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claims by more than one person arising § 511.8 Limitations. from a single accident or incident, in- (a) Pursuant to the provisions of secdividual claim forms shall be used. A
tion 2401(b) of title 28 of the United claim which should have been presented
States Code, a tort claim against the to the Agency, but which was mistakenly
United States shall be forever barred addressed to or filed with another Fed
unless presented in writing to the Agency eral Agency, shall be deemed to have
within two (2) years after such claim been presented to the Agency as of the
accrues. date the claim is received by the Agency.
(b) A suit may not be filed until the If a claim is mistakenly addressed to or
claim shall have been finally denied by filed with the Agency, the Agency shall
the Agency. Failure of the Agency to transfer it forthwith to the appropriate
make final disposition of the claim Agency.
within six (6) months after it has been (b) A claimant shall mail, or deliver
presented shall, at the option of the his claim to the Office of the General
claimant any time thereafter, be deemed Counsel, U.S. Information Agency, 1750
a final denial of the claim for purposes Pennsylvania Avenue NW., Washington,
of the Act and of this part. D.C. 20547.
(c) A suit shall not be filed for a sum § 511.5 Who may file claim.
greater than the amount of the claim (a) Claims for loss or damage of prop
presented to the Agency, except where
the increased amount is based upon erty may be filed by the owner of the property, or his legal representatives.
newly discovered evidence not reasonably Claims for personal injury or death may
discoverable at the time for presenting be made by the injured person or a legal
the claim to the Agency, or upon allegarepresentative of the injured or deceased
tion and proof of intervening facts, reperson. The claim, if filed by a legal
lating to amount of the claim. representative, should show the capacity § 511.9 Supporting evidence. of the person signing and be accom
(a) In support of claims for personal panied by evidence of his authority to
injury or death, the claimant should subact.
mit a written report by the attending (b) The claim and all other papers
physician. The report should show the requiring the signature of the claimant
nature and extent of injury, the nature should be signed by him personally or
and extent of treatment, the effect upon by his representative. Signatures should
earning capacity, either temporarily or be identical throughout.
permanently, the degree of permanent $ 511.6 Agency authority to adjust, de- disability, if any, the prognosis, and the
termine, compromise, and settle period of hospitalization, or incapacitaclaims and limitations upon that tion. Itemized bills for medical, hospital, authority.
or burial expenses actually incurred (a) The General Counsel of the
should be attached to report Agency, or his designee, is delegated au
(b) In support of claims for damage thority to consider, ascertain, adjust,
to property which has been or can be determine, compromise, and settle claims
economically repaired, the claimant asserted under the provisions of section
should submit at least two itemized 2672 of the Act and under this part.
signed statements, or estimates by reli(b) Limitation on Agency authority:
able, disinterested firms or itemized An award, compromise, or settlement of
signed receipts if payment has been a claim by the Agency under the pro
made. visions of section 2672 of the Act, in
(c) In support of claims for loss or excess of $25,000, shall be effected only
damage to property which is not economwith the prior written approval of the
ically repairable, the claimant should
submit statements of the original cost of Attorney General or his designee.
the property, date of purchase, and the 8 511.7 Investigations.
value of the property before and after
the accident together with a statement The Agency may request any other
setting forth the basis used in arriving Federal agency to investigate a claim
at such value. Such statements should be filed under section 2672 of the Act, or to from at least two disinterested, compeconduct a physical or mental examina- tent persons, preferably reputable dealers tion of the claimant and provide a report or other qualified persons familiar with of such examination.
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.
CHAPTER VEUNITED STATES ARMS CONTROL
AND DISARMAMENT AGENCY
Part 601 602 603 604
Conduct of employees.
PART 601-CONDUCT OF
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. 601.735-16 Financial interests. 601.735–16 Private compensation for serv
ices to the Government. 601.735–17 Use of Government property. 601.736–18 Gambling, betting, and lotteries. 601.786–19 General conduct prejudicial to
the Government. 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 witiba
foreign policy. 601.785–24 Membership in subversive orga
Sec. 601.735–33 Acceptance of invitations to
speak or to accept teaching
engagements. 601.735–34 Additional clearance measures. 601.735-36 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 Indebtedness 601.735–51 Policy. 601.735–52 Action by Personal Officer. 601.785–53 Action by Executive Director.
