Page images

$ 511.10 Settlement of claim.

The General Counsel will review the findings from the standpoint of questions of law applicable to the claim and will determine disposition. The General Counsel will make final review for settlement of the claim and will sign SF-1145, Voucher for Payment Under Federal Tort Claims Act, and forward it to the Finance Division for payment of claim. Payment of any award or settlement in the amount of $2,500 or less will be authorized from the appropriation and allotment current for obligation on the date of settlement irrespective of when the cause of action arose. Payment of any award, compromise or settlement in an amount in excess of $2,500, shall be paid in a manner similar to judgments and compromises out of the appropriation provided by section (c), Public Law 89-506 (28 U.S.C. 2672). § 511.11 Acceptance of award.

The acceptance by the claimant of any award will be final and conclusive on the claimant. The acceptance will constitute a complete release of any claim by reason of the same subject matter against the United States and against the employee

whose act or omission resulted in the claim. Adjudication and payment shall likewise be conclusive on all officers of the United States, unless procured by fraud. § 511.12 When litigation is involved in

claim. If a claimant does not agree to a settlement of a claim of which is considered fair and equitable by the Agency's responsible officials, the claimant, upon the final disposition thereof by the Agency, may elect to file suit. Relief from claims which are disallowed may be sought by filing suit in the U.S. District Court for the district where the claimant resides or wherein the act of omission complained of occurred. The failure of the Agency to make final disposition of a claim within 6 months after it has been filed shall, pursuant to 28 U.S.C. 2672, and at the option of the claimant at any time thereafter, is deemed a final denial of the claim. If a suit is filed against the Government involving the Agency, the Department of Justice will request the Agency to furnish the complete file on the case. The Office of the General Counsel will represent the Agency in all negotiations with the Department of Justice.



Part 601 602 603 604

Conduct of employees.
Availability of records.
Statement of organization.
Administrative claims under the Federal Tort Claims Act.


EMPLOYEES Sec. 601.735-1 Definitions.

Subpart A-Standards of Conduct 601.735-10 General. 601.735-11 Ethical and regulatory stand

ards of conduct of employess. 601.735–12 Statutes, rules, and regulations

governing conduct of em

ployees. 601.735–13 Outside employment and other

activities. 601.735–14 Gifts, entertainment, and favors. 601.735–15 Financial interests. 601.735–16 Private compensation for serve

ices to the Government. 601.735–17 Use of Government property. 601.735–18 Gambling, betting, and lotteries. 601.735-19 General conduct prejudicial to

the Government.

Sec. 601.735–33 Acceptance of invitations to

speak or to accept teaching

engagements. 601.735–34 Additional clearance measures. 601.735–35 Writing for publication. Subpart D-Counseling or Acting as Agent or

Attorney 601.735–41 Counseling foreign governments. 601.735-42 Involvement in proceedings af

fecting the United States.

Subpart E-Indebtedness 601.735–51 Policy. 601.735-52 Action by Personel Officer. 601.735-53 Action by Executive Director.

Subpart - Political Activity 601.735–61 Elections. 601.735-62 Activities punishable under the

criminal code. Subpart G-Statements of Employment and

Financial Interests 601.735–71 Employees required to submit

statements. 601.735–72 Submission of statements and

supplementary statements. 601.735–73 Contents of statements. 601.735–74 Confidentiality of statements. 601.735–75 Review of statements and report

of conflicts of interest. 601.735–76 Action by the Director.

AUTHORITY: The provisions of this part 601 issued under E.O. 11222; 3 CFR, 1964— 1965 Comp.; 5 CFR 735.104, unless otherwise noted.

SOURCE: The provisions of this Part 601 appear at 31 F.R. 4391, Mar. 15, 1966, unless otherwise noted.

Subpart B-Activities Relating to Unofficial or

Outside Organizations 601.735–21. Participation in activities of em

ployee organizations. 601.735–22 Participating in activities of

private organizations. 601.735–23 Organizations concerned with

foreign policy. 601.735–24 Membership in subversive orga


Subpart C-Teaching, Speaking, Writing for

Publication, and Related Activities 601.735-31 General policy. 601.735–32 Protecting classified informa


8 601.735-1 Definitions.

As used in this part:

(a) “ACDA” and “Agency” mean the U.S. Arms Control and Disarmament Agency.

(b) “Employee” includes anyone serving in the Agency as:

(1) A person appointed by the President and confirmed by the Senate to a position in the Agency.

(2) A person appointed by the Director or by his designee to a position in the Agency.

(3) A special Government employee.

(c) "Regular officer or employee" means an employee as defined in paragraph (b) (1) and (2) of this section.

(d) “Special Government employee" means a “special Government employee" as defined in section 202 of Title 18 of the United States Code who is employed by the Agency.

Subpart A-Standards of Conduct $ 601.735–10 General.

