    (a) Act means the Age Discrimination Act of 1975, as amended. (Title 
III of Pub. L. 94-135.)
    (b) Action means any act, activity, policy, rule, standard, or 
method of administration; or the use of any policy, rule, standard, or 
method of administration.
    (c) Age means how old a person is, or the number of elapsed years 
from the date of a person's birth.
    (d) Age distinction means any action using age or an age-related 
term.
    (e) Age-related term means a word or words which necessarily imply a 
particular age or range of ages (for example, ``children,'' ``adult,'' 
``older persons,'' but not ``student'').
    (f) Discrimination means unlawful treatment based on age.
    (g) NASA means the National Aeronautics and Space Administration.
    (h) Federal financial assistance means any grant, entitlement, loan, 
cooperative agreement contract (other than a procurement contract or a 
contract of insurance or guaranty), or any other arrangement by which 
the agency provides or otherwise makes available assistance in the form 
of:
    (1) Funds;
    (2) Services of Federal personnel; or interest in or use of 
property, including:
    (i) Transfer or lease of property for less than fair market value or 
for reduced consideration; and
    (ii) Proceeds from a subsequent transfer or lease of property if the 
Federal share of its fair market value is not returned to the Federal 
Government.
    (i) FMCS means the Federal Mediation and Conciliation Service.
    (j) Recipient means any State or its political subdivision, any 
instrumentality of a State or its political subdivision, any public or 
private agency,

[[Page 172]]

institution, organization, or other entity, or any person to which 
Federal financial assistance is extended, directly or through another 
recipient. Recipient includes any successor, assignee, or transferee, 
but excludes the ultimate beneficiary of the assistance.
    (k) Administrator means the Administrator of the National 
Aeronautics and Space Administration or designee.
    (l) Subrecipient means any of the entities in the definition of 
``recipient'' to which a recipient extents or passes on Federal 
financial assistance. A subrecipient is generally regarded as a 
recipient of Federal financial assistance and has all the duties of a 
recipient in these regulations.
    (m) United States means the 50 States, the District of Columbia, 
Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the 
Canal Zone, the Trust Territory of the Pacific Islands, the Northern 
Marianas, and the territories and possessions of the United States.
    (n) Program or activity means all of the operations of any entity 
described in paragraphs (n)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, or 
a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (n)(1), (2), or (3) of this section.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51351, Aug. 26, 2003]



       Subpart 1252.2_Standards for Determining Age Discrimination



Sec. 1252.200  Rules against age discrimination.

    The rules stated in this section are limited by the exceptions 
contained in Sec. 1252.201.
    (a) General rule: No person in the United States shall, on the basis 
of age be excluded from participation in, be denied the benefits of, or 
be subjected to discrimination under any program or activity receiving 
Federal financial assistance.
    (b) Specific rules: A recipient may not, in any program or activity 
receiving Federal financial assistance, directly or through contractual, 
licensing, or other arrangements use age distinctions or take any other 
actions which have the effect, on the basis of age, of:
    (1) Excluding individuals from, denying them the benefits of, or 
subjecting them to discrimination under a program or activity receiving 
Federal financial assistance; or
    (2) Denying or limiting individuals in their opportunity to 
participate in any program or activity receiving Federal financial 
assistance.
    (c) The specific forms of age discrimination listed in paragraph (b) 
of this section do not necessarily constitute a complete list.



Sec. 1252.201  Exceptions to the rules against age discrimination.

    (a) Definitions. For purposes of this section, the terms normal 
operation and statutory objective shall have the following meaning:
    (1) Normal operation means the operation of a program or activity 
without

[[Page 173]]

significant changes that would impair its ability to meet its 
objectives.
    (2) Statutory objective means any purpose of a program or activity 
expressly stated in any Federal statute, state statute or local statute 
or ordinance adopted by any elected, general purpose legislative body.
    (b) Normal operation or statutory objective of any program or 
activity. A recipient is permitted to take an action otherwise 
prohibited by Sec. 1252.200 if the action reasonably takes into account 
age as a factor necessary to the normal operation of the achievement of 
any statutory objective of a program or activity. An action reasonably 
takes into account age as a factor necessary to the normal operation or 
the achievement of any statutory objective of a program or activity, if:
    (1) Age is used as a measure of approximation of one or more other 
characteristics; and
    (2) The other characteristic(s) must be measured or approximated in 
order for the normal operation of the program or activity to continue, 
or to achieve any statutory objective of the program or activity; and
    (3) The other characteristic(s) can be reasonably measured or 
approximated by the use of age; and
    (4) The other characteristic(s) are impractical to measure directly 
on an individual basis.
    (c) Reasonable factors other than age. A recipient is permitted to 
take an action otherwise prohibited by Sec. 1252.200 which is based on a 
factor other than age, even though that action may have a 
disproportionate effect on persons of different ages. An action may be 
based on a factor other than age only if the factor bears a direct and 
substantial relationship to the normal operation of the program or 
activity or to the achievement of a statutory objective.



Sec. 1252.202  Burden of proof.

    The burden of proving that an age distinction or other action falls 
within the exceptions outlined in Sec. 1252.201 (b) and (c) is on the 
recipient of Federal financial assistance.



Sec. 1252.203  Special benefits for children and the elderly.

    If a recipient operating a program or activity provides special 
benefits to the elderly or to children, such use of age distinctions 
shall be presumed to be necessary to the normal operation of the program 
or activity, notwithstanding the provision of Sec. 1252.10.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



              Subpart 1252.3_Responsibilities of Recipients



Sec. 1252.300  General responsibilities of recipients.

    Each NASA recipient must ensure that its programs or activities 
comply with these regulations.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.301  Notice to subrecipients.

    Where a recipient passes on Federal financial assistance from NASA 
to subrecipients, the recipient shall provide the subrecipient written 
notice of their obligations under these regulations.



Sec. 1252.302  Assurance of compliance and recipient assessment of
age distinctions.

    (a) Each recipient of Federal financial assistance from NASA shall 
sign a written assurance as specified by NASA that it will comply with 
the Act and these regulations.
    (b) Recipient assessment of age distinctions. (1) As part of a 
compliance review under Sec. 91.41, NASA may require a recipient 
employing the equivalent of 15 or more employees to complete a written 
self-evaluation, in a manner specified by the responsible Agency 
official, of any age distinction imposed in its program or activity 
receiving Federal financial assistance from NASA to assess the 
recipient's compliance with the Act.
    (2) Whenever an assessment indicates a violation of the Act and the 
NASA regulations, the recipient shall take corrective action.

[[Page 174]]



Sec. 1252.303  Information requirements.

    (a) Keep records in a form that contains information which NASA 
determines may be necessary to ascertain whether the recipient is 
complying with the Act and these regulations.
    (b) Provide to NASA, upon request, information and reports which 
NASA determines are necessary to ascertain whether the recipient is 
complying with the Act and these regulations.
    (c) Permit reasonable access by NASA to the books, records, 
accounts, and other recipient facilities and sources of information to 
the extent NASA determines is necessary to ascertain whether the 
recipient is complying with the Act and these regulations.



 Subpart 1252.4_Investigation, Conciliation, and Enforcement Procedures



Sec. 1252.400  Compliance reviews.

    (a) NASA may conduct compliance reviews and pre-award reviews of 
recipients or use other similar procedures that will permit it to 
investigate and correct violations of the Act and these regulations. 
NASA may conduct these reviews even in the absence of a complaint 
against a recipient. The review may be as comprehensive as necessary to 
determine whether a violation of these regulations has occurred.
    (b) If a compliance review or pre-award review indicates a violation 
of the Act or these regulations, NASA will attempt to secure the 
recipient's voluntary compliance with the Act. If voluntary compliance 
cannot be achieved, NASA will arrange for enforcement as described in 
Sec. 1252.405.



Sec. 1252.401  Complaints.

    (a) Any person, individually or as a member of a class or on behalf 
of others, may file a complaint with NASA, alleging discrimination 
prohibited by the Act or these regulations based on an action occurring 
on or after July 1, 1979. A complaint must be filed within 180 days from 
the date the complainant first had knowledge of the alleged act of 
discrimination. However, for good cause shown, NASA may extend this time 
limit.
    (b) NASA will attempt to facilitate the filing of complaints 
wherever possible, including taking the following measures:
    (1) Accepting as a sufficient complaint, any written statement, 
which identifies the parties involved and the date the complainant first 
had knowledge of the alleged violation, describes generally the action 
or practice complained of, and assigned by the complainant.
    (2) Freely permitting a complainant to add information to the 
complaint to meet the requirements of a sufficient complaint.
    (3) Widely disseminating information regarding the obligations of 
recipients under the Act and these regulations.
    (4) Notifying the complainant and the recipient of their rights and 
obligations under the complaint procedure, including the right to have a 
representative at all stages of the complaint procedure.
    (5) Notifying the complainant and the recipient (or their 
representatives) of their right to contact NASA for information and 
assistance regarding the complaint resolution process.
    (c) NASA will return to the complainant any complaint outside the 
jurisdiction of these regulations, and will state the reason(s) why it 
is outside the jurisdiction of these regulations.



Sec. 1252.402  Mediation.

    (a) Referral of complaints for mediation. NASA will refer to the 
Federal Mediation and Conciliation Service all complaints that:
    (1) Fall within the jurisdiction of the Act and these regulations; 
and
    (2) Contain all information necessary for further processing.
    (b) Both the complainant and the recipient shall participate in the 
mediation process to the extent necessary to reach an agreement or make 
an informed judgment that an agreement is not possible. There must be at 
least one meeting with the mediator before NASA will accept a judgment 
that an agreement is not possible. However, the recipient and the 
complainant need not meet with the mediator at the same time.
    (c) If the complainant and the recipient reach an agreement, the 
mediator

[[Page 175]]

shall prepare a written statement of the agreement and have the 
complainant and recipient sign it. The mediator shall send a copy of the 
agreement to NASA. NASA will take no further action on the complaint 
unless the complainant or the recipient fails to comply with the 
agreement. However, NASA retains the right to monitor the recipient's 
compliance with the agreement.
    (d) The mediator shall protect the confidentiality of all 
information obtained in the course of the mediation process. No mediator 
shall testify in any adjudicative proceeding, produce any document, or 
otherwise disclose any information obtained in the course of the 
mediation process without prior approval of the head of the mediation 
agency.
    (e) NASA will use the mediation process for a maximum of 60 days 
after receiving a complaint.
    (f) Mediation ends if:
    (1) 60 days elapse from the time NASA receives the complaint; or
    (2) Prior to the end of that 60-day period, an agreement is reached; 
or
    (3) Prior to the end of that 60-day period, the mediator determines 
that an agreement cannot be reached.
    (g) The mediator shall return unresolved complaints to NASA.



Sec. 1252.403  Investigation.

    (a) Informal inquiry. (1) NASA will investigate complaints that are 
unresolved after mediation or are reopened because of a violation of a 
mediation agreement.
    (2) As part of the initial inquiry, NASA will use informal fact 
finding methods, including joint or separate discussions with the 
complainant and recipient to establish the facts, and, if possible, 
settle the complaint on terms that are mutually agreeable to the 
parties. NASA may seek the assistance of any involved State agency.
    (3) NASA will put any agreement in writing and have it signed by the 
parties and an authorized official at NASA.
    (4) The settlement shall not affect the operation of any other 
enforcement effort of NASA, including compliance reviews and 
investigation of other complaints which may involve the recipient.
    (5) The settlement is not a finding of discrimination against a 
recipient.
    (b) Formal investigation. If NASA cannot resolve the complaint 
through informal means it will develop formal findings through further 
investigations of the complaint. If the investigation indicates a 
violation of these regulations, NASA will attempt to obtain voluntary 
compliance. If NASA cannot obtain voluntary compliance, it will begin 
enforcement as described in Sec. 1252.405.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.404  Prohibition against intimidation or retaliation.

    A recipient may not engage in acts of intimidation or retaliation 
against any person who:
    (a) Attempts to assert a right protected by the Act or these 
regulations; or
    (b) Cooperates in any mediation, inquiry, hearing, or other part of 
NASA's investigation, conciliation, and enforcement process.



Sec. 1252.405  Compliance procedure.

    (a) NASA may enforce the Act and these regulations through:
    (1) Termination of a recipient's Federal financial assistance from 
NASA under the program or activity involved where the recipient has 
violated the Act or these regulations. The determination of the 
recipient's violation may be made only after a recipient has had an 
opportunity for a hearing on the record before an administrative law 
judge. Therefore, cases which are settled in mediation, or prior to a 
hearing, will not involve termination of a recipient's Federal financial 
assistance from NASA.
    (2) Any other means authorized by law including but not limited to:
    (i) Referral to the Department of Justice for proceedings to enforce 
any rights of the United States or obligations of the recipient created 
by the Act or these regulations.
    (ii) Use of any requirement of or referral to any Federal, State, or 
local government agency that will have the

[[Page 176]]

effect of correcting a violation of the Act or these regulations.
    (b) NASA will limit any termination under Sec. 1252.405(a)(1) to the 
particular program or activity NASA finds in violations of these 
regulations. NASA will not base any part of a termination on a finding 
with respect to any program or activity of the recipient which does not 
receive Federal financial assistance from NASA.
    (c) NASA will take no action under paragraph (a) until:
    (1) The Administrator has advised the recipient of its failure to 
comply with the Act and these regulations and has determined that 
voluntary compliance cannot be obtained.
    (2) 30 days have elapsed after the Administrator has sent a written 
report of the circumstances and grounds of the action to the committees 
of Congress having legislative jurisdiction over the program or activity 
involved. The Administrator will file a report whenever any action is 
taken under paragraph (a) of this section.
    (d) NASA also may defer granting new Federal financial assistance 
from NASA to a recipient when a hearing under Sec. 1252.405(a)(1) is 
initiated.
    (1) New Federal financial assistance from NASA includes all 
assistance for which NASA requires an application or approval, including 
renewal or continuation of existing activities during the deferral 
period. New Federal financial assistance from NASA does not include 
assistance approved prior to the beginning of a hearing under 
Sec. 1252.405(a)(1).
    (2) NASA will not begin a deferral until the recipient has received 
a notice of an opportunity for a hearing under Sec. 1252.405(a)(1). NASA 
will not continue a deferral for more than 60 days unless a hearing has 
begun within that time or the time for beginning the hearing has been 
extended by mutual consent of the recipient and the Administrator. NASA 
will not continue a deferral for more than 30 days after the close of 
the hearing, unless the hearing results in a finding against the 
recipient.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.406  Hearings.

    The procedural provisions for those hearings required by 
Sec. 1252.405 are contained in 14 CFR 1250.108.



Sec. 1252.407  Notices, decisions, and post-termination proceedings.

    All notices, decisions, and post-termination proceedings, insofar as 
NASA is concerned, shall be made in accordance with 14 CFR 1250.109.



Sec. 1252.408  Remedial action by recipients.

    (a) Where NASA finds a recipient has discriminated on the basis of 
age, the recipient shall take any remedial action that NASA may require 
to overcome the effects of the discrimination. If another recipient 
exercises control over the recipient that has discriminated, NASA may 
require both recipients to take remedial action.
    (b) Even in the absence of discrimination, a recipient may take 
affirmative action to overcome the effects of conditions that resulted 
in limited participation in the recipients program or activity on the 
basis of age.



Sec. 1252.409  Alternate funds disbursal procedure.

    (a) When NASA withholds funds from a recipient under these 
regulations, the Administrator may disburse the withheld funds directly 
to an alternate recipient.
    (b) The Administrator will require any alternate recipient to 
demonstrate:
    (1) The ability to comply with these regulations; and
    (2) The ability to achieve the goals of the Federal statute 
authorizing the Federal financial assistance.

[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]



Sec. 1252.410  Exhaustion of administrative remedies.

    (a) A complainant may file a civil action following the exhaustion 
of administrative remedies under the Act. Administrative remedies are 
exhausted if:
    (1) 180 days have elapsed since the complainant filed the complaint 
and NASA has made no finding with regard to the complaint; or

[[Page 177]]

    (2) NASA issues any findings in favor of the recipient.
    (b) If NASA fails to make a finding within 180 days or issues a 
finding in favor of the recipient, NASA will:
    (1) Promptly advise the complainant of this fact; and
    (2) Advise the complainant of his or her right to bring a civil 
action for injunctive relief; and
    (3) Inform the complainant:
    (i) That the complainant may bring a civil action only in a United 
States district court for the district in which the recipient is located 
or transacts business;
    (ii) That a complainant prevailing in a civil action has the right 
to be awarded the costs of the action, including reasonable attorney's 
fees, but that the complainant must demand these costs in the complaint.
    (iii) That before commencing the action the complainant shall give 
30 days notice by registered mail to the Administrator, the Attorney 
General of the United States, and
    (iv) That the notice must state: the alleged violation of the act; 
the relief requested; the court in which the complainant is bringing the 
action; and, whether or not attorney's fees are demanded in the event 
the complainant prevails; and
    (v) That the complainant may not bring an action if the same alleged 
violation of the Act by the same recipient is the subject of a pending 
action in any court of the United States.



Sec. 1252.411  Age distinctions.

    There are no Federal statutes or regulations containing age 
distinctions which affect financial assistance administered by the 
agency.



PART 1253_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents



                         Subpart A_Introduction

Sec.
1253.100  Purpose and effective date.
1253.105  Definitions.
1253.110  Remedial and affirmative action and self-evaluation.
1253.115  Assurance required.
1253.120  Transfers of property.
1253.125  Effect of other requirements.
1253.130  Effect of employment opportunities.
1253.135  Designation of responsible employee and adoption of grievance 
          procedures.
1253.140  Dissemination of policy.

                           Subpart B_Coverage

1253.200  Application.
1253.205  Educational institutions and other entities controlled by 
          religious organizations.
1253.210  Military and merchant marine educational institutions.
1253.215  Membership practices of certain organizations.
1253.220  Admissions.
1253.225  Educational institutions eligible to submit transition plans.
1253.230  Transition plans.
1253.235  Statutory amendments.

     Subpart C_Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited

1253.300  Admission.
1253.305  Preference in admission.
1253.310  Recruitment.

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited

1253.400  Education programs or activities.
1253.405  Housing.
1253.410  Comparable facilities.
1253.415  Access to course offerings.
1253.420  Access to schools operated by LEAs.
1253.425  Counseling and use of appraisal and counseling materials.
1253.430  Financial assistance.
1253.435  Employment assistance to students.
1253.440  Health and insurance benefits and services.
1253.445  Marital or parental status.
1253.450  Athletics.
1253.455  Textbooks and curricular material.

Subpart E_Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited

1253.500  Employment.
1253.505  Employment criteria.
1253.510  Recruitment.
1253.515  Compensation.
1253.520  Job classification and structure.
1253.525  Fringe benefits.
1253.530  Marital or parental status.
1253.535  Effect of state or local law or other requirements.

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1253.540  Advertising.
1253.545  Pre-employment inquiries.
1253.550  Sex as a bona fide occupational qualification.

                          Subpart F_Procedures

1253.600  Notice of covered programs.
1253.605  Enforcement procedures.

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    Source: 65 FR 52865, 52876, Aug. 30, 2000, unless otherwise noted.



                         Subpart A_Introduction



Sec. 1253.100  Purpose and effective date.

    The purpose of these Title IX regulations is to effectuate Title IX 
of the Education Amendments of 1972, as amended (except sections 904 and 
906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 
1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or sponsored by an educational institution as 
defined in these Title IX regulations. The effective date of these Title 
IX regulations shall be September 29, 2000.



Sec. 1253.105  Definitions.

    As used in these Title IX regulations, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that awards 
Federal financial assistance, or by a recipient, as a condition to 
becoming a recipient.
    Designated agency official means Associate Administrator for Equal 
Opportunity Programs.
    Educational institution means a local educational agency (LEA) as 
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution of 
graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including funds 
made available for:
    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market value 
of the property is not, upon such sale or transfer, properly accounted 
for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one of 
its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    Institution of graduate higher education means an institution that:
    (1) Offers academic study beyond the bachelor of arts or bachelor of 
science

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degree, whether or not leading to a certificate of any higher degree in 
the liberal arts and sciences;
    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional degree 
in such field is awarded by an institution of undergraduate higher 
education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    Institution of professional education means an institution (except 
any institution of undergraduate higher education) that offers a program 
of academic study that leads to a first professional degree in a field 
for which there is a national specialized accrediting agency recognized 
by the Secretary of Education.
    Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years of 
college-level study beyond the high school level, leading to a diploma 
or an associate degree, or wholly or principally creditable toward a 
baccalaureate degree; or
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    Institution of vocational education means a school or institution 
(except an institution of professional or graduate or undergraduate 
higher education) that has as its primary purpose preparation of 
students to pursue a technical, skilled, or semiskilled occupation or 
trade, or to pursue study in a technical field, whether or not the 
school or institution offers certificates, diplomas, or degrees and 
whether or not it offers full-time study.
    Recipient means any State or political subdivision thereof, or any 
instrumentality of a State or political subdivision thereof, any public 
or private agency, institution, or organization, or other entity, or any 
person, to whom Federal financial assistance is extended directly or 
through another recipient and that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    Student means a person who has gained admission.
    Title IX means Title IX of the Education Amendments of 1972, Public 
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of 
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 
of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).
    Title IX regulations means the provisions set forth at 
Secs. 1253.100 through 1253.605.
    Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.



Sec. 1253.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome the 
effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation therein 
by persons of a particular sex. Nothing in these Title IX regulations 
shall be interpreted to alter any affirmative action obligations that a 
recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., 
p. 339; as amended by Executive Order 11375, 3 CFR,

[[Page 180]]

1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 
1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 
1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 
Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of September 29, 2000:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.



Sec. 1253.115  Assurance required.

    (a) General. Either at the application stage or the award stage, 
Federal agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated agency 
official, that each education program or activity operated by the 
applicant or recipient and to which these Title IX regulations apply 
will be operated in compliance with these Title IX regulations. An 
assurance of compliance with these Title IX regulations shall not be 
satisfactory to the designated agency official if the applicant or 
recipient to whom such assurance applies fails to commit itself to take 
whatever remedial action is necessary in accordance with 
Sec. 1253.110(a) to eliminate existing discrimination on the basis of 
sex or to eliminate the effects of past discrimination whether occurring 
prior to or subsequent to the submission to the designated agency 
official of such assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, such 
assurance shall obligate the recipient or, in the case of a subsequent 
transfer, the transferee, for the period during which the real property 
or structures are used to provide an education program or activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient will comply with all applicable Federal statutes relating to 
nondiscrimination. These include but are not limited to: Title IX of the 
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-
1688).
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.



Sec. 1253.120  Transfers of property.

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of the 
fair market value of the property is not upon such sale or transfer 
properly accounted for to the Federal Government, both the transferor 
and the transferee shall be

[[Page 181]]

deemed to be recipients, subject to the provisions of Secs. 1253.205 
through 1253.235(a).



Sec. 1253.125  Effect of other requirements.

    (a) Effect of other Federal provisions. The obligations imposed by 
these Title IX regulations are independent of, and do not alter, 
obligations not to discriminate on the basis of sex imposed by Executive 
Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive 
Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive 
Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive 
Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 
12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public 
Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 
(29 U.S.C. 206); and any other Act of Congress or Federal regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any State or local law or other requirement that would 
render any applicant or student ineligible, or limit the eligibility of 
any applicant or student, on the basis of sex, to practice any 
occupation or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any rule or regulation of any organization, club, athletic 
or other league, or association that would render any applicant or 
student ineligible to participate or limit the eligibility or 
participation of any applicant or student, on the basis of sex, in any 
education program or activity operated by a recipient and that receives 
Federal financial assistance.



Sec. 1253.130  Effect of employment opportunities.

    The obligation to comply with these Title IX regulations is not 
obviated or alleviated because employment opportunities in any 
occupation or profession are or may be more limited for members of one 
sex than for members of the other sex.



Sec. 1253.135  Designation of responsible employee and adoption of
grievance procedures.

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply with 
and carry out its responsibilities under these Title IX regulations, 
including any investigation of any complaint communicated to such 
recipient alleging its noncompliance with these Title IX regulations or 
alleging any actions that would be prohibited by these Title IX 
regulations. The recipient shall notify all its students and employees 
of the name, office address, and telephone number of the employee or 
employees appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of student and employee complaints alleging any action that 
would be prohibited by these Title IX regulations.



Sec. 1253.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission and 
employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and these Title IX regulations not to discriminate in such a 
manner. Such notification shall contain such information, and be made in 
such manner, as the designated agency official finds necessary to 
apprise such persons of the protections against discrimination assured 
them by Title IX and these Title IX regulations, but shall state at 
least that the requirement not to discriminate in education programs or 
activities extends to employment therein, and to admission thereto 
unless

[[Page 182]]

Sec. Sec. 1253.300 through 1253.310 do not apply to the recipient, and 
that inquiries concerning the application of Title IX and these Title IX 
regulations to such recipient may be referred to the employee designated 
pursuant to Sec. 1253.135, or to the designated agency official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of September 29, 2000 or 
of the date these Title IX regulations first apply to such recipient, 
whichever comes later, which notification shall include publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment is 
permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.



                           Subpart B_Coverage



Sec. 1253.200  Application.

    Except as provided in Secs. 1253.205 through 1253.235(a), these 
Title IX regulations apply to every recipient and to each education 
program or activity operated by such recipient that receives Federal 
financial assistance.



Sec. 1253.205  Educational institutions and other entities controlled
by religious organizations.

    (a) Exemption. These Title IX regulations do not apply to any 
operation of an educational institution or other entity that is 
controlled by a religious organization to the extent that application of 
these Title IX regulations would not be consistent with the religious 
tenets of such organization.
    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the institution, 
identifying the provisions of these Title IX regulations that conflict 
with a specific tenet of the religious organization.



Sec. 1253.210  Military and merchant marine educational institutions.

    These Title IX regulations do not apply to an educational 
institution whose primary purpose is the training of individuals for a 
military service of the United States or for the merchant marine.



Sec. 1253.215  Membership practices of certain organizations.

    (a) Social fraternities and sororities. These Title IX regulations 
do not apply to the membership practices of social fraternities and 
sororities that are exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership 
of which consists primarily of students in attendance at institutions of 
higher education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These 
Title IX regulations do not apply to the membership practices of the 
Young Men's Christian Association (YMCA), the Young Women's Christian 
Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire 
Girls.
    (c) Voluntary youth service organizations. These Title IX 
regulations do not

[[Page 183]]

apply to the membership practices of a voluntary youth service 
organization that is exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of 
which has been traditionally limited to members of one sex and 
principally to persons of less than nineteen years of age.



Sec. 1253.220  Admissions.

    (a) Admissions to educational institutions prior to June 24, 1973, 
are not covered by these Title IX regulations.
    (b) Administratively separate units. For the purposes only of this 
section, Secs. 1253.225 and 1253.230, and Secs. 1253.300 through 
1253.310, each administratively separate unit shall be deemed to be an 
educational institution.
    (c) Application of Secs. 1253.300 through 1253.310. Except as 
provided in paragraphs (d) and (e) of this section, Secs. 1253.300 
through 1253.310 apply to each recipient. A recipient to which 
Secs. 1253.300 through 1253.310 apply shall not discriminate on the 
basis of sex in admission or recruitment in violation of Secs. 1253.300 
through 1253.310.
    (d) Educational institutions. Except as provided in paragraph (e) of 
this section as to recipients that are educational institutions, 
Secs. 1253.300 through 1253.310 apply only to institutions of vocational 
education, professional education, graduate higher education, and public 
institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. 
Secs. 1253.300 through 1253.310 do not apply to any public institution 
of undergraduate higher education that traditionally and continually 
from its establishment has had a policy of admitting students of only 
one sex.



Sec. 1253.225  Educational institutions eligible to submit transition plans.

    (a) Application. This section applies to each educational 
institution to which Secs. 1253.300 through 1253.310 apply that:
    (1) Admitted students of only one sex as regular students as of June 
23, 1972; or
    (2) Admitted students of only one sex as regular students as of June 
23, 1965, but thereafter admitted, as regular students, students of the 
sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex in 
admission or recruitment in violation of Secs. 1253.300 through 
1253.310.



Sec. 1253.230  Transition plans.

    (a) Submission of plans. An institution to which Sec. 1253.225 
applies and that is composed of more than one administratively separate 
unit may submit either a single transition plan applicable to all such 
units, or a separate transition plan applicable to each such unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and the 
name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to admitting 
students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected to 
apply for, be admitted to, and enter each class during the period 
covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to which 
Sec. 1253.225 applies shall result in treatment of applicants to or 
students of

[[Page 184]]

such recipient in violation of Secs. 1253.300 through 1253.310 unless 
such treatment is necessitated by an obstacle identified in paragraph 
(b)(3) of this section and a schedule for eliminating that obstacle has 
been provided as required by paragraph (b)(4) of this section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec. 1253.225 applies shall include in its transition plan, and 
shall implement, specific steps designed to encourage individuals of the 
previously excluded sex to apply for admission to such institution. Such 
steps shall include instituting recruitment programs that emphasize the 
institution's commitment to enrolling students of the sex previously 
excluded.



Sec. 1253.235  Statutory amendments.

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such individual 
has received such award in a single-sex pageant based upon a combination 
of factors related to the individual's personal appearance, poise, and 
talent. The pageant, however, must comply with other nondiscrimination 
provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the application 
of 20 U.S.C. 1681 to such operation would not be consistent with the 
religious tenets of such organization.

[[Page 185]]

    (ii) For example, all of the operations of a college, university, or 
other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
these Title IX regulations if the college, university, or other 
institution receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical procedures, benefits, services, and the 
use of facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.



     Subpart C_Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited



Sec. 1253.300  Admission.

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Secs. 1253.300 through Secs. 1253.310 apply, except 
as provided in Secs. 1253.225 and Secs. 1253.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Secs. 1253.300 through 1253.310 apply 
shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on the 
basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the basis of sex unless the use of such test or criterion is 
shown to predict validly success in the education program or activity in 
question and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Secs. 1253.300 through 1253.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec. 1253.235(d), shall treat disabilities related to 
pregnancy, childbirth, termination of pregnancy, or recovery therefrom 
in the same manner and under the same policies as any other temporary 
disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status of 
an applicant for admission, including whether such applicant is ``Miss'' 
or ``Mrs.'' A recipient may make pre-admission inquiry as to the sex of 
an applicant for admission, but only if such inquiry is made equally of 
such applicants of both sexes and if the results of such inquiry

[[Page 186]]

are not used in connection with discrimination prohibited by these Title 
IX regulations.



