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CHAPTER ATOMIC ENERGY COMMISSION
Part 0 1 2 3 4
5 6 7 8 9 10
14 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.
35 36 37 40 50 55 60 70 71
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.
tended leave of absence from a
with the previous employer.
PART 0-CONDUCT OF EMPLOYEES
Subpart B-Conflict of Interest Restrictions
interest (based on 18 U.S.C. 208).
in claims against and other mat-
(based on 18 U.S.C. 205).
than the United States Govern-
ment (based on 18 U.S.C. 209).
matters affecting the Govern-
ment (based on 18 U.S.C. 203).
and employees in matters con-
ment and financial interests.
on Conduct of Employees
istrative Decision on Conduct of Employees
Subpart Ethical and Other Conduct and Re-
sponsibilities of Special Government Employees
Statements of Employment and
or Categories of Positions Listed
AUTHORITY: The provisions of this part o
SOURCE: The provisions of this part O ap-
ice, adopted by concurrent Resolution of
the Congress (Annex A). $ 0.735-1 Policy.
(4) Conduct themselves in such a (a) The personnel policy of the U.S. manner as to create and maintain reAtomic Energy Commission states, in spect for the AEC and the U.S. Governpart, that:
ment and avoid situations which require
or appear to require a balancing of priThe Atomic Energy Act requires the Commission to assure itself that the character,
vate interests or obligations against ofassociations, and loyalty of workers in atomic
ficial duties. energy are of a high order. Conduct and self- (5) Be mindful of the high standards discipline, both on and off the job, must of integrity expected of them in all their measure up to unusual standards * * *.
activities, personal and official. (b) Section 735.101 of the Civil Sery
(6) Not give or appear to give favored ice Commission regulations (5 CFR
treatment or competitive advantage to 735.101), issued pursuant to Executive
any member of the public, including
former employees of the AEC, appearing Order 11222, May 8, 1965, states that:
before them on their own behalf or on The maintenance of unusually high stand
behalf of any nongovernmental interest. ards of honesty, integrity, impartiality, and
(7) Recognize that violation of any of conduct by Government employees and
the instructions or statutes referred to in special Government employees is essential to assure the proper performance of the Gov- this part may subject them to discipliernment business and the maintenance of nary action by AEC in addition to the confidence by citizens in their Government. penalty prescribed by law for such vioThe avoidance of misconduct and conflicts
lation. of interest on the part of Government em- (8) Discuss with their immediate suployees and special Government employees
pervisor, or counselor, as appropriate, through informed judgment is indispensable to the maintenance of these standards
any problem arising out of this part.
(b) Supervisors: $ 0.735-2 Program objective.
(1) Inform themselves of any prob(a) The program objective is to pro
lems of their employees arising out of tect the interests of the public and em
this part, consult with the cognizant ployees by setting forth principles,
AEC counselor as appropriate, and take practices, and standards governing con
prompt action to see that the problems, if duct of employees in such a manner that
they cannot be resolved, are referred to they may be readily understood by the higher authority. individuals involved and practicably
(2) Relieve employees from assignadministered by the AEC.
ments in accordance with $ 0.735-22(a). (b) It is expected that the provisions
(c) The General Manager assumes reof this part will be observed and ad
sponsibilities assigned in $ $ 0.735–21(b) ministered in a manner which is con
0.735–22(b), 0.735–23 (d) and (e), 0.735– sistent with both their spirit and their
26 (c) and (d), and 0.735–28. letter.
(d) The Director of Regulation, Heads (c) Of necessity, because of the nature
of Divisions and Offices, Headquarters, of the criminal statutes and the subject
and Field Office Managers:
(1) Bring to the attention of apmatter involved, this part cannot deal
propriate contractors under their juwith all of the problems which may arise
risdiction those provisions of this part with regard to the conduct, including
(such as "Future Employment”; EX conflicts of interest, of employees and Parte Contacts”; “Assisting Former Emformer employees.
ployees”; “Gifts, Entertainment, and $ 0.735–3 Responsibilities and authori
Favors"; "Cancellation of Contracts”; ties.
and others) which may affect the actions
of a contractor and his employees in (a) Employees shall:
dealing with AEC employees. (1) Comply with the statutes and the
(2) Report to the Division of Inspecrules, standards of conduct, and other
tion all complaints concerning fraud, regulations set forth in this part.
graft, corruption, diversion of AEC as(2) Consult the full text of applicable sets, and misconduct of AEC employees; statutes as to whether an action in ques- take action as a result of investigations; tion may in any way violate the statutes. and report on action taken, as provided
(3) Be guided in all their actions by in AEC Manual Chapter 0702, “Reporting the Code of Ethics for Government Serv- and Investigating Irregularities."
(3) Assume responsibilities assigned in $8 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:
(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.
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 AEC, or which draws substantially on official data or ideas which have not become part of the body of public information. 8 0.735-6 National emergency applica
tion. The provisions of this part continue in effect without modification in a national emergency. Subpart B-Conflict of Interest
Restrictions $ 0.735-20 General.
(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.
(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 $ 0.735–28 to furnish a statement of employment and financial interests if they are performing duties of a position specified in $ 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.
(b) Cancellation of contracts. The 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
(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 conAict 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