[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1261.316]

[Page 341]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents
 
  Subpart 1261.3_Claims Against NASA or Its Employees for Damage to or 
   Loss of Property or Personal Injury or Death_Accruing On or After 
                            January 18, 1967
 
Sec. 1261.316  Policy.

    (a) The National Aeronautics and Space Administration may indemnify 
a present or former NASA employee, who is personally named as a 
defendant in any civil suit in state or Federal court, or in an 
arbitration proceeding or other proceeding seeking damages against that 
employee personally, for any verdict, judgment, appeal bond, or other 
monetary award which is rendered against such employee, provided that 
the conduct giving rise to the verdict, judgment, appeal bond, or award 
was taken within the scope of his or her employment and that such 
indemnification is in the interest of the National Aeronautics and Space 
Administration, as determined by the Administration or designee.
    (b) The National Aeronautics and Space Administration may settle or 
compromise a personal damage claim against a present or former NASA 
employee by the payment of available funds, at any time, provided the 
alleged conduct giving rise to the personal damage claim was taken 
within the employee's scope of employment and that such settlement or 
compromise is in the interest of the National Aeronautics and Space 
Administration, as determined by the Administrator or designee.
    (c) Absent exceptional circumstances as determined by the 
Administrator or designee, the agency will not entertain a request 
either to agree to indemnify or to settle a personal damage claim before 
entry of an adverse verdict, judgment, or award.
    (d) A present or past NASA employee may request indemnification to 
satisfy a verdict, judgment, or award entered against that employee. The 
employee shall submit a written request, with appropriate documentation 
including copies of the verdict, judgment, appeal bond, award, or 
settlement proposal to the General Counsel, who shall make a recommended 
disposition of the request. Where appropriate, the agency shall seek the 
views of the Department of Justice. The General Counsel shall forward 
the request, the accompanying documentation, and the General Counsel's 
recommendation to the Administrator for decision.
    (e) Any payment under this section either to indemnify a National 
Aeronautics and Space Administration employee or to settle a personal 
damage claim shall be contingent upon the availability of appropriated 
funds of the National Aeronautics and Space Administration.

[53 FR 27482, July 21, 1988]