Sec. 1253.305  Preference in admission.

    A recipient to which Secs. 1253.300 through 1253.310 apply shall not 
give preference to applicants for admission, on the basis of attendance 
at any educational institution or other school or entity that admits as 
students only or predominantly members of one sex, if the giving of such 
preference has the effect of discriminating on the basis of sex in 
violation of Secs. 1253.300 through 1253.310.



Sec. 1253.310  Recruitment.

    (a) Nondiscriminatory recruitment. A recipient to which 
Secs. 1253.300 through 1253.310 apply shall not discriminate on the 
basis of sex in the recruitment and admission of students. A recipient 
may be required to undertake additional recruitment efforts for one sex 
as remedial action pursuant to Sec. 1253.110(a), and may choose to 
undertake such efforts as affirmative action pursuant to 
Sec. 1253.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Secs. 1253.300 through 1253.310 apply shall not recruit primarily or 
exclusively at educational institutions, schools, or entities that admit 
as students only or predominantly members of one sex, if such actions 
have the effect of discriminating on the basis of sex in violation of 
Secs. 1253.300 through 1253.310.



 Subpart D_Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited



Sec. 1253.400  Education programs or activities.

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 
1253.400 through 1253.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Secs. 1253.300 through 1253.310 do not 
apply, or an entity, not a recipient, to which Secs. 1253.300 through 
1253.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Secs. 1253.400 
through 1253.455, in providing any aid, benefit, or service to a 
student, a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining whether 
such person satisfies any requirement or condition for the provision of 
such aid, benefit, or service;
    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a student 
or applicant, including eligibility for in-state fees and tuition;
    (6) Aid or perpetuate discrimination against any person by providing 
significant assistance to any agency, organization, or person that 
discriminates on the basis of sex in providing any aid, benefit, or 
service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available,

[[Page 187]]

reasonable opportunities for similar studies for members of the other 
sex. Such opportunities may be derived from either domestic or foreign 
sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or activity 
not operated wholly by such recipient, or that facilitates, permits, or 
considers such participation as part of or equivalent to an education 
program or activity operated by such recipient, including participation 
in educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.



Sec. 1253.405  Housing.

    (a) Generally. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval of 
housing, or otherwise, assists any agency, organization, or person in 
making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such housing 
as is provided to students of one sex, when compared to that provided to 
students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization, or person that provides all or part of such housing to 
students of only one sex.



Sec. 1253.410  Comparable facilities.

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.



Sec. 1253.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of sex, 
or require or refuse participation therein by any of its students on 
such basis, including health, physical education, industrial, business, 
vocational, technical, home economics, music, and adult education 
courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than one 
year from September 29, 2000. With respect to physical education classes 
and activities at the secondary and post-secondary levels, the recipient 
shall comply fully with this section as expeditiously as possible but in 
no event later than three years from September 29, 2000.
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without regard 
to sex.

[[Page 188]]

    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress in 
a physical education class has an adverse effect on members of one sex, 
the recipient shall use appropriate standards that do not have such 
effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively with 
human sexuality may be conducted in separate sessions for boys and 
girls.
    (6) Recipients may make requirements based on vocal range or quality 
that may result in a chorus or choruses of one or predominantly one sex.



Sec. 1253.420  Access to schools operated by LEAs.

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such recipient, 
unless such recipient otherwise makes available to such person, pursuant 
to the same policies and criteria of admission, courses, services, and 
facilities comparable to each course, service, and facility offered in 
or through such schools.



Sec. 1253.425  Counseling and use of appraisal and counseling materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that uses 
testing or other materials for appraising or counseling students shall 
not use different materials for students on the basis of their sex or 
use materials that permit or require different treatment of students on 
such basis unless such different materials cover the same occupations 
and interest areas and the use of such different materials is shown to 
be essential to eliminate sex bias. Recipients shall develop and use 
internal procedures for ensuring that such materials do not discriminate 
on the basis of sex. Where the use of a counseling test or other 
instrument results in a substantially disproportionate number of members 
of one sex in any particular course of study or classification, the 
recipient shall take such action as is necessary to assure itself that 
such disproportion is not the result of discrimination in the instrument 
or its application.
    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.



Sec. 1253.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of sex; 
or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may administer or assist in the administration of 
scholarships, fellowships, or other forms of financial assistance 
established pursuant to domestic or foreign wills, trusts, bequests, or 
similar

[[Page 189]]

legal instruments or by acts of a foreign government that require that 
awards be made to members of a particular sex specified therein; 
Provided, that the overall effect of the award of such sex-restricted 
scholarships, fellowships, and other forms of financial assistance does 
not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of availability 
of funds restricted to members of a particular sex;
    (ii) An appropriate sex-restricted scholarship, fellowship, or other 
form of financial assistance is allocated to each student selected under 
paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient awards 
athletic scholarships or grants-in-aid, it must provide reasonable 
opportunities for such awards for members of each sex in proportion to 
the number of students of each sex participating in interscholastic or 
intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic teams 
for members of each sex to the extent consistent with this paragraph (c) 
and Sec. 1253.450.



Sec. 1253.435  Employment assistance to students.

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates 
Secs. 1253.500 through 1253.550.



Sec. 1253.440  Health and insurance benefits and services.

    Subject to Sec. 1253.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, or 
provide such benefit, service, policy, or plan in a manner that would 
violate Secs. 1253.500 through 1253.550 if it were provided to employees 
of the recipient. This section shall not prohibit a recipient from 
providing any benefit or service that may be used by a different 
proportion of students of one sex than of the other, including family 
planning services. However, any recipient that provides full coverage 
health service shall provide gynecological care.



Sec. 1253.445  Marital or parental status.

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of the 
program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a physician that the student is physically and 
emotionally able to continue participation as long as such a 
certification is required of all students for other physical or 
emotional conditions requiring the attention of a physician.
    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as

[[Page 190]]

provided in paragraph (b)(1) of this section, shall ensure that the 
separate portion is comparable to that offered to non-pregnant students.
    (4) Subject to Sec. 1253.235(d), a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy and recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability with respect to any medical or hospital benefit, 
service, plan, or policy that such recipient administers, operates, 
offers, or participates in with respect to students admitted to the 
recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave policy 
for its students, or in the case of a student who does not otherwise 
qualify for leave under such a policy, a recipient shall treat 
pregnancy, childbirth, false pregnancy, termination of pregnancy, and 
recovery therefrom as a justification for a leave of absence for as long 
a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated to 
the status that she held when the leave began.



Sec. 1253.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently from 
another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively accommodate the interests and abilities of members of both 
sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide necessary 
funds for teams for one sex in assessing equality of opportunity for 
members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from 
September 29, 2000. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
secondary or postsecondary school level shall comply fully

[[Page 191]]

with this section as expeditiously as possible but in no event later 
than three years from September 29, 2000.



Sec. 1253.455  Textbooks and curricular material.

    Nothing in these Title IX regulations shall be interpreted as 
requiring or prohibiting or abridging in any way the use of particular 
textbooks or curricular materials.



Subpart E_Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited



Sec. 1253.500  Employment.

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefor, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any education 
program or activity operated by such recipient in a nondiscriminatory 
manner and shall not limit, segregate, or classify applicants or 
employees in any way that could adversely affect any applicant's or 
employee's employment opportunities or status because of sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Secs. 1253.500 
through 1253.550, including relationships with employment and referral 
agencies, with labor unions, and with organizations providing or 
administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one sex, 
if the giving of such preferences has the effect of discriminating on 
the basis of sex in violation of these Title IX regulations.
    (b) Application. The provisions of Secs. 1253.500 through 1253.550 
apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of nepotism 
policies, right of return from layoff, and rehiring;
    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for pregnancy, 
childbirth, false pregnancy, termination of pregnancy, leave for persons 
of either sex to care for children or dependents, or any other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.



Sec. 1253.505  Employment criteria.

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.



Sec. 1253.510  Recruitment.

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a

[[Page 192]]

recipient has been found to be presently discriminating on the basis of 
sex in the recruitment or hiring of employees, or has been found to have 
so discriminated in the past, the recipient shall recruit members of the 
sex so discriminated against so as to overcome the effects of such past 
or present discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily or 
exclusively at entities that furnish as applicants only or predominantly 
members of one sex if such actions have the effect of discriminating on 
the basis of sex in violation of Secs. 1253.500 through 1253.550.



Sec. 1253.515  Compensation.

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal work 
on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working conditions.



Sec. 1253.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec. 1253.550.



Sec. 1253.525  Fringe benefits.

    (a) ``Fringe benefits'' defined. For purposes of these Title IX 
regulations, fringe benefits means: Any medical, hospital, accident, 
life insurance, or retirement benefit, service, policy or plan, any 
profit-sharing or bonus plan, leave, and any other benefit or service of 
employment not subject to the provision of Sec. 1253.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe benefits available to 
spouses, families, or dependents of employees differently upon the basis 
of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in benefits 
on the basis of sex.



Sec. 1253.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or exclude 
from employment any employee or applicant for employment on the basis of 
pregnancy, childbirth, false pregnancy, termination of pregnancy, or 
recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to 
Sec. 1253.235(d), a recipient shall treat pregnancy, childbirth, false 
pregnancy, termination of pregnancy, recovery therefrom, and any 
temporary disability resulting therefrom as any other temporary 
disability for all job-related purposes, including commencement, 
duration, and extensions of leave, payment of disability income, accrual 
of seniority and any other benefit or service, and reinstatement, and 
under any fringe benefit offered to employees by virtue of employment.

[[Page 193]]

    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an employee 
with insufficient leave or accrued employment time to qualify for leave 
under such a policy, a recipient shall treat pregnancy, childbirth, 
false pregnancy, termination of pregnancy, and recovery therefrom as a 
justification for a leave of absence without pay for a reasonable period 
of time, at the conclusion of which the employee shall be reinstated to 
the status that she held when the leave began or to a comparable 
position, without decrease in rate of compensation or loss of 
promotional opportunities, or any other right or privilege of 
employment.



Sec. 1253.535  Effect of state or local law or other requirements.

    (a) Prohibitory requirements. The obligation to comply with 
Secs. 1253.500 through 1253.550 is not obviated or alleviated by the 
existence of any State or local law or other requirement that imposes 
prohibitions or limits upon employment of members of one sex that are 
not imposed upon members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.



Sec. 1253.540  Advertising.

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.



Sec. 1253.545  Pre-employment inquiries.

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''
    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made equally 
of such applicants of both sexes and if the results of such inquiry are 
not used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 1253.550  Sex as a bona fide occupational qualification.

    A recipient may take action otherwise prohibited by Secs. 1253.500 
through 1253.550 provided it is shown that sex is a bona fide 
occupational qualification for that action, such that consideration of 
sex with regard to such action is essential to successful operation of 
the employment function concerned. A recipient shall not take action 
pursuant to this section that is based upon alleged comparative 
employment characteristics or stereotyped characterizations of one or 
the other sex, or upon preference based on sex of the recipient, 
employees, students, or other persons, but nothing contained in this 
section shall prevent a recipient from considering an employee's sex in 
relation to employment in a locker room or toilet facility used only by 
members of one sex.



                          Subpart F_Procedures



Sec. 1253.600  Notice of covered programs.

    Within 60 days of September 29, 2000, each Federal agency that 
awards Federal financial assistance shall publish in the Federal 
Register a notice of the programs covered by these Title IX regulations. 
Each such Federal agency shall periodically republish the notice of 
covered programs to reflect changes in covered programs. Copies of this 
notice also shall be made available upon request to the Federal agency's 
office that enforces Title IX.



Sec. 1253.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural provisions 
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title 
VI'') are hereby adopted and applied to these Title IX regulations. 
These procedures may be found at 14 CFR 1250.105 through 1250.110.

[65 FR 52877, Aug. 30, 2000]

[[Page 194]]



PART 1259_NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM
--Table of Contents



                         Subpart 1_Basic Policy

Sec.
1259.100  Scope of part.
1259.101  Definitions.
1259.102  General policy.
1259.103  Special authorities--gift acceptance and other Federal 
          funding.

            Subpart 2_Space Grant Program and Project Awards

1259.200  Description.
1259.201  Types of Space Grant program and project awards--regular and 
          special.
1259.202  Application procedures.
1259.203  Limitations.

                     Subpart 3_National Needs Grants

1259.300  Description.
1259.301  Identification of national needs.
1259.302  Application procedures.
1259.303  Limitations.

        Subpart 4_Space Grant College and Consortium Designation

1259.400  Description.
1259.401  Responsibilities.
1259.402  Basic criteria and application procedures.
1259.403  Limitations.
1259.404  Suspension or termination of designation.

                    Subpart 5_Space Grant Fellowships

1259.500  Description.
1259.501  Responsibilities.
1259.502  Application procedures.
1259.503  Limitations.

                   Subpart 6_Space Grant Review Panel

1259.600  Panel description.
1259.601  Establishment and composition.
1259.602  Conflict of interest.
1259.603  Responsibilities.

    Authority: Pub. L. 100-147, 101 Stat. 869-875, 42 U.S.C. 2486; 42 
U.S.C. 2452.

    Source: 54 FR 19880, May 9, 1989, unless otherwise noted.



                         Subpart 1_Basic Policy



Sec. 1259.100  Scope of part.

    (a) This part 1259 establishes the policies, responsibilities and 
procedures relative to the National Space Grant College and Fellowship 
Program established by Title II of the National Aeronautics and Space 
Administration Authorization Act of 1988 (Pub. L. 100-147, Oct. 30, 
1987, 101 Stat. 869-875, 42 U.S.C. 2486). This statute authorizes the 
Administrator of the National Aeronautics and Space Administration 
(NASA), in order to carry out the purposes of the National Space Grant 
College and Fellowship Act (the Act), to accept conditional or 
unconditional gifts and donations, to accept and use funds from other 
Federal departments, agencies and instrumentalities, to make awards with 
respect to such needs or problems and to designate Space Grant colleges. 
It further directs the Administrator to establish a graduate fellowship 
program to provide educational assistance to qualified individuals in 
fields related to space, and to establish an independent committee known 
as the Space Grant Review Panel to review and advise the Administrator 
with respect to Space Grant programs.
    (b) The regulations of this part do not apply to awards made by NASA 
under any other authority.



Sec. 1259.101  Definitions.

    For the purposes of this part, the following definitions shall 
apply:
    (a) Field related to space means any academic discipline or field of 
study (including the physical, natural and biological sciences, and 
engineering, space technology, education, economics, sociology, 
communications, planning, law, international affairs and public 
administration) which is concerned with or likely to improve the 
understanding, assessment, development and utilization of space.
    (b) Institution of higher education means any college or university 
in any State which:
    (1) Admits as regular students only individuals who have a 
certificate of graduation or equivalent from a secondary school;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which a bachelor's degree or 
other higher degree is awarded;
    (4) Is a public or other nonprofit institution; and

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    (5) Is accredited by a nationally recognized accrediting agency or 
association.
    (c) National of the United States means a citizen of the United 
States or a native resident of a possession of the United States. It 
does not refer to or include a citizen of another country who has 
applied for United States citizenship.
    (d) Panel means the Space Grant Review Panel established pursuant to 
section 210 of the Act.
    (e) Person means any individual, public or private corporation, 
partnership or other association or entity (including any Space Grant 
college, Space Grant consortium, institution of higher education, 
institute or laboratory), or any State, political subdivision thereof, 
or agency or officer of a State or political subdivision thereof.
    (f) Space means aeronautical and space activities which has the 
meaning given to such term in section 103(1) of the National Aeronautics 
and Space Act of 1958, as amended (42 U.S.C. 2452).
    (g) Space Grant college means any public or private institution of 
higher education which is designated as such by the Administrator or 
designee pursuant to section 208 of the Act.
    (h) Space Grant regional consortium means any association or other 
alliance which is designated as such by the Administrator or designee 
pursuant to section 208 of the Act.
    (i) Space Grant program means any program which:
    (1) Is administered by any Space Grant college, Space Grant regional 
consortium, institution of higher education, institute, laboratory or 
State or local agency; and
    (2) Includes two or more projects involving education and one or 
more of the following activities in the fields related to space:
    (i) Research;
    (ii) Training; or
    (iii) Advisory services.
    (j) Space Grant program award means any award contemplated under 
section 206(a) of the Act.
    (k) Special Space Grant program award means any award extended under 
section 206(b) of the Act.
    (l) Specific national need grant means any award extended under 
section 207 of the Act.
    (m) State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands and any 
other territory or possession of the United States.
    (n) State Space Grant cooperating institution means any institution 
of higher education in a State which does not have a designated Space 
Grant college that is named by the Administrator or designee to provide 
selected Space Grant program functions within that State.



Sec. 1259.102  General policy.

    (a) In accordance with subsections 103(a)(2) and (3) of the National 
Aeronautics and Space Act of 1958, as amended, (42 U.S.C. 2457(a)(3)), 
it is NASA's policy, through various educational programs, to provide 
direct support for and encouragement to teachers, students and 
prospective students in fields related to space.
    (b) In compliance with the National Space Grant College and 
Fellowship Act (42 U.S.C. 2486), it shall be NASA's purpose to:
    (1) Increase the understanding, assessment, development and 
utilization of space resources by promoting a strong educational base, 
responsive research and training activities and broad and prompt 
dissemination of knowledge and techniques;
    (2) Utilize the abilities and talents of the universities of the 
Nation to support and contribute to the exploration and development of 
the resources and opportunities afforded by the space environment;
    (3) Encourage and support the existence of interdisciplinary and 
multidisciplinary programs of space research, to engage in activities of 
training (including teacher education), research and public service and 
to have cooperative programs with industry;
    (4) Encourage and support the existence of consortia, composed of 
university and industry members, to advance the exploration and 
development of

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space resources in cases in which national objectives can be better 
fulfilled than through the programs of single universities;
    (5) Encourage and support Federal funding for graduate fellowships 
in fields related to space;
    (6) Support activities in colleges and universities generally for 
the purpose of creating and operating a network of institutional 
programs that will enhance achievements resulting from efforts under 
this Act; and
    (7) Encourage cooperation and coordination among Federal agencies 
and Federal programs concerned with space issues.
    (c) It shall be NASA's policy to designate Space Grant colleges, 
State Space Grant cooperating institutions and Space Grant regional 
consortia and award fellowships, grants, contracts and other 
transactions competitively in a merit-based review process.
    (d) It shall be NASA's policy to designate and make awards without 
discriminating on the basis of sex, race, color, religion, national 
origin or handicap.



Sec. 1259.103  Special authorities--gift acceptance and other Federal
funding.

    (a) Acceptance of gifts:
    (1) In order to carry out the provisions of the Act, the 
Administrator is authorized to accept conditional or unconditional gifts 
or donations of services, money or property, real, personal or mixed, 
tangible or intangible. This authority is delegated to the Director, 
Educational Affairs Division.
    (2) The Administrator or designee may decline any gift or donation 
that the Administrator determines is not in accord with the purposes of 
the program. Also, conditional gifts or donations that are not in 
compliance with the Act or the implementing regulations shall be 
declined. NASA may use a reasonable amount from a gift or donation to 
cover any administrative costs associated with such gift or donation.
    (b) Acceptance and use of funds from other Federal agencies:
    (1) To carry out the provisions of the Act, the Administrator is 
authorized to accept and use funds from other Federal departments, 
agencies and instrumentalities to pay for awards under this program. 
This authority is delegated to the Director, Educational Affairs 
Division.
    (2) The Administrator or designee may decline any such funds when 
the Administrator determines acceptance would not be in accord with the 
purposes of the program. NASA may use a reasonable amount from 
transferred Federal funds to cover any administrative costs associated 
with such transfer.



            Subpart 2_Space Grant Program and Project Awards



Sec. 1259.200  Description.

    Awards are authorized to establish any Space Grant and/or fellowship 
program or project if such program or project will further the purposes 
of the Act.



Sec. 1259.201  Types of Space Grant program and project awards--regular
and special.

    (a) A regular Space Grant program or project award shall:
    (1) Be funded by NASA up to 66 percent of the total cost of the 
Space Grant award and/or fellowship program involved; or
    (2) Be funded up to 100 percent of its cost if funded by another 
Federal entity.
    (b) A special Space Grant program or project award may be funded up 
to 100 percent of the total cost of the special project if the 
Administrator or designee, the Director, Educational Affairs Division, 
finds that:
    (1) No reasonable means is available through which the applicant can 
meet the matching requirements for a regular Space Grant award under 
paragraph (a) of this section;
    (2) The probable benefit of such project outweighs the public 
interest in such matching requirement; and
    (3) The same or equivalent benefit cannot be obtained through the 
award of a regular Space Grant program or project award under paragraph 
(a) of this section or the award of a specific national need grant under 
section 207 of the Act.

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Sec. 1259.202  Application procedures.

    (a) The opportunity to apply shall be announced by the Director, 
Educational Affairs Division.
    (b) The application procedures and evaluation guidelines for awards 
under this section will be included in the announcements of such 
programs.
    (c) The applications will be reviewed by a peer review merit 
selection panel appointed by the Director, Educational Affairs Division.



Sec. 1259.203  Limitations.

    Public Law 100-147, Section 206(d)(2) and (3), states that:
    (a) Funds for awards made under this section may not be used to:
    (1) Purchase land;
    (2) Purchase, construct, preserve or repair any building; or
    (3) Purchase or construct any launch facility or launch vehicle.
    (b) Funds may be used to lease any of the items listed in paragraph 
(a) of this section as long as prior written approval is obtained from 
the Administrator or designee.



                     Subpart 3_National Needs Grants



Sec. 1259.300  Description.

    National needs awards may be awarded by the Administrator or 
designee to meet such needs or problems relating to aerospace identified 
by the Space Grant Review Panel, by NASA officials or by any person. 
Such awards may be up to 100 percent of the total cost of the program or 
project.



Sec. 1259.301  Identification of national needs.

    National needs shall be identified by the Administrator who shall 
consider specific national needs and problems relating to space proposed 
by the Space Grant Review Panel, any NASA official or any person.



Sec. 1259.302  Application procedures.

    (a) The Administrator or designee has the authority to make awards 
to meet identified national needs.
    (b) The Director, Educational Affairs Division, shall establish a 
competitive, merit-based review process to examine unsolicited national 
needs proposals.



Sec. 1259.303  Limitations.

    The same limitations shall apply as are stated in Sec. 1259.203.



        Subpart 4_Space Grant College and Consortium Designation



Sec. 1259.400  Description.

    (a) The Administrator may designate Space Grant colleges, Space 
Grant college consortia and Space Grant regional consortia in order to 
establish Federal/university partnerships to promote a strong 
educational base in the space and aeronautical sciences. These 
designated colleges and consortia will provide leadership for a network 
of American colleges and universities, industry and State and local 
governments in space-related fields. The Administrator hereby delegates 
this authority to the Director, Educational Affairs Division.
    (b) Designation of Space Grant colleges, Space Grant college 
consortia and Space Grant regional consortia shall be for 5 years. 
Designation of Space Grant colleges and consortia may be continued based 
on a merit review at the beginning of the fifth year.
    (c) Each designated Space Grant college or consortium will receive:
    (1) A Space Grant award that requires a 100 percent match; and
    (2) Funds for fellowships.
    (d) Each Space Grant college or consortium will be funded annually.



Sec. 1259.401  Responsibilities.

    Each designated Space Grant college or consortium shall:
    (a) Designate a Space Grant Program Director;
    (b) Establish a Space Grant Office;
    (c) Administer a fellowship program;
    (d) Develop and implement programs of public service, 
interdisciplinary space-related programs, advisory activities and 
cooperation with industry, research laboratories, State and local 
governments and other colleges and universities, particularly 
institutions in their State and/or region with significantly large 
enrollments of racial minorities who are under-represented in science 
and technology; and

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    (e) Provide nonfederal matching funds (exclusive of in-kind 
contributions) for the Space Grant program equal to that provided by 
NASA.



Sec. 1259.402  Basic criteria and application procedures.

    (a) Any institution of higher education may be designated a Space 
Grant college if the Administrator or designee finds that it has a 
balanced program of research, education, training and advisory services 
in fields related to space, as further defined in the program 
announcement.
    (b) Any association or other alliance of two or more persons may be 
designated a Space Grant regional consortium, if the Administrator or 
designee finds that such association or alliance:
    (1) Is established for the purpose of sharing expertise, research, 
educational or training facilities and other capabilities in order to 
facilitate research, education, training and advisory services, in any 
field related to space;
    (2) Will encourage and follow a regional approach to solving 
problems or meeting needs relating to space, in cooperation with other 
institutions of higher education, Space Grant program grantees and other 
persons in the region.
    (c) The opportunity to apply for designation shall be announced by 
the Director, Educational Affairs Division. The application procedures 
and evaluation guidelines for designation shall be included in the 
designation announcement.
    (d) Designation will be decided by a competitive merit review of the 
program proposal measured against the purposes of the Act and including, 
but not limited to, proposed linkages with other colleges and 
universities (particularly institutions with significant enrollments of 
under-represented minority groups), public service and collaboration 
with space-related industry.



Sec. 1259.403  Limitations.

    The same limitations shall apply as are stated in Sec. 1259.203.



Sec. 1259.404  Suspension or termination of designation.

    The Administrator or designee, the Director, Educational Affairs 
Division, may, for cause, and after an opportunity for a hearing before 
an Administrative Judge appointed by the Deputy Administrator, suspend 
or terminate the Space Grant designation of any institution or 
consortium.



                    Subpart 5_Space Grant Fellowships



Sec. 1259.500  Description.

    The Space Grant fellowship program will provide educational and 
training assistance to qualified individuals at the graduate level in 
fields related to space. Awards will be made to institutions of higher 
education for fellowships. The student recipients shall be known as NASA 
Space Grant Fellows.



Sec. 1259.501  Responsibilities.

    (a) All institutions which receive Space Grant fellowships will be 
expected to use the awards to increase the pool of graduate students in 
fields related to space.
    (b) The overall fellowship program shall be cognizant of 
institutional diversity and geographical distribution.



Sec. 1259.502  Application procedures.

    (a) All applicants for designation as Space Grant colleges and 
consortia must apply for Space Grant fellowships.
    (b) Applicants for Space Grant program or project grants (under 
Sec. 1259.200) and for national needs grants (under Sec. 1259.300) may 
also apply for Space Grant fellowships.
    (c) There will be a merit review selection of Space Grant fellowship 
awards.



Sec. 1259.503  Limitations.

    (a) Fellowships shall be awarded only to Nationals of the United 
States.
    (b) Any students supported under this fellowship program shall not 
be funded for more than 4 years unless the Director, Educational Affairs 
Division, makes an exception.

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                   Subpart 6_Space Grant Review Panel



Sec. 1259.600  Panel description.

    An independent committee, the Space Grant Review Panel, which is not 
subject to the Federal Advisory Committee Act, shall be established to 
advise the Administrator with respect to Space Grant program and project 
awards, the Space Grant fellowship program and the designation and 
operation of Space Grant colleges and consortia. A majority of the 
voting members shall be individuals who, by reason of knowledge, 
experience, or training are especially qualified in one or more of the 
fields related to space. The other voting members shall be individuals 
who, by reason of knowledge, experience or training, are especially 
qualified in, or representative of, education, extension services, State 
government, industry, economics, planning or any other activity related 
to the purposes of the Space Grant program.



Sec. 1259.601  Establishment and composition.

    (a) The Panel, to be located at NASA Headquarters in Washington, DC, 
will be composed of ten voting members who are not current NASA 
employees.
    (b) It shall include four from Federal departments, agencies or 
entities that have an interest in space programs or science and 
education, and six nonfederal representatives.
    (c) The nonfederal representatives shall include two persons who are 
directly involved with the Space Grant program at a Space Grant college 
or consortium, one person involved with the Space Grant program at a 
university that is not a designated Space Grant college, a university 
president or chancellor, one representative of a space-related industry 
and the last person to be from whatever field the Administrator 
determines to be of greatest concern.
    (d) The Panel members shall be appointed by the Administrator or 
designee.
    (e) The relevant organizations and associations in aerospace and 
science education fields will be asked to provide three names for each 
position on the panel. The Administrator shall consider them, but not be 
limited to them, in the selection process.
    (f) The Administrator or designee shall select a Chair and a Vice 
Chair. The Vice Chair shall act as Chair in the absence or incapacity of 
the Chair.
    (g) The Administrator or designee may select NASA officials to serve 
as ex officio, nonvoting members of the panel.



Sec. 1259.602  Conflict of interest.

    Any member of the Panel who has a personal or financial interest in 
an issue before the Panel shall abstain from voting on such issue.



Sec. 1259.603  Responsibilities.

    (a) The Panel shall advise the Administrator and the Director, 
Educational Affairs Division, with respect to:
    (1) Applications or proposals for, and performance under, awards 
made pursuant to sections 206 and 207 of Title II of the Act;
    (2) The Space Grant fellowship program;
    (3) The designation and operation of Space Grant colleges and Space 
Grant regional consortia, and the operation of Space Grant and 
fellowship programs;
    (4) The formulation and application of the planning guidelines and 
priorities pursuant to section 205 (a) and (b)(1) of Title II of the 
Act; and
    (5) Such other matters as the Administrator refers to the Panel for 
review and advice.
    (b) The Panel shall meet biannually and at any other time at the 
call of the Chair or upon a request from a majority of the voting 
members or at the call of the Administrator.
    (c) The Panel may exercise such powers as are reasonably necessary 
in order to carry out the duties enumerated in paragraph (a) of this 
section.
    (d) The Director, Educational Affairs Division, shall appoint an 
Executive Secretary who shall perform administrative duties for the 
Panel.
    (e) Federal members of the Panel will have their agencies reimbursed 
by NASA for any travel costs and per diem expenses required to attend 
Panel meetings.
    (f) Nonfederal members of the Panel will be reimbursed by NASA for 
travel

[[Page 200]]

costs and per diem expenses required to attend Panel meetings.

                          PART 1260 [RESERVED]



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



           Subpart 1261.1_Employees' Personal Property Claims

Sec.
1261.100  Scope of subpart.
1261.101  Claimants.
1261.102  Maximum amount.
1261.103  Time limitations.
1261.104  Allowable claims.
1261.105  Unallowable claims.
1261.106  Submission of claims.
1261.107  Evidence in support of claim.
1261.108  Recovery from carriers, insurers, and other third parties.
1261.109  Computation of allowance.
1261.110  Settlement of claims.

