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Subpart E-Referral to the General Accounting
Office or to the Department of Justice
Sec.

213.41 Prescribed standards.

AUTHORITY: The provisions of this Part 213 issued under sec. 621, 75 Stat. 445, sec. 3, 80 Stat. 308; 22 U.S.C. 2402, 31 U.S.C. 952; 4 CFR, Ch. II.

SOURCE: The provisions of this Part 213 contained in A.I.D. Regulation 13, 33 F.R. 6811, May 4, 1968, unless otherwise noted.

Subpart A-General Collection Standards

§ 213.1 Applicability of prescribed

standards.

The Joint Regulations of the Attorney General and the Comptroller General set forth in Chapter II of Title 4 of the Code of Federal Regulations prescribe standards for the administrative collection, compromise, termination, or suspension of agency collection action, and referral to the General Accounting Office and to the Department of Justice for litigation, of civil claims by the Federal Govern#ment for money or property. Except as set forth in this part, these standards (prescribed standards) shall be applied by the Agency for International Development (hereinafter designated as A.I.D.) with respect to its claims for money or property. § 213.2

Exceptions to applicability.

(a) The prescribed standards are not applicable to claims arising as a result of:

(1) Loans and sales for which collection and compromise authority is conferred by section 635 (g) (2) of the Foreign Assistance Act of 1961, as amended;

(2) Investment guaranty operations for which settlement and arbitration authority is conferred by section 635 (i) of = the Foreign Assistance Act of 1961, as amended.

(b) The prescribed standards are not applicable to claims against any foreign country or any political subdivision thereof, or any international organization.

A.I.D. requires a different course of action.

§ 213.3

Omission not a defense.

Failure by the A.I.D. to comply with any of the provisions of the prescribed standards or of the provisions of this part shall not be available as a defense to any debtor.

§ 213.4

Subdivision and joining of

claims.

(a) A debtor's liability arising from a particular transaction or contract (for example, each individual Supplier's Certificate and Agreement with A.I.D.— Form 282) shall be considered as a single claim in determining whether the claim is one not exceeding $20,000 exclusive of interest for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966.

(b) The joining of two or more single claims in a demand upon a debtor for a payment exceeding $20,000 does not preclude compromise or termination of collection action with respect to any one of such claims which does not exceed this amount exclusive of interest.

§ 213.5

Fraudulent claims.

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 other party having an interest in the claim shall be handled as set forth in 4 CFR 101.3. Subpart B-Administrative Collection of Claims

Prescribed standards.

§ 213.11

The prescribed standards applicable to the administrative collection of claims are set forth in 4 CFR Part 102.

§ 213.12

Interest.

Under 4 CFR 102.10, A.I.D. may forego the collection of prejudgment interest as an inducement to voluntary payment in cases where such interest is not mandated by statute, contract, or regulation. However, in cases where the debt arises from an overpayment, prejudgment interest shall be collected from the date of such overpayment if the amount involved and the length of time during which the debtor had use of A.I.D. funds warrant such action.

(c) The prescribed standards are not applicable in any instance where the Administrator of A.I.D. or his designee determines that the achievement of the purposes of the Foreign Assistance Act of 1961, as amended, or any other Act in whole or in part administered by

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CHAPTER III-PEACE CORPS

Ethical conduct and responsibilities of Peace Corps employees.
Organization.

Availability of records of the Peace Corps.

Claims against Government under Federal Tort Claims Act.
Eligibility and selection for Peace Corps volunteer service.

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fact and appearance. There is no place on the Peace Corps' team for those who cannot live comfortably with this high standard.

(b) In Executive Order No. 11222, the President recently directed the Civil Service Commission to require each agency head to review and reissue his agency's regulations regarding the ethical conduct and other responsibilities of all its employees. One of the main purposes of the regulations in this part is to encourage individuals faced with questions involving subjective judgment to seek counsel and guidance. The General Counsel is designated to be the counselor for the Peace Corps with respect to these matters. He and the Deputy General Counsel will give authoritative advice and guidance in this area to any Peace Corps employee who seeks it.

