(b) Responsibility of the Executive Director. The Executive Director of the Agency shall be responsible for consulting with representatives of any employee organization or organizations: (1) To determine policies and procedures with respect to recognition of employee organizations; (2) to establish procedures for determining appropriate employee units; (3) to formulate policies and practices regarding consultation with representatives of employee organizations, other organizations and individual employees; and (4) to set policies with respect to the use of Agency facilities by employee organizations. § 601.735-22 Participating in activities of private organizations. (a) In participating in the programs and activities of any private organization, employees shall make clear that such participation constitutes neither official ACDA connection with such organization nor official sponsorship or sanction of the viewpoints they may express as individuals. (b) In such participation, employees may not accept a fee, compensation, gift, payment of expense, or any other thing of monetary value (see also § 601.735–14) in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest or otherwise reflect discredit upon the Government. (c) A regular officer or employee may not permit the use of his name in the advertising matter of any organization commercializing the result of research work conducted by the Agency, or through contract with the Agency, nor may he accept office in such organization. § 601.735-23 Organizations concerned with foreign policy. With respect to private organizations which are concerned with foreign policy or international relations, either in general or in some specific economic, political or cultural field, the following rules shall apply: (a) Regular officers and employees. (1) Unless specially permitted to do so, no regular officer or employee shall serve as an adviser, officer, director, teacher, sponsor, committee chairman, or in any official capacity, or permit his name to be used on a letterhead, regardless of whether his title or his connection with ACDA is mentioned. This is not intended to restrict ordinary membership in any organization. (2) Special permission to assume or to continue a connection prohibited by the above paragraph may be granted in cases where the interests of the Government and ACDA would not be adversely affected. To request such permission, or to determine whether the provisions of this section are applicable to a particular case, the employee shall address to the Executive Director a memorandum setting forth the pertinent facts. He will consult other interested Bureaus and Offices and grant or refuse the requested permission. (b) Special Government employees. A special Government employee is restricted only in that he may not use his ACDA designation as consultant or adviser except in connection with his work for ACDA. § 601.735-24 Membership in subversive organizations. The provisions of 5 U.S.C. 7311 are quoted for the information of all employees: An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) Advocates the overthrow of our constitutional form of government; (2) Is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) Participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) Is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. [32 F.R. 12944, Sept. 12, 1967] Subpart C-Teaching, Speaking, Writing for Publication, and Related Activities Examiners for the Foreign Service, that depends on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the agency head gives written authorization for use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401(a) of the order shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of his agency, or which draws substantially on official data or ideas which have not become part of the body of public information. (E.O. 11408, 33 F.R. 6459; 3 CFR, 1968 Comp.) [33 F.R. 9167, June 21, 1968] § 601.735-32 Protecting classified information. No employee shall include in any public course of instruction, speech, panel discussion, or related activity any classified information or material to which he has access through his ACDA employment. Participation of ACDA personnel in speaking engagements can greatly assist public understanding of U.S. arms control and disarmament policies and positions. In order, however, to reduce risk of unintentional security disclosure or contravention of Government policy, ACDA employees, including special Government employees, shall obtain prior approval, as follows: (a) Acceptance of invitations to speak. Any invitation to appear as a representative of the Agency or to speak, comment, or participate in a conference on matters related to its work shall be referred to the Public Affairs Office for decision and action. Information on the sponsoring organization, date, place, subject matter, type of audience, and estimated travel expenses as indicated on an Agency form must be in the Public Affairs Office before invitations may be accepted. The Public Affairs Office shall control all negotiations with the prospective host and may authorize or approve outside 36-045-70- -25 payment of travel and reasonable subsistence expenses under appropriate circumstances. (b) Clearance of texts of public addresses. The full text or detailed outline (as agreed by the employee and Public Affairs Adviser) of each public address on U.S. foreign policy or ACDA activities shall be submitted to the Public Affairs Adviser for clearance with the Agency Classification Officer and for appropriate clearance within ACDA and, as deemed necessary, outside the Agency. (c) Release to news media. The text or outline of any public address, after clearance and coordination, may be released to news media by the Public Affairs Adviser, if appropriate. (d) Professional meetings and conferences. When an employee is invited to participate in a public professional meeting, conference, or discussion panel on matters related to the work of the Agency where, because of the nature of the public appearance, no prepared script or outline will be available for clearance. the