Subpart 1261.2 [Reserved]

  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

1261.300  Scope of subpart.
1261.301  Authority.
1261.302  Claim.
1261.303  Claimant.
1261.304  Place of filing claim.
1261.305  Form of claim.
1261.306  Evidence and information required.
1261.307  Time limitations.
1261.308  NASA officials authorized to act upon claims.
1261.309  Action under the Federal Tort Claims Act.
1261.310  Investigation of claims.
1261.311  Claims requiring Department of Justice approval or 
          consultation.
1261.312  Action on approved claims.
1261.313  Required notification in the event of denial.
1261.314  [Reserved]
1261.315  Procedures for the handling of lawsuits against NASA employees 
          arising within the scope of their office or employment.
1261.316  Policy.
1261.317  Attorney-client privilege.

 Subpart 1261.4_Collection of Civil Claims of the United States Arising 
      Out of the Activities of the National Aeronautics and Space 
                          Administration (NASA)

1261.400  Scope of subpart.
1261.401  Definitions.
1261.402  Delegation of authority.
1261.403  Consultation with appropriate officials; negotiation.
1261.404  Services of the Inspector General.
1261.405  Subdivision of claims not authorized; other administrative 
          proceedings.
1261.406  Aggressive collection action; documentation.
1261.407  Demand for payment; limitation periods.
1261.408  Use of consumer reporting agency.
1261.409  Contracting for collection services.
1261.410  Suspension or revocation of license or eligibility; 
          liquidation of collateral.
1261.411  Collection in installments.
1261.412  Interest, penalties, and administrative costs.
1261.413  Analysis of costs; automation; prevention of overpayments, 
          delinquencies, or defaults.
1261.414  Compromise of claims.
1261.415  Execution of releases.
1261.416  Suspending or terminating collection action.
1261.417  Referral to Department of Justice (DJ) or General Accounting 
          Office (GAO).

             Subpart 1261.5_Administrative Offset of Claims

1261.500  Scope of subpart.
1261.501  Definition.
1261.502  Notification procedures.
1261.503  Agency records inspection; hearing or review.
1261.504  Interagency requests.
1261.505  Multiple debts.
1261.506  Limitation periods.
1261.507  Civil Service Retirement and Disability Fund.
1261.508  Offset against a judgment.

 Subpart 1261.6_Collection by Offset From Indebted Government Employees

1261.600  Purpose of subpart.
1261.601  Scope of subpart.
1261.602  Definitions.
1261.603  Procedures for salary offset.
1261.604  Nonwaiver of rights by involuntary setoff.
1261.605  Refunds.
1261.606  Salary offset request by a creditor agency other than NASA 
          (the current paying agency).
1261.607  Obtaining the services of a hearing official.

    Authority: Subparts 1261.4, 1261.5, and 1261.6 issued under 42 
U.S.C. 2473(c); 31 U.S.C. 3711 et seq.; 5 U.S.C. 5514; 4 CFR parts 101-
105; 5 CFR part 550 subpart K, Secs. 550.1101-550.1107.

    Source: 45 FR 48104, July 18, 1980, unless otherwise noted.

[[Page 201]]



           Subpart 1261.1_Employees' Personal Property Claims

    Authority: 31 U.S.C. 2371, et seq.



Sec. 1261.100  Scope of subpart.

    This subpart prescribes regulations governing the settlement of 
claims against the National Aeronautics and Space Administration (NASA) 
for damage to, or loss of, personal property incident to service with 
NASA.



Sec. 1261.101  Claimants.

    (a) A claim for damage to, or loss of, personal property incident to 
service with NASA may be made only by:
    (1) An officer or employee of the National Aeronautics and Space 
Administration;
    (2) A member of the uniformed services (Army, Navy, Air Force, 
Marine Corps, Coast Guard, Coast and Geodetic Survey and Public Health 
Service) assigned to duty with or under the jurisdiction of NASA;
    (3) The authorized agent or legal representative of a person named 
in paragraph (a)(1) or (2) of this section; or
    (4) The survivors of a person named in paragraph (a)(1) or (2) of 
this section in the following order of precedence: Spouse; children, 
father or mother, or both; or brothers or sisters, or both. Claims by 
survivors may be allowed whether arising before, concurrently with, or 
after the decedent's death, if otherwise covered by this subpart.
    (b) Employees of contractors with the United States and employees of 
nonappropriated fund activities are not included within the meaning of 
paragraph (a)(1) or (2) of this section.
    (c) Claims may not be made by or for the benefit of a subrogee, 
assignee, conditional vendor, or other third party.



Sec. 1261.102  Maximum amount.

    From October 1, 1982, to October 30, 1988, the maximum amount that 
may be paid under the Military Personnel and Civilian Employees' Claim 
Act of 1964, as amended (31 U.S.C. 3721) is $25,000, and on or after 
October 31, 1988, the maximum amount is $40,000 (Pub. L. 100-565, 102 
Stat. 2833, October 31, 1988).

[54 FR 35456, Aug. 28, 1989]



Sec. 1261.103  Time limitations.

    (a) A claim may be allowed only if the claim is presented in writing 
within 2 years after it accrues. For the purposes of this subpart, a 
claim accrues at the time of the accident or incident causing the loss 
or damage, or at such time as the loss or damage is or should have been 
discovered by the claimant through the exercise of due diligence.
    (b) If a claim accrues in time of war or if an armed conflict 
intervenes within 2 years after it accrues, and if good cause is shown, 
the claim may be presented not later than 2 years after that cause 
ceases to exist, or 2 years after the war or armed conflict is 
terminated, whichever is earlier. The dates of beginning and ending of 
such an armed conflict are the dates established by concurrent 
resolution of the Congress or by a determination of the President.



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

[[Page 202]]

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.



Sec. 1261.105  Unallowable claims.

    Claims are not allowable for the following:
    (a) Unassigned quarters in United States. Claims may not be allowed 
for property loss or damage in quarters occupied by the claimant within 
the 50 States or the District of Columbia that were not assigned to 
claimant or provided in kind by the United States.
    (b) Money or currency. Claims may not be allowed for loss of money 
or currency, except when lost incident to fire, flood, hurricane, other 
natural disaster, or by theft from quarters (as limited by paragraph 
(a)). Reimbursement for loss of money or currency is limited to an 
amount which is determined reasonable to have been in the claimant's 
possession at the time of the loss.
    (c) Government property. Claims may not be allowed for property 
owned by the United States, except that for which the claimant is 
financially responsible to any agency of the Government other than NASA.
    (d) Business property. Claims may not be allowed for property used 
in a private business enterprise.
    (e) Articles of extraordinary value. Claims may not be allowed for 
valuable articles, such as cameras, watches, jewelry, furs; or other 
articles of extraordinary value, when shipped with household goods or as 
unaccompanied baggage (shipment includes storage). This prohibition does 
not apply to articles in the personal custody of the claimant or 
articles properly checked: Provided, That reasonable protection or 
security measures have been taken by claimant.
    (f) Unserviceable property. Claims may not be allowed for worn-out 
unserviceable property.

[[Page 203]]

    (g) Illegal possession. Claims may not be allowed for property 
acquired, possessed, or transported in violation of law or in violation 
of applicable regulations or directives.
    (h) Estimate fees. Claims may not include fees paid to obtain 
estimates or repair, except when it is clear that an estimate could not 
have been obtained without paying a fee.
    (i) Automobiles and other vehicles. Claims may not be allowed for 
damage to, or loss of, automobiles and other vehicles unless:
    (1) The vehicles were required to be used for official Government 
business (official Government business, as used here, does not include 
travel between quarters and place of duty, parking of vehicles incident 
to such travel, or use of vehicles for the convenience of the owner); or
    (2) Shipment of motor vehicles to, from, or between overseas areas 
was being furnished or provided by the Government; or
    (3) The damage or loss was caused by the negligent or wrongful act 
or omission of any employee of the Government acting within the scope of 
office or employment.



Sec. 1261.106  Submission of claims.

    All claims shall be submitted in duplicate to the Administrator or 
designee on NASA Form 1204, ``Employee's Claim for Damage to, or Loss 
of, Personal Property Incident to Service.''



Sec. 1261.107  Evidence in support of claim.

    (a) General. In addition to the information required on NASA Form 
1204, and any other evidence required by the Administrator or designee, 
the claimant will furnish the following evidence when relevant:
    (1) A corroborating statement from the claimant's supervisor or 
other person or persons having personal knowledge of the facts 
concerning the claim.
    (2) A statement of any property recovered or replaced in kind.
    (3) An itemized bill of repair for property which has been repaired, 
or one or more written estimates of the cost of repairs from competent 
persons if the property is repairable but has not been repaired.
    (b) Specific classes of claims. Claims of the following types shall 
also be accompanied with specific and detailed evidence as indicated:
    (1) Theft, burglary, etc. A statement describing in detail the 
location where the loss occurred and the facts and circumstances 
surrounding the loss, including supporting documentation, e.g., a police 
report.
    (2) Transportation losses. A copy of orders authorizing the travel, 
transportation or shipment, or a certificate explaining the absence of 
such orders and stating their substance; all bills of lading and 
inventories of property shipped; and a statement indicating the 
condition of the property when turned over to the carrier and when 
received from the carrier.



Sec. 1261.108  Recovery from carriers, insurers, and other third parties.

    (a) General. NASA is not an insurer and does not underwrite all 
personal property losses that an employee may sustain. Employees are 
encouraged to carry private insurance to the maximum extent practicable 
to avoid large losses or losses which may not be recoverable from NASA. 
The procedures set forth in this section are designed to enable the 
claimant to obtain the maximum amount of compensation for personal 
property loss or damage. Failure of the claimant to comply with these 
procedures may reduce or preclude payment of the claim.
    (b) Demand on carrier, contractor, warehouse owner/operator, or 
insurer. When it appears that property has been damaged or lost under 
circumstances in which a carrier, warehouse owner/operator, contractor 
or insurer may be responsible, the claimant shall make a written demand 
on such party, either before or after submitting a claim against NASA. 
The Administrator or designee, if requested, will assist in making 
demand on the third party. No such demand need be made if, in the 
opinion of the Administrator or designee, it would be impracticable or 
any recovery would be insignificant, or if circumstances preclude the 
claimant from making timely demand.
    (c) Action subsequent to demand. A copy of the demand and of any 
related correspondence shall be submitted to

[[Page 204]]

the Administrator or designee. If the carrier, insurer, or other third 
party offers a settlement which is less than the amount of the demand, 
the claimant shall consult with the Administrator or designee before 
accepting the amount offered. The claimant shall also notify the 
Administrator or designee promptly of any other action by a third party, 
including settlement, partial settlement, or denial of liability.
    (d) Application of recovery. When the amount recovered from a 
carrier, insurer, or other third party is greater than or equal to the 
claimant's total loss as determined under this subpart, no compensation 
is allowable under this subpart. When the amount recovered is less than 
such total loss, the allowable amount is determined by deducting the 
recovery from the amount of total loss subject to the maximum set forth 
in Sec. 1261.102.
    (e) Transfer of rights. The claimant shall assign to the United 
States, to the extent of any payment accepted on a claim, all rights, 
title, and interest in any claim he/she may have against any carrier, 
insurer, or other party arising out of the accident or incident on which 
the claim against the United States is based. The claimant shall also, 
upon request, furnish such evidence and other cooperation as may be 
required to enable the United States to enforce the claim. After payment 
on the claim by the United States, the claimant shall, upon receipt of 
any payment from a carrier, insurer, or other party, notify the 
Administrator or designee and pay the proceeds to the United States to 
the extent required under the provisions of paragraph (d).



Sec. 1261.109  Computation of allowance.

    (a) The amount allowed for damage to or loss of any item of property 
may not exceed the cost of the item (either the price paid in cash or 
property, or the value at the time of acquisition if not acquired by 
purchase or exchange). There will be no allowance for replacement cost 
or for appreciation in the value of the property. Subject to these 
limitations, the amount allowable is either:
    (1) The depreciated value, immediately prior to the loss or damage 
of property lost or damaged beyond economical repair, less any salvage 
value; or
    (2) The reasonable cost of repairs, when property is economically 
repairable: Provided, That the cost of repairs does not exceed the 
amount allowable under paragraph (a)(1) of this section.
    (b) Depreciation in value is determined by considering the type of 
article involved, its cost, its condition when damaged or lost, and the 
time elapsed between the date of acquisition and the date of damage or 
loss, with appropriate recognition of current replacement value.
    (c) Limitation on agent or attorney fees. No more than 10 per centum 
of the amount paid in settlement of each individual claim submitted and 
settled shall be paid or delivered to or received by an agent or 
attorney on account of services rendered in connection with that claim, 
any contract to the contrary notwithstanding (31 U.S.C. 243).



Sec. 1261.110  Settlement of claims.

    (a) Settlement officials. (1) Claims in the amount of $5,000 or more 
will be acted upon by the General Counsel. Claims less than $5,000 will 
be acted upon by the Chief Counsel of the NASA Field Installation where 
the employee was assigned at the time of the loss or damage or the 
Assistant General Counsel for Litigation for NASA Headquarters claims.
    (2) Claims arising for $5,000 or more shall be investigated by the 
Chief Counsel or Assistant General Counsel for Litigation, as 
appropriate, and a report and recommendation thereon shall be forwarded 
to the General Counsel.
    (b) Action by settlement official. (1) For each claim, the 
settlement official shall complete a report in duplicate on NASA Form 
1204 and retain a claim file consisting of the original claim, the 
report, and any other relevant evidence or documents.
    (2) When a claim is allowed in an amount acceptable to the claimant, 
the settlement official shall prepare a ``Voucher for Payment of 
Employees' Personal Property Claims'' (NASA Form 1220), have it properly 
executed by the claimant, and forward it with a copy of the approved 
claim (NASA Form 1204) to the appropriate NASA

[[Page 205]]

fiscal or financial management office for payment.
    (3) When a claim is disallowed or is partially allowed in an amount 
unacceptable to the claimant, the settlement official shall notify the 
claimant in writing of the action taken and the reasons therefor. If not 
satisfied with the action taken, the claimant may, within 60 days after 
receipt of such notice, request reconsideration of the claim and may 
submit any new evidence that he/she feels to be pertinent to the claim. 
If such a claim has been disallowed at the field installation level, the 
claimant may request reconsideration by the field installation, or by 
the General Counsel, or both.
    (c) Final and conclusive. The settlement of a claim under this 
subpart, whether by full or partial allowance or disallowance, is final 
and conclusive.

Subpart 1261.2 [Reserved]



  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

    Authority: 28 U.S.C. 2671-2680, 42 U.S.C. 2473(c)(13), and 28 CFR 
part 14.



Sec. 1261.300  Scope of subpart.

    This subpart sets forth the procedures for:
    (a) The submission of, and action by NASA upon, claims against the 
United States arising out of the activities of NASA for damage to or 
loss of property or personal injury or death, and designates the NASA 
officials authorized to act upon such claims.
    (b) The handling of lawsuits against NASA employee(s) for damage to 
or loss of property or personal injury or death resulting from a NASA 
employee's activities within the scope of his/her office or employment.



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 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

[[Page 206]]

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.



Sec. 1261.302  Claim.

    Unless the context otherwise requires, claim means a claim for money 
damages against the United States arising out of the activities of NASA, 
for injury or loss of property, or personal injury or death. A claim 
``arises'' at the place where the injury, loss, or death occurs.



Sec. 1261.303  Claimant.

    (a) A claim for damage to or loss of property may be presented by 
the owner of the property, duly authorized agent or legal 
representative.
    (b) A claim for personal injury may be presented by the injured 
person, duly authorized agent, or legal representative.
    (c) A claim based on death may be presented by the executor(rix) or 
administrator(rix) of the decedent's estate, or by any other person 
legally entitled to assert such a claim in accordance with applicable 
State law.
    (d) A claim for loss wholly compensated by an insurer with the 
rights of a subrogee may be presented by the insurer. A claim for loss 
partially compensated by an insurer with the rights of a subrogee may be 
presented by the parties individually as their respective interests 
appear, or jointly.
    (e) A claim presented by an agent or legal representative shall be 
presented in the name of the claimant, be signed by the agent or legal 
representative, show the title or legal capacity of the person signing 
and be accompanied by evidence of the agent's or legal representative's 
authority to present a claim on behalf of the claimant as agent, 
executor(rix), administrator (rix), parent, guardian, or other 
representative.



Sec. 1261.304  Place of filing claim.

    A claim arising in the United States should be submitted to the 
Chief Counsel of the NASA Installation whose activities are believed to 
have given rise to the claimed injury, loss, or death. If the identity 
of such installation is not known, or if the claim arose in a foreign 
country, the claim should be submitted to the General Counsel, National 
Aeronautics and Space Administration, Washington, DC 20546.



Sec. 1261.305  Form of claim.

    (a) The official designated in Sec. 1261.308 shall, prior to acting 
on a claim, require the claimant to submit a completed Standard Form 
95--``Claim for Damage, Injury or Death.''
    (b) NASA installations will furnish copies of Standard Form 95 upon 
request.



Sec. 1261.306  Evidence and information required.

    (a) The circumstances alleged to have given rise to the claim, and 
the amount claimed, should, so far as possible, be substantiated by 
competent evidence. Supporting statements, estimates, and the like 
should, if possible, be obtained from disinterested parties. For 
specific guidance as to Federal Tort Claims Act claims, see Department 
of Justice regulations on ``Administrative Claims under Federal Tort 
Claims Act'' at 28 CFR part 14.
    (b) In addition to the evidence and information required under 
paragraph (a), any claimant shall be required to submit information as 
to the amount of money or other property received as damages or 
compensation, or which the claimant may be entitled to receive, by 
reason of the claimed injury, loss, or death from persons other than 
NASA or NASA employees. (Such persons include, but are not limited to, 
insurers, employers, and persons whose conduct was a cause of the 
accident or incident.)
    (c) Any document in other than the English language should be 
accompanied by an English translation.

[[Page 207]]



Sec. 1261.307  Time limitations.

    (a) A claim may not be acted upon pursuant to the Federal Tort 
Claims Act unless it is presented to NASA within 2 years after it 
accrued.
    (b) A claim may not be acted upon pursuant to 42 U.S.C. 
2473(c)(13)(A) or (B) unless it is presented to NASA within 2 years 
after the occurrence of the accident or incident out of which the claim 
arose.
    (c) A claim shall be deemed to have been presented to NASA when NASA 
receives from a claimant or duly authorized agent or legal 
representative an executed Standard Form 95 or other written 
notification of an incident or accident, accompanied by a claim in a sum 
certain.



Sec. 1261.308  NASA officials authorized to act upon claims.

    (a) Claims in the amount of $10,000 or more will be acted upon as 
directed by the General Counsel;
    (b) Claims less than $10,000 will be acted upon by the Chief Counsel 
of the NASA Field Installation where the employee was assigned at the 
time of the loss or damage or the Assistant General Counsel for 
Litigation for NASA Headquarters claims.
    (c) Claims of $10,000 or more, pursuant either to the Federal Tort 
Claims Act, or 42 U.S.C. 2473(c)(13), shall be acted upon only with the 
prior approval of the General Counsel. Such claims shall be forwarded to 
the General Counsel for approval, if the Chief Counsel or the Assistant 
General Counsel for Litigation is of the opinion that the claim may be 
meritorious and otherwise suitable for settlement under any authority. A 
claim so forwarded should be accompanied by a report of the facts of the 
claim, based upon such investigation as may be appropriate, and a 
recommendation as to the action to be taken.
    (d) Claims acted upon by NASA officials pursuant to this section 
shall be acted upon pursuant to the Federal Tort Claims Act, or 42 
U.S.C. 2473(c)(13)(A) or (B), as the NASA official deems appropriate.



Sec. 1261.309  Action under the Federal Tort Claims Act.

    Where a claim is to be acted upon pursuant to the Federal Tort 
Claims Act, action shall be taken in accordance with 28 U.S.C. 2672, 
other provisions of the Federal Tort Claims Act as may be applicable 
(e.g., 28 U.S.C. 2680), and regulations prescribed by the Attorney 
General which appear at 28 CFR part 14.



Sec. 1261.310  Investigation of claims.

    The officials designated in Sec. 1261.308 shall conduct such 
investigation of a claim as deemed appropriate. The officials may 
request any NASA office or other Federal agency to assist in the 
investigation.



Sec. 1261.311  Claims requiring Department of Justice approval or
consultation.

    (a) When in the opinion of the NASA official designated in 
Sec. 1261.308, Department of Justice approval or consultation may be 
required, pursuant to 28 CFR part 14, in connection with a claim being 
acted upon under the Federal Tort Claims Act, the following papers shall 
be forwarded to the General Counsel:
    (1) A short and concise statement of the facts of the claim.
    (2) Copies of all relevant portions of the claim file.
    (3) A statement of the recommendations or views of the forwarding 
official.
    (b) A claim forwarded to the General Counsel in accordance with 
paragraph (a) of this section, or upon which the General Counsel is 
acting pursuant to Sec. 1261.308(c), shall be referred to the Department 
of Justice when, in the opinion of the General Counsel, Department of 
Justice approval or consultation is required or may be appropriate.



Sec. 1261.312  Action on approved claims.

    (a) Upon settlement of a claim, the official designated in 
Sec. 1261.308 will prepare and have executed by the claimant a Voucher 
for Payment of Tort Claims (NASA Form 616) if the claim has been acted 
upon pursuant to 42 U.S.C. 2473(c)(13), or a Voucher for Payment under 
Federal Tort Claims Act (Standard Form 1145) if the claim has

[[Page 208]]

been acted upon pursuant to the Federal Tort Claims Act. The form will 
then be referred to the cognizant NASA installation fiscal or financial 
management office for appropriate action.
    (b) When a claimant is represented by an attorney, both the claimant 
and attorney will be designated as ``payees'' on the voucher, and the 
check will be delivered to the attorney whose address shall appear on 
the voucher.
    (c) Acceptance by the claimant, agent, or legal representative, of 
any award, compromise, or settlement made pursuant to this subpart shall 
be final and conclusive on the claimant, agent or legal representative 
and any other person on whose behalf or for whose benefit the claim has 
been presented, and shall constitute a complete release of any claim 
against the United States and against any employee of the Government 
whose act or omission gave rise to the claim, by reason of the same 
subject matter.



Sec. 1261.313  Required notification in the event of denial.

    Final denial of a claim shall be in writing and shall be sent to the 
claimant, the attorney, or legal representative by certified or 
registered mail. The notification of final denial may include a 
statement of the reasons for the denial and shall include a statement 
that if the claimant is dissatisfied with NASA's action, the claimant 
may file suit in an appropriate U.S. District Court not later than 6 
months after the date of mailing the notification.



Sec. 1261.314  [Reserved]



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 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.

[[Page 209]]



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]



Sec. 1261.317  Attorney-client privilege.

    (a) Attorneys employed by the National Aeronautics and Space 
Administration participate in the process utilized for the purpose of 
determining whether the agency should request the Department of Justice 
to provide representation to a present or former agency employee sued, 
subpoenaed, or charged in his/her individual capacity, and attorneys 
employed by the National Aeronautics and Space Administration provide 
assistance in obtaining representation of such an agency employee. In 
these roles, agency attorneys undertake a full and traditional attorney-
client relationship with the employee with respect to application of the 
attorney-client privilege. If representation is authorized, National 
Aeronautics and Space Administration attorneys who assist in the 
representation of a present or former employee also undertake a full and 
traditional attorney-client relationship with that employee with respect 
to the attorney-client privilege.
    (b) Any adverse information communicated by the client-employee to 
an agency attorney during the course of such attorney-client 
relationship shall not be disclosed to anyone, either inside or outside 
the National Aeronautics and Space Administration, other than attorneys 
resonsible for representation of the employee, unless such disclosure is 
authorized by the employee. Such adverse information shall continue to 
be fully protected whether or not representation is provided and even 
though representation may be denied or discontinued.

[53 FR 27483, July 21, 1988]

[[Page 210]]



 Subpart 1261.4_Collection of Civil Claims of the United States Arising 
      Out of the Activities of the National Aeronautics and Space 
                          Administration (NASA)

    Source: 52 FR 19487, May 26, 1987, unless otherwise noted.



Sec. 1261.400  Scope of subpart.

    (a) These regulations do the following:
    (1) Prescribe standards for the administrative collection, 
compromise, suspension or termination of collection, and referral to the 
General Accounting Office (GAO), and/or to the Department of Justice 
(DJ) for litigation, of civil claims as defined by 31 U.S.C. 3701(b), 
arising out of the activities of NASA;
    (2) Designate the responsible NASA officials authorized to effect 
actions hereunder; and
    (3) Require compliance with the GAO/DJ joint regulations at 4 CFR 
parts 101 through 105 and the Office of Personnel Management (OPM) 
regulations at 5 CFR part 550, subpart K.
    (b) Failure to comply with any provision of the GAO/DJ or OPM 
regulations shall not be available as a defense to any debtor (4 CFR 
101.8).
    (c) These regulations do not include any claim based in whole or in 
part on violation of the anti-trust laws; any claim as to which there is 
an indication of fraud, the presentation of a false claim, or 
misrepresentation on the part of the debtor or any party having an 
interest in the claim; tax claims; or Federal interagency claims (4 CFR 
101.3).



Sec. 1261.401  Definitions.

    (a) Claim and debt. The terms denote a civil claim arising from the 
activities of NASA for an amount of money, or return or value of 
property (see 4 CFR 101.5), owing to the United States from any person, 
organization, or entity, except another Federal agency. The words claim 
and debt have been used interchangeably and are considered synonymous.
    (b) Delinquent debt. The debt is delinquent if it has not been paid 
by the date specified in the initial written notification (e.g., 
Sec. 1261.407) or applicable contractual agreement, unless other 
acceptable (to NASA) payment arrangements have been made by that date, 
or if, at any time thereafter, the debtor fails to satisfy an obligation 
under the payment agreement.
    (c) Referral for litigation. Referral through the NASA 
installation's legal counsel to the Department of Justice (Main Justice 
or the United States Attorney, as appropriate) for legal proceedings.



Sec. 1261.402  Delegation of authority.

    The following NASA officials are delegated authority, as qualified 
by Sec. 1261.403, to take such action as is authorized by these 
regulations to collect, compromise, suspend/terminate collection, and 
upon consultation with and through legal counsel, to refer the claim (as 
applicable) to the GAO or Department of Justice:
    (a) For field installations, with regard to subpart 1261.4 and 
subpart 1261.5: The Director of the Installation or a designee who 
reports directly to the Installation Director. A copy of such 
designation, if any, shall be sent to the Director, Financial Management 
Division, NASA Headquarters.
    (b) For Headquarters, with regard to subpart 1261.4 and subpart 
1261.5: The Associate Administrator for Management or a designee who 
reports directly to the Associate Administrator for Management. A copy 
of such designation, if any, shall be sent to the Director, Financial 
Management Division, NASA Headquarters.
    (c) With respect to the analysis required by Sec. 1261.413: The NASA 
Comptroller or designee.
    (d) NASA wide, with regard to subpart 1261.6: The NASA Comptroller 
or designee.
    (e) NASA wide, for complying with pertinent provisions under these 
regulations for agency hearing or review (see Secs. 1261.408(b), 
1261.503, and 1261.603(c)): The NASA General Counsel or designee.



Sec. 1261.403  Consultation with appropriate officials; negotiation.

    (a) The authority pursuant to Sec. 1261.402 to determine to forego 
collection of interest, to accept payment of a claim in installments, 
or, as to claims

[[Page 211]]

which do not exceed $20,000, exclusive of interest and related charges, 
to compromise a claim or to refrain from doing so, or to refrain from, 
suspend or terminate collection action, shall be exercised only after 
consultation with legal counsel for the particular installation and the 
following NASA officials or designees, who may also be requested to 
negotiate the appropriate agreements or arrangements with the debtor:
    (1) With respect to claims against contractors or grantees arising 
in connection with contracts or grants--the contracting officer and the 
financial management officer of the installation concerned.
    (2) With respect to claims against commercial carriers for loss of 
or damage to NASA freight shipment--the cognizant transportation 
officers or the official who determined the amount of the claim, as 
appropriate, and the financial management officers of the installation 
concerned.
    (3) With respect to claims against employees of NASA incident to 
their employment--the personnel officer and the financial management 
officer of the installation concerned.
    (b) The appropriate counsel's office shall review and concur in the 
following:
    (1) All communications to and agreements with debtors relating to 
claims collection.
    (2) All determinations to compromise a claim, or to suspend or 
terminate collection action.
    (3) All referrals of claims, other than referrals to the Department 
of Justice pursuant to Sec. 1261.404(b)(1).
    (4) All documents releasing debtors from liability to the United 
States.
    (5) All other actions relating to the collection of a claim which in 
the opinion of the official designated in or pursuant to Sec. 1261.402 
may affect the rights of the United States.



Sec. 1261.404  Services of the Inspector General.

    (a) At the request of an official designated in or pursuant to 
Sec. 1261.402, the Office of the Inspector General will, where 
practicable, conduct such investigations as may assist in the 
collection, compromise, or referral of claims of the United States, 
including investigations to determine the location and financial 
resources of the debtors.
    (b) Any claim which, in the opinion of an official designated in or 
pursuant to Sec. 1261.402 or Sec. 1261.403, may indicate fraud, 
presentation of a false claim, or misrepresentation, on the part of the 
debtor or any other party having an interest in the claim, shall be 
referred by the designated official to the Inspector General (IG), NASA 
Headquarters, or to the nearest office of the NASA IG. After an 
investigation as may be appropriate, the IG shall:
    (1) Notice the official, from whom the claim was received, of the 
findings and refer the claim to the Department of Justice in accordance 
with the provisions of 4 CFR 101.3; or
    (2) If it were found that there is no such indication of fraud, the 
presentation of a false claim, or misrepresentation, return the claim to 
the official from whom it was received.



Sec. 1261.405  Subdivision of claims not authorized; other administrative
proceedings.

    (a) Subdivision of claims. Claims may not be subdivided to avoid the 
$20,000 ceiling, exclusive of interest, penalties, and administrative 
costs, for purposes of compromise (Sec. 1261.414) or suspension or 
termination of collection (Sec. 1261.416). The debtor's liability 
arising from a particular transaction or contract shall be considered a 
single claim (4 CFR 101.6).
    (b) Required administrative proceedings. Nothing contained in these 
regulations is intended to require NASA to omit, foreclose, or duplicate 
administrative proceedings required by contract or other applicable laws 
and implementing regulations (4 CFR 101.7).



Sec. 1261.406  Aggressive collection action; documentation.

    (a) NASA shall take aggressive action, on a timely basis with 
effective followup, to collect all claims of the United States for money 
or property arising out of NASA activities, and to cooperate with the 
other Federal agencies in debt collection activities.
    (b) All administrative collection action shall be documented and the 
bases

[[Page 212]]

for compromise, or for termination or suspension of collection action, 
should be set out in detail. Such documentation, including the Claims 
Collection Litigation Report under Sec. 1261.417(e), should be retained 
in the appropriate claims file.



