The Code of Federal Regulations of the United States of America

The Atomic Energy Act requires the Commission to assure itself that the character, associations, and loyalty of workers in atomic energy are of a high order. Conduct and selfdiscipline, both on and off the job, must measure up to unusual standards *

(b) Section 735.101 of the Civil Service Commission regulations (5 CFR 735.101), issued pursuant to Executive Order 11222, May 8, 1965, states that:

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards *

§ 0.735-2 Program objective.

(a) The program objective is to protect the interests of the public and employees by setting forth principles, practices, and standards governing conduct of employees in such a manner that they may be readily understood by the individuals involved and practicably administered by the AEC.

(b) It is expected that the provisions of this part will be observed and administered in a manner which is consistent with both their spirit and their letter.

(c) of necessity, because of the nature of the criminal statutes and the subject matter involved, this part cannot deal with all of the problems which may arise with regard to the conduct, including conflicts of interest, of employees and former employees.

$ 0.735-3 Responsibilities and authorities.

(a) Employees shall:

(1) Comply with the statutes and the rules, standards of conduct, and other regulations set forth in this part.

(2) Consult the full text of applicable statutes as to whether an action in question may in any way violate the statutes.

(3) Be guided in all their actions by the Code of Ethics for Government Serv

ice, adopted by concurrent Resolution of the Congress (Annex A).

(4) Conduct themselves in such a manner as to create and maintain respect for the AEC and the U.S. Government and avoid situations which require or appear to require a balancing of private interests or obligations against official duties.

(5) Be mindful of the high standards of integrity expected of them in all their activities, personal and official.

(6) Not give or appear to give favored treatment or competitive advantage to any member of the public, including former employees of the AEC, appearing before them on their own behalf or on behalf of any nongovernmental interest.

(7) Recognize that violation of any of the instructions or statutes referred to in this part may subject them to disciplinary action by AEC in addition to the penalty prescribed by law for such violation.

(8) Discuss with their immediate supervisor, or counselor, as appropriate, any problem arising out of this part. (b) Supervisors:

(1) Inform themselves of any problems of their employees arising out of this part, consult with the cognizant AEC counselor as appropriate, and take prompt action to see that the problems, if they cannot be resolved, are referred to higher authority.

(2) Relieve employees from assignments in accordance with § 0.735-22(a). (c) The General Manager assumes responsibilities assigned in §§ 0.735-21(b), 0.735-22(b), 0.735–23 (d) and (e), 0.73526 (c) and (d), and 0.735-28.

(d) The Director of Regulation, Heads of Divisions and Offices, Headquarters, and Field Office Managers:

(1) Bring to the attention of appropriate contractors under their jurisdiction those provisions of this part (such as "Future Employment"; Ex Parte Contacts"; "Assisting Former Employees"; "Gifts, Entertainment, and Favors"; "Cancellation of Contracts"; and others) which may affect the actions of a contractor and his employees in dealing with AEC employees.

(2) Report to the Division of Inspection all complaints concerning fraud, graft, corruption, diversion of AEC assets, and misconduct of AEC employees; take action as a result of investigations; and report on action taken, as provided in AEC Manual Chapter 0702, "Reporting and Investigating Irregularities."

(3) Assume responsibilities assigned in $ 0.735-21(b), 0.735-22(b), 0.735-23 (d), 0.735-27, 0.735-28, and 0.735-40(b). (e) Field Office Managers, and the Director, Division of Personnel, Headquarters:

(1) Provide a copy of this part to each employee and special Government employee, and to each such new employee at the time of his entrance on duty.

(2) Provide a copy of all revisions to each employee and special Government employee.

(3) Bring the provisions of this part to the attention of each employee and special Government employee annually, and at such other times as circumstances warrant.

(4) Assure the availability of counseling services under paragraph (h) of this section to each employee and special Government employee.

(5) Have available for review by employees and special Government employees, as appropriate, copies of laws, Executive Order 11222, AEC regulations, and pertinent Civil Service Commission regulations and instructions relating to ethical and other conduct.

(6) Notify employees and special Government employees at time of entrance on duty and periodically thereafter of the availability of counseling services under paragraph (h) of this section and how and where these services are available.

(f) The Director, Division of Personel, Headquarters, assumes the responsibilities assigned in §§ 0.735-40 (b) and 0.735-49.