employee must obtain clearance of acceptance from the Public Affairs Adviser and from the Agency Classification Officer. The participant himself is responsible for ensuring that his remarks involve no violation of security and are consistent with United States policy. (e) Acceptance of teaching engagements. (1) Any employee who contemplates acceptance of a teaching engagement shall notify the public Affairs Adviser of his intention. He shall also submit to the Office of the Executive Director information covering the name of the educational institution, the frequency of classes and periods of time involved, and a comprehensive description of the course to be taught. If the subject matter does not involve United States policy or ACDA activities, the Executive Director may approve acceptance of the teaching engagement. If the subject matter includes either of the above-mentioned matters, only the Director of ACDA may approve the employee's acceptance of the teaching engagement. All approvals of teaching engagements must be renewed prior to the beginning of each school year. (2) Exception: A special Government employee must obtain the required clearances only when the subject matter involves U.S. policy or ACDA activities to which he is privy through his ACDA employment. (b) Exception: The exception to § 601.735-33(e) (1) applies. § 601.735-35 Writing for publication. (a) Occasionally officers of ACDA have prepared documents pertinent to arms control and disarmament for publication other than in the official capacity of the Public Affairs Adviser or of the Office of the General Counsel in its congressional liaison functions. The Agency welcomes such activity as being in keeping with one of its four major functions-"the dissemination and coordination of public information concerning arms control and disarmament.' However, all such documents authored by ACDA personnel, which bear directly or indirectly on matters involving the functions, activities, operations, or interests of ACDA, or which deal with U.S. foreign policy, must receive appropriate Agency clearance for publication. This is true whether or not a document for publication is prepared within the scope of an ACDA employee's official duties. (b) Authorization for publication: (1) Clearance of a document for publication is primarily a function of the Public Affairs Adviser, but other components of the Agency share a responsibility for clearance. (2) Prior to submitting the document to the Public Affairs Adviser, the author shall obtain clearance of the document from his own bureau or office head; obtain clearance of the document from ACDA's Security Classification Officer; and obtain additional clearances within ACDA and from other Government agencies as deemed appropriate by his bureau or office head. (3) When requesting clearance by the Public Affairs Advisers, the author shall submit to the Public Affairs Adviser a copy of the document to be reviewed together with a memorandum detailing the nature of his request, indicating whether the document proposed for publication would note the author's connection with ACDA, stating whether an honorarium or any form of remuneration is involved and noting compliance with the requirements specified under subparagraphs (1) and (2) of this paragraph. (4) The Public Affairs Adviser shall be responsible for making a final determination on the propriety of publication and, if publication is approved, on the extent of attribution or nonattribution to the Agency, the adequacy of the disclaimer if attribution is made, and the propriety of an honorarium or other form of remuneration if this factor is involved The Public Affairs Adviser shall obtain the approval of the Office of the General Counsel on the acceptance of an honorarium and may seek the General Counsel's recommendation on other pertinent matters. (E.O. 11408, 33 F.R. 6459; 3 CFR, 1968 Comp.) [31 F.R. 4391, Mar. 15, 1966, as amended at 33 F.R. 9167, June 21, 1968] Subpart D-Counseling or Acting as Agent or Attorney § 601.735-41 Counseling foreign gov. ernments. No employee or former employee shall, without authority of the United States directly or indirectly commence or carry on any correspondence or intercourse with any foreign government or any agent thereof, with intent to influence the measures or conduct of any foreign government or of any agent thereof, in relation to any disputes or controversies with the United States, or to defeat measures of the United States. (See 18 U.S.C. 953.) However, this section shall not abridge the right of a citizen to apply, himself or through his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. § 601.735-42 Involvement in proceed. ings affecting the United States. (a) Regular officers and employees. (1) A regular officer or employee of ACDA may not, except in the discharge of his official duties represent anyone else, for pay or without pay, before a court or Government agency in a matter in which the United States is a party or has an interest (18 U.S.C. 203 and 205). (2) Exceptions: The following exceptions relating to sections 203 and 205 apply to a regular officer or employee: (i) He may represent another person, without compensation, in a disciplinary, loyalty, or other personnel matter if not inconsistent with the faithful performance of his duties. (ii) He may give testimony under oath or make statements required to be made under penalty for perjury or contempt. (iii) He may represent with or without compensation, his parents, spouse, child, or a person or estate he serves as a fiduciary provided: (a) The matter is not one in which he has participated personally and substantially as a Government employee or which is the subject of his official responsibility, and (b) the Executive Director approves. (b) Special Government employees. (1) A special Government employee may not, except in the discharge of his official duties, represent anyone else, for pay or without pay. (i) 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 (18 U.S.C. 203 and 205). (ii) In a matter pending before the agency he serves unless he has served there