Sec. 1261.407  Demand for payment; limitation periods.

    (a) Appropriate written demands shall be made promptly upon a debtor 
of the United States in terms which inform the debtor of the 
consequences of failure to cooperate. A total of three progressively 
stronger written demands at not more than 30-day intervals will normally 
be made unless a response to the first or second demand indicates that a 
further demand would be futile and the debtor's response does not 
require rebuttal. In determining the timing of demand letters, NASA will 
give due regard to the need to act promptly so that, as a general rule, 
if necessary to refer the debt to the Department of Justice for 
litigation, such referral can be made within one year of the agency's 
final determination of the fact and the amount of the debt. When 
necessary to protect the Government's interests (for example, to prevent 
the statute of limitations, 28 U.S.C. 2415, from expiring), written 
demand may be preceded by other appropriate actions, including immediate 
referral for litigation.
    (b) The initial demand letter should inform the debtor of:
    (1) The basis for the indebtedness and whatever rights the debtor 
may have to seek review within the agency;
    (2) The applicable standards for assessing interest, penalties, and 
administrative costs (Sec. 1261.412); and
    (3) The date by which payment is to be made, which normally should 
be not more than 30 days from the date that the initial demand letter 
was mailed or hand delivered. The responsible official should exercise 
care to ensure that demand letters are mailed or hand delivered on the 
same day that they are actually dated. Apart from these requirements, 
there is no prescribed format for demand letters. However, as 
appropriate to the circumstances, the responsible official may consider 
including, either in the initial demand letter or in subsequent letters, 
such items the NASA's willingness to discuss alternative methods of 
payment, or intentions with respect to referral of the debt to the 
Department of Justice for litigation.
    (c) NASA should respond promptly to communications from the debtor, 
within 30 days whenever feasible, and should advise debtors who dispute 
the debt to furnish available evidence to support their contentions.
    (d) If either prior to the initiation of, any time during, or after 
completion of the demand cycle, a determination to pursue offset is 
made, then the procedures specified in subparts 1261.5 and 1261.6, as 
applicable, should be followed. The availability of funds for offset and 
NASA's determination to pursue it release the agency from the necessity 
of further compliance with paragraphs (a), (b), and (c) of this section. 
If the agency has not already sent the first demand letter, the agency's 
written notification of its intent to offset must give the debtor the 
opportunity to make voluntary payment, a requirement which will be 
satisfied by compliance with the notice requirements of Sec. 1261.502 or 
Sec. 1261.603(a), as applicable.
    (e) NASA should undertake personal interviews with its debtors 
whenever this is feasible, having regard for the amounts involved and 
the proximity of agency representatives to such debtors; and may attempt 
to effect compromise of the claim in accordance with Sec. 1261.414.
    (f) When a debtor is employed by the Federal government or is a 
member of the military establishment or the Coast Guard, and collection 
by offset cannot be accomplished in accordance with subpart 1261.6, the 
employing agency will be contacted for the purpose of arranging with the 
debtor for payment of the indebtedness by allotment or otherwise in 
accordance with section 206 of Executive Order 11222, May 8, 1965, 30 FR 
6469, which provides that: ``An employee is expected to meet all just 
financial obligations, especially those--such as Federal, State, or 
local taxes--which are imposed by law'' (4 CFR 102.81).

[[Page 213]]



Sec. 1261.408  Use of consumer reporting agency.

    (a) The term consumer reporting agency has the meaning provided in 
the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 
3701(a)(3)):
    (1) A consumer reporting agency as that term is defined in section 
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f); or
    (2) A person that, for money or on a cooperative basis, regularly--
    (i) Gets information on consumers to give the information to a 
consumer reporting agency; or
    (ii) Serves as a marketing agent under an arrangement allowing a 
third party to get the information from a consumer reporting agency.
    (b) NASA Headquarters Financial Management Division, shall be the 
focal contact between NASA and consumer reporting agencies. The 
following procedures shall apply when such agencies are employed by 
NASA:
    (1) After the appropriate notice pursuant to 5 U.S.C. 552a(e)(4) has 
been published, NASA may disclose, in accordance with 5 U.S.C. 
552a(b)(12), information about a debtor to a consumer reporting agency. 
Such information may include:
    (i) That a claim has been determined to be valid and is overdue 
(including violation by debtor of a repayment plan or other claim 
settlement agreement);
    (ii) The name, address, taxpayer identification number, and any 
other information necessary to establish the identity of the individual 
responsible for the claim;
    (iii) Amount, status, and history of the claim;
    (iv) Program or pertinent activity under which the claim arose.
    (2) Before disclosing the information specified in paragraph (b)(1) 
of this section, NASA shall comply with 31 U.S.C. 3711(f) by:
    (i) Taking reasonable action to locate the individual if a current 
address is not available;
    (ii) If a current address is available, noticing the individual by 
certified mail, return receipt requested, that: The designated NASA 
official has reviewed the claim and determined that it is valid and 
overdue; within not less than 60 days after sending this notice, NASA 
intends to disclose to a consumer reporting agency the specific 
information to be disclosed under paragraph (b)(1) of this section; the 
individual may request a complete explanation of the claim, dispute the 
information in the records of NASA about the claim, and file for an 
administrative review or repeal of the claim or for reconsideration of 
the initial decision on the claim.
    (3) If an administrative review or reconsideration is requested, the 
responsible official or designee shall refer the request to the 
appropriate NASA legal counsel for an impartial review and determination 
by counsel or designee based on the entire written record. If the 
reviewer cannot resolve the question of indebtedness based upon the 
available documentary evidence, verified written statements by the 
debtor or the responsible official may be requested on any pertinent 
matter not addressed by the available record.
    (c) If the information is to be submitted to a consumer reporting 
agency, the responsible official shall obtain a verified statement from 
such agency which gives satisfactory assurances that the particular 
agency is complying with all laws of the United States related to 
providing consumer credit information; and thereafter ensure that the 
consumer reporting agency is promptly informed of any substantial change 
in the condition or amount of the claim, or, on request of such agency, 
promptly verify or correct information about the claim.



Sec. 1261.409  Contracting for collection services.

    (a) When NASA determines that there is a need to contract for 
collection services, the following conditions must attach:
    (1) The authority to resolve disputes, compromise claims, suspend or 
terminate collection action, and refer the matter for litigation must be 
retained by NASA.
    (2) The contractor shall be subject to the Privacy Act of 1974, as 
amended, to the extent specified in 5 U.S.C. 552a(m), and to applicable 
Federal and State laws and regulations pertaining to debt collection 
practices--for example, the

[[Page 214]]

Fair Debt Collection Practices Act (15 U.S.C. 1692), and 26 U.S.C. 
6103(p)(4) and applicable regulations of the Internal Revenue Service;
    (3) The contractor must be required to account strictly for all 
amounts collected; and
    (4) The contractor must agree to provide any data contained in its 
files relating to collection actions and related reports, current 
address of debtor, and reasonably current credit information upon 
returning an account to NASA for subsequent referral to the Department 
of Justice for litigation.
    (b) Funding of collection service contracts:
    (1) NASA may fund a collection service contract on a fixed-fee 
basis--that is, payment of a fixed fee determined without regard to the 
amount actually collected under the contract. However, such contract may 
be entered into only if and to the extent provided in the appropriation 
act or other legislation, except that this requirement does not apply to 
the use of a revolving fund authorized by statute. Accordingly, payment 
of the fixed-fee must be charged to available agency appropriations. See 
4 CFR 102.6(b)(1) and (3).
    (2) NASA may also fund a collection service contract on a 
contingent-fee basis--that is, by including a provision in the contract 
permitting the contractor to deduct its fee from amounts collected under 
the contract. The fee should be based on a percentage of the amount 
collected, consistent with prevailing commercial practice. See 4 CFR 
102.6(b)(2).
    (3) Except as authorized under paragraph (b)(2) of this section, or 
unless otherwise specifically provided by law, NASA must deposit all 
amounts recovered under collection service contracts (or by NASA 
employees on behalf of the agency) in the Treasury Department as 
miscellaneous receipts pursuant to 31 U.S.C. 3302. See 4 CFR 
102.6(b)(4).



Sec. 1261.410  Suspension or revocation of license or eligibility;
liquidation of collateral.

    (a) In seeking the collection of statutory penalties, forfeitures, 
or debts provided for as an enforcement aid or for compelling 
compliance, NASA will give serious consideration to the suspension or 
revocation of licenses or other privileges for any inexcusable, 
prolonged, or repeated failure of a debtor to pay such a claim. In the 
case of a contractor under 48 CFR chapter 18, NASA will comply with the 
debarment, suspension, and ineligibility requirements of the NASA 
Federal Acquisition Regulation Supplement (NASA/FAR Supplement) at 48 
CFR 1809.4. Likewise, in making, guaranteeing, insuring, acquiring, or 
participating in loans, NASA will give serious consideration to 
suspending or disqualifying any lender, contractor, broker, borrower, or 
other debtor from doing further business with it or engaging in programs 
sponsored by it if such a debtor fails to pay its debts to the 
Government within a reasonable time. The failure of any surety to honor 
its obligations in accordance with 31 U.S.C. 9305 must be reported to 
the Treasury Department at once. Notification that a surety's 
certificate of authority to do business with the Federal Government has 
been revoked or forfeited by the Treasury Department will be forwarded 
by that Department to all interested agencies.
    (b) If NASA is holding security or collateral which may be 
liquidated and the proceeds applied on debts due it through the exercise 
of a power of sale in the security instrument or a nonjudicial 
foreclosure, it should do so by such procedures if the debtor fails to 
pay the debt within a reasonable time after demand, unless the cost of 
disposing of the collateral will be disproportionate to its value or 
special circumstances require judicial foreclosure. NASA will provide 
the debtor with reasonable notice of the sale, an accounting of any 
surplus proceeds, and any other procedures required by applicable 
contract or law. Collection from other sources, including liquidation of 
security or collateral, is not a prerequisite to requiring payment by a 
surety or insurance concern unless such action is expressly required by 
statute or contract.



Sec. 1261.411  Collection in installments.

    (a) Whenever feasible, and except as otherwise provided by law, 
debts owed

[[Page 215]]

to the United States, together with interest penalties, and 
administrative costs as required by Sec. 1261.412, should be collected 
in full in one lump sum. This is true whether the debt is being 
collected by administrative offset or by another method, including 
voluntary payment. However, if the debtor is financially unable to pay 
the indebtedness in one lump sum, payment may be accepted in regular 
installments. Debtors who represent that they are unable to pay the debt 
in one lump sum must submit financial statements. If NASA agrees to 
accept payment in regular installments, it will obtain a legally 
enforceable written agreement from the debtor which specifies all of the 
terms of the arrangement and which contains a provision accelerating the 
debt in the event the debtor defaults. The size and frequency of 
installment payments should bear a reasonable relation to the size of 
the debt and the debtor's ability to pay. If possible, the installment 
payments should be sufficient in size and frequency to liquidate the 
Government's claim in not more than 3 years. Installment payments of 
less than $50 per month should be accepted only if justifiable on the 
grounds of financial hardship or for some other reasonable cause. If the 
claim is unsecured, an executed confess-judgment note, comparable to the 
Department of Justice Form USA-70a, should be obtained from a debtor 
when the total amount of the deferred installments will exceed $750. 
Such notes may be sought when an unsecured obligation of a lesser amount 
is involved. When attempting to obtain confess-judgment notes, the 
debtor should be provided with written explanation of the consequences 
of signing the note, and documentation should be maintained sufficient 
to demonstrate that the debtor has signed the note knowingly and 
voluntarily. Security for deferred payments other than a confess-
judgment note may be accepted in appropriate cases. NASA, at its option, 
may accept installment payments notwithstanding the refusal of a debtor 
to execute a confess-judgment note or to give other security.
    (b) If the debtor owes more than one debt and designates how a 
voluntary installment payment is to be applied as among those debts, 
that designation must be followed. If the debtor does not designate the 
application of the payment, agencies should apply payments to the 
various debts in accordance with the best interests of the United 
States, as determined by the facts and circumstances of the particular 
case, paying special attention to applicable statutes of limitations.



Sec. 1261.412  Interest, penalties, and administrative costs.

    (a) Pursuant to 31 U.S.C. 3717, NASA shall assess interest, 
penalties, and administrative costs on debts owed to the United States. 
Before assessing these charges, NASA must mail or hand deliver a written 
notice to the debtor explaining the requirements concerning the charges 
(see Sec. 1261.407(b)).
    (b) Interest shall accrue from the date on which notice of the debt 
and the interest requirements is first mailed or hand delivered to the 
debtor (on or after October 25, 1982), using the most current address 
that is available to the agency. If an ``advance billing'' procedure is 
used--that is, a bill is mailed before the debt is actually owed--it can 
include the required interest notification in the advance billing, but 
interest may not start to accrue before the debt is actually owed. 
Designated officials should exercise care to ensure that the notices 
required by this section are dated and mailed or hand delivered on the 
same day.
    (c) The rate of interest assessed shall be the rate of the current 
value of funds to the United States Treasury (i.e., the Treasury tax and 
loan account rate), as prescribed and published by the Secretary of the 
Treasury in the Federal Register and the Treasury Fiscal Requirements 
Manual Bulletins annually or quarterly, in accordance with 31 U.S.C. 
3717. NASA may assess a higher rate of interest if it reasonably 
determines that a higher rate is necessary to protect the interests of 
the United States. The rate of interest, as initially assessed, shall 
remain fixed for the duration of the indebtedness, except that where a 
debtor has defaulted on a repayment agreement and seeks to enter into a 
new agreement, NASA may set a new interest rate

[[Page 216]]

which reflects the current value of funds to the Treasury Department at 
the time the new agreement is executed. Interest should not be assessed 
on interest, penalties, or administrative costs required by this 
section. However, if the debtor defaults on a previous repayment 
agreement, charges which accrued but were not collected under the 
defaulted agreement shall be added to the principal to be paid under a 
new repayment agreement.
    (d) NASA shall assess against a debtor charges to cover 
administrative costs incurred as a result of a delinquent debt--that is, 
the additional costs incurred in processing and handling the debt 
because it became delinquent as defined in Sec. 1261.401(b). 
Calculations of administrative costs should be based upon actual costs 
incurred or upon cost analyses establishing an average of actual 
additional costs incurred by the agency in processing and handling 
claims against other debtors in similar stages of delinquency. 
Administrative costs may include costs incurred in obtaining a credit 
report or in using a private debt collector, to the extent they are 
attributable to delinquency.
    (e) NASA shall assess a penalty charge, not to exceed 6 percent a 
year, on any portion of a debt that is delinquent as defined in 
Sec. 1261.401(b) for more than 90 days. This charge need not be 
calculated until the 91st day of delinquency, but shall accrue from the 
date that the debt became delinquent.
    (f) When a debt is paid in partial or installment payments, amounts 
received by the agency shall be applied first to outstanding penalty and 
administrative cost charges, second to accrued interest, and third to 
outstanding principal.
    (g) NASA must waive the collection of interest on the debt or any 
portion of the debt which is paid within 30 days after the date on which 
interest began to accrue. NASA may extend this 30-day period, on a case-
by-case basis, if it reasonably determines that such action is 
appropriate. Also, NASA may waive, in whole or in part, the collection 
of interest, penalties, and/or administrative costs (assessed under this 
section) under the criteria specified in Sec. 1261.414 relating to the 
compromise of claims (without regard to the amount of the debt), or if 
NASA determines that collection of these charges would be against equity 
and good conscience or not in the best interests of the United States. 
See 4 CFR 101.13(g). Such optional waivers should be handled on a case-
by-case basis, in consultation with officials designated under 
Sec. 1261.403. Examples of situations in which NASA may consider waiving 
interest and other related charges are:
    (1) Pending consideration of a request for reconsideration or 
administrative review;
    (2) Acceptance of an installment plan or other compromise agreement, 
where there is no indication of lack of good faith on the part of the 
debtor in not repaying the debt, and the debtor has provided 
substantiating information of inability to pay or other unavoidable 
hardship which reasonably prevented the debt from being repaid.
    (h) Where a mandatory waiver or review statute applies, interest and 
related charges may not be assessed for those periods during which 
collection action must be suspended under Sec. 1261.416(c)(3).
    (i) Exemptions. (1) The provisions of 31 U.S.C. 3717 do not apply:
    (i) To debts owed by any State or local government;
    (ii) To debts arising under contracts which were executed prior to, 
and were in effect on (i.e., were not completed as of) October 25, 1982;
    (iii) To debts where an applicable statute, regulation required by 
statute, loan agreement, or contract either prohibits such charges or 
explicitly fixes the charges that apply to the debts involved; or
    (iv) Debts arising under the Social Security Act, the Internal 
Revenue Code of 1954, or the tariff laws of the United States.
    (2) NASA may, however, assess interest and related charges on debts 
which are not subject to 31 U.S.C. 3717 to the extent authorized under 
the common law or other applicable statutory authority.

[[Page 217]]



Sec. 1261.413  Analysis of costs; automation; prevention of overpayments,
delinquencies, or defaults.

    The Office of the NASA Comptroller will:
    (a) Issue internal procedures to provide for periodic comparison of 
costs incurred and amounts collected. Data on costs and corresponding 
recovery rates for debts of different types and in various dollar ranges 
should be used to compare the cost effectiveness of alternative 
collection techniques, establish guidelines with respect to points at 
which costs of further collection efforts are likely to exceed 
recoveries, and assist in evaluating offers in compromise.
    (b) Consider the need, feasibility, and cost effectiveness of 
automated debt collection operation.
    (c) Establish internal controls to identify causes, if any, of 
overpayments, delinquencies, and defaults, and establish procedures for 
corrective actions as needs dictate.



Sec. 1261.414  Compromise of claims.

    (a) Designated NASA officials (see Secs. 1261.402 and 1261.403) may 
compromise claims for money or property arising out of the activities of 
the agency where the claim, exclusive of interest, penalties, and 
administrative costs, does not exceed $20,000, prior to the referral of 
such claims to the General Accounting Office, or to the Department of 
Justice for litigation. The Comptroller General may exercise such 
compromise authority with respect to claims referred to the General 
Accounting Office (GAO) prior to their further referral for litigation. 
Only the Comptroller General may effect the compromise of a claim that 
arises out of an exception made by the GAO in the account of an 
accountable officer, including a claim against the payee, prior to its 
referral by the GAO for litigation.
    (b) When the claim, exclusive of interest, penalties, and 
administrative costs, exceeds $20,000, the authority to accept the 
compromise rests solely with the Department of Justice. NASA should 
evaluate the offer, using the factors set forth in paragraphs (c) 
through (f) of this section, and may recommend compromise for reasons 
under one, or more than one, of those paragraphs. If NASA then wishes to 
accept the compromise, it must refer the matter to the Department of 
Justice, using the Claims Collection Litigation Report. See 
Sec. 1261.417(e) or 4 CFR 105.2(b). Claims for which the gross amount is 
over $200,000 shall be referred to the Commercial Litigation Branch, 
Civil Division, Department of Justice, Washington, DC 20530. Claims for 
which the gross original amount is $200,000 or less shall be referred to 
the United States Attorney in whose judicial district the debtor can be 
found. The referral should specify the reasons for the agency's 
recommendation. If NASA has a debtor's firm written offer of compromise 
which is substantial in amount and the agency is uncertain as to whether 
the offer should be accepted, it may refer the offer, the supporting 
data, and particulars concerning the claim to the General Accounting 
Office or to the Department of Justice. The General Accounting Office or 
the Department of Justice may act upon such an offer or return it to the 
agency with instructions or advice. If NASA wishes to reject the 
compromise, GAO or Department of Justice approval is not required.
    (c) A claim may be compromised pursuant to this section if NASA 
cannot collect the full amount because of the debtor's inability to pay 
the full amount within a reasonable time, or the refusal of the debtor 
to pay the claim in full and the Government's inability to enforce 
collection in full within a reasonable time by enforced collection 
proceedings. In determining the debtor's inability or refusal to pay, 
the following factors, among others, may be considered:
    (1) Age and health of the debtor;
    (2) Present and potential income;
    (3) Inheritance prospects;
    (4) The possibility that assets have been concealed or improperly 
transferred by the debtor;
    (5) The availability of assets or income which may be realized by 
enforced collection proceedings; and
    (6) The applicable exemptions available to the debtor under State 
and Federal law in determining the Government's ability to enforce 
collection.

[[Page 218]]

Uncertainty as to the price which collateral or other property will 
bring at forced sale may properly be considered in determining the 
Government's ability to enforce collection. The compromise should be for 
an amount which bears a reasonable relation to the amount which can be 
recovered by enforced collection procedures, having regard for the 
exemptions available to the debtor and the time which collection will 
take.
    (d) A claim may be compromised if there is a real doubt concerning 
the Government's ability to prove its case in court for the full amount 
claimed, either because of the legal issues involved or a bona fide 
dispute as to the facts. The amount accepted in compromise in such cases 
should fairly reflect the probability of prevailing on the legal 
question involved, the probabilities with respect to full or partial 
recovery of a judgment, paying due regard to the availability of 
witnesses and other evidentiary support for the Government claim, and 
related pragmatic considerations. In determining the litigative risks 
involved, proportionate weight should be given to the probable amount of 
court costs and attorney fees pursuant to the Equal Access to Justice 
Act which may be assessed against the Government if it is unsuccessful 
in litigation. See 28 U.S.C. 2412.
    (e) A claim may be compromised if the cost of collecting the claim 
does not justify the enforced collection of the full amount. The amount 
accepted in compromise in such cases may reflect an appropriate discount 
for the administrative and litigative costs of collection, paying heed 
to the time which it will take to effect collection. Costs of collecting 
may be a substantial factor in the settlement of small claims, but 
normally will not carry great weight in the settlement of large claims. 
In determining whether the cost of collecting justifies enforced 
collection of the full amount, it is legitimate to consider the positive 
effect that enforced collection of some claims may have on the 
collection of other claims. Since debtors are more likely to pay when 
first requested to do so if an agency has a policy of vigorous 
collection of all claims, the fact that the cost of collection of any 
one claim may exceed the amount of the claim does not necessarily mean 
that the claim should be compromised. The practical benefits of vigorous 
collection of a small claim may include a demonstration to other debtors 
that resistance to payment is not likely to succeed.
    (f) Enforcement policy. Statutory penalties, forfeitures, or debts 
established as an aid to enforcement and to compel compliance may be 
compromised pursuant to this part if the agency's enforcement policy in 
terms of deterrence and securing compliance, both present and future, 
will be adequately served by acceptance of the sum to be agreed upon. 
Mere accidental or technical violations may be dealt with less severely 
than willful and substantial violations.
    (g) Compromises payable in installments are to be discouraged. 
However, if payment of a compromise by installments is necessary, a 
legally enforceable agreement for the reinstatement of the prior 
indebtedness less sums paid thereon and acceleration of the balance due 
upon default in the payment of any installment should be obtained, 
together with security in the manner set forth in Sec. 1261.411, in 
every case in which this is possible.
    (h) If the agency's files do not contain reasonably up-to-date 
credit information as a basis for assessing a compromise proposal, such 
information may be obtained from the individual debtor by obtaining a 
statement executed under penalty of perjury showing the debtor's assets 
and liabilities, income, and expenses. Forms such as Department of 
Justice Form OBD-500 or OBD-500B may be used for this purpose. Similar 
data may be obtained from corporate debtors using a form such as 
Department of Justice Form OBD-500C or by resort to balance sheets and 
such additional data as seems required. Samples of the Department of 
Justice forms are available from the Office of the NASA General Counsel. 
Neither a percentage of a debtor's profits nor stock in a debtor 
corporation will be accepted in compromise of a claim. In negotiating a 
compromise with a business concern, consideration should be given to 
requiring a waiver of the tax-loss-carry-back rights of the debtor.

[[Page 219]]

    (i) Joint and several liability. When two or more debtors are 
jointly and severally liable, collection action will not be withheld 
against one such debtor until the other or others pay their 
proportionate shares. NASA will not attempt to allocate the burden of 
paying such claims as between the debtors but will proceed to liquidate 
the indebtedness as quickly as possible. Care should be taken that a 
compromise agreement with one such debtor does not release the agency's 
claim against the remaining debtors. The amount of a compromise with one 
such debtor shall not be considered a precedent or as morally binding in 
determining the amount which will be required from other debtors jointly 
and severally liable on the claim.



Sec. 1261.415  Execution of releases.

    Upon receipt of full payment of a claim, or the amount in compromise 
of a claim as determined pursuant to Sec. 1261.414, the official 
designated in Sec. 1261.402 will prepare and execute, on behalf of the 
United States, an appropriate release, which shall include the provision 
that it shall be void if procured by fraud, misrepresentation, the 
presentation of a false claim, or mutual mistake of fact.



Sec. 1261.416  Suspending or terminating collection action.

    (a) The standards set forth in this section apply to the suspension 
or termination of collection action pursuant to 31 U.S.C. 3711(a)(3) on 
claims which do not exceed $20,000, exclusive of interest, penalties, 
and administrative costs, after deducting the amount of partial payments 
or collections, if any. NASA may suspend or terminate collection action 
under this part with respect to claims for money or property arising out 
of activities of the agency, prior to the referral of such claims to the 
General Accounting Office or to the Department of Justice for 
litigation. The Comptroller General (or designee) may exercise such 
authority with respect to claims referred to the General Accounting 
Office prior to their further referral for litigation.
    (b) If, after deducting the amount of partial payments or 
collections, if any, a claim exceeds $20,000, exclusive of interest, 
penalties, and administrative costs, the authority to suspend or 
terminate rests solely with the Department of Justice. If the designated 
official believes suspension or termination may be appropriate, the 
matter should be evaluated using the factors set forth in paragraphs (c) 
and (d) of this section. If the agency concludes that suspension or 
termination is appropriate, it must refer the matter, with its reasons 
for the recommendation, to the Department of Justice, using the Claims 
Collection Litigation Report. See Sec. 1261.417(e) or 4 CFR 105.2(b). If 
NASA decides not to suspend or terminate collection action on the claim, 
Department of Justice approval is not required; or if it determines that 
its claim is plainly erroneous or clearly without legal merit, it may 
terminate collection action regardless of the amount involved, without 
the need for Department of Justice concurrence.
    (c) Suspension of collection activity--(1) Inability to locate 
debtor. Collection action may be suspended temporarily on a claim when 
the debtor cannot be located after diligent effort and there is reason 
to believe that future collection action may be sufficiently productive 
to justify periodic review and action on the claim, with due 
consideration for the size and amount which may be realized thereon. The 
following sources may be of assistance in locating missing debtors: 
Telephone directories; city directories; postmasters; drivers' license 
records; automobile title and registration records; state and local 
government agencies; the Internal Revenue Service (see 4 CFR 102.18); 
other Federal agencies; employers, relatives, friends; credit agency 
skip locate reports, and credit bureaus. Suspension as to a particular 
debtor should not defer the early liquidation cf security for the debt. 
Every reasonable effort should be made to locate missing debtors 
sufficiently in advance of the bar of the applicable statute of 
limitations, such as 28 U.S.C. 2415, to permit the timely filing of suit 
if such action is warranted. If the missing debtor has signed a confess-
judgment note and is in default, referral of the note for the entry of 
judgment should not be delayed because of the debtor's missing status.

[[Page 220]]

    (2) Financial condition of debtor. Collection action may also be 
suspended temporarily on a claim when the debtor owns no substantial 
equity in realty or personal property and is unable to make payments on 
the Government's claim or effect a compromise at the time, but the 
debtor's future prospects justify retention of the claim for periodic 
review and action, and:
    (i) The applicable statute of limitations has been tolled or started 
running anew; or
    (ii) Future collection can be effected by offset, notwithstanding 
the statute of limitations, with due regard to the 10-year limitation 
prescribed by 31 U.S.C. 3716(c)(1); or
    (iii) The debtor agrees to pay interest on the amount of the debt on 
which collection action will be temporarily suspended, and such 
temporary suspension is likely to enhance the debtor's ability to fully 
pay the principle amount of the debt with interest at a later date.
    (3) Request for waiver or administrative review. If the statute 
under which waiver or administrative review is sought is ``mandatory,'' 
that is, if it prohibits the agency from collecting the debt prior to 
the agency's consideration of the request for waiver or review (see 
Califano v. Yamasaki, 422 U.S. 682 (1979)), then collection action must 
be suspended until either: The agency has considered the request for 
waiver/review; or the applicable time limit for making the waiver/review 
request, as prescribed in a written notice, has expired and the debtor, 
upon notice, has not made such a request. If the applicable waiver/
review statute is ``permissive,'' that is, if it does not require all 
requests for waiver/review to be considered, and if it does not prohibit 
collection action pending consideration of a waiver/request (for 
example, 5 U.S.C. 5584), collection action may be suspended pending 
agency action on a waiver/review request based upon appropriate 
consideration, on a case-by-case basis, as to whether:
    (i) There is a reasonable possibility that waiver will be granted or 
that the debt (in whole or in part) will be found not owing from the 
debtor;
    (ii) The Government's interests would be protected, if suspension 
were granted, by reasonable assurance that the debt could be recovered 
if the debtor does not prevail; and
    (iii) Collection of the debt will cause undue hardship.
    (4) If the applicable statutes and regulations would not authorize 
refund by the agency to the debtor of amounts collected prior to agency 
consideration of the debtor's waiver/review request (in the event the 
agency acts favorably on it), collection action should ordinarily be 
suspended, without regard to the factors specified for permissive 
waivers, unless it appears clear, based on the request and the 
surrounding circumstances, that the request is frivolous and was made 
primarily to delay collection. See 4 CFR 104.2.
    (d) Termination of collection activity. Collection activity may be 
terminated and NASA may close its file on the claim based on the 
following:
    (1) Inability to collect any substantial amount. Collection action 
may be terminated on a claim when it becomes clear that the Government 
cannot collect or enforce collection of any significant sum from the 
debtor, having due regard for the judicial remedies available to the 
Government, the debtor's future financial prospects, and the exemptions 
available to the debtor under State and Federal law. In determining the 
debtor's inability to pay, the following factors, among others, may be 
considered: Age and health of the debtor; present and potential income; 
inheritance prospects; the possibility that assets have been concealed 
or improperly transferred by the debtor; the availability of assets or 
income which may be realized by enforced collection proceedings.
    (2) Inability to locate debtor. Collection action may be terminated 
on a claim when the debtor cannot be located, and either:
    (i) There is no security remaining to be liquidated; or
    (ii) The applicable statute of limitations has run and the prospects 
of collecting by offset, notwithstanding the bar of the statute of 
limitations, are too remote to justify retention of the claim.
    (3) Cost will exceed recovery. Collection action may be terminated 
on a claim

[[Page 221]]

when it is likely that the cost of further collection action will exceed 
the amount recoverable thereby.
    (4) Claim legally without merit. Collection action should be 
terminated immediately on a claim whenever it is determined that the 
claim is legally without merit.
    (5) Claim cannot be substantiated by evidence. Collection action 
should be terminated when it is determined that the evidence necessary 
to prove the claim cannot be produced or the necessary witnesses are 
unavailable and efforts to reduce voluntary payment are unavailing.
    (e) Transfer of claim. When NASA has doubt as to whether collection 
action should be suspended or terminated on a claim, it may refer the 
claim to the General Accounting Office for advice. When a significant 
enforcement policy is involved in reducing a statutory penalty or 
forfeiture to judgment, or recovery of a judgment is a prerequisite to 
the imposition of administrative sanctions, such as the suspension or 
revocation of a license or the privilege of participating in a 
Government sponsored program, NASA may refer such a claim for litigation 
even though termination of collection activity might otherwise be given 
consideration under paragraphs (d)(1) and (2) of this section. Claims on 
which NASA holds a judgment by assignment or otherwise will be referred 
to the Department of Justice for further action if renewal of the 
judgment lien or enforced collection proceedings are justified under the 
criteria discussed in this section.