(g) The Director, Division of Inspection, Headquarters, investigates all questions of employees' conduct, fraud, etc., in AEC, in accordance with AEC Manual Chapter 0702.

(h) The General Counsel:

(1) Is the counselor for AEC.

(2) Serves as AEC's designee to the Civil Service Commission on matters covered by this part.

(3) Designates deputy counselors for the Headquarters and for field offices.

(4) Coordinates counseling services, and assures that counseling and interpretations on questions of conflicts of interest and other matters covered by the part are available to deputy counselors.

(5) Carries out the specific responsibilities assigned in §§ 0.735-27, 0.735-28, and 0.735-49 (b).

(a) "Commission" means the Commission of five members or a quorum thereof sitting as a body, as provided by section 21 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2031.

(b) "AEC" means the agency established by the Atomic Energy Act of 1954, as amended, comprising the members of the Commission and all officers, employees, and representatives authorized to act in any case or matter, whether clothed with final authority or not.

(c) "Employee" means an AEC officer or employee, and, insofar as statutory and Executive order restrictions are concerned, a member of the Commission, but does not include (unless otherwise indicated) a special Government employee, a member of the Uniformed Services, or an employee of another Government agency assigned or detailed to the AEC.

(d) "Former employee" means a former AEC officer or employee as defined in paragraph (c) of this section, plus a former special Government employee, as defined in paragraph (e) of this section, a former member of the Commission and a former member of the Uniformed Services (other than enlisted personnel) assigned or detailed to the AEC.

(e) "Special Government employee" means an officer or employee of the AEC, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a fulltime or intermittent basis. The term includes AEC consultants, experts, and members of advisory boards, but does not include a member of the Uniformed Services.

(f) "Official responsibility" means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.

(g) "Organization," as used in this part in connection with 18 U.S.C. 208, means universities, foundations, nonprofit research entities and similar nonprofit organizations, States, counties and municipalities and subdivisions thereof as well as business organizations.

(h) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(i) "Uniformed services" has the meaning given that term by 37 U.S.C. 101(3).

§ 0.735-5 Basic requirements.

(a) Applicability. The provisions of this part apply to all current and former AEC employees and special Government employees. Except for $ 0.735-28, the provisions of this part are not applicable to members of the Uniformed Services or employees of other Government agencies assigned or detailed to the AEC. Members of the Uniformed Services and employees of other Government agencies assigned or detailed to the AEC are required by 8 0.735-28 to furnish a statement of employment and financial interests if they are performing duties of a position specified in 8 0.735-28(a). However, a member of the Uniformed Services or an employee of another Government agency assigned or detailed to the AEC is not relieved of his responsibilities under regulations or code of conduct prescribed by his parent military service or employing agency.

The

(b) Cancellation of contracts. Commission reserves the right to declare void, in accordance with law, any contract negotiated or administered in violation of the provisions of AEC regulations, or statute.

(c) Scope of part. This part incorporates the statutes, the instructions and specific procedures, pertaining to an employee's conduct.

(d) Construction of criminal or civil statutes. The paraphrased version of any criminal or civil statute in this part shall not constitute a binding interpretation thereof upon the AEC or the Federal Government.

(e) Certifications. Certifica tions called for by §§ 0.735-23 (e) and 0.735-26 (c) and (d), shall be submitted for publication in the FEDERAL REGISTER.

(f) Disciplinary and other remedial action. (1) A violation of the regulations in this part by an employee or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

(2) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

(g) Presidential appointees. Presidential appointees covered by section 401(a) of Executive Order 11222 shall not receive compensation or anything of

(a) Part I, "Policy," of Executive Order 11222 states:

Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions.

(b) The elimination of conflicts of interest in the Federal service is one of the most important objectives in establishing general standards of conduct. A conflict of interest situation may exist where a Federal employee's private interests, usually of an economic form, conflict, or raise a reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or only apparent.

(c) An employee, including special Government employee, shall not: (1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his Government duties and responsibilities; or (2) engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment.

(d) An employee, including special Government employee, is not precluded from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law, Executive Order 11222, Civil Service Commission regulations, or the regulations in this part.

(e) Certain provisions in 18 U.S.C. 201-209, dealing with conflicts of in

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