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CHAPTER ATOMIC ENERGY COMMISSION
Part 0 1 2 3 4
5 6 7 8 9 10
20 25 30 31
Conduct of employees.
tion of Title VI of the Civil Rights Act of 1964.
Data or defense information.
material contained in certain items.
erally licensed items containing byproduct material.
81 83 95 100 110 115
General rules of procedure on applications for determination of reasonable
royalty fee, just compensation, or the grant of an award for patents, in
ventions, or discoveries.
130 140 150
PART 0-CONDUCT OF EMPLOYEES
Subpart A-General Sec. 0.735-1 Policy. 0.735-2 Program objective. 0.735-3 Responsibilities and authorities. 0.735–4 Definitions. 0.735-5 Basic requirements. 0.735-6 National emergency application.
Subpart B-Conflict of Interest Restrictions 0.735–20 General. 0.735–21 Acts affecting a personal financial
interest (based on 18 U.S.C. 208). 0.735–22 Future employment (based on 18
in claims against and other mat-
(based on 18 U.S.C. 205). 0.735–24 Receiving salary from source other
than the United States Govern
ment (based on 18 U.S.C. 209). 0.735-25 Compensation to employees in
matters affecting the Govern
ment (based on 18 U.S.C. 203). 0.735–26 Disqualification of former officers
and employees in matters con-
before AEC. 0.735-28 Confidential statements of employ
ment and financial interests. Subpart C-Other Restrictions Imposed by Statute
on Conduct of Employees 0.735–30 Description of statutory provisions.
Subpart D-Restrictions imposed by AEC Admin
istrative Decision on Conduct of Employees Sec. 0.735-40 Outside employment and other
outside activity. 0.735-41 Misuse of information. 0.73542 Gifts, entertainment, and favors. 0.735-43 Use of Government property. 0.735-44 Scandalous conduct. 0.735-45 Employee indebtedness. 0.735-46 Gambling, betting, and lotteries. 0.735–47 Handling of funds entrusted by
fellow employees. 0.735-48 Ex parte contacts. 0.735-49 Employment of persons on ex
tended leave of absence from a previous employer with reemployment rights or other benefits
with the previous employer. Subpart Ethical and Other Conduct and Re
sponsibilities of Special Government Employees
Statements of Employment and
or Categories of Positions Listed
in Annex B. AUTHORITY: The provisions of this part 0 issued under E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104.
SOURCE: The provisions of this part o appear at 31 F.R. 4502, Mar. 17, 1966, unless otherwise noted.
Subpart A-General $ 0.735–1 Policy.
(a) The personnel policy of the U.S. Atomic Energy Commission states, in part, that:
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 Seryice 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 authori
(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 Sery
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.
(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 Goyernment 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:
(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).
$ 0.735–4. Definitions.
(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 monetary value for any consultation, lecmeaning given that term by 37 U.S.C. ture, discussion, writing, or appearance 101(3).
the subject matter of which is devoted $ 0.735–5 Basic requirements.
substantially to the responsibilities, pro
grams, or operations of AEC, or which (a) Applicability. The provisions of draws substantially on official data or this part apply to all current and former ideas which have not become part of the AEC employees and special Government body of public information. employees. Except for $ 0.735–28, the
$ 0.735–6 National emergency applicaprovisions of this part are not applicable
tion. to members of the Uniformed Services or employees of other Government agen- The provisions of this part continue cies assigned or detailed to the AEC. in effect without modification in a naMembers of the Uniformed Services and tional emergency. employees of other Government agencies
Subpart B-Conflict of Interest assigned or detailed to the AEC are re
Restrictions quired by $ 0.735–28 to furnish a statement of employment and financial in
$ 0.735-20 General. terests if they are performing duties of a position specified in $ 0.735–28(a).
(a) Part I, “Policy,” of Executive Or
der 11222 states: However, a member of the Uniformed Services or an employee of another Gov- Where government is based on the conernment agency assigned or detailed to sent of the governed, every citizen is entitled the AEC is not relieved of his responsi
to have complete confidence in the integrity bilities under regulations or code of con
of his government. Each individual officer,
employee, or adviser of government must duct prescribed by his parent military
help to earn and must honor. that trust by service or employing agency.
his own integrity and conduct in all official (b) Cancellation of contracts. The actions. Commission reserves the right to declare
(b) The elimination of conflicts of invoid, in accordance with law, any con
terest in the Federal service is one of the tract negotiated or administered in violation of the provisions of AEC regula
most important objectives in establishing
general standards of conduct. A contions, or statute. (c) Scope of part. This part incorpo
flict of interest situation may exist where rates the statutes, the instructions and a Federal employee's private interests, specific procedures, pertaining to an em- usually of an economic form, conflict, or ployee's conduct.
raise a reasonable question of conflict (d) Construction of criminal or civil with his public duties and responsibilities. statutes. The paraphrased version of The potential conflict is of concern any criminal or civil statute in this part whether it is real or only apparent. shall not constitute a binding interpre
(c) An employee, including special tation thereof upon the AEC or the Fed
Government employee, shall not: (1) eral Government.
Have a direct or indirect financial inter(e) Certifications. Certifica tions called for by $ $ 0.735–23(e) and
est that conflicts substantially, or ap0.735–26 (c) and (d), shall be submitted
pears to conflict substantially, with his for publication in the FEDERAL REGISTER.
Government duties and responsibilities; (f) Disciplinary and other remedial or (2) engage in, directly or indirectly, action. (1) A violation of the regula- a financial transaction as a result of, or tions in this part by an employee or spe- primarily relying on, information obcial Government employee may be cause tained through his Government employfor appropriate disciplinary action which
ment. may be in addition to any penalty pre
(d) An employee, including special scribed by law.
Government employee, is not precluded (2) Remedial action, whether disciplinary or otherwise, shall be effected in
from having a financial interest or enaccordance with any applicable laws,
gaging in financial transactions to the Executive orders, and regulations.
same extent as a private citizen not em(g) Presidential appointees. Presi- ployed by the Government so long as it dential appointees covered by section is not prohibited by law, Executive Order 401(a) of Executive Order 11222 shall 11222, Civil Service Commission regulanot receive compensation or anything of tions, or the regulations in this part.