Sec. 1261.417  Referral to Department of Justice (DJ) or General
Accounting Office (GAO).

    (a) Prompt referral. Except as provided in paragraphs (b) and (c) of 
this section, claims on which aggressive collection action has been 
taken in accordance with Sec. 1261.406 and which cannot be compromised, 
or on which collection action cannot be suspended or terminated, in 
accordance with Secs. 1261.414 and 1261.416, shall be promptly referred 
to the Department of Justice for litigation.
    (1) Claims for which the gross original amount is over $200,000 
shall be referred to the Commercial Litigation Branch, Civil Division, 
Department of Justice, Washington, DC 20530.
    (2) Claims for which the gross original amount is $200,000 or less 
shall be referred to the United States Attorney in whose judicial 
district the debtor can be found. Referrals should be made as early as 
possible, consistent with aggressive agency collection action and the 
observance of the regulations contained in this subpart, and in any 
event, well within the period for bringing a timely suit against the 
debtor. Ordinarily, referrals should be made within l year of the 
agency's final determination of the fact and the amount of the debt.
    (3) Minimum amount. NASA is not to refer claims of less than $600, 
exclusive of interest, penalties, and administrative costs, for 
litigation unless:
    (i) Referral is important to a significant enforcement policy; or
    (ii) The debtor not only has the clear ability to pay the claim but 
the Government can effectively enforce payment, having due regard for 
the exemptions available to the debtor under State and Federal law and 
the judicial remedies available to the Government.
    (b) Claims arising from audit exceptions taken by the GAO to 
payments made by agencies must be referred to the GAO for review and 
approval prior to referral to the Department of Justice for litigation, 
unless NASA has been granted an exception by the GAO. Referrals shall 
comply with instructions, including monetary limitations, contained in 
the GAO Policy and Procedures Manual for Guidance to Federal Agencies 
and paragraphs (e) and (f) of this section.
    (c) When the merits of the claim, the amount owed on the claim, or 
the propriety of acceptance of a proposed compromise, suspension, or 
termination are in doubt, the designated official should refer the 
matter to the General Accounting Office for resolution and instructions 
prior to proceeding with collection action and/or referral to the 
Department of Justice for litigation.
    (d) Once a claim has been referred to GAO or to the Department of 
Justice pursuant to this section, NASA shall refrain from having any 
contact with the debtor about the pending claim and shall direct the 
debtor to GAO or to

[[Page 222]]

the DJ, as appropriate, when questions concerning the claim are raised 
by the debtor. GAO or the DJ, as appropriate, shall be immediately 
notified by NASA of any payments which are received from the debtor 
subsequent to referral of a claim under this section.
    (e) Claims Collection Litigation Report (CCLR). Unless an exception 
has been granted by the Department of Justice in consultation with the 
General Accounting Office, the Claims Collection Litigation Report 
(CCLR), which was officially implemented by NASA, effective March 1, 
1983, shall be used with all referrals of administratively uncollectible 
claims. As required by the CCLR, the following information must be 
included:
    (1) Report of prior collection actions. A checklist or brief summary 
of the actions previously taken to collect or compromise the claim. If 
any of the administrative collection actions have been omitted, the 
reason for their omission must be provided. GAO, the United States 
Attorney, or the Civil Division of the Department of Justice may return 
claims at their option when there is insufficient justification for the 
omission of one or more of the administrative collection actions 
enumerated in this subpart (see 4 CFR part 102).
    (2) Current address of debtor. The current address of the debtor, or 
the name and address of the agent for a corporation upon whom service 
may be made. Reasonable and appropriate steps will be taken to locate 
missing parties in all cases. Referrals to the Department of Justice for 
the commencement of foreclosure of other proceedings, in which the 
current address of any party is unknown, will be accompanied by a 
listing of the prior known addresses of such party and a statement of 
the steps taken to locate that party.
    (3) Credit data. Reasonably current credit data which indicates that 
there is a reasonable prospect of effecting enforced collection from the 
debtor, having due regard for the exemptions available to the debtor 
under State and Federal law and the judicial remedies available to the 
Government. Such credit data may take the form of:
    (i) A commercial credit report;
    (ii) An agency investigative report showing the debtor's assets, 
liabilities, income, and expenses;
    (iii) The individual debtor's own financial statement executed under 
penalty of perjury reflecting the debtor's assets, liabilities, income, 
and expenses; or
    (iv) An audited balance sheet of a corporate debtor.
    (4) Reasons for credit data omissions. The credit data may be 
omitted if:
    (i) A surety bond is available in an amount sufficient to satisfy 
the claim in full;
    (ii) The forced sale value of the security available for application 
to the Government's claim is sufficient to satisfy the claim in full;
    (iii) NASA wishes to liquidate loan collateral through judicial 
foreclosure but does not desire a deficiency judgment;
    (iv) The debtor is in bankruptcy or receivership;
    (v) The debtor's liability to the Government is fully covered by 
insurance, in which case NASA will furnish such information as it can 
develop concerning the identity and address of the insurer and the type 
and amount of insurance coverage; or
    (vi) The status of the debtor is such that credit data is not 
normally available or cannot reasonably be obtained, for example, a unit 
of State or local government.
    (f) Preservation of evidence. Care will be taken to preserve all 
files, records, and exhibits on claims referred or to be referred to the 
Department of Justice for litigation. Under no circumstances should 
original documents be sent to the Department of Justice or the United 
States Attorney without specific prior approval to do so. Copies of 
relevant documents should be sent whenever necessary.



             Subpart 1261.5_Administrative Offset of Claims

    Source: 52 FR 19487, May 26, 1987, unless otherwise noted.



Sec. 1261.500  Scope of subpart.

    (a) This subpart applies to collection of claims by administrative 
offset under section 5 of the Federal Claims

[[Page 223]]

Collection Act of 1966 as amended by the Debt Collection Act of 1982 (31 
U.S.C. 3716), other statutory authority, or the common law; it does not 
include ``Salary Offset,'' which is governed by subpart 1261.6, infra. 
Consistent with 4 CFR 102.3, collection by administrative offset will be 
undertaken by NASA on all liquidated or certain in amount claims in 
every instance in which such collection is determined to be feasible and 
not otherwise prohibited.
    (b) Whether collection by administrative offset is feasible is a 
determination to be made by NASA on a case-by-case basis, in the 
exercise of sound discretion. NASA will consider not only whether 
administrative offset can be accomplished, both practically and legally, 
but also whether offset is best suited to further and protect all of the 
Government's interests. In appropriate circumstances, NASA may give due 
consideration to the debtor's financial condition; or whether offset 
would tend to substantially interfere with or defeat the purposes of the 
program authorizing the payments against which offset is contemplated. 
For example, under a grant program in which payments are made in advance 
of the grantee's performance, offset will normally be inappropriate.
    (c) NASA is not authorized by 31 U.S.C. 3716 to use administrative 
offset with respect to:
    (1) Debts owed by any State or local Government;
    (2) Debts arising under or payments made under the Social Security 
Act, the Internal Revenue Code of 1954, or the tariff laws of the United 
States; or
    (3) Any case in which collection of the type of debt involved by 
administrative offset is explicitly provided for or prohibited by 
another statute. However, unless otherwise provided by contract or law, 
debts or payments which are not subject to administrative offset under 
31 U.S.C. 3716 may be collected by administrative offset under the 
common law or other applicable statutory authority.



Sec. 1261.501  Definition.

    Administrative offset--the term, as defined in 31 U.S.C. 3701(a)(1), 
means ``withholding money payable by the United States Government to, or 
held by the Government for, a person to satisfy a debt the person owes 
the Government.''



Sec. 1261.502  Notification procedures.

    (a) Before collecting any claims through administrative offset, a 
30-day written notice must be sent to the debtor by certified mail, 
return receipt requested. The notice must include:
    (1) The nature and amount of the debt;
    (2) NASA's intention to collect by administrative offset; and
    (3) An explanation of the debtor's rights under 31 U.S.C. 3716(a), 
or other relied upon statutory authority, which must include a statement 
that the debtor has the opportunity, within the 30-day notice period, 
to:
    (i) Inspect and copy records of NASA with respect to the debt;
    (ii) Request a review by NASA of its decision related to the claim; 
and
    (iii) Enter into a written agreement with the designated official 
(see Sec. 1261.402) to repay the amount of the claim. However, sound 
judgment should be exercised in determining whether to accept a 
repayment agreement in lieu of offset. The determination should balance 
the Government's interest in collecting the debt against fairness to the 
debtor. If the debt is delinquent and the debtor has not disputed its 
existence or amount, NASA should accept a repayment agreement in lieu of 
offset only if the debtor is able to establish that offset would result 
in undue financial hardship or would be against equity and good 
conscience.
    (b) NASA may effect administrative offset against a payment to be 
made to a debtor prior to the completion of the procedures required by 
paragraph (a) of this section if:
    (1) Failure to take the offset would substantially prejudice the 
Government's ability to collect the debt; and
    (2) The time before the payment is to be made does not reasonably 
permit the completion of those procedures. Such prior offset must be 
promptly followed by the completion of those procedures. Amounts 
recovered by offset but later found not to be owed to the Government 
shall be promptly refunded.

[[Page 224]]

    (3) In cases where the procedural requirements of paragraph (a) of 
this section had previously been provided to the debtor in connection 
with the same debt under some other statutory or regulatory authority, 
such as pursuant to a notice of audit disallowance or salary offset 
under Sec. 1261.603, the agency is not required to duplicate those 
requirements before taking administrative offset.



Sec. 1261.503  Agency records inspection; hearing or review.

    (a) NASA shall provide the debtor with a reasonable opportunity for 
an ``oral hearing'' when:
    (1) An applicable statute authorizes or requires the agency to 
consider waiver of the indebtedness involved, the debtor requests waiver 
of the indebtedness, and the waiver determination turns on an issue of 
credibility or veracity; or
    (2) The debtor requests reconsideration of the debt and the agency 
determines that the question of the indebtedness cannot be resolved by 
review of the documentary evidence, for example, when the validity of 
the debt turns on an issue of credibility or veracity. Unless otherwise 
required by law, an oral hearing under this section is not required to 
be a formal evidentiary-type hearing, although significant matters 
discussed at the hearing should be carefully documented. See 4 CFR 
102.3(c)(1). Such hearing may be an informal discussion/interview with 
the debtor, face-to-face meeting between debtor and cognizant NASA 
personnel, or written formal submission by the debtor and response by 
the NASA cognizant personnel with an opportunity for oral presentation. 
The hearing will be conducted before or in the presence of an official 
designated by the NASA General Counsel or designee on a case-by-case 
basis. The decision of the reviewing/hearing official should be 
communicated in writing (no particular form is required) to the affected 
parties, and will constitute the final administrative decision of the 
agency.
    (b) Paragraph (a) of this section does not require an oral hearing 
with respect to debt collection systems in which determinations of 
indebtedness or waiver rarely involve issues of credibility or veracity 
and NASA has determined that review of the written record is ordinarily 
an adequate means to correct prior mistakes. In administering such a 
system, the agency is not required to sift through all of the requests 
received in order to accord oral hearings in those few cases which may 
involve issues of credibility or veracity. See 4 CFR 102.3(c)(2).
    (c) In those cases where an oral hearing is not required or granted, 
NASA will nevertheless accord the debtor a ``paper hearing''--that is, 
the agency will make its determination on the request for waiver or 
reconsideration based upon a review of the available written record. See 
4 CFR 102.3(c)(3). In such case, the responsible official or designee 
shall refer the request to the appropriate NASA legal counsel for review 
and determination by counsel or designee.
    (d) A request to inspect and/or copy the debtor's own debt records 
or related files, and/or for a hearing or review accompanied by a 
statement of the basis or grounds for such hearing or review, must be 
submitted within 30 calendar days of the receipt of the written notice 
under Sec. 1261.502(a). A reasonable time to inspect and copy records 
will be provided during official working hours, but not to exceed 5 
business days, unless a verified statement showing good cause requires a 
longer period. Any suspension of collection or other charges during the 
period of the inspection, or hearing or review, shall comply with 
Secs. 1261.412 and 1261.416. Requests for or consideration of 
compromising the debt must comply with Sec. 1261.414.



Sec. 1261.504  Interagency requests.

    (a) Requests to NASA by other Federal agencies for administrative 
offset should be in writing and forwarded to the Office of the NASA 
Comptroller, NASA Headquarters, Washington, DC 20546.
    (b) Requests by NASA to other Federal agencies holding funds payable 
to the debtor should be in writing and forwarded, certified return 
receipt, as specified by that agency in its regulations; however, if 
such rule is not readily available or identifiable, the request should 
be submitted to that

[[Page 225]]

agency's office of legal counsel with a request that it be processed in 
accordance with their internal procedures.
    (c) Requests to and from NASA should be processed within 30 calendar 
days of receipt. If such processing is impractical or not feasible, 
notice to extend the time period for another 30 calendar days should be 
forwarded 10 calendar days prior to the expiration of the first 30-day 
period.
    (d) Requests from or to NASA must be accompanied by a certification 
that the debtor owes the debt (including the amount) and that the 
provisions of (or comparable to) subpart 1261.5 or subpart 1261.6, as 
applicable, have been fully complied with. NASA will cooperate with 
other agencies in effecting collection.



Sec. 1261.505  Multiple debts.

    When collecting multiple debts by administrative offset, NASA will 
apply the recovered amounts to those debts in accordance with the best 
interests of the United States, as determined by the facts and 
circumstances of the particular case, paying special attention to 
applicable statutes of limitations.



Sec. 1261.506  Limitation periods.

    NASA may not initiate administrative offset to collect a debt under 
31 U.S.C. 3716 more than 10 years after the Government's right to 
collect the debt first accrued, unless facts material to the 
Government's right to collect the debt were not known and could not 
reasonably have been known by the official or officials of the 
Government who were charged with the responsibility to discover and 
collect such debts. Determination of when the debt first accrued is to 
be made in accordance with existing law regarding the accrual of debts, 
such as under 28 U.S.C. 2415. See 4 CFR 102.3(b)(3).



Sec. 1261.507  Civil Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, NASA may request that moneys 
which are due and payable to a debtor from the Civil Service Retirement 
and Disability Fund be administratively offset in reasonable amounts in 
order to collect in one full payment or a minimal number of payments 
debts owed to the United States by the debtor. Such requests shall be 
made to the appropriate officials of the Office of Personnel Management 
(OPM) in accordance with the OPM regulations (see 5 CFR 831.1801, et 
seq.).
    (b) When making a request for administrative offset under paragraph 
(a) of this section, NASA shall include a written certification that:
    (1) The debtor owes the United States a debt, including the amount 
of the debt;
    (2) NASA has complied with the applicable statutes, regulations, and 
procedures of the Office of Personnel Management; and
    (3) NASA has complied with the requirements of this subpart 1261.5 
which implements 4 CFR 102.3, including any required hearing or review.
    (c) Once NASA has decided to request administrative offset under 
this section, the request should be made as soon as practical after 
completion of the applicable procedures in order that the Office of 
Personnel Management may identify and ``flag'' the debtor's account in 
anticipation of the time when the debtor requests or becomes eligible to 
receive payments from the Fund. This will satisfy any requirement that 
offset be initiated prior to expiration of the applicable statute of 
limitations. At such time as the debtor makes a claim for payments from 
the Fund, if at least a year has elapsed since the offset request was 
originally made, the debtor should be permitted to offer a satisfactory 
repayment plan in lieu of offset upon establishing that changed 
financial circumstances would render the offset unjust.
    (d) If NASA collects part or all of the debt by other means before 
deductions are made or completed pursuant to paragraph (a) of this 
section, the designated official should act promptly to modify or 
terminate the agency's request to OPM for offset.
    (e) OPM is not required or authorized by 4 CFR 102.4 to review the 
merits of NASA's determination with respect to:
    (1) The amount and validity of the debt;
    (2) Waiver under an applicable statute; or
    (3) Provide or not provide an oral hearing.

[[Page 226]]



Sec. 1261.508  Offset against a judgment.

    Collection by offset against a judgment obtained by a debtor against 
the United States shall be accomplished in accordance with 31 U.S.C. 
3728.



 Subpart 1261.6_Collection by Offset From Indebted Government Employees

    Source: 52 FR 19487, May 26, 1987, unless otherwise noted.



Sec. 1261.600  Purpose of subpart.

    This subpart implements 5 U.S.C. 5514 in accordance with the OPM 
regulation and establishes the procedural requirements for recovering 
pre-judgment debts from the current pay account of an employee through 
what is commonly called salary offset, including a situation where NASA 
(the current paying agency) is not the employee's creditor agency. 
Salary offset to satisfy a judgment or a court determined debt is 
governed by section 124 of Pub. L. 97-276 (October 2, 1982), 5 U.S.C. 
5514 note.



Sec. 1261.601  Scope of subpart.

    (a) Coverage. This subpart applies to agencies and employees as 
defined in Sec. 1261.602.
    (b) Applicability. This subpart and 5 U.S.C. 5514 apply in 
recovering certain prejudgment debts by administrative offset except 
where the employee consents to the recovery, from the current pay 
account of an employee. Because it is an administrative offset, debt 
collection procedures for salary offset which are not specified in 5 
U.S.C. 5514 and this subpart should be consistent with subpart 1261.5.
    (1) Excluded debts or claims. The procedures contained in this 
subpart do not apply to debts or claims arising under the Internal 
Revenue Code of 1954 as amended (26 U.S.C. 1 et seq.), the Social 
Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United 
States; or to any case where collection of a debt by salary offset is 
explicitly provided for or prohibited by another statute (e.g., travel 
advances in 5 U.S.C. 5705, employee training expenses in 5 U.S.C. 4108, 
and debts determined by a court as provided in 5 U.S.C. 5514 note).
    (2) Waiver requests and claims to the General Accounting Office. 
This subpart does not preclude an employee from requesting waiver of a 
salary overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 
716, or in any way questioning the amount or validity of a debt by 
submitting a subsequent claim to the General Accounting Office in 
accordance with procedures prescribed by the General Accounting Office. 
Similarly, in the case of other types of debts, it does not preclude an 
employee from requesting waiver, if waiver is available under any 
statutory provision pertaining to the particular debt being collected.



Sec. 1261.602  Definitions.

    For purposes of this subpart:
    (a) Agency means:
    (1) An Executive agency as defined in section 105 of title 5, United 
States Code, including U.S. Postal Service and the U.S. Postal Rate 
Commission;
    (2) A military department as defined in section 102 of Title 5, 
United States Code;
    (3) An agency or court in the judicial branch, including a court as 
defined in section 610 of Title 28, United States Code, the District 
Court for the Northern Mariana Islands, and the Judicial Panel on 
Multidistrict Litigation;
    (4) An agency of the legislative branch, including the U.S. Senate 
and the U.S. House of Representatives; and
    (5) Other independent establishments that are entities of the 
Federal Government.
    (b) Creditor agency means the agency to which the debt is owed.
    (c) Debt means an amount owed to the United States from sources 
which include loans insured or guaranteed by the United States and all 
other amounts due the United States from fees, leases, rents, royalties, 
services, sales of real or personal property, overpayments, penalties, 
damages, interest, fines and forfeitures (except those arising under the 
Uniform Code of Military Justice), and all other similar sources.
    (d) Disposable pay means that part of current basic pay, special 
pay, incentive pay, retired pay, retainer pay, or in the case of an 
employee not entitled to basic pay, other authorized pay remaining after 
the deduction of any

[[Page 227]]

amount required by law to be withheld. NASA must exclude deductions 
listed in OPM's garnishment regulations at 5 CFR 581.105 (b) through (f) 
to determine disposable pay subject to salary offset.
    (e) Employee means a current employee of an agency, including a 
current member of the Armed Forces or a Reserve of the Armed Forces 
(Reserves).
    (f) Paying agency means the agency employing the individual and 
authorizing the payment of his or her current pay.
    (g) Salary offset means an administrative offset to collect a debt 
under 5 U.S.C. 5514 by deduction(s) at one or more officially 
established pay intervals from the current pay account of an employee 
without his or her consent.
    (h) Waiver means the cancellation, remission, forgiveness, or 
nonrecovery of a debt allegedly owed by an employee to an agency as 
permitted or required by 5 U.S.C. 8346(b), or any other law.



Sec. 1261.603  Procedures for salary offset.

    If NASA is both the paying and creditor agency, the following 
requirements must be met before a deduction is made from the current pay 
account of an employee.
    (a) Written notice. The employee must be sent a minimum of 30 days 
written notice, which specifies:
    (1) The origin, nature and amount of the indebtedness, and the 
official to contact within the agency (ordinarily, the designated 
financial management official for the particular installation);
    (2) The intention of the agency to initiate collection of the debt 
through salary offset by deductions from the employee's current 
disposable pay, stating the amount, frequency, proposed beginning date, 
and duration of intended deductions (the amount to be deducted for any 
period, without the consent of the employee, may not exceed 15 percent 
of disposable pay);
    (3) An explanation of any interest, penalties, or administrative 
costs included in the amount, and that such assessment must be made 
unless excused in accordance with 14 CFR 1261.412;
    (4) The right for an opportunity (which does not toll the running of 
the 30-day period) to inspect and copy NASA records relating to the debt 
or to request and receive (if reasonable) a copy of such records, 
provided that such opportunity must be exercised on or before the 15th 
day following receipt of the notice and can be conducted only during 
official working hours for a reasonable period of time not to exceed 5 
working days;
    (5) If not previously provided, the opportunity (under terms 
agreeable to NASA) to establish a schedule for the voluntary repayment 
of the debt or to enter into a written agreement to establish a schedule 
for repayment of the debt in lieu of offset. The agreement must be in 
writing, signed by both the employee and the authorized agency official 
(see 14 CFR 1261.402) and documented in NASA's files (see 14 CFR 
1261.407(d));
    (6) An opportunity for a hearing, as provided in paragraph (c) of 
this section, on the agency's determination concerning the existence and 
amount of the debt, and the terms of the repayment schedule (in the case 
of an employee whose repayment schedule is established other than by 
written agreement);
    (7) The hearing request should be addressed to the Office of the 
NASA General Counsel or to the Office of Chief Counsel of the NASA 
installation involved, as appropriate; counsel's name and address will 
be as stated in the notice.
    (8) Any other rights and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made; and
    (9) Unless there are applicable contractual or statutory provisions 
to the contrary, that amounts paid on or deducted for the debt which are 
later waived or found not owed to the United States will be promptly 
refunded to the employee.
    (b) Exception to entitlement to written notice. NASA is not required 
to comply with paragraph (a) of this section for any adjustment to pay 
arising out of an employee's election of coverage or a change in 
coverage under a Federal

[[Page 228]]

benefits program requiring periodic deductions from pay, if the amount 
to be recovered was accumulated over four pay periods or less.
    (c) Petition filing; hearing; decision and review. The notice 
described in paragraph (a) of this section should include the following 
provisions, which may be copied and attached to the notice.
    (1) The employee may petition for a hearing, but such petition must 
be in writing and received by NASA on or before the 15th day following 
receipt of the notice, and include a statement of the reasons for such 
hearing. No particular form is required, and a timely, legible letter 
request (with the stated reasons) will suffice; however, the employee 
must sign the petition and include with it, with reasonable specificity, 
all the supporting facts and evidence, including a list of the 
witnesses, if any.
    (2) The petition should be addressed to the agency counsel 
designated in the notice, but the hearing will be conducted by an 
official not under the supervision or control of the NASA Administrator 
or by appointment of an administrative law judge. Notice of the name and 
address of the hearing official will be sent to the employee within 10 
days of receipt of petition. A hearing official will be designated on a 
case-by-case basis under reimbursable arrangements or through direct 
payment as events may warrant.
    (3) The timely filing of the petition will stay the commencement of 
collection; and the final decision on the hearing will be issued at the 
earliest practicable date, but not later than 60 days after the filing 
of the petition requesting the hearing unless the employee requests and 
the hearing official grants a delay in the proceedings.
    (4) Any knowingly false or frivolous statements, representations, or 
evidence may subject the employee to:
    (i) Disciplinary procedures appropriate under Chapter 75 of Title 5, 
United States Code, 5 CFR part 752, or any other applicable statutes or 
regulations;
    (ii) Penalties under the False Claims Act, sections 3729 through 
3731 of Title 31, United States Code, or any other applicable statutory 
authority; or
    (iii) Criminal penalties under sections 286, 287, 1001, and 1002 of 
Title 18, United States Code, or any other applicable statutory 
authority.
    (5) The form and content of the hearing will be determined by the 
hearing official depending on the nature and complexity of the 
transaction giving rise to the debt. The hearing is not an adversarial 
adjudication, and need not take the form of an evidentiary hearing. 
However, depending on the particular facts and circumstances, the 
hearing may be analogous to a fact- finding proceeding with oral 
presentations; or an informal meeting with or interview of the employee; 
or formal written submissions, with an opportunity for oral 
presentation, and decision based on the available written record. 
Ordinarily, hearings may consist of informal conferences before the 
hearing official in which the employee and agency officials will be 
given full opportunity to present evidence, witnesses, and argument. The 
employee may represent himself or herself or be represented by an 
individual of his or her choice. The hearing official must maintain a 
summary record of the hearing provided under this subpart. For 
additional guidance, see 14 CFR 1261.503.
    (6) The decision will be in writing and state:
    (i) The facts purported to evidence the nature and origin of the 
alleged debt;
    (ii) The respective positions of the agency and of the employee;
    (iii) The hearing official's analysis (which address the employee's/
agency's grounds, the amount and validity of the alleged debt, and, 
where applicable, the repayment schedule); and
    (iv) The hearing official's findings and conclusions.
    (7) The hearing official will notify the employee, the NASA 
Comptroller or designee, and the designated agency counsel of the 
decision.
    (8) The decision of the hearing official shall constitute the Final 
Administrative Decision of the agency.
    (d) Petition after time expiration. No petition for a hearing is to 
be granted if made after the 15-day period prescribed in paragraph 
(c)(1) of this section, unless the employee can show to

[[Page 229]]

the satisfaction of the agency official indicated on the notice that the 
delay was caused by circumstances beyond his or her control (for 
example, proven incapacity, illness, or hospitalization), or that the 
agency did not give notice of the time limit and the employee was 
otherwise unaware of such limit.
    (e) Limitation on amount and duration of deductions. Ordinarily, 
debts must be collected in one lump-sum payment. However, if the 
employee is financially unable to pay in one lump sum or if the amount 
of the debt exceeds 15 percent of disposable pay for an officially 
established pay interval, collection must be made in installments. The 
size of installment deductions must bear a reasonable relationship to 
the size of the debt and the employee's ability to pay (see 14 CFR 
1261.411), but the amount deducted for any period must not exceed 15 
percent of the disposable pay from which the deduction is made (unless 
the employee has agreed in writing to the deduction of a greater 
amount). Deduction must commence with the next full pay interval 
(ordinarily, the next biweekly pay period). Such installment deductions 
must be made over a period not greater than the anticipated period of 
active duty or employment, as the case may be, except as provided in 
paragraph (f) of this section.
    (f) Determining ability to pay. An offset may produce an extreme 
financial hardship for an employee if it prevents the employee from 
meeting costs necessarily incurred for essential subsistence expenses 
for food, reasonable housing, clothing, transportation, and medical 
care. In determining whether an offset would prevent the employee from 
meeting the essential subsistence expenses, the employee may be required 
to show income from all sources (including spouse and dependents, if 
applicable), list all known assets, explain exceptional expenses, and 
produce any other relevant factors.
    (g) Liquidation from final check; other recovery. If the employee 
retires or resigns from Federal service, or if his or her employment or 
period of active duty ends before collection of the debt is completed, 
the balance may be deducted from the final salary payment and any 
remaining balance from the lump-sum leave, if applicable. If the debt is 
not fully paid by offset from any final payment due the former employee 
as of the date of separation, offset may be made from later payments of 
any kind due the former employee from the United States (as provided in 
14 CFR part 1261 subpart 1261.5, including offset from the Civil Service 
Retirement and Disability Fund under 14 CFR 1261.507).
    (h) Interest, penalties, and administrative costs. Assessment of 
interest, penalties, and administrative costs, on debts being collected 
under this subpart, shall be in accordance with 14 CFR 1261.412 which 
implements 4 CFR 102.13.



Sec. 1261.604  Nonwaiver of rights by involuntary setoff.

    The employee's involuntary payment of all or any portion of the 
debt, being collected under this subpart, must not be construed as a 
waiver of any rights which the employee may have under an existing 
written contract applicable to the specific debt or under any other 
pertinent statutory authority for the collection of claims of the United 
States or the agency.



Sec. 1261.605  Refunds.

    (a) NASA will promptly refund to the employee amounts paid or 
deducted under this subpart when:
    (1) A debt is waived or otherwise found not owing the United States 
(unless expressly prohibited by statute or regulation); or
    (2) The employee's paying agency is directed by an administrative or 
judicial order to refund amounts deducted from his or her current pay.
    (b) Refunds are not to bear any interest unless the law applicable 
to that particular debt specifically requires or permits a stated 
interest amount on refunds.



Sec. 1261.606  Salary offset request by a creditor agency other than
NASA (the current paying agency).

