(c) In support of claims for loss or damage to property which is not economically repairable, the claimant should submit statements of the original cost of the property, date of purchase, and the value of the property before and after the accident together with a statement setting forth the basis used in arriving at such value. Such statements should be from at least two disinterested, competent persons, preferably reputable dealers or other qualified persons familiar with the type of property in question. § 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.

(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.1

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;

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.

(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

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.

§ 601.735-12 Statutes, rules, and regulations governing conduct of employees.

(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,

and conflicts of interest, as appropriate to the employees concerned.

(3) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(4) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(5) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(6) The prohibitions against (i) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); (ii) the disclosure of confidential information (18 U.S.C. 1905); and (iii) the disclosure of privileged information to be withheld under the exemptions of the Public Information Section of the Administrative Procedures Act (5 U.S.C. 552).

(7) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(8) The prohibitions against the misuse of a Government vehicle (31 U.S.C. 638a (c)).

(9) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(10) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(11) The prohibition against fraud or false statement in a Government matter (18 U.S.C. 1001).

(12) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(13) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(14) The prohibitions against (i) embezzlement of Government money or property (18 U.S.C. 641); (ii) failing to account for public money (18 U.S.C. 643); and (iii) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(15) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(16) The prohibitions against political activities in subchapter III of chapter 73 of title 5, United States Code, and 18 U.S.C. 602, 603, 607, and 608.

(17) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(d) Sources of information and advice. General information on statutes, rules and regulations governing the conduct of employees may be obtained from the Office of the Executive Director. Specific information may be obtained from the United States Code, from the Federal Personnel Manual, and from the ACDA Manual, all of which are available in the Office of the Executive Director and in the Office of the General Counsel. Clarification of standards of conduct and related laws, rules, and regulations and advice on their applicability to individual situations may be obtained from the counselor or deputy counselor for the Agency, in the Office of the General Counsel.

(e) Responsibility of employees. It is the responsibility of each employee (1) to familiarize himself with the full text of applicable statutes, rules, and regulations before engaging in outside employment, financial activity which might involve a conflict of interest, or other activity which might involve a violation of standards of ethical conduct or of statutory or regulatory restrictions, and (2) to secure the advice or approval of his supervisor and any other designated Agency official before he engages in the contemplated activity.

(f) Penalties for violation. Violations subject employees to remedial or disciplinary action by ACDA in addition to the penalty prescribed by the particular statute, rule, or regulation that has been violated.

[31 F.R. 4391, Mar. 15, 1966, as amended at 32 F.R. 12944, Sept. 12, 1967]

§ 601.735-13 Outside employment and other activities.1

(a) An employee may not engage in any outside employment or other outside activities that might involve a conflict, or an apparent conflict, of interest between his official Government duties and responsibilities and his own private interests or those of persons with whom he has family, business, or financial ties (see also §§ 601.735-16 and 601.735-22). (b) It is further required that:

(1) The employee's performance in his ACDA position not be adversely affected by the outside work.

(2) The employee's outside work not reflect discredit on the Government or on ACDA.

132 F.R. 12944, Sept. 12, 1967.