on no more than 60 days during the past 365 (18 U.S.C. 203 and 205). He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially. (2) Exceptions: The following exceptions relating to section 203 and 205 apply to a special Government employee: (i) The exceptions specified in paragraph (a) (2) of this section for regular officers and employees, and also, (ii) He may be allowed by the Director of ACDA to act as agent or attorney for his regular employer or for another person in the performance of work under an ACDA grant or contract provided: (a) The Director certifies in writing that the national interest requires it, and (b) the certification is submitted for publication in the FEDERAL REGISTER. (c) Former employees. A former regular officer or employee of ACDA, as well as a former special Government employee, is restricted as follows: (1) (i) 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 a direct and substantial interest and in which he participated personally and substantially for the Government (18 U.S.C. 207 (a)). (ii) Exceptions: This section of 18 U.S.C. permits the following exception for both regular and special Government employees: The Director of ACDA, notwithstanding anything to the contrary in the provisions of subsections 207 (a) and (b) of Title 18, U.S. Code, may permit a former officer or employee with outstanding scientific or technological qualifications to act as agent or attorney or to appear personally in connection with a particular matter in a scientific or technological field if the Director makes a certification in writing submitted for publication in the FEDERAL REGISTER that the national interest would be served by such action or appearance by the former officer or employee. (2) (i) He may not, for one 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 interest and which was within the boundaries of his official responsibility during the last year of his Government service (18 U.S.C. 207(b)). (ii) Exceptions: The exceptions to subparagraph (1) of this paragraph apply. Subpart E-Indebtedness § 601.735-51 Policy. An employee of ACDA is required to pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. § 601.735-52 Action by Personnel Offi cer. Upon receipt of a letter of complaint against an employee from an alleged creditor, the Personnel Officer, after consulting an attorney in the Office of the General Counsel, where appropriate, will notify the employee and will determine whether the alleged debt is a "just financial obligation"; such as one acknowledged by the employee or reduced to judgment by a court. If the debt is determined to be a just financial obligation, the Personnel Officer will give the employee any appropriate assistance, other than financial, toward payment of the debt in a "proper and timely manner"; that is, in a manner that does not, under the circumstances, reflect adversely on If an employee ignores his just financial obligations, despite efforts to assist him, the Personnel Officer shall recommend to the Executive Director that appropriate administrative action be taken. Subpart F-Political Activity § 601.735-61 Elections. (a) All employes retain the right to vote as they choose and to express their opinions on all political subjects and candidates (5 U.S.C. 7324). (b) The prohibitions contained in 5 U.S.C. 7324 against using official authority or influence to interfere with or affect the result of an election; or against taking active part in political management or in political campaigns must be observed. (c) Exception: Special Government employees are subject to the political activity restrictions set forth in 5 U.S.C. 7324 while in an active duty status only and for the entire 24 hours of any day of actual employment. [32 F.R. 12944, Sept. 12, 1967] § 601.735-62 Activities under the criminal code. punishable All employees are prohibited from the following activities under pain of criminal penalty: (a) Soliciting political contributions generally (18 U.S.C. 602) and in Federal installations (18 U.S.C. 603). (b) Making political contributions to "any other officer, clerk, or person in the service of the United States, or to any Senator or Member or Delegate to Congress or Resident Commissioner" toward the promotion of any political object (18 U.S.C. 607). (c) Contributing more than $5,000 during any calendar year toward the campaign, nomination, or election of a candidate for an elective Federal office; or purchasing "any goods, commodities, advertising, or articles * * *, the proceeds of which, or any portion thereof, directly or indirectly inures to the benefit of or (a) The following employees of ACDA (and persons assigned or loaned to ACDA) are required to submit statements of employment and financial interests: (1) The Deputy Director. (3) Deputy Assistant Directors. (7) The Assistant Contracting Officer. (8) The Chairman of the Research Council. (9) Attorneys in grades GS-13 and above who exercise procurement responsibilities. (10) All special Government ployees. em (b) The Agency's grievance procedures are available to any employee who complains that his position has been improperly included under the Agency's regulations as one requiring the submission of a statement of employment and financial interests. [32 F.R. 12944, Sept. 12, 1967] § 601.735-72 Submission of statements and supplementary statements. (a) Regular officers and employees. Each employee coming within the list in § 601.735-71(a) (1) through (9) must submit a fully completed ACDA Form 18 in duplicate to the Office of the General Counsel no later than: (1) Ninety days after the effective date of the regulations in this part if employed on or before that effective date; or (2) 30 days after he becomes subject to the reporting requirements by occupying a position covered under § 601.735-71(a) (1) through (9) if he occupies the position after that effective date. Changes in, or additions to, the information contained in an employee's statement of employment and financial interest shall be reported in a supplementary statement (ACDA Form 18) as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of |