in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are required to be included in an employee's statement.

(ii) Precise amounts of financial interests, indebtedness, or value of real property. The employee may, however, at a later time be required to reveal precise amounts if the NRC needs that information in order to carry out its responsibilities under applicable laws and regulations.

(iii) Remote or inconsequential financial interests, as set forth in § 0.73521(c).

(iv) For special Government employees: Those financial interests which are determined by the official responsible for such employee's appointment as not to be related either directly or indirectly to the duties and responsibilities of said employee.

(5) Supplementary statements. Changes in, or additions to, the information contained in a regular Government employee's statement shall be reported by the employee in a supplementary statement as of June 30 each year, filled within 10 days thereof. Changes in, or additions to, the information contained in a special Government employee's statement shall be reported by the special Government employee in a supplementary statement within 10 days following the end of the calendar quarter in which the changes occur. Quarters end March 31, June 30, September 30, and December 31. The forms prescribed in subparagraph (1) of this paragraph shall be used for this purpose and plainly marked "Supplementary". The changes and additions shall be identified in terms of the specific part(s) of the statement being modified. All changes or additions occurring during the reporting period are to be reported, not merely employment and financial interests status as of the reporting date. If there are no changes in or additions to a special Government employee's statement, a negative quarterly report is not required. However,

for the purpose of annual review, a supplementary statement by regular and special Government employees, negative or otherwise, is required as of June 30 of each year. The employee shall submit his supplementary statement to the official who would be the recipient of an initial statement from the employee, as identified in paragraph (h) of this section. Notwithstanding the filing of the report(s) required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 200 of title 18, United States Code, or this Part 0.

(e) Reviewing statements and reportin conflicts of interest. (1) The employee shall prepare the statement in triplicate, retain one copy, and submit two copies to the appropriate reviewer (see paragraph (h) of this section).

(2) The reviewer of the statement shall assess it for conflicts or the appearance of conflicts of interests in the context of the employee's assigned duties and responsibilities in NRC.

(3) If the reviewer desires advice and guidance, he may discuss the statement with the counselor or appropriate deputy counselor.

(4) The reviewer shall discuss with the employee and point out any aspects of the statement which give rise, in the reviewer's opinion, to questions of conflict or of appearance of conflict. (The reviewer shall not take, or direct the employee to take, any action with respect to such conflict without first seeking the advice of the counselor or appropriate deputy counselor.)

(5) The reviewer shall in all cases record his opinion as to the presence or absence of a conflict on both copies of the statement, and forward same to the NRC counselor or deputy counselor, as appropriate.

(6) The NRC counselor or deputy counselor shall review the statement, and discuss any questions with the reviewer and/or employee.

(7) If the NRC counselor or deputy counselor believes that the statement evidences no question of conflict of interest, he shall record his opinion on both copies of the statement, and notify the reviewer.

(8) If the NRC counselor or deputy counselor believes there is a question of conflict of interest, he shall return the

statement to the reviewer with his opinion recorded thereon. (The counselor or deputy counselor shall make his services available to the reviewer and employee involved to assist in effecting a resolution of any conflict or appearance of conflict.) The reviewer shall report to the counselor or deputy counselor the results of endeavors to effect resolution of the conflict at the employee-reviewer level, which results shall be recorded on the employee's statement and submitted to the counselor or deputy counselor for review and approval.

(9) When a statement submitted or information from other sources indicates a conflict between the interests of an employee and the performance of his services for the NRC and when the conflict or appearance of conflict is not resolved at a lower level in the NRC, the information concerning the conflict or appearance of conflict shall be reported to the Commission, its designee, or the Executive Director for Operations, as appropriate, through the counselor. The employee concerned shall be provided an opportunity to explain the conflict or appearance of conflict.

(10) When, after consideration of the explanation of the employee provided for in paragraph (e) (9) of this section, the Commission, its designee, or the Executive Director for Operations, as appropriate, decides that remedial action is required, immediate action to end the conflict or appearance of conflict of interest, shall be taken. Remedial action may include, but is not limited to:

(i) Changes in assigned duties; (ii) Divestment by the employee of his conflicting interest;

(iii) Disciplinary action; or

(iv) Disqualification for a particular assignment.

Remedial action whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations. Disciplinary remedial action with respect to an employee of another Government agency assigned or detailed to the NRC shall be effected only by the parent agency.

(11) Upon completion of processing, both NRC copies of statements shall be filed in the office of the counselor or deputy counselor, in a special file maintained for that purpose. If an NRC reviewer subsequently requires a copy of a statement for purposes of carrying out responsibilities under this part, he may re

quest same from the counselor or deputy counselor.

(12) The required supplementary statements shall be processed in the same manner as an initial statement. When an NRC reviewer or the counselor or a deputy counselor receives a supplementary statement from an employee for whom he does not have an initial statement, he shall request the file from the counselor or deputy counselor of the employee's previous office.

(f) Confidentiality of employees' statements. NRC shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality only the NRC counselor, deputy counselor(s), and those officials to whom reports are to be submitted under paragraph (h) of this section (including those employees specifically designated by them to assist in the review as may be necessary) are authorized to review the statements as provided in this section. The foregoing employees are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. NRC shall not disclose information from a statement except in accordance with procedures set forth in paragraph (e) of this section, or as the Commission, its designee, or the Executive Director of Operations, as appropriate, or the Civil Service Commission shall determine for good cause shown.

(g) Effect of employee's statements on other requirements. The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee or the absence of any requirement that an employee submit such a statement does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

(h) To whom statements are to be submitted. Submission of required statements shall be in accordance with the following:

(1) Submitted to the Commission:
(i) Executive Director for Operations.

(ii) Director of Nuclear Reactor Regulation.

(iii) Director of Nuclear Material Safety and Safeguards.

(iv) Director of Nuclear Regulatory Research.

(v) The Secretary and Assistant Secretary.

(vi) The Chairman, Atomic Safety and Licensing Board Panel.

(vii) The Chairman, Atomic Safety and Licensing Appeal Panel.

(viii) The General Counsel.
(ix) The Solicitor.