    (a) Format of the request. Upon completion of the procedures 
established by the creditor agency under 5 U.S.C. 5514, the creditor 
agency must:
    (1) Certify, in writing, that the employee owes the debt, the amount 
and

[[Page 230]]

basis of the debt, the date on which payment(s) is/are due, the date the 
Government's right to collect the debt first accrued, and that the 
creditor agency's regulations implementing 5 U.S.C. 5514 have been 
approved by OPM;
    (2) If the collection must be made in installments, the creditor 
agency must also advise NASA of the number of installments to be 
collected, the amount of each installment, and the commencing date of 
the first installment, if a date other than the next officially 
established pay period is required; and
    (3) Unless the employee has consented to the salary offset in 
writing or signed a statement acknowledging receipt of the required 
procedures and the writing or statement is attached to the debt claim 
request, the creditor agency must also indicate the action(s) taken 
under 5 U.S.C. 5514(a)(2) and give the date(s) the action(s) was/were 
taken.
    (b) Limitation period. The creditor agency may not initiate offset 
to collect a debt more than 10 years after the Government's right to 
collect the debt first accrued, except as provided in 14 CFR 1261.506, 
which implements 4 CFR 102.3(b)(3).
    (c) Employees who are separating or have separated--(1) Employees 
who are in the process of separating. If the employee is in the process 
of separating, the creditor agency must submit its debt claim to the 
employee's paying agency for collection as provided in 5 CFR 550.1104(1) 
of the OPM regulations (14 CFR 1261.603(f)) for ``liquidation from final 
check.'' NASA must then certify the total amount of its collection and 
notify the creditor agency and the employee as provided in paragraph 
(c)(3) of this section. If NASA is aware that the employee is entitled 
to payments from the Civil Service Retirement and Disability Fund, or 
other similar payments, it should notify the creditor agency and forward 
the copy of the debt claim and certification to the agency responsible 
for making such payments as notice that a debt is outstanding. However, 
the creditor agency, not NASA, must submit a properly certified claim to 
the agency responsible for making such payments before collection can be 
made.
    (2) Employees who have already separated. If the employee is already 
separated and all payments due from NASA have been paid, NASA must 
return the claim to the creditor agency for any further collection, 
indicating the employee's date of separation and the current employment 
and mailing address(es), if known.
    (3) Employee who transfers from NASA to another Federal agency.
    (i) Certification of amount collected. If, after the creditor agency 
has submitted the debt claim to NASA, the employee transfers to another 
Federal agency before the debt is collected in full, NASA must then 
certify the total amount of the collection made on the debt. A copy of 
the certification should be furnished the employee, and another copy 
furnished to the creditor agency along with notice of the employee's 
transfer.
    (ii) Official personnel folder insertion; new paying agency. 
Information on the debt claim must be inserted in the employee's 
official personnel folder along with a copy of the certification of the 
amount which has been collected. Upon receiving the official personnel 
folder, the new paying agency must resume the collection from the 
employee's current pay account and notify the employee and the creditor 
agency of the resumption. It will not be necessary for the creditor 
agency to repeat the due process procedures described by 5 U.S.C. 5514 
of this subpart in order to resume the collection. However, it will be 
the responsibility of the creditor agency to review the debt upon 
receiving NASA's notice of the employee's transfer to make sure the 
collection is resumed by the new paying agency.
    (d) Processing the debt claim upon receipt--(1) Incomplete claim. If 
NASA receives incomplete debt claim information, it must return the 
request with a notice that procedures under 5 U.S.C. 5514 and this 
subpart must be provided and complete debt claim information received 
before action will be taken to collect from the employee's current pay 
account.
    (2) Complete claim. If NASA receives a properly documented debt 
claim, deductions should be scheduled to begin prospectively at the next 
officially established pay interval. A copy of the

[[Page 231]]

debt claim request must be given to the debtor, along with notice of the 
date deductions will commence if different from that stated on the debt 
claim request.
    (3) NASA is not required or authorized to review the merits of the 
creditor agency's determination with respect to the amount or validity 
of the debt as stated in the debt claim request.



Sec. 1261.607  Obtaining the services of a hearing official.

    (a) When the debtor does not work for the creditor agency and the 
creditor agency cannot provide a prompt and appropriate hearing before 
an administrative law judge or before a hearing official furnished 
pursuant to another lawful arrangement, the creditor agency may contact 
an agent of the paying agency designated in appendix A of 5 CFR part 581 
to arrange for a hearing official, and the paying agency must then 
cooperate as provided by 4 CFR 102.1 and provide a hearing official.
    (b) When the debtor works for the creditor agency, the creditor 
agency may contact any agent (of another agency) designated in appendix 
A of 5 CFR part 581 to arrange for a hearing official. Agencies must 
then cooperate as required by 4 CFR 102.1 and provide a hearing 
official.



PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
--Table of Contents



                    Subpart 1262.1_General Provisions

Sec.
1262.101  Purpose of these rules.
1262.102  When the Act applies.
1262.103  Proceedings covered.
1262.104  Eligibility of applicants.
1262.105  Standards for awards.
1262.106  Allowable fees and expenses.
1262.107  Rulemaking on maximum rates for attorney fees.
1262.108  Awards against other agencies.
1262.109  Delegations of authority.

           Subpart 1262.2_Information Required From Applicants

1262.201  Contents of application.
1262.202  Net worth exhibit.
1262.203  Documentation of fees and expenses.
1262.204  When an application may be filed.

         Subpart 1262.3_Procedures for Considering Applications

1262.301  Filing and service of documents.
1262.302  Answer to application.
1262.303  Reply.
1262.304  Comments by other parties.
1262.305  Settlement.
1262.306  Further proceedings.
1262.307  Decision.
1262.308  Agency review.
1262.309  Judicial review.
1262.310  Payment of award.

    Authority: 5 U.S.C. 504; 51 U.S.C. 20113(a).

    Source: 51 FR 15311, Apr. 23, 1986, unless otherwise noted.



                    Subpart 1262.1_General Provisions



Sec. 1262.101  Purpose of these rules.

    (a) The pertinent provisions of the Equal Access to Justice Act at 5 
U.S.C. 504 (hereinafter ``the Act'') provide for the award of attorney 
fees and other expenses to eligible individuals and entities who are 
parties to certain administrative proceedings (called ``adversary 
adjudications''). An eligible party may receive an award when it 
prevails, unless it has unreasonably protracted the proceedings, or the 
Agency's position in the proceeding was substantially justified, or 
special circumstances make an award unjust. The rules in this part 
describe the parties eligible for awards and the proceedings that are 
covered. They also explain how to apply for awards, and the procedures 
and standards that the National Aeronautics and Space Administration 
(NASA) will use in determining awards.
    (b) As used in this part:
    (1) Adversary adjudication means:
    (i) An adjudication under 5 U.S.C. 554 in which the position of the 
United States is represented by counsel or otherwise, but excludes an 
adjudication for the purpose of establishing or fixing a rate or for the 
purpose of granting or renewing a license;
    (ii) Any appeal of a decision made pursuant to section 6 of the 
Contract Disputes Act (CDA) of 1978, as amended (41 U.S.C. 605) before 
an agency board

[[Page 232]]

of contract appeals as provided in section 8 of the CDA (41 U.S.C. 607);
    (iii) Any hearing conducted under Chapter 38 of Title 31 (added by 
section 6104 of the Program Fraud Civil Remedies Act of 1986 (Pub. L. 
99-509, 100 Stat. 1948, Oct. 21, 1986), 31 U.S.C. 3801, et seq., as 
amended); and
    (iv) The Religious Freedom Restoration Act (RFRA) of 1993 (added by 
section 4(b), of RFRA (Pub. L. 103-141, 107 Stat. 1489, Nov. 16, 1993), 
42 U.S.C. 2000bb).
    (2) Adjudicative officer means the deciding official, without regard 
to whether the official is designated an administrative law judge, a 
hearing officer or examiner, or otherwise, who presided at the adversary 
adjudication;
    (3) Position of the agency means, in addition to the position taken 
by the agency in the adversary adjudication, the action or failure to 
act by the agency upon which the adversary adjudication is based;
    (4) Party, as defined in 5 U.S.C. 551(3), includes a person or 
agency named or admitted as a party, or properly seeking and entitled as 
of right to be admitted as a party, in an agency proceeding, and a 
person or agency admitted by an agency as a party for limited purposes, 
and who meets the eligibility requirements of Sec. 1262.104; and
    (5) Agency with a capital A denotes the NASA.
    (c) Determination of Substantially justified. Whether or not the 
position of the agency was substantially justified shall be determined 
on the basis of the administrative record, as a whole, which is made in 
the adversary adjudication for which fees and other expenses are sought.

[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12668, Mar. 8, 1995]



Sec. 1262.102  When the Act applies.

    The Act applies to any adversary adjudication pending or commenced 
before NASA on or after August 5, 1985. It also applies to any adversary 
adjudication commenced on or after October 1, 1984, and finally disposed 
of before August 5, 1985, provided that an application for fees and 
expenses, as described in subpart 1262.2, had been filed with the Agency 
within 30 days after August 5, 1985, and to any adversary adjudication 
pending on or commenced on or after October 1, 1981, in which an 
application for fees and other expenses was timely filed and was 
dismissed for lack of jurisdiction.



Sec. 1262.103  Proceedings covered.

    (a) The Act applies to the following adversary adjudications 
conducted by the Agency:
    (1) Adjudications under 5 U.S.C. 554 in which the position of NASA 
or any other agency of the United States, or any component of an agency, 
is presented by an attorney or other representative who enters an 
appearance and participates in the proceedings;
    (2) Appeals of decisions made pursuant to section 6 of the Contract 
Disputes Act of 1978 (41 U.S.C. 605) before the Board of Contract 
Appeals (BCA) as provided in Section 8 of that Act (41 U.S.C. 607);
    (3) Any hearing conducted under Chapter 38 of Title 31 (31 U.S.C. 
3801, et seq., as amended); and
    (4) Adjudications under the Religious Freedom Restoration Act of 
1993 (42 U.S.C. 2000bb).
    (b) The Act does not apply to:
    (1) Any proceeding in which this Agency may prescribe a lawful 
present or future rate;
    (2) Proceedings to grant or renew licenses (note, however, that 
proceedings to modify, suspend, or revoke licenses are covered if they 
are otherwise adversary adjudications); and
    (3) Proceedings which are covered by a compromise or settlement 
agreement, unless specifically consented to in such agreement.
    (c) NASA may also designate a proceeding as an adversary 
adjudication for purposes of the Act by so stating in an order 
initiating the proceeding or designating the matter for hearing. The 
Agency's failure to designate a proceeding as an adversary adjudication 
shall not preclude the filling of an application by a party who believes 
the proceeding is covered by the Act; whether the proceeding is covered 
will then be an issue for resolution in proceedings on the application.
    (d) If a proceeding includes both matters covered by the Act and 
matters specifically excluded from coverage,

[[Page 233]]

any award made will include only fees and expenses related to covered 
issues.

[60 FR 12668, Mar. 8, 1995]



Sec. 1262.104  Eligibility of applicants.

    (a) To be eligible for an award of attorney fees and other expenses, 
the applicant must be a ``party'' to the adversary adjudication for 
which an award is sought. The applicant must show that it meets all 
conditions of eligibility set out in this subpart and in subpart 1262.2.
    (b) The types of eligible applicants are as follows:
    (1) An individual with a net worth of not more than $2 million;
    (2) Any owner of an unincorporated business who has a net worth of 
not more than $7 million, including both personal and business 
interests, and not more than 500 employees;
    (3) A charitable or other tax-exempt organization described in 
section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 
with not more than 500 employees;
    (4) A cooperative association as defined in section 15(a) of the 
Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 
employees; and
    (5) Any other partnership, corporation, association, unit of local 
government, or organization with a net worth of not more than $7 million 
and not more than 500 employees.
    (c) For the purpose of eligibility, the net worth and number of 
employees of an applicant shall be determined as of the date the 
proceeding was initiated.
    (d) An applicant who owns an unincorporated business will be 
considered as an ``individual'' rather than as a ``sole owner of an 
unincorporated business'' if the issues on which the applicant prevails 
are related primarily to personal interests rather then to business 
interests.
    (e) The employees of an applicant include all persons who regularly 
perform services for remuneration for the applicant, under the 
applicant's direction and control. Part-time employees shall be included 
on a proportional basis.
    (f) The net worth and number of employees of the applicant and all 
of its affiliates shall be aggregated to determine eligibility. Any 
individual, corporation, or other entity that directly or indirectly 
controls or owns a majority of the voting shares or other interest of 
the applicant, or any corporation or other entity of which the applicant 
directly or indirectly owns or controls a majority of the voting shares 
or other interest, will be considered an affiliate for purposes of this 
part, unless the adjudicative officer determines that such treatment 
would be unjust and contrary to the purposes of the Act in light of the 
actual relationship between the affiliated entities. In addition, the 
adjudicative officer may determine that financial relationships of the 
applicant other than those described in this paragraph constitute 
special circumstances that would make an award unjust.
    (g) An applicant that participates in a proceeding primarily on 
behalf of one or more other persons or entities that would be ineligible 
is not itself eligible for an award.

[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12668, Mar. 8, 1995]



Sec. 1262.105  Standards for awards.

    (a) A prevailing applicant may receive an award subject to paragraph 
(b) of this section, for fees and expenses incurred in connection with a 
proceeding, or in a significant and discrete substantive portion of the 
proceeding, unless the position of the agency over which the applicant 
has prevailed was substantially justified. No presumption arises that 
the agency's position was not substantially justified simply because the 
agency did not prevail. The burden of proof that an award should not be 
made to an eligible prevailing applicant is on the agency.
    (b) An award, for any portion of the adversary adjudication, will be 
denied if the applicant has unreasonably protracted the proceedings, or 
denied or reduced if special circumstances make the award sought unjust.



Sec. 1262.106  Allowable fees and expenses.

    (a) Awards will be based on rates customarily charged by persons 
engaged in the business of acting as attorneys, agents, and expert 
witnesses, even if

[[Page 234]]

the services were made available without charge or at a reduced rate to 
the applicant.
    (b) No award for the fee of an attorney or agent under these rules 
may exceed $75 per hour. No award to compensate an expert witness may 
exceed the highest rate at which this Agency pays expert witnesses, 
which is $20 an hour (5 hours maximum) or maximum daily rate of $100 (3 
days maximum). However, an award may also include the reasonable 
expenses of the attorney, agent, or witness as a separate item, if the 
attorney, agent, or witness ordinarily charges clients separately for 
such expenses.
    (c) In determining the reasonableness of the fee sought for an 
attorney, agent, or expert witness, the adjudicative officer shall 
consider the following:
    (1) If the attorney, agent, or witness is in private practice, his 
or her customary fee for similar service, or, if an employee of the 
applicant, the fully allocated cost of the services;
    (2) The prevailing rate for similar services in the community in 
which the attorney, agent, or witness ordinarily performs services;
    (3) The time actually spent in the representation of the 
application;
    (4) The time reasonably spent in light of the difficulty or 
complexity of the issues in the proceeding; and
    (5) Such other factors as may bear on the value of the services 
provided.
    (d) The reasonable cost of any study, analysis, engineering report, 
test, project, or similar matter prepared on behalf of a party may be 
awarded, to the extent that the charge for the service does not exceed 
the prevailing rate for similar services, and the study or other matter 
was necessary for preparation of the applicant's case.



Sec. 1262.107  Rulemaking on maximum rates for attorney fees.

    (a) If warranted by an increase in the cost of living or by special 
circumstances (such as limited availability of attorneys qualified to 
handle certain types of proceedings), the Agency may adopt regulations 
providing that attorney fees may be awarded at a rate higher then $75 
per hour in some or all of the types of proceedings covered by this 
part. This Agency will conduct any rulemaking proceedings for this 
purpose under the informal rulemaking procedures of the Administrative 
Procedure Act (5 U.S.C. 553).
    (b) Any person may file with the Agency a petition for rulemaking to 
increase the maximum rate for attorney fees. The petition should be 
addressed to the General Counsel, NASA Headquarters, Washington, DC 
20546; should identify the rate the petitioner believes the Agency 
should establish and the types of proceedings in which the rate should 
be used; and should also explain fully the reasons why the higher rate 
is warranted. The Agency will respond to the petition within 60 days 
after it is filed, by initiating a rulemaking proceeding or denying the 
petition, or taking other appropriate action.



Sec. 1262.108  Awards against other agencies.

    If an applicant is entitled to an award because it prevails over 
another agency of the United States that participates in a proceeding 
before NASA, the award or an appropriate portion of the award shall be 
made against that agency, subject to Sec. 1262.105(b), if it had taken a 
position that is not substantially justified.



Sec. 1262.109  Delegations of authority.

    (a) The NASA Administrator hereby delegates authority to the General 
Counsel or designee to take final action on matters pertaining to the 
Act, other than the authority for final fee determination after Agency 
review pursuant to Sec. 1262.308.
    (b) The NASA Administrator may, in particularly specified matters 
under the Act, delegate authority to officials other than those 
designated in paragraph (a) of this section.



           Subpart 1262.2_Information Required From Applicants



Sec. 1262.201  Contents of application.

    (a) An application for an award of fees and expenses under the Act 
shall identify the applicant and the proceeding for which an award is 
sought.

[[Page 235]]

The application shall show that the applicant has prevailed and identify 
the position of an agency or agencies in the proceeding that the 
applicant alleges was not substantially justified. Unless the applicant 
is an individual, the application shall also state the number of 
employees of the applicant and describe briefly the type and purpose of 
its organization or business.
    (b) The application shall also include a statement that the 
applicant's net worth does not exceed $2 million (if an individual) or 
$7 million (for all other applicants, including their affiliates). 
However, an applicant may omit this statement if the applicant:
    (1) Attaches a copy of a ruling by the Internal Revenue Service that 
it qualifies as an organization described in section 501(c)(3) of the 
Internal Revenue Code (26 U.S.C. 501(c)(3)), or, in the case of a tax-
exempt organization not required to obtain a ruling from the Internal 
Revenue Service on its exempt status, a statement that describes the 
basis for the applicant's belief that it qualifies under such section; 
or
    (2) States that it is a cooperative association as defined in 
section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).
    (c) The application shall state the amount of fees and expense for 
which an award is sought.
    (d) The application may also include any other matters that the 
applicant wishes this Agency to consider in determining whether and in 
what amount an award should be made.
    (e) The application shall be signed by the applicant or an 
authorized officer or attorney of the applicant. It shall also contain 
or be accompanied by a written verification under oath or under penalty 
of perjury that the information provided in the application is true and 
correct.

[51 FR 15311, Apr. 23, 1986, as amended at 80 FR 42029, July 16, 2015]



Sec. 1262.202  Net worth exhibit.

    (a) Each applicant except a qualified tax-exempt organization or 
cooperative association must provide with its application a detailed 
exhibit showing the net worth of the applicant and any affiliates (as 
defined in Sec. 1262.104(f) when the proceeding was initiated. The 
exhibit may be in any form convenient to the applicant that provides 
full disclosure of the applicant's and its affiliates' assets and 
liabilities and is sufficient to determine whether the applicant 
qualifies under the standards in this part. The adjudicative officer may 
require an applicant to file additional information to determine its 
eligibility for an award.
    (b) Ordinarily, the net worth exhibit will be included in the public 
records of the proceeding. However, an applicant that objects to public 
disclosure of information in any portion of the exhibit and believes 
there are legal grounds for withholding it from disclosure may submit 
that portion of the exhibit directly to the adjudicative officer in a 
sealed envelope labeled ``Confidential Financial Information,'' 
accompanied by a motion to withhold the information from public 
disclosure. The motion shall describe the information sought to be 
withheld and explain, in detail, why it falls within one or more of the 
specific exemptions from mandatory disclosure under the Freedom of 
Information Act, 5 U.S.C. 552(b)(1)-(9), why public disclosure of the 
information would adversely affect the applicant, and why disclosure is 
not required in the public interest. The materials in question shall be 
served on counsel representing the agency against which the applicant 
seeks an award, but need not be served on any other party to the 
proceeding. If the adjudicative officer finds that the information 
should not be withheld from disclosure, it shall be placed in the public 
record of the proceeding. Otherwise, any request to inspect or copy the 
exhibit shall be disposed of in accordance with the Agency's regulations 
under the Freedom of Information Act, at 14 CFR part 1206.

[51 FR 15311, Apr. 23, 1986, as amended at 80 FR 42029, July 16, 2015]



Sec. 1262.203  Documentation of fees and expenses.

    The application shall be accompanied by full documentation of the 
fees and expenses, including the cost of any study, analysis, 
engineering report, test, project, or similar matter for which an award 
is sought. A separate itemized statement, accompanied by

[[Page 236]]

an oath of affirmation under penalty of perjury (28 U.S.C. 1746), shall 
be submitted for each professional firm or individual whose services are 
covered by the application, showing the hours spent in connection with 
the proceeding by each individual, a description of the specific 
services performed, the rate at which each fee has been computed, any 
expenses for which reimbursement is sought, the total amount paid or 
payable by the applicant or by any other person or entity for the 
services provided. The adjudicative officer may, in addition, require 
the applicant to provide vouchers, receipts, or other substantiation for 
any expenses claimed.



Sec. 1262.204  When an application may be filed.

    (a) An application may be filed whenever the applicant has prevailed 
in the proceeding or in a significant and discrete substantive portion 
of the proceeding, but in no case later than 30 days after the Agency's 
final disposition of the proceeding.
    (b) If review or reconsideration is sought or taken of a decision as 
to which an applicant believes it has prevailed, proceedings for the 
award of fees shall be stayed pending final disposition of the 
underlying controversy.
    (c) For purposes of this rule, final disposition means the latter 
of:
    (1) The date on which the last ``initial decision'', in a bifurcated 
proceeding, or other recommended disposition of the merits (both as to 
liability and amount, if applicable) of the proceeding, by an 
adjudicative officer or intermediate reviewer, becomes administratively 
final;
    (2) The date on which an order is issued disposing of any petitions 
for reconsideration;
    (3) If no petition for reconsideration is filed, the last date on 
which such a petition could have been filed; or
    (4) The date of a final order or any other final resolution of the 
proceeding, such as a settlement or a voluntary dismissal, which is not 
subject to a petition for reconsideration.



         Subpart 1262.3_Procedures for Considering Applications



Sec. 1262.301  Filing and service of documents.

    Any application for an award or other pleading or document related 
to an application shall be filed and served on all parties to the 
proceeding in the same manner as other pleadings in the proceeding, 
except as provided in Sec. 1262.202(b) for confidential financial 
information.



Sec. 1262.302  Answer to application.

    (a) Within 30 calendar days after service of an application, counsel 
representing the agency against which an award is sought may file an 
answer to the application. Unless agency counsel requests an extension 
of time for filing or files a statement of intent to negotiate under 
paragraph (b) of this section, failure to file an answer within the 30-
day period may be treated as a consent to the award requested.
    (b) If agency counsel and the applicant believe that the issues in 
the fee application can be settled, they may jointly file a statement of 
their intent to negotiate a settlement. The filing of this statement 
shall extend the time for filing an answer for an additional 30 calendar 
days, and further extensions may be granted by the adjudicative officer 
upon request by agency counsel and the applicant.
    (c) The answer shall explain in detail any objections to the award 
requested and identify the facts relied on in support of agency 
counsel's position. If the answer is based on any alleged facts not 
already in the record of the proceeding, agency counsel shall include 
with the answer either supporting affidavits or a request for further 
proceedings under Sec. 1262.306.



Sec. 1262.303  Reply.

    Within 15 calendar days after service of an answer, the applicant 
may file a reply. If the reply is based on any alleged facts not already 
in the record of the proceeding, the applicant shall include with the 
reply either supporting affidavits or a request for further proceedings 
under Sec. 1262.306.

[[Page 237]]



Sec. 1262.304  Comments by other parties.

    Any party to a proceeding other than the applicant and agency 
counsel may file comments about an application within 30 calendar days 
after it is served, or about an answer within 15 calendar days after it 
is served. A commenting party may not participate further in proceedings 
on the application unless the adjudicative officer determines that the 
public interest requires such participation in order to permit full 
exploration of matters raised in the comments.



Sec. 1262.305  Settlement.

    The applicant and agency counsel may agree on a proposed settlement 
of the award before final action on the application, either in 
connection with a settlement of the underlying proceeding, or after the 
underlying proceeding has been concluded. If a prevailing party and 
agency counsel agree on a proposed settlement of an award before an 
application has been filed, the application shall be filed with the 
proposed settlement.



Sec. 1262.306  Further proceedings.

    (a) Ordinarily, the determination of an award will be made on the 
basis of the written record. However, on request of either the applicant 
or agency counsel, or on his or her own initiative, the adjudicative 
officer may order further proceedings, such as an informal conference, 
oral argument, additional written submissions, or, as to issues other 
than substantial justification (such as the applicant's eligibility or 
substantiation of fees and expenses), pertinent discovery or an 
evidentiary hearing. Such further proceedings shall be held only when 
necessary for full and fair resolution of the issues arising from the 
application, and shall be conducted as promptly as possible.
    (b) A request that the adjudicative officer order further 
proceedings under this section shall specifically identify the 
information sought or the disputed issues and shall explain why the 
additional proceedings are necessary to resolve the issues.



Sec. 1262.307  Decision.

    (a) The adjudicative officer shall issue an initial decision on the 
application with 90 calendar days after completion of proceedings on the 
application. The decision shall include written findings and conclusions 
on such of the following as are relevant to the decision:
    (1) The applicant's eligibility and status as a prevailing party;
    (2) Whether the Agency's position was substantially justified;
    (3) Whether the applicant unreasonably protracted the proceedings, 
or whether special circumstances make an award unjust; and
    (4) The amounts, if any, awarded for fees and expenses with an 
explanation of the reasons for any difference between the amount 
requested and the amount awarded. Further, if the applicant has sought 
an award against more than one agency, the decision shall allocate 
responsibility for payment of any award made among the agencies, and 
shall explain the reasons for the allocation made.
    (b) When the Agency appeals the underlying merits of an adversary 
adjudication, no decision on an application for fees and other expenses 
in connection with that adversary adjudication shall be made until a 
final and unreviewable decision is rendered by the court on the appeal 
or until the underlying merits of the case have been finally determined 
pursuant to the appeal.

[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12669, Mar. 8, 1995]



Sec. 1262.308  Agency review.

    (a) Within 30 calendar days of the receipt of the adjudicative 
officer's initial decision on the fee application, either the applicant 
or agency counsel may seek Agency review of the decision; or, the NASA 
Administrator, upon the recommendation of the General Counsel or other 
designee, may decide to review the decision based on the record. Whether 
to review a decision is solely a matter within the discretion of the 
NASA Administrator. A 15-day notice of such review will be given the 
applicant and agency counsel, and a determination made not later than 45

[[Page 238]]

days from the date of notice. The Administrator may make a final 
determination concerning the application or remand the application to 
the adjudicative officer for further proceedings.
    (b) If neither the applicant nor agency counsel seek review, and the 
NASA Administrator does not on own initiative take a review, the 
adjudicative officer's initial decision on the fee application shall be 
the final administrative decision of the Agency 45 days after it is 
issued.



Sec. 1262.309  Judicial review.

    Judicial review of final Agency decisions on awards may be sought 
under 5 U.S.C. 504(c)(2), which provides: If a party other than the 
United States is dissatisfied with a determination of fees and other 
expenses made under [this part], that party may, within 30 days after 
the [final administrative] determination is made, appeal the 
determination to the court of the United States having jurisdiction to 
review the merits of the underlying decision of the agency adversary 
adjudication. The court's determination of any appeal heard under this 
[authority] shall be based solely on the factual record made before the 
agency. The court may modify the determination of fees and other 
expenses only if the court finds that the failure to make an award of 
fees and other expenses, or the calculation of the amount of the award, 
was unsupported by the substantial evidence.

[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12669, Mar. 8, 1995]



Sec. 1262.310  Payment of award.

    (a) An applicant seeking payment of an award shall submit to the 
paying agency a copy of the Agency's final decision granting the award, 
accompanied by a statement that the applicant will not seek review of 
the decision in the United States courts. The submission to NASA should 
be addressed as follows:

Director, Financial Management Division, NASA Headquarters, Washington, 
DC 20546.

    (b) The Agency will pay the amount awarded to the applicant within 
60 days, if feasible, unless judicial review of the award or of the 
underlying decision of the adversary adjudication has been sought by the 
applicant or any other party to the proceeding.



PART 1263_DEMAND FOR INFORMATION OR TESTIMONY SERVED ON AGENCY EMPLOYEES;
PROCEDURES--Table of Contents



Sec.
1263.100  Purpose and scope.
1263.101  Definitions.
1263.102  Procedure when a demand is issued in a legal proceeding 
          involving the United States.
1263.103  Procedure when a demand is issued in a legal proceeding not 
          involving the United States.
1263.104  Production, disclosure, or testimony prohibited unless 
          approved.
1263.105  Considerations in determining whether production or disclosure 
          should be made.
1263.106  Final decision of the General Counsel as to production, 
          disclosure, or appearance.
1263.107  Procedure to be followed when response to a demand is required 
          before the General Counsel or designate has reached a final 
          decision.
1263.108  Procedure in the event of an adverse ruling.
1263.109  Considerations in determining whether these procedures should 
          be waived.
1263.110  Intention to provide guidance.

    Authority: 44 U.S.C. 3102, 51 U.S.C. 20113(a).

    Source: 55 FR 28370, July 11, 1990, unless otherwise noted.



Sec. 1263.100  Purpose and scope.

    (a) This part sets forth procedures to be followed with respect to 
the production or disclosure of official information or records and/or 
the testimony of present or former employees of the National Aeronautics 
and Space Administration relating to any official information acquired 
by any employee of NASA as part of the performance of that employee's 
official duties or by virtue of that employee's official status, where a 
demand for such production, disclosure, or testimony is issued in a 
federal, state, or other legal proceeding.
    (b) This part does not apply to any legal proceeding in which an 
employee is to testify, while in leave status, as to facts or events 
that are in no way related to the official duties of that

[[Page 239]]

employee or to the functions of the NASA.



Sec. 1263.101  Definitions.