(a) All employees of the Arms Control and Disarmament Agency are required to conduct themselves in such a manner as to create and maintain respect for ACDA and the U.S. Government, to avoid situations which require or appear to require a balancing of private interests or obligations against official duties, to be mindful of the high standards of integrity expected of them in all their activities, both personal and official, and to conform with the standards of conduct and with the applicable statutes, rules, and regulations governing their activities. Particularly, an employee shall avoid any action, whether or not specifically prohibited, which might result in, or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to any organization or person;

(3) Impeding Government efficiency or economy;

(4) Losing complete independence or impartiality of action;

(5) Making a Government decision outside official channels;

(6) Affecting adversely the confidence of the public in the integrity of the Government;

(7) Using his Government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

(b) An officer or employee of another Federal agency, a Foreign Service officer or employee, and a member of the uniformed services as defined in 37 U.S.C. 101(3) who is assigned or loaned to the ACDA shall adhere to the standards of conduct applicable to employees as set forth in this part. $ 601.735–11 Ethical and regulatory

standards of conduct of employees. The Code of Ethics for Government Service set forth by the Legisltive Branch in House Concurrent Resolution 175, passed in 1958; Standards of Ethical Conduct for Government Officers and Employees set forth by the President in Executive Order 11222, dated May 8, 1965, and in the regulations issued by the Civil Service Commission pursuant to that Executive order (5 CFR Part 735); statutes, rules, and regulations governing conduct of employees; and regulations set forth in the ACDA Manual shall govern ACDA employees in their service to the Government. 8 601.735–12 Statutes, rules, and regu

lations governing conduct of em

ployees. (a) Conflict of interest statutes. The provisions of 18 U.S.C. 203, 205, 207, 208, and 209 prohibiting conflicts of interest between an employee's Government duties and his outside activities are summarized in specific sections of this part 601.

(b) Other statutory provisions quoted or summarized. This Part 601 contains numbered sections, applicable particularly to ACDA employees, based on statutes specified in each section.

(c) Miscellaneous statutory provisions. In addition to the statutory provisions referred to in paragraphs (a) and (b) of this section, ACDA employees must observe the following:

(1) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the “Code of Ethics for Government Service”.

(2) Chapter 11 of Title 18, United States Code, relating to bribery, graft,

1 Under the Arms Control and Disarmament Act, such an employee may not serve the Agency for more than one hundred days in any fiscal year.

and conflicts of interest, as appropriate (d) Sources of information and adto the employees concerned.

vice. General information on statutes, (3) The prohibition against lobbying rules and regulations governing the conwith appropriated funds (18 U.S.C. duct of employees may be obtained from 1913).

the Office of the Executive Director. (4) The prohibitions against disloyalty Specific information may be obtained and striking (5 U.S.C. 7311, 18 U.S.C. from the United States Code, from the 1918).

Federal Personnel Manual, and from the (5) The prohibition against the em- ACDA Manual, all of which are available ployment of a member of a Communist in the Office of the Executive Director organization (50 U.S.C. 784).

and in the Office of the General Coun(6) The prohibitions against (i) the sel. Clarification of standards of condisclosure of classified information (18 duct and related laws, rules, and reguU.S.C. 798, 50 U.S.C. 783); (ii) the dis- lations and advice on their applicability closure of confidential information (18 to individual situations may be obtained U.S.C. 1905); and (iii) the disclosure of from the counselor or deputy counselor privileged information to be withheld for the Agency, in the Office of the Genunder the exemptions of the Public In- eral Counsel. formation Section of the Administra- (e) Responsibility of employees. It is tive Procedures Act (5 U.S.C. 552). the responsibility of each employee (1)

(7) The provision relating to the to familiarize himself with the full text habitual use of intoxicants to excess (5 of applicable statutes, rules, and regulaU.S.C. 7352).

tions before engaging in outside employ(8) The prohibitions against the mis- ment, financial activity which might use of a Government vehicle (31 U.S.C.

involve a conflict of interest, or other 638a (c)).

activity which might involve a viola(9) The prohibition against the mis- tion of standards of ethical conduct or use of the franking privilege (18 U.S.C. of statutory or regulatory restrictions, 1719).

and (2) to secure the advice or approval (10) The prohibition against the use of his supervisor and any other desigof deceit in an examination or person- nated Agency official before he engages nel action in connection with Govern- in the contemplated activity. ment employment (18 U.S.C. 1917).

(f) Penalties for violation. Violations (11) The prohibition against fraud or subject employees to remedial or discifalse statement in a Government matter plinary action by ACDA in addition to (18 U.S.C. 1001).

the penalty prescribed by the particular (12) The prohibition against mutilat- statute, rule, or regulation that has been ing or destroying a public record (18 violated. U.S.C. 2071).

[31 F.R. 4391, Mar. 15, 1966, as amended at (13) The prohibition against counter- 32 F.R. 12944, Sept. 12, 1967] feiting and forging transportation requests (18 U.S.C. 508).

§ 601.735–13 Outside employment and (14) The prohibitions against (i) em

other activities.' bezzlement of Government money or (a) An employee may not engage in property (18 U.S.C. 641); (ii) failing to any outside employment or other outside account for public money (18 U.S.C. activities that might involve a conflict, 643); and (iii) embezzlement of the or an apparent conflict, of interest bemoney or property of another person in tween his official Government duties and the possession of an employee by reason responsibilities and his own private inof his employment (18 U.S.C. 654).

terests or those of persons with whom he (15) The prohibition against unau

has family, business, or financial ties thorized use of documents relating to

(see also $ $ 601.735-16 and 601.735-22). claims from or by the Government (18 U.S.C. 285).

(b) It is further required that: (16) The prohibitions against politi

(1) The employee's performance in his cal activities in subchapter III of chap- ACDA position not be adversely affected ter 73 of title 5, United States Code, and by the outside work. 18 U.S.C. 602, 603, 607, and 608.

(2) The employee's outside work not (17) The prohibition against an em- reflect discredit on the Government or on ployee acting as the agent of a foreign ACDA. principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). 132 F.R. 12944, Sept. 12, 1967.

« PreviousContinue »