Subpart Political Activity 601.735 61 Elections. 601.786–82 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; 8 CFR, 1964 1965 Comp.; 5 CFR 735.104, unless otherwise noted.
SOURCE: The provisions of this Part 601 appear at 81 F.R. 4391, Mar. 16, 1966, unless otherwise noted.
Subpart – Teaching, Speaking, Writing for
Publication, and Related Activities 601.735-31 General policy. 601.735-32 Protecting classified informa
8 601.735–1 Definitions.
(6) Affecting adversely the confidence As used in this part:
of the public in the integrity of the (a) “ACDA” and “Agency” mean the
Government; U.S. Arms Control and Disarmament
(7) Using his Government employAgency.
ment to coerce, or give the appearance (b) “Employee" includes anyone serv
of coercing, a person to provide finan
cial benefit to himself or another person, ing in the ency as: (1) A person appointed by the Presi
particularly one with whom he has famdent and confirmed by the Senate to a
ily, business, or financial ties. position in the Agency.
(b) An officer or employee of another (2) A person appointed by the Direc
Federal agency, a Foreign Service officer tor or by his designee to a position in the
or employee, and a member of the uni
formed services as defined in 37 U.S.C. Agency. (3) A special Government employee.
101(3) who is assigned or loaned to the (c) "Regular officer employee”
ACDA shall adhere to the standards of
or means an employee as defined in para
conduct applicable to employees as set graph (b) (1) and (2) of this section.
forth in this part. (d) “Special Government employee” $ 601.735–11 Ethical and regulatory means a “special Government employee" standards of conduct of employees. as defined in section 202 of Title 18 of
The Code of Ethics for Government the United States Code who is employed
Service set forth by the Legisltive by the Agency.
Branch in House Concurrent Resolution
175, passed in 1958; Standards of Ethical Subpart A-Standards of Conduct Conduct for Government Officers and $ 601.735–10 General.
Employees set forth by the President in
Executive Order 11222, dated May 8, (a) All employees of the Arms Con
1965, and in the regulations issued by the trol and Disarmament Agency are re- Civil Service Commission pursuant to quired to conduct themselves in such a
that Executive order (5 CFR Part 735); manner as to create and maintain re
statutes, rules, and regulations governspect for ACDA and the U.S. Govern
ing conduct of employees; and regulament, to avoid situations which require tions set forth in the ACDA Manual shall or appear to require a balancing of pri
govern ACDA employees in their service vate interests or obligations against to the Government. official duties, to be mindful of the high
$ 601.735–12 Statutes, rules, and regustandards of integrity expected of them
lations governing conduct of emin all their activities, both personal and
ployees. official, and to conform with the stand
(a) Conflict of interest statutes. The ards of conduct and with the applicable
provisions of 18 U.S.C. 203, 205, 207, 208, statutes, rules, and regulations govern
and 209 prohibiting conflicts of interest ing their activities. Particularly, an em- between an employee's Government duployee shall avoid any action, whether ties and his outside activities are sumor not specifically prohibited, which marized in specific sections of this part might result in, or create the appear- 601. ance of:
(b) Other statutory provisions quoted (1) Using public office for private
or summarized. This Part 601 contains gain;
numbered sections, applicable particu(2) Giving preferential treatment to
larly to ACDA employees, based on any organization or person;
statutes specified in each section.
(c) Miscellaneous (3) Impeding Government efficiency
sions. In addition to the statutory proor economy;
visions referred to in paragraphs (a) (4) Losing complete independence or
and (b) of this section, ACDA employees impartiality of action;
must observe the following: (5) Making a Government decision
(1) House Concurrent Resolution 175, outside oficial channels;
85th Congress, 2d Session, 72 Stat. B12,
the "Code of Ethics for Government 1 Under the Arms Control and Disarmament Act, such an employee may not serve
Service”. the Agency for more than one hundred days (2) Chapter 11 of Title 18, United in any fiscal year.
States Code, relating to bribery, graft,