    (a) Agency--As referred to in this regulation, Agency means the 
National Aeronautics and Space Administration.
    (b) Demand--A subpoena, order, or authorized request for official 
information, or for the appearance and testimony of NASA personnel, 
issued as the result of a legal proceeding.
    (c) Employee--Includes all present and former officers and employees 
of the National Aeronautics and Space Administration who are or have 
been appointed by, or subject to the supervision, jurisdiction, or 
control of the Administrator of the agency.
    (d) Legal proceeding--Includes any proceeding before a court of law 
or equity, administrative board or commission, hearing officer, or other 
body conducting a legal or administrative proceeding.
    (e) Legal proceeding involving the United States--Any proceeding 
before a court of law or equity brought on behalf of, or against the 
United States, NASA or NASA employees, and resulting from alleged NASA 
operations.
    (f) Official information--All information of any kind, however 
stored, that is in the custody and control of NASA or was acquired by 
NASA personnel as part of official duties or because of official status 
while such personnel were employed by or on behalf of the NASA.



Sec. 1263.102  Procedure when a demand is issued in a legal proceeding
involving the United States.

    Whenever an employee or former employee of NASA receives a demand 
for production of materials or the disclosure of information, or for 
appearance and testimony as a witness in a legal proceeding in which 
NASA or the United States is a party, the employee shall immediately 
notify in writing the Installation Chief Counsel for Installation 
employees, the General Counsel for Headquarters employees, or the 
Attorney-Adviser to the Inspector General (IG) for IG employees. This 
notice must include copies of all pertinent legal documents and a 
summary of the employee's knowledge concerning the legal proceeding in 
question. When necessary, this information may be reported orally, 
followed by a written confirmation.



Sec. 1263.103  Procedure when a demand is issued in a legal proceeding
not involving the United States.

    Whenever an employee or former employee of the Agency receives a 
demand for production or disclosure of official information in a legal 
proceeding not involving the United States, the employee shall 
immediately notify the General Counsel or designate. In addition, the 
party causing the demand to be issued shall furnish the Office of 
General Counsel a written, detailed statement of the information sought 
and its relevance to the proceeding in connection with which it is 
requested. The General Counsel or designate may waive the requirement 
that a written summary be furnished where he/she deems it unnecessary. 
The election to waive the requirement of a written summary in no way 
constitutes a waiver of any other requirements set forth in this 
section.



Sec. 1263.104  Production, disclosure, or testimony prohibited unless
approved.

    If an employee or former employee receives a demand to produce or 
disclose official information, that employee may not disclose such 
materials or information or testify regarding same without the prior 
approval of the General Counsel or designate.



Sec. 1263.105  Considerations in determining whether production or
disclosure should be made.

    The General Counsel or designate shall direct employees to honor all 
valid demands. In deciding whether a particular demand is valid, the 
General Counsel or designate may consider:
    (a) Whether such disclosure or appearance is appropriate under the 
rules of procedure governing the legal proceeding in which the demand 
arose.
    (b) Whether disclosure is appropriate under the relevant substantive 
law concerning privilege.
    (c) Whether disclosure might improperly reveal trade secrets, or 
commercial or financial information that is confidential or privileged.

[[Page 240]]

    (d) Whether disclosure might reveal classified information.
    (e) Whether disclosure would violate a specific applicable 
constitutional provision, federal statute or regulation, or executive 
order.
    (f) Whether appearance of the requested employee would seriously 
implicate an interest of the Agency such as conservation of employee 
time for conducting official business, avoidance of expending 
appropriated monies for non-federal purposes, or avoidance of involving 
the agency in controversial issues not related to its mission.



Sec. 1263.106  Final decision of the General Counsel as to production,
disclosure, or appearance.

    After consideration of the factors enumerated in Sec. 1263.105 (a) 
through (f), the General Counsel or designate may authorize the 
testimony, disclosure, or production as demanded; limit the subject 
matter or extent of any testimony, disclosure, or production through 
written instruction to the employee; or deny permission for any 
testimony, disclosure, or production. Where appropriate, the General 
Counsel or designate may seek withdrawal of the demand by the 
authorizing party. Any decision of the General Counsel or designate 
shall be final and shall be communicated to the employee and the party 
causing the demand to be issued.



Sec. 1263.107  Procedure to be followed when response to a demand is
required before the General Counsel or designate has reached a final
decision.

    If a response to a demand is required before the General Counsel or 
designate can render a decision, the employee subpoenaed, or an agency 
attorney or other government attorney designated for that purpose, shall 
appear on behalf of the employee and shall furnish the authority which 
issued the demand a copy of these regulations, and inform the authority 
that the demand has been referred for the prompt consideration of the 
General Counsel, and shall respectfully request the authority to stay 
the demand until the General Counsel or designate has rendered a final 
decision.



Sec. 1263.108  Procedure in the event of an adverse ruling.

    If the court or other authority which caused the demand to be issued 
declines to stay the effect of the demand pending a final decision by 
the General Counsel or designate; or if the General Counsel or designate 
directs that the employee may not comply with the demand, and a court or 
other authority rules that the demand must be complied with irrespective 
of that decision, the employee upon whom the demand has been made, or an 
agency or other governmental attorney, shall respectfully decline to 
comply with the demand and shall cite, ``United States ex rel. Touhy v. 
Ragen, et al., 340 U.S. 462 (1951).''



Sec. 1263.109  Considerations in determining whether these procedures
should be waived.

    The General Counsel or designate may grant permission to deviate 
from the policy or procedure established in these regulations. 
Permission to deviate will be granted when the deviation will not 
interfere with matters of operational necessity and when:
    (a) It is necessary to prevent a miscarriage of justice; or
    (b) The deviation is in the best interests of NASA or the United 
States.



Sec. 1263.110  Intention to provide guidance.

    This part is intended to provide guidance for the internal operation 
of NASA and is not intended to, does not, and may not be relied upon to 
create any right of benefit--substantive or procedural--enforceable at 
law against the United States or NASA.



PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF
1986--Table of Contents



Sec.
1264.100  Basis and purpose.
1264.101  Definitions.
1264.102  Basis for civil penalties and assessments.
1264.103  Investigation.
1264.104  Review by the reviewing official.
1264.105  Prerequisites for issuing a complaint.
1264.106  Complaint.
1264.107  Service of complaint.

[[Page 241]]

1264.108  Answer.
1264.109  Default upon failure to file an answer.
1264.110  Referral of complaint and answer to the presiding officer.
1264.111  Notice of hearing.
1264.112  Parties to the hearing.
1264.113  Separation of functions.
1264.114  Ex parte contacts.
1264.115  Disqualification of reviewing official or presiding officer.
1264.116  Rights of parties.
1264.117  Authority of the presiding officer.
1264.118  Prehearing conferences.
1264.119  Disclosure of documents.
1264.120  Discovery.
1264.121  Exchange of witness lists, statements, and exhibits.
1264.122  Subpoena for attendance at hearing.
1264.123  Protective order.
1264.124  Fees.
1264.125  Form, filing, and service of papers.
1264.126  Computation of time.
1264.127  Motions.
1264.128  Sanctions.
1264.129  The hearing and burden of proof.
1264.130  Determining the amount of penalties and assessments.
1264.131  Location of hearing.
1264.132  Witnesses.
1264.133  Evidence.
1264.134  The record.
1264.135  Post-hearing briefs.
1264.136  Initial decision.
1264.137  Reconsideration of initial decision.
1264.138  Appeal to authority head.
1264.139  Stays ordered by the Department of Justice.
1264.140  Stay pending appeal.
1264.141  Judicial review.
1264.142  Collection of civil penalties and assessments.
1264.143  Right to administrative offset.
1264.144  Deposit in Treasury of United States.
1264.145  Compromise or settlement.
1264.146  Limitations.

Appendix A to Part 1264--Notice To Consent to the Chairperson, NASA 
          Board of Contract Appeals (BCA), or Designee, as Presiding 
          Officer

    Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).

    Source: 52 FR 39498, Oct. 22, 1987, unless otherwise noted.



Sec. 1264.100  Basis and purpose.

    (a) Basis. This part implements the Program Fraud Civil Remedies Act 
of 1986, Pub. L. 99-509, sections 6101-6104, 100 Stat. 1874 (October 21, 
1986), to be codified at 31 U.S.C. 3801-3812. 31 U.S.C. 3809 of the 
statute requires each authority head to promulgate regulations necessary 
to implement the provisions of the statute.
    (b) Purpose. This part does the following:
    (1) Establishes administrative procedures for imposing civil 
penalties and assessments against persons who make, submit, or present, 
or cause to be made, submitted, or presented, false, fictitious, or 
fraudulent claims or written statements to authorities or to their 
agents; and
    (2) Specifies the hearing and appeal rights of persons subject to 
allegations of liability for such penalties and assessments.



Sec. 1264.101  Definitions.

    (a) ALJ means an Administrative Law Judge in the authority appointed 
pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 
U.S.C. 3344. For purposes of this part, the ALJ shall be referred to as 
the presiding officer.
    (b) Authority means the National Aeronautics and Space 
Administration (NASA).
    (c) Authority head means the NASA Administrator or Deputy 
Administrator or designee. For purposes of this regulation, the NASA 
General Counsel or Deputy General Counsel is designated legal counsel to 
the Authority head.
    (d) Benefit means, in the context of statement, anything of value, 
including but not limited to any advantage, preference, privilege, 
license, permit, favorable decision, ruling, status, or loan guarantee.
    (e) Claim means any request, demand, or submission--
    (1) Made to the authority for property, services, or money 
(including money representing grants, loans, insurance, or benefits);
    (2) Made to a recipient of property, services, or money from the 
authority or to a party to a contract with the authority--
    (i) For property or services if the United States--
    (A) Provided such property or services;
    (B) Provided any portion of the funds for the purchase of such 
property or services; or

[[Page 242]]

    (C) Will reimburse such recipient or party for the purchase of such 
property or services; or
    (ii) For the payment of money (including money representing grants, 
loans, insurance, or benefits) if the United States--
    (A) Provided any portion of the money requested or demanded; or
    (B) Will reimburse such recipient or party for any portion of the 
money paid on such request or demand; or
    (iii) Made to the authority which has the effect of decreasing an 
obligation to pay or account for property, services, or money.
    (f) Complaint means the administrative complaint served by the 
reviewing official on the defendant under Sec. 1264.106.
    (g) Consent hearing means that the authority and the defendant 
consent, as provided in Sec. 1264.106(c), that the presiding officer be 
the Chairperson of the NASA Board of Contract Appeals (BCA). The 
Chairperson may designate another administrative judge of the NASA BCA 
as presiding officer in a consent hearing.
    (h) Defendant means any person alleged in a complaint under 
Sec. 1264.106 to be liable for a civil penalty or assessment under 
Sec. 1264.102.
    (i) Government means the United States Government.
    (j) Individual means a natural person.
    (k) Initial decision means the written decision of the ALJ or 
presiding officer required by Sec. 1264.109 or Sec. 1264.136, and 
includes a revised initial decision issued following a remand or a 
motion for reconsideration.
    (l) Investigating official means the NASA Inspector General, or 
designee who is serving in a position for which the rate of basic pay is 
not less than the minimum rate of basic pay for grade GS-16 under the 
General Schedule.
    (m) Knows or has reason to know, means that a person with respect to 
a claim or statement--
    (1) Has actual knowledge that the claim or statement is false, 
fictitious, or fraudulent;
    (2) Acts in deliberate ignorance of the truth or falsity of the 
claim or statement; or
    (3) Acts in reckless disregard of the truth or falsity of the claim 
or statement.
    (n) Makes, wherever it appears, shall include the terms presents, 
submits, and causes to be made, presented, or submitted. As the context 
requires, making or made shall likewise include the corresponding forms 
of such terms.
    (o) Person means any individual, partnership, corporation, 
association, or private organization, and includes the plural of that 
term.
    (p) Presiding officer, except as provided for pursuant to consent 
trial notice, means (if the authority is not subject to the provisions 
of Subchapter II of Chapter 5, Title 5, U.S.C.) an officer or employee 
of the authority who--
    (1) Is selected under Chapter 33 of Title 5 pursuant to the 
competitive examination process applicable to administrative law judges;
    (2) Is appointed by the authority head to conduct hearings under 
this part;
    (3) Is assigned to cases in rotation so far as practicable;
    (4) May not perform duties inconsistent with the duties and 
responsibilities of a presiding officer;
    (5) Is entitled to pay prescribed by the Office of Personnel 
Management independently of ratings and recommendations made by the 
authority and in accordance with Chapter 51 of such Title and Subchapter 
III of Chapter 53 of such Title;
    (6) Is not subject to performance appraisal pursuant to Chapter 43 
of such Title; and
    (7) May be removed, suspended, furloughed, or reduced in grade or 
pay only for good cause established and determined by the Merit Systems 
Protection Board on the record after opportunity for hearing by such 
Board.
    (q) Representative means an attorney who is in good standing of the 
bar of any State, Territory, or possession of the United States, or of 
the District of Columbia, or of the Commonwealth of Puerto Rico.
    (r) Reviewing official means the NASA Associate Administrator for 
Management. For purposes of this regulation, the Associate General 
Counsel (General) or designee is designated legal counsel to the 
Reviewing official.

[[Page 243]]

    (s) Statement means any representation, certification, affirmation, 
document, record, or accounting or bookkeeping entry made--
    (1) With respect to a claim or to obtain the approval or payment of 
a claim (including relating to eligibility to make a claim); or
    (2) With respect to (including relating to eligibility for)--
    (i) A contract with, or a bid or proposal for a contract with; or
    (ii) A grant, loan, or benefit from the authority, or any State, 
political subdivision of a State, or other party, if the United States 
Government provides any portion of the money or property under such 
contract or for such grant, loan, or benefit, or if the Government will 
reimburse such State, political subdivision, or party for any portion of 
the money or property under such contract or for such grant, loan, or 
benefit.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]



Sec. 1264.102  Basis for civil penalties and assessments.

    (a) Claims. (1) Any person who makes a claim that the person knows 
or has reason to know--
    (i) Is false, fictitious, or fraudulent;
    (ii) Includes or is supported by any written statement which asserts 
a material fact which is false, fictitious, or fraudulent;
    (iii) Includes or is supported by any written statement that--
    (A) Omits a material fact;
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a statement in which the person making such statement has a 
duty to include such material fact; or
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed--

Shall be subject, in addition to any other remedy that may be prescribed 
by law, to a civil penalty of not more than $5,000 for each such claim.
    (2) Each voucher, invoice, claim form, or other individual request 
or demand for property, services, or money constitutes a separate claim.
    (3) A claim shall be considered made to the authority, recipient, or 
party when such claim is actually made to an agent, fiscal intermediary, 
or other entity, including any State or political subdivision thereof, 
acting for or on behalf of the authority, recipient, or party.
    (4) Each claim for property, services, or money is subject to a 
civil penalty regardless of whether such property, services, or money is 
actually delivered or paid.
    (5) If the Government has made any payment (including transferred 
property or provided services) on a claim, a person subject to a civil 
penalty under paragraph (a)(1) of this section shall also be subject to 
an assessment of not more than twice the amount of such claim or that 
portion thereof that is determined to be in violation. Such assessment 
shall be in lieu of damages sustained by the Government because of such 
claim.
    (b) Statements. (1) Any person who makes a written statement that--
    (i) The person knows or has reason to know--
    (A) Asserts a material fact which is false, fictitious, or 
fraudulent; or
    (B) Is false, fictitious, or fraudulent because it omits a material 
fact that the person making the statement has a duty to include in such 
statement; and
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement--

Shall be subject, in addition to any other remedy that may be prescribed 
by law, to a civil penalty of not more than $5,000 for each such 
statement.
    (2) Each written representation, certification, or affirmation 
constitutes a separate statement.
    (3) A statement shall be considered made to the authority when such 
statement is actually made to an agent, fiscal intermediary, or other 
entity, including any State or political subdivision thereof, acting for 
or on behalf of the authority.
    (c) No proof of specific intent to defraud is required to establish 
liability under this section.
    (d) In any case in which it is determined that more than one person 
is liable for making a claim or statement under this section, each such 
person may be held liable for a civil penalty under this section.

[[Page 244]]

    (e) In any case in which it is determined that more than one person 
is liable for making a claim under this section on which the Government 
has made payment (including transferred property or provided services), 
an assessment may be imposed against any such person or jointly and 
severally against any combination of such persons.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]



Sec. 1264.103  Investigation.

    (a) If an investigating official concludes that a subpoena pursuant 
to the authority conferred by 31 U.S.C. 3804(a) is warranted--
    (1) The subpoena so issued shall notify the person to whom it is 
addressed of the authority under which the subpoena is issued and shall 
identify the records or documents sought;
    (2) The subpoena may designate the person, to act on the 
investigating official's behalf, to receive the documents sought; and
    (3) The person receiving such subpoena shall be required to tender 
to the investigating official or the person designated to receive the 
documents a certification that the documents sought have been produced, 
or that such documents are not available and the reasons therefor, or 
that such documents, suitably identified, have been withheld based upon 
the assertion of an identified privilege.
    (b) If the investigating official concludes that an action under the 
Program Fraud Civil Remedies Act may be warranted, the investigating 
official shall submit a report containing the findings and conclusions 
of such investigation to the reviewing official.
    (c) Nothing in this section shall preclude or limit the 
investigating official's discretion to refer allegations directly to the 
Department of Justice for suit under the False Claims Act or other civil 
relief, or to defer or postpone a report of referral to the reviewing 
official to avoid interference with a criminal investigation or 
prosecution.
    (d) Nothing in this section modifies any responsibility of the 
investigating official to report violations of criminal law to the 
Attorney General.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]



Sec. 1264.104  Review by the reviewing official.

    (a) If, based on the report of the investigating official under 
Sec. 1264.103(b), the reviewing official determines that there is 
adequate evidence to believe that a person is liable under Sec. 1264.102 
of this part, the reviewing official shall transmit to the Attorney 
General a written notice of the reviewing official's intention to issue 
a complaint under Sec. 1264.106.
    (b) Such notice shall include--
    (1) A statement of the reviewing official's reasons for issuing a 
complaint;
    (2) A statement specifying the evidence that supports the 
allegations of liability;
    (3) A description of the claims or statements upon which the 
allegations of liability are based;
    (4) An estimate of the amount of money or the value of property, 
services, or other benefits requested or demanded in violation of 
Sec. 1264.102 of this part;
    (5) A statement of any exculpatory or mitigating circumstances that 
may relate to the claims or statements known by the reviewing official 
or the investigating official; and
    (6) A statement that there is a reasonable prospect of collecting an 
appropriate amount of penalties and assessments. Such a statement may be 
based upon information then known or an absence of any information 
indicating that the person may be unable to pay such an amount.



Sec. 1264.105  Prerequisites for issuing a complaint.

    (a) The reviewing official may issue a complaint under Sec. 1264.106 
only if--
    (1) The Department of Justice approves the issuance of a complaint 
in a written statement described in 31 U.S.C. 3803(b)(1); and
    (2) In the case of allegations of liability under Sec. 1264.102(a) 
with respect to a claim, the reviewing official determines that, with 
respect to such claim or a group of related claims submitted

[[Page 245]]

at the same time such claim is submitted (as defined in paragraph (b) of 
this section), the amount of money or the value of property or services 
demanded or requested in violation of Sec. 1264.102(a) does not exceed 
$150,000.
    (b) For the purposes of this section, a related group of claims 
submitted at the same time shall include only those claims arising from 
the same transaction (e.g., grant, loan, application, or contract) that 
are submitted simultaneously as part of a single request, demand, or 
submission.
    (c) Nothing in this section shall be construed to limit the 
reviewing official's authority to join in a single complaint against a 
person claims that are unrelated or were not submitted simultaneously, 
regardless of the amount of money or the value of property or services 
demanded or requested.



Sec. 1264.106  Complaint.

    (a) On or after the date the Department of Justice approves the 
issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 
reviewing official may serve a complaint on the defendant, as provided 
in Sec. 1264.107.
    (b) The complaint shall state--
    (1) The allegations of liability against the defendant, including 
the statutory basis for liability, an identification of the claims or 
statements that are the basis for the alleged liability, and the reasons 
why liability allegedly arises from such claims or statements;
    (2) The maximum amount of penalties and assessments for which the 
defendant may be held liable;
    (3) Instructions for filing an answer to request a hearing, 
including a specific statement of the defendant's right to request a 
hearing by filing an answer and to be represented by a representative; 
and
    (4) That failure to file an answer within 30 days of service of the 
complaint will result in the imposition of the maximum amount of 
penalties and assessments without right to appeal as provided in 
Sec. 1264.109.
    (c) At the same time the defendant is served with the complaint, he 
or she shall also be served with a--
    (1) Notice to Consent to the Chairperson of the NASA Board of 
Contract Appeals (BCA), or Designee, as presiding officer;
    (2) Copy of this part 1264 of 14 CFR.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]



Sec. 1264.107  Service of complaint.

    (a) Service of a complaint must be made by certified or registered 
mail or by delivery in any manner authorized by Rule 4(d) of the Federal 
Rules of Civil Procedure.
    (b) Proof of service, stating the name and address of the person on 
whom the complaint was served, and the manner and date of service, may 
be made by--
    (1) Affidavit of the individual servicing the complaint by delivery;
    (2) A United States Postal Service return receipt card acknowledging 
receipt; or
    (3) Written acknowledgment of receipt by the defendant or his/her 
representative.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.108  Answer.

    (a) The defendant may request a hearing by filing an answer with the 
reviewing official within 30 days of service of the complaint. An answer 
shall be deemed to be a request for hearing.
    (b) In the answer, the defendant--
    (1) Shall admit or deny each of the allegations of liability made in 
the complaint;
    (2) Shall state any defense on which the defendant intends to rely;
    (3) May state any reasons why the defendant contends that the 
penalties and assessments should be less than the statutory maximum; and
    (4) Shall state the name, address, and telephone number of the 
person authorized by the defendant to act as defendant's representative, 
if any.
    (c) If the defendant is unable to file an answer meeting the 
requirements of paragraph (b) of this section within the time provided, 
the defendant may, before the expiration of 30 days from service of the 
complaint, file with the reviewing official a general answer denying 
liability and requesting a hearing, and a request for an extension of 
time within which to file an answer

[[Page 246]]

meeting the requirements of paragraph (b) of this section. The reviewing 
official, as provided in Sec. 1264.110, shall file promptly with the 
presiding officer the complaint, the general answer denying liability, 
and the request for an extension of time. For good cause shown, the 
presiding officer may grant the defendant up to 30 additional days 
within which to file an answer meeting the requirements of paragraph (b) 
of this section.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.109  Default upon failure to file an answer.

    (a) If the defendant does not file an answer within the time 
prescribed in Sec. 1264.108(a), the reviewing official may refer the 
complaint to the presiding officer.
    (b) Upon the referral of the complaint, the presiding officer shall 
promptly serve on defendant, in the manner prescribed in Sec. 1264.107, 
a notice that an initial decision will be issued under this section.
    (c) If the defendant fails to answer, the presiding officer shall 
assume the facts alleged in the complaint to be true and, if such facts 
establish liability under Sec. 1264.102, the presiding officer shall 
issue an initial decision imposing the maximum amount of penalties and 
assessments allowed under the statute.
    (d) Except as otherwise provided in this section, by failing to file 
a timely answer, the defendant waives any right to further review of the 
penalties and assessments imposed under paragraph (c) of this section, 
and the initial decision shall become final and binding upon the parties 
30 days after it is issued.
    (e) If, before such an initial decision becomes final, the defendant 
files a motion with the presiding officer seeking to reopen on the 
grounds that extraordinary circumstances prevented the defendant from 
filing an answer, the initial decision shall be stayed pending the 
presiding officer's decision on the motion.
    (f) If, on such motion, the defendant can demonstrate extraordinary 
circumstances excusing the failure to file a timely answer, the 
presiding officer shall withdraw the initial decision under paragraph 
(c) of this section, if such a decision has been issued, and shall grant 
the defendant an opportunity to answer the complaint.
    (g) A decision of the presiding officer denying a defendant's motion 
under paragraph (e) of this section is not subject to reconsideration 
under Sec. 1264.137.
    (h) The defendant may appeal to the authority head the decision 
denying a motion to reopen by filing a notice of appeal with the 
authority head within 15 days after the presiding officer denies the 
motion. The timely filing of a notice of appeal shall stay the initial 
decision until the authority head decides the issue.
    (i) If the defendant files a timely notice of appeal with the 
authority head, the presiding officer shall forward the record of the 
proceeding to the authority head.
    (j) The authority head shall decide expeditiously whether 
extraordinary circumstances excuse the defendant's failure to file a 
timely answer based solely on the record before the presiding officer.
    (k) If the authority head decides that extraordinary circumstances 
excused the defendant's failure to file a timely answer, the authority 
head shall remand the case to the presiding officer with instructions to 
grant the defendant an opportunity to answer.
    (l) If the authority head decides that the defendant's failure to 
file a timely answer is not excused, the authority head shall reinstate 
the initial decision of the presiding officer, which shall become final 
and binding upon the parties 30 days after the authority head issues 
such decision.

[52 FR 39498, Oct. 22, 1987, as amended at 80 FR 42029, July 16, 2015]



Sec. 1264.110  Referral of complaint and answer to the presiding officer.

    Upon receipt of an answer, the reviewing official shall file the 
complaint and answer with the presiding officer, and include the name 
and address of the attorney who will represent the authority before the 
presiding officer.



Sec. 1264.111  Notice of hearing.

    (a) When the presiding officer receives the complaint and answer, 
the

[[Page 247]]

presiding officer shall promptly serve a notice of hearing upon the 
defendant in the manner prescribed by Sec. 1264.107. At the same time, 
the presiding officer shall send a copy of such notice to the 
representative of the authority.
    (b) Such notice shall include--
    (1) The tentative time and place, and the nature of the hearing;
    (2) The legal authority and jurisdiction under which the hearing is 
to be held;
    (3) The matters of fact and law asserted;
    (4) A description of the procedures for the conduct of the hearing;
    (5) The name, address, and telephone number of the representative of 
the authority and of the defendant;
    (6) An opportunity for a settlement conference or proposals of 
adjustment through alternative dispute resolutions, if not already 
explored; and
    (7) Such other matters as the presiding officer deems appropriate.

[52 FR 39498, Oct. 22, 1987, as amended at 80 FR 42029, July 16, 2015]



Sec. 1264.112  Parties to the hearing.

    (a) The parties to the hearing shall be the defendant and the 
authority.
    (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the 
False Claims Act, as amended, may participate in these proceedings to 
the extent authorized by the provisions of that Act. (See section 3 of 
the False Claims Amendments Act of 1986, Pub. L. 99-562, October 27, 
1986.)



Sec. 1264.113  Separation of functions.

    (a) The investigating official, the reviewing official, and any 
employee or agent of the authority who takes part in investigating, 
preparing, or presenting a particular case may not, in such case or a 
factually related case--
    (1) Participate in the hearing as the presiding officer;
    (2) Participate or advise in the initial decision or the review of 
the initial decision by the authority head, except as a witness or as 
the authority representative in the administrative or judicial 
proceedings; or
    (3) Make the collection of penalties and assessments under 31 U.S.C. 
3806.
    (b) The presiding officer shall not be responsible to, or subject to 
the supervision or direction of, the investigating official or the 
reviewing official.
    (c) Except as provided in paragraph (a) of this section, the 
representative for the Government must be a member of the legal staff of 
the authority. Nothing in this paragraph is intended to prevent 
assistance to the Government representative by attorneys in the NASA 
organization or other governmental entities.



Sec. 1264.114  Ex parte contacts.

    No party or person (except employees of the presiding officer's 
office) shall communicate in any way with the presiding officer on any 
matter at issue in a case, unless on notice and opportunity for all 
parties to participate. This provision does not prohibit a person or 
party from inquiring about the status of a case or asking routine 
questions concerning administrative functions or procedures.

[54 FR 600, Jan. 9, 1989]



Sec. 1264.115  Disqualification of reviewing official or presiding officer.

    (a) A reviewing official or presiding officer in a particular case 
may disqualify himself or herself at any time.
    (b) A party may file with the presiding officer a motion for 
disqualification of a reviewing official or a presiding officer. Such 
motion shall be accompanied by an affidavit alleging personal bias or 
other reason for disqualification.
    (c) Such motion and affidavit shall be filed promptly upon the 
party's discovery of reasons for disqualification, or such objections 
shall be deemed waived.
    (d) Such affidavit shall state specific facts that support the 
party's belief that personal bias or other reason for disqualification 
exists and the time and circumstances of the party's discovery of such 
facts. It shall be accompanied by a certificate of the representative of 
record that it is made in good faith.
    (e) Upon the filing of such a motion and affidavit, the presiding 
officer shall proceed no further in the case until the matter of 
disqualification is resolved in accordance with paragraph (f) of this 
section.

[[Page 248]]

    (f)(1) If the presiding officer determines that a reviewing official 
is disqualified, the presiding officer shall dismiss the complaint 
without prejudice.
    (2) If the presiding officer disqualifies himself or herself, the 
case shall be reassigned promptly to another presiding officer.
    (3) If the presiding officer denies a motion to disqualify, the 
authority head may determine the matter only as part of his or her 
review of the initial decision upon appeal, if any.



Sec. 1264.116  Rights of parties.

    Except as otherwise limited by this part, all parties may--
    (a) Be accompanied, represented, and advised by a representative;
    (b) Participate in any conference held by the presiding officer;
    (c) Conduct discovery;
    (d) Agree to stipulations of fact or law, which shall be made part 
of the record;
    (e) Present evidence relevant to the issues at the hearing;
    (f) Present and cross-examine witnesses;
    (g) Present oral arguments at the hearing as permitted by the 
presiding officer; and
    (h) Submit written briefs and proposed findings of fact and 
conclusions of law after the hearing.

[52 FR 39498, Oct. 22, 1987, as amended at 80 FR 42029, July 16, 2015]



Sec. 1264.117  Authority of the presiding officer.

    (a) The presiding officer shall conduct a fair and impartial 
hearing, avoid delay, maintain order, and assure that a record of the 
proceeding is made.
    (b) The presiding officer has the authority to--
    (1) Set and change the date, time, and place of the hearing upon 
reasonable notice to the parties;
    (2) Continue or recess the hearing in whole or in part for a 
reasonable period of time;
    (3) Hold conferences to identify or simplify the issues, or to 
consider other matters, including settlement conferences or other 
alternative dispute resolution, that may aid in the fair and expeditious 
disposition of the proceeding;
    (4) Administer oaths and affirmations;
    (5) Issue subpoenas, requiring the attendance of witnesses and the 
production of documents at depositions or at hearings, which the 
presiding officer considers relevant and material;
    (6) Rule on motions and other procedural matters;
    (7) Regulate the scope and timing of discovery;
    (8) Regulate the course of the hearing and the conduct of 
representatives and parties;
    (9) Examine witnesses;
    (10) Receive, rule on, exclude, or limit evidence;
    (11) Upon motion of a party, take official notice of facts;
    (12) Upon motion of a party, decide cases, in whole or in part, by 
summary judgment where there is no genuine issue as to any material 
fact;
    (13) Conduct any conference, argument, or hearing on motions in 
person or by telephone; and
    (14) Exercise such other authority as is necessary to carry out the 
responsibilities of the presiding officer under this part.
    (c) The presiding officer does not have the authority to find 
Federal statutes or regulations invalid.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.118  Prehearing conferences.