(c) Any violation of the regulations in this part may be cause for disciplinary action. Violation of those provisions of the regulations in this part which reflect legal prohibitions may also entail penalties provided by law.

(d) As used in this part, the term "special Government employee" means a person appointed or employed to perform temporary duties for the Peace Corps with or without compensation, on a full-time or intermittent basis, for not to exceed 130 days during any period of 365 days. The term "regular Government employee" means any officer or employee

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tion with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government.

(4) He may not for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service. This temporary restraint gives way to the permanent restraint described in subparagraph (3) of this paragraph if the matter is one in which he participated personally and substantially.

(5) He may not receive any salary, or supplementation of his Government salary, from a private source as compensation for his services to the Government.

(b) Special Government employees. A special Government employee is subject to the following major criminal prohibitions:

(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government.

(2) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the agency he serves unless he has served there no more than 60 days during the past 365. He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially.

The restrictions described in subparagraphs (1) and (2) of this paragraph apply to both paid and unpaid representation of another.

(3) He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate, or person with whom he is negotiating for employment has a financial interest.

(4) He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government.

(5) He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service. This temporary restraint gives way to the permanent restriction described in subparagraph (4) of this paragraph if the matter is one in which he participated personally and substantially. § 301.735-4 Political activities.

(a) Subchapter III of Chapter 73 of Title 5, United States Code and other statutes regulate the extent to which employees may engage in political activities. Generally, using official authority or influence for the purpose of interfering with an election or its result or taking an active part in political management or in political campaigns is prohibited. These restrictions do not affect the right of employees to express their personal political opinions, as long as they do not do so in such a manner as to take an active part in political campaigns or management or to participate in the activities of national or State political parties to the extent that such participation is not proscribed by law.

(b) Special Government employees are subject to the statute for the whole of each day on which they do any work for the Government.

(c) While regular employees may explain and support governmental programs that have been enacted into law, in exercising their official responsibilities they should not publicly support or oppose pending legislation, except in testimony before the Congress.

(d) Also, the Foreign Service Act generally prohibits any Foreign Service employee from (1) corresponding in regard to the public affairs of any foreign government, except with the proper officers of the United States, and (2) recommending any person for employment in any position of trust or profit under the government of the country to which he is detailed or assigned.

§ 301.735-5

Gifts.

(a) From donors dealing with Peace Corps. (1) No Peace Corps regular or special employee shall solicit or accept, directly or indirectly, for himself, for any member of his family, or for any person with whom he has business or financial

ties, any gift, gratuity, favor, entertainment, or loan or any other thing of value, from any individual or organization which:

(i) Has, or is seeking to obtain, contractual or other business or financial relations with the Peace Corps.

(ii) Has interests that may be substantially affected by the performance or nonperformance of the employee's official responsibility.

(iii) Is in any way attempting to affect the employee's exercise of his official responsibility.

(2) Subparagraph (1) of this paragraph does not prohibit, even if the donor has dealings with the Peace Corps

(i) Acceptance of things of value from parents, children, or spouse if those relationships rather than the business of the donor is the motivating factor for the gift.

(ii) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a breakfast, luncheon, or dinner meeting or other meeting.

(iii) Solicitation and acceptance of loans from banks or other financial institutions to finance proper and usual activities of employees, such as home mortgage loans, solicited and accepted on customary terms.

(iv) Acceptance on behalf of minor dependents of fellowships, scholarships, or educational loans awarded on the basis of merit and/or need.

(v) Acceptance of awards for meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization.

(3) Regular or special employees need not return unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other things of nominal intrinsic value.

(b) From other Peace Corps employees. No employee in a superior official position shall accept any gift presented as a contribution from employees receiving less salary than himself. No employee shall solicit contributions from another employee for a gift to an employee in a superior official position, nor shall any employee make a donation as a gift to an employee in a superior official position. However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount

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