Effective Date: June 23, 2021
Expiration Date: June 23, 2026
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2.1.1 The client, in consultation with the other PRB members, shall determine the most appropriate course of action to recover NASA personal property.
2.1.2 PRB members shall advise and inform the client of options available for recovering NASA property. Figure 2-1 depicts the Decision Tree for identifying and recovering property. Potential actions may include, but are not limited to:
a. Requesting that the property holder return the property to NASA.
b. Negotiating terms for return of the property.
c. OGC letter(s) to property holders requesting property be returned to NASA.
d. Written request for OIG assistance to recover property that has been determined to belong to NASA.
e. Requesting assistance from DOJ.
2.1.3 Upon the request of the PRB Chair, OGC shall advise on the merits of initiating legal process to recover the personal property. All communications between the PRB, the OIG, and the USDOJ, or other Federal, state, or local law enforcement entity, shall be coordinated with, and cleared by, OGC's representative to the PRB. Communication(s) with a non-NASA entity's outside counsel may be initiated by the PRB; however, the OGC representative to the PRB shall be consulted prior to the initiation of such communication(s).
2.1.4 If after reasonable efforts to reclaim NASA personal property have been unsuccessful, the PRB may recommend that an action to confiscate the property be undertaken. As a general rule, this would be a highly unusual outcome. The PRB Chair, in coordination with the PRB's standing and case specific ad hoc member(s), shall prepare a justification memorandum for consideration and approval by the appropriate Directorate Associate Administrator, the General Counsel, and the OIG (if applicable), or their designated representatives. If the justification is substantiated and confiscation action is approved, the PRB shall consult with the OIG prior to initiating the confiscation action in order to minimize the risk to NASA personnel and personal property.
2.2.1 The Chair of the PRB (LMD) or the client shall ensure that the property is accounted for in compliance with applicable personal property management and disposition policies outlined in NPR 4200.1, NASA Equipment Management Procedural Requirements, and NPR 4300.1, NASA Personal Property Disposal Procedural Requirements.
2.3.1 In consideration of Figure 2-1 (Decision Tree) and the recovery continuum set forth in 2.1.2 above, there may be situations that limit or otherwise preclude NASA from reclaiming possession of NASA personal property. While not inclusive of every situation, the following are examples:
a. The person or entity in possession of the NASA property asserts a valid and defensible claim of ownership (i.e., bona fide purchaser defense) and successfully contests NASA's claim of provenance.
b. The OIG or the DOJ exercises enforcement and investigative discretion and declines to initiate an action to reclaim possession of the property.
c. The location of the property is unknown (e.g., blind auction with unknown purchaser), precluding (or delaying) action to reclaim possession of the property
d. The property is inaccessible (on the bottom of the ocean, in a remote area, or otherwise unreasonably difficult to recover).
e. When NASA does not currently have the resources to recover the property.
2.3.2 When documenting property that is NASA's but unrecoverable or is determined to have been NASA's but was appropriately dispositioned, the PRB shall:
a. Document a summary of the PRB proceedings on an NF 598, Property Survey Report. The purpose of the NF 598 is to document the property description, the circumstances of the PRB proceedings and ultimately, the PRB decision to either discontinue recovery efforts or provide a determination that the property no longer belongs to NASA.
b. If applicable, initiate the update of any existing property records in accordance with NASA policy and procedural requirements as set forth in NPR 4100.1, NASA Supply Support and Material Management; NPR 4200.1; or NPR 4300.1. The PRB Chair will contact the corresponding SEMO to update existing records in NASA's databases.
c. Initiate the creation of a new property record in the NASA Property Identification and Recovery System (NPIRS). The record in NPIRS will contain a complete description of the property. A completed NF 598 will be attached to the property record, as well as photographs and other related documentation. The creation of a property record in NPIRS provides a permanent record of PRB investigations and determinations. The record will exist to facilitate minimizing future PRB investigation effort as the effort may relate to property already recorded in the NPIRS. The PRB Chair will contact the corresponding SEMO to create property records as necessary.
Figure 2-1 Identifying & Recovering NASA Personal Property (Decision Tree)
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