    (a) The presiding officer may schedule prehearing conferences as 
appropriate.
    (b) Upon the motion of any party, the presiding officer shall 
schedule at least one prehearing conference at a reasonable time in 
advance of the hearing.
    (c) The presiding officer may use prehearing conferences to discuss 
the following:
    (1) Simplification of the issues;
    (2) The necessity or desirability of amendments to the pleadings, 
including the need for a more definite statement;
    (3) Stipulations and admissions of fact or as to the contents and 
authenticity of documents;

[[Page 249]]

    (4) Whether the parties can agree to submission of the case on a 
stipulated record;
    (5) Whether a party chooses to waive appearance at an oral hearing 
and to submit only documentary evidence (subject to the objections of 
other parties) and written arguments;
    (6) Limitation of the number of witnesses;
    (7) Scheduling dates for the exchange of witness lists and of 
proposed exhibits;
    (8) Discovery;
    (9) The time and place for the hearing; and
    (10) Such other matters, including settlement, as may tend to 
expedite the fair and just disposition of the proceedings.
    (d) The presiding officer may issue an order containing all matters 
agreed upon by the parties or ordered by the presiding officer at a 
prehearing conference.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.119  Disclosure of documents.

    (a) Upon written request to the reviewing official, the defendant 
may review any relevant and material documents, transcripts, records, 
and other materials that relate to the allegations set out in the 
complaint and upon which the findings and conclusions of the 
investigating official under Sec. 1264.103(b) are based unless such 
documents are subject to a privilege under Federal law. Upon payment of 
a reasonable fee for duplication, the defendant may obtain copies of 
such documents.
    (b) Upon written request to the reviewing official, the defendant 
also may obtain a copy of all exculpatory information in the possession 
of the reviewing official or investigating official relating to the 
allegations in the complaint, even if it is contained in a document that 
would otherwise be privileged. If the document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the reviewing 
official as described in Sec. 1264.104 is not discoverable under any 
circumstances.
    (d) The defendant may file a motion to compel disclosure of the 
documents subject to the provisions of this section. Such a motion may 
only be filed with the presiding officer following the filing of an 
answer pursuant to Sec. 1264.108.



Sec. 1264.120  Discovery.

    (a) The following types of discovery are authorized:
    (1) Requests for production of documents for inspection and copying;
    (2) Requests for admissions of the authenticity of any relevant 
document or of the truth of any relevant fact;
    (3) Written interrogatories; and
    (4) Depositions.
    (b) For the purpose of this section and Secs. 1264.121 and 1264.122, 
the term documents includes information, documents, reports, answers, 
records, accounts, papers, and other data and documentary evidence which 
the presiding officer considers relevant and material to the hearing. 
Nothing contained herein shall be interpreted to require the creation of 
a document.
    (c) Unless mutually agreed to by the parties, discovery is available 
only as ordered by the presiding officer. The presiding officer shall 
regulate the timing of discovery.
    (d) Motions for discovery. (1) A party seeking discovery may file a 
motion with the presiding officer. Such a motion shall be accompanied by 
a copy of the discovery request or, in the case of depositions, a 
summary of the scope of the proposed deposition.
    (2) Within 10 days of service, a party may file an opposition to the 
motion and/or a motion for protective order as provided in 
Sec. 1264.123.
    (3) The presiding officer may grant a motion for discovery only if 
he/she finds that the discovery sought--
    (i) Is necessary for the expeditious, fair, and reasonable 
consideration of the issues;
    (ii) Is not unduly costly or burdensome;
    (iii) Will not unduly delay the proceeding; and
    (iv) Does not seek privileged information.
    (4) The burden of showing that discovery should be allowed is on the 
party seeking discovery.

[[Page 250]]

    (5) The presiding officer may grant discovery subject to a 
protective order under Sec. 1264.123.
    (e) Depositions. (1) If a motion for deposition is granted, the 
presiding officer shall issue a subpoena for the deponent, which may 
require the deponent to produce documents. The subpoena shall specify 
the time and place at which the deposition will be held.
    (2) The party seeking to depose shall serve the subpoena in the 
manner prescribed in Sec. 1264.107.
    (3) The deponent may file with the presiding officer a motion to 
quash the subpoena or a motion for a protective order within 10 days of 
service.
    (4) The party seeking to depose shall provide for the taking of a 
verbatim transcript of the deposition, which it shall make available to 
all other parties for inspection and copying.
    (f) Each party shall bear its own costs of discovery.



Sec. 1264.121  Exchange of witness lists, statements, and exhibits.

    (a) At least 15 days before the hearing or at such other time as may 
be ordered by the presiding officer, the parties shall exchange witness 
lists, copies of prior statements of proposed witnesses, and copies of 
proposed hearing exhibits, including copies of any written statements 
that the party intends to offer in lieu of live testimony in accordance 
with paragraph (b) of Sec. 1264.132. At the time the above documents are 
exchanged, any party that intends to rely on the transcript of 
deposition testimony in lieu of live testimony at the hearing, if 
permitted by the presiding officer, shall provide each party with a copy 
of the specific pages of the transcript it intends to introduce into 
evidence.
    (b) If a party objects, the presiding officer shall not admit into 
evidence the testimony of any witness whose name does not appear on the 
witness list or any exhibit not provided to the opposing party, in 
accordance with paragraph (a) of this section, unless the presiding 
officer finds goods cause for the failure or that there is no prejudice 
to the objecting party.
    (c) Unless another party objects within the time set by the 
presiding officer, documents exchanged in accordance with paragraph (a) 
of this section shall be deemed to be authentic for the purpose of 
admissibility at the hearing.



Sec. 1264.122  Subpoena for attendance at hearing.

    (a) A party wishing the appearance and testimony of any individual 
at the hearing may request that the presiding officer issue a subpoena.
    (b) A subpoena requiring the attendance and testimony of an 
individual may also require the individual to produce documents at the 
hearing.
    (c) A party seeking a subpoena shall file a written request therefor 
not less than 15 days before the date fixed for the hearing unless 
otherwise allowed by the presiding officer for good cause shown. Such 
request shall specify any documents to be produced and shall designate 
the witnesses and describe the address and location thereof with 
sufficient particularity to permit such witnesses to be found.
    (d) The subpoena shall specify the time and place at which the 
witness is to appear and any documents the witness is to produce.
    (e) The party seeking the subpoena shall serve it in the manner 
prescribed in Sec. 1264.107. A subpoena on a party or upon an individual 
under the control of a party may be served by first class mail.
    (f) A party or the individual to whom the subpoena is directed may 
file with the presiding officer a motion to quash the subpoena within 10 
days after service or on or before the time specified in the subpoena 
for compliance if it is less than 10 days after service.



Sec. 1264.123  Protective order.

    (a) A party or a prospective witness or deponent may file a motion 
for a protective order with respect to discovery sought by an opposing 
party or with respect to the hearing, seeking to limit the availability 
or disclosure of evidence.
    (b) In issuing a protective order, the presiding officer may make 
any order which justice requires to protect a party or person from 
annoyance, embarrassment, oppression, or undue burden or expense, 
including one or more of the following:
    (1) That the discovery not be had;

[[Page 251]]

    (2) That the discovery may be had only on specified terms and 
conditions, including a designation of the time or place;
    (3) That the discovery may be had only through a method of discovery 
other than that requested;
    (4) That certain matters not be inquired into, or that the scope of 
discovery be limited to certain matters;
    (5) That discovery be conducted with no one present except persons 
designated by the presiding officer;
    (6) That the contents of discovery or evidence be sealed;
    (7) That a deposition after being sealed be opened only by order of 
the presiding officer;
    (8) That a trade secret or other confidential research, development, 
commercial information, or facts pertaining to any criminal 
investigation, proceeding, or other administrative investigation not be 
disclosed or be disclosed only in a designated way; or
    (9) That the parties simultaneously file specified documents or 
information enclosed in sealed envelopes to be opened as directed by the 
presiding officer.



Sec. 1264.124  Fees.

    The party requesting a subpoena shall pay the cost of the fees and 
mileage of any witness subpoenaed in the amounts that would be payable 
to a witness in a proceeding in United States District Court. A check 
for witness fees and mileage shall accompany the subpoena when served, 
except that when a subpoena is issued on behalf of the authority, a 
check for witness fees and mileage need not accompany the subpoena.

[52 FR 39498, Oct. 22, 1987, as amended at 80 FR 42029, July 16, 2015]



Sec. 1264.125  Form, filing, and service of papers.

    (a) Form. (1) Documents filed with the presiding officer shall 
include an original and two copies.
    (2) Every pleading and paper filed in the proceeding shall contain a 
caption setting forth the title of the action, the case number assigned 
by the presiding officer, and a designation of the paper (e.g., motion 
to quash subpoena).
    (3) Every pleading and paper shall be signed by, and shall contain 
the address and telephone number of the party or the person on whose 
behalf the paper was filed, or his or her representative.
    (4) Papers are considered filed when they are mailed. Date of 
mailing may be established by a certificate from the party or its 
representative or by proof that the document was sent by certified or 
registered mail.
    (b) Service. A party filing a document with the presiding officer 
shall, at the time of filing, serve a copy of such document on every 
other party. Service upon any party of any document other than those 
required to be served as prescribed in Sec. 1264.107 shall be made by 
delivering a copy or by placing a copy of the document in the U.S. mail, 
postage prepaid, and addressed to the party's last known address. When a 
party is represented by a representative, service shall be made upon 
such representative.
    (c) Proof of service. A certificate of the individual serving the 
document by personal delivery or by mail, setting forth the manner of 
service, shall be proof of service.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.126  Computation of time.

    (a) In computing any period of time under this part or in an order 
issued thereunder, the time begins with the day following the act, 
event, or default, and includes the last day of the period, unless it is 
a Saturday, Sunday, or legal holiday observed by the Federal government, 
in which event it includes the next business day.
    (b) When the period of time allowed is less than 7 days, 
intermediate Saturdays, Sundays, and legal holidays observed by the 
Federal government shall be excluded from the computation.
    (c) Where a document has been served or issued by placing it in the 
mail, an additional 5 days will be added to the time permitted for any 
response.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]

[[Page 252]]



Sec. 1264.127  Motions.

    (a) Any application to the presiding officer for an order or ruling 
shall be by motion. Motions shall state the relief sought, the authority 
relied upon, and the facts alleged, and shall be filed with the 
presiding officer and served on all other parties.
    (b) Except for motions made during a prehearing conference or at the 
hearing, all motions shall be in writing. The presiding officer may 
require that oral motions be reduced to writing.
    (c) Within 15 days after a written motion is served, or such other 
time as may be fixed by the presiding officer, any party may file a 
response to such motion.
    (d) The presiding officer may not grant a written motion before the 
time for filing responses thereto has expired, except upon consent of 
the parties or following a hearing on the motion, but may overrule or 
deny such motion without awaiting a response.
    (e) The presiding officer shall make a reasonable effort to dispose 
of all outstanding motions prior to the beginning of the hearing.



Sec. 1264.128  Sanctions.

    (a) The presiding officer may sanction a person, including any party 
or representative for--
    (1) Failing to comply with an order, rule, or procedure governing 
the proceeding;
    (2) Failing to prosecute or defend an action; or
    (3) Engaging in other misconduct that interferes with the speedy, 
orderly, or fair conduct of the hearing.
    (b) Any such sanction, including but not limited to those listed in 
paragraphs (c), (d), and (e) of this section, shall reasonably relate to 
the severity and nature of the failure or misconduct.
    (c) When a party fails to comply with an order, including an order 
for taking a deposition, the production of evidence within the party's 
control, or a request for admission, the presiding officer may--
    (1) Draw an inference in favor of the requesting party with regard 
to the information sought;
    (2) In the case of requests for admission, deem each matter of which 
an admission is requested to be admitted;
    (3) Prohibit the party failing to comply with such order from 
introducing evidence concerning, or otherwise relying upon testimony 
relating to, the information sought; and
    (4) Strike any part of the pleadings or other submissions of the 
party failing to comply with such request.
    (d) If a party fails to prosecute or defend an action under this 
part commenced by service of a notice of hearing, the presiding officer 
may dismiss the action or may issue an initial decision imposing 
penalties and assessments.
    (e) The presiding officer may refuse to consider any motion, 
request, response, brief, or other document which is not filed in a 
timely fashion.



Sec. 1264.129  The hearing and burden of proof.

    (a) The presiding officer shall conduct a hearing on the record in 
order to determine whether the defendant is liable for a civil penalty 
or assessment under Sec. 1264.102 and, if so, the appropriate amount of 
any such civil penalty or assessment considering any aggravating or 
mitigating factors.
    (b) The authority shall prove defendant's liability and any 
aggravating factors by a preponderance of the evidence.
    (c) The defendant shall prove any affirmative defenses and any 
mitigating factors by a preponderance of the evidence.
    (d) The hearing shall be open to the public unless otherwise ordered 
by the presiding officer for good cause shown.



Sec. 1264.130  Determining the amount of penalties and assessments.

    (a) In determining an appropriate amount of civil penalties and 
assessments, the presiding officer, and the authority head upon appeal, 
should evaluate any circumstances that mitigate or aggravate the 
violation and should articulate in their opinions the reasons that 
support the penalties and assessments they impose. Because of the 
intangible costs of fraud, the expense of investigating such conduct, 
and the need to deter others who might

[[Page 253]]

be similarly tempted, ordinarily double damages and a significant civil 
penalty should be imposed.
    (b) Although not exhaustive, the following factors are among those 
that may influence the presiding officer and the authority head in 
determining the amount of penalties and assessments to impose with 
respect to the misconduct (i.e., the false, fictitious, or fraudulent 
claims or statements) charged in the complaint:
    (1) The number of false, fictitious, or fraudulent claims or 
statements;
    (2) The time period over which such claims or statements were made;
    (3) The degree of the defendant's culpability with respect to the 
misconduct;
    (4) The amount of money or the value of the property, services, or 
benefit falsely claimed;
    (5) The value of the Government's actual loss as a result of the 
misconduct, including foreseeable consequential damages and the costs of 
investigation;
    (6) The relationship of the amount imposed as civil penalties to the 
amount of the Government's loss;
    (7) The potential or actual impact of the misconduct upon national 
defense, public health or safety, or public confidence in the management 
of Government programs and operations, including particularly the impact 
on the intended beneficiaries of such programs;
    (8) Whether the defendant has engaged in a pattern of the same or 
similar misconduct;
    (9) Whether the defendant attempted to conceal the misconduct;
    (10) The degree to which the defendant has involved others in the 
misconduct or in concealing it;
    (11) Where the misconduct of employees or agents is imputed to the 
defendant, the extent to which the defendant's practices fostered or 
attempted to preclude such misconduct;
    (12) Whether the defendant cooperated in or obstructed an 
investigation of the misconduct;
    (13) Whether the defendant assisted in identifying and prosecuting 
other wrongdoers;
    (14) The complexity of the program or transaction, and the degree of 
the defendant's sophistication with respect to it, including the extent 
of the defendant's prior participation in the program or in similar 
transactions;
    (15) Whether the defendant has been found, in any criminal, civil, 
or administrative proceeding to have engaged in similar misconduct or to 
have dealt dishonestly with the Government of the United States or of a 
State, directly or indirectly; and
    (16) The need to deter the defendant and others from engaging in the 
same or similar misconduct.
    (c) Nothing in this section shall be construed to limit the 
presiding officer or the authority head from considering any other 
factors that in any given case may mitigate or aggravate the offense for 
which penalties and assessments are imposed.



Sec. 1264.131  Location of hearing.

    (a) The hearing may be held--
    (1) In any judicial district of the United States in which the 
defendant resides or transacts business;
    (2) In any judicial district of the United States in which the claim 
or statement in issue was made; or
    (3) In such other place as may be agreed upon by the defendant and 
the presiding officer.
    (b) Each party shall have the opportunity to present argument with 
respect to the location of the hearing.
    (c) The hearing shall be held at the place and at the time ordered 
by the presiding officer.



Sec. 1264.132  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing shall be given orally by witnesses under oath or 
affirmation.
    (b) At the discretion of the presiding officer, testimony may be 
admitted in the form of a written statement or deposition. Any such 
written statement must be provided to all other parties along with the 
last known address of such witness, in a manner which allows sufficient 
time for other parties to subpoena such witness for cross-examination at 
the hearing. Prior written statements of witnesses proposed to testify 
at the hearing and deposition transcripts shall be exchanged as provided 
in Sec. 1264.121(a).
    (c) The presiding officer shall exercise reasonable control over the 
mode

[[Page 254]]

and order of interrogating witnesses and presenting evidence so as to 
make the interrogation and presentation effective for the ascertainment 
of the truth, avoid needless consumption of time, and protect witnesses 
from harassment or undue embarrassment.
    (d) The presiding officer shall permit the parties to conduct such 
cross-examination as may be required for a full and true disclosure of 
the facts.
    (e) At the discretion of the presiding officer, a witness may be 
cross-examined on matters relevant to the proceeding without regard to 
the scope of his or her direct examination. To the extent permitted by 
the presiding officer, cross-examination on matters outside the scope of 
direct examination shall be conducted in the manner of direct 
examination and may proceed by leading questions only if the witness is 
a hostile witness, an adverse party, or a witness identified with an 
adverse party.
    (f) Upon motion of any party, the presiding officer shall order 
witnesses excluded so that they cannot hear the testimony of other 
witnesses. This rule does not authorize exclusion of--
    (1) A party who is an individual;
    (2) In the case of a party that is not an individual, an officer or 
employee of the party appearing for the entity pro se or designated by 
the party's representative; or
    (3) An individual whose presence is shown by a party to be essential 
to the presentation of its case, including an individual employed by the 
Government engaged in assisting the representative for the Government.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.133  Evidence.

    (a) The presiding officer shall determine the admissibility of 
evidence.
    (b) Except as provided herein, the presiding officer shall not be 
bound by the Federal Rules of Evidence. However, the presiding officer 
may apply the Federal Rules of Evidence where appropriate, e.g., to 
exclude unreliable evidence.
    (c) The presiding officer shall exclude irrelevant and immaterial 
evidence.
    (d) Although relevant, evidence may be excluded if its probative 
value is substantially outweighed by the danger of unfair prejudice, 
confusion of the issues, or by considerations of undue delay or needless 
presentation of cumulative evidence.
    (e) Although relevant, evidence may be excluded if it is privileged 
under Federal law.
    (f) Evidence concerning offers of compromise or settlement shall be 
inadmissible to the extent provided in Rule 408 of the Federal Rules of 
Evidence.
    (g) The presiding officer shall permit the parties to introduce 
rebuttal witnesses and evidence.
    (h) All documents and other evidence offered or taken for the record 
shall be open to examination by all parties, unless otherwise ordered by 
the presiding officer pursuant to Sec. 1264.123.



Sec. 1264.134  The record.

    (a) The hearing will be recorded and transcribed. Transcripts may be 
obtained following the hearing from the presiding officer at a cost not 
to exceed the actual cost of duplication.
    (b) The transcript of testimony, exhibits, and other evidence 
admitted at the hearing, and all papers and requests filed in the 
proceeding constitute the record for the decision by the presiding 
officer and the authority head.
    (c) The record may be inspected and copied (upon payment of a 
reasonable fee) by anyone, unless otherwise ordered by the presiding 
officer pursuant to Sec. 1264.123.



Sec. 1264.135  Post-hearing briefs.

    The presiding officer may require the parties to file post-hearing 
briefs. In any event, upon approval of the presiding officer, any party 
may file a post-hearing brief. The presiding officer shall fix the time 
for filing such briefs, not to exceed 60 days from the date the parties 
receive the transcript of the hearing or, if applicable, the stipulated 
record. Such briefs may be accompanied by proposed findings of fact and 
conclusions of law. The presiding officer may permit the parties to file 
reply briefs, and may grant an extension of the 60-day time period or 
other time for good cause shown.

[[Page 255]]



Sec. 1264.136  Initial decision.

    (a) The presiding officer shall issue an initial decision based 
solely on the record, which shall contain findings of fact, conclusions 
of law, and the amount of any penalties and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portions thereof, violate Sec. 1264.102;
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments considering any 
mitigating or aggravating factors found in the case, such as those 
described in Sec. 1264.130.
    (c) The presiding officer shall promptly serve the initial decision 
on all parties within 90 days after the time for submission of post-
hearing briefs and reply briefs (if permitted) has expired or upon 
notification that the record is now closed. The presiding officer shall 
at the same time serve all parties with a statement describing the right 
of any defendant determined to be liable for a civil penalty or 
assessment to file a motion for reconsideration with the presiding 
officer or a notice of appeal with the authority head. If the presiding 
officer fails to meet the deadline contained in this paragraph, he or 
she shall notify the parties of the reason for the delay and shall set a 
new deadline.
    (d) Unless the initial decision of the presiding officer is timely 
appealed to the authority head, or a motion for reconsideration of the 
initial decision is timely filed, the initial decision shall constitute 
the final decision of the authority head and shall be final and binding 
on the parties 30 days after it is issued by the presiding officer.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.137  Reconsideration of initial decision.

    (a) Except as provided in paragraph (d) of this section, any party 
may file a motion for reconsideration of the initial decision within 20 
days of receipt of the initial decision. If service was made by mail, 
receipt will be presumed to be 5 days from the date of mailing in the 
absence of contrary proof.
    (b) Every such motion must set forth the matters claimed to have 
been erroneously decided and the nature of the alleged errors. Such 
motion shall be accompanied by a supporting brief.
    (c) Responses to such motions shall be allowed only upon request of 
the presiding officer.
    (d) No party may file a motion for reconsideration of an initial 
decision that has been revised in response to a previous motion for 
reconsideration.
    (e) The presiding officer may dispose of a motion for 
reconsideration by denying it or by issuing a revised initial decision.
    (f) If the presiding officer denies a motion for reconsideration, 
the initial decision shall constitute the final decision of the 
authority head and shall be final and binding on the parties 30 days 
after the presiding officer denies the motion, unless the initial 
decision is timely appealed to the authority head in accordance with 
Sec. 1264.138.
    (g) If the presiding officer issues a revised initial decision, the 
revised decision shall constitute the final decision of the authority 
head and shall be final and binding on the parties 30 days after it is 
issued, unless it is timely appealed to the authority head in accordance 
with Sec. 1264.138.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.138  Appeal to authority head.

    (a) Any defendant who has filed a timely answer and who is 
determined in an initial decision to be liable for a civil penalty or 
assessment may appeal such decision to the authority head by filing a 
notice of appeal with the authority head in accordance with this 
section.
    (b) The time for appeal to the authority head is as follows:
    (1) A notice of appeal may be filed at any time within 30 days after 
the presiding officer issues an initial decision. However, if any other 
party files a motion for a reconsideration under Sec. 1264.137, 
consideration of the appeal shall be stayed automatically pending 
resolution of the motion for reconsideration.

[[Page 256]]

    (2) If a motion for reconsideration is timely filed, a notice of 
appeal must be filed within 30 days after the presiding officer denies 
the motion or issues a revised initial decision, whichever applies.
    (3) If no motion for reconsideration is timely filed, a notice of 
appeal must be filed within 30 days after the presiding officer issues 
the initial decision.
    (4) The authority head may extend the initial 30-day period for an 
additional 30 days if the defendant files with the authority head a 
request for an extension within the initial 30-day period and shows good 
cause.
    (c) If the defendant files a timely notice of appeal with the 
authority head and the time for filing motions for reconsideration under 
Sec. 1264.137 has expired, the presiding officer shall forward the 
record of the proceeding to the authority head.
    (d) A notice of appeal shall be accompanied by a written brief 
specifying exceptions to the initial decision and reasons supporting the 
exceptions.
    (e) The representative for the Government may file a brief in 
opposition to exceptions within 30 days of receiving the notice of 
appeal and accompanying brief.
    (f) There is no right to appear personally before the authority 
head.
    (g) There is no right to appeal any interlocutory ruling by the 
presiding officer.
    (h) In reviewing the initial decision, the authority head shall not 
consider any objection that was not raised before the presiding officer 
unless a demonstration is made of extraordinary circumstances causing 
the failure to raise the objection.
    (i) If any party demonstrates to the satisfaction of the authority 
head that additional evidence not presented at such hearing is material 
and that there were reasonable grounds for the failure to present such 
evidence at such hearing, the authority head shall remand the matter to 
the presiding officer for consideration of such additional evidence.
    (j) The authority head may affirm, reduce, reverse, compromise, 
remand, or settle any penalty or assessment, determined by the presiding 
officer in any initial decision.
    (k) The authority head shall promptly serve each party to the appeal 
with a copy of the decision of the authority head. At the same time the 
authority head shall serve the defendant with a statement describing the 
defendant's right to seek judicial review.
    (l) Unless a petition for review is filed as provided in 31 U.S.C. 
3805, after a defendant has exhausted all administrative remedies under 
this part and within 60 days after the date on which the authority head 
serves the defendant with a copy of the authority head's decision, a 
determination that a defendant is liable under Sec. 1264.102 is final 
and is not subject to judicial review.

[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]



Sec. 1264.139  Stays ordered by the Department of Justice.

    If at any time the Attorney General or an Assistant Attorney General 
designated by the Attorney General transmits to the authority head a 
written finding that continuation of the administrative process 
described in this part with respect to a claim or statement may 
adversely affect any pending or potential criminal or civil action 
related to such claim or statement, the authority head shall stay the 
process immediately. If the process is before the presiding officer, the 
authority head shall promptly transmit the finding to the presiding 
officer, who, in turn, must stay the proceeding and give notice to all 
parties and their representatives. The authority head may order the 
process resumed only upon receipt of the written authorization of the 
Attorney General.



Sec. 1264.140  Stay pending appeal.

    (a) An initial decision is stayed automatically pending disposition 
of a motion for reconsideration or of an appeal to the authority head.
    (b) No administrative stay is available following a final decision 
of the authority head.



Sec. 1264.141  Judicial review.

    Section 3805 of Title 31, United States Code, authorizes judicial 
review by an appropriate United States District

[[Page 257]]

Court of a final decision of the authority head imposing penalties or 
assessments under this part and specifies the procedures for such 
review.



Sec. 1264.142  Collection of civil penalties and assessments.

    Sections 3806 and 3808(b) of Title 31, United States Code, authorize 
actions for collection of civil penalties and assessments imposed under 
this part and specify the procedures for such actions.



Sec. 1264.143  Right to administrative offset.

    The amount of any penalty or assessment which has become final, or 
for which a judgment has been entered under Sec. 1264.141 or 
Sec. 1264.142, or any amount agreed upon in a compromise or settlement 
under Sec. 1264.145, may be collected by administrative offset under 31 
U.S.C. 3716, except that an administrative offset may not be made under 
this subsection against a refund of an overpayment of Federal taxes, 
then or later owing by the United States to the defendant.



Sec. 1264.144  Deposit in Treasury of United States.

    All amounts collected pursuant to this part shall be deposited as 
miscellaneous receipts in the Treasury of the United States, except as 
provided in 31 U.S.C. 3806(g).



Sec. 1264.145  Compromise or settlement.

    (a) Parties may make offers of compromise or settlement at any time, 
including proposals for alternative dispute resolution.
    (b) The reviewing official has the exclusive authority to compromise 
or settle a case under this part at any time after the date on which the 
reviewing official is permitted to refer allegations of liability to a 
presiding officer and before the date on which the presiding officer 
issues an initial decision.
    (c) The authority head has exclusive authority to compromise or 
settle a case under this part at any time after the date on which the 
presiding officer issues an initial decision, except during the pendency 
of any judicial review under Sec. 1264.141 or during the pendency of any 
civil action to collect penalties and assessments under Sec. 1264.142.
    (d) The Attorney General has exclusive authority to compromise or 
settle a case under this part during the pendency of any judicial review 
under 31 U.S.C. 3805 or of any civil action to recover penalties and 
assessments under 31 U.S.C. 3806.
    (e) The investigating official may recommend settlement terms to the 
reviewing official, the authority head, or the Attorney General, as 
appropriate. The reviewing official may recommend settlement terms to 
the authority head, or the Attorney General, as appropriate.
    (f) Any compromise or settlement must be in writing.



Sec. 1264.146  Limitations.

    (a) The notice of hearing with respect to a claim or statement must 
be served in the manner specified in Sec. 1264.107 within 6 years after 
the date on which such claim or statement is made.
    (b) If the defendant fails to file a timely answer, service of a 
notice under Sec. 1264.109(b) shall be deemed a notice of hearing for 
purposes of this section.
    (c) The statute of limitations may be extended by agreement of the 
parties.



Sec. Appendix A to Part 1264--Notice To Consent to the Chairperson, NASA 
   Board of Contract Appeals (BCA), or Designee, as Presiding Officer

    In accordance with the provisions of 14 CFR 1264.106, you are hereby 
notified that the Chairperson, NASA Board of Contract Appeals (BCA), or 
designee, in addition to other duties, upon your consent, may conduct 
any or all proceedings as the presiding officer, pursuant to 14 CFR part 
1264 which implements the Program Fraud Civil Penalties Act of 1986.
    You should be aware that your decision to consent, or not to 
consent, to the referral of this case to the NASA/BCA must be entirely 
voluntary. Only if you and the authority head consent to this reference 
will either the Chairperson or the designee to whom the case may be 
assigned be informed of your decision.
    An appeal from a decision by the presiding officer under this 
consent procedure may be taken in the same manner as an appeal from a 
decision by any other presiding officer, as

[[Page 258]]

provided in 14 CFR 1264.136(d), 1264.137, 1264.138, and 1264.141.
    If you consent, you must sign, date, and return this form within the 
30-day period provided for your answer (see 14 CFR 1264.108, 1264.109).

consent:________________________________________________________________
(Signature of person alleged to be liable)

________________________________________________________________________
(Print name)
________________________________________________________________________
(Date of signature)



PART 1266_CROSS-WAIVER OF LIABILITY--Table of Contents



Sec.
1266.100  Purpose.
1266.101  Scope.
1266.102  Cross-waiver of liability for agreements for activities 
          related to the International Space Station.
1266.103  [Reserved]
1266.104  Cross-waiver of liability for launch agreements for science or 
          space exploration activities unrelated to the International 
          Space Station.

    Authority: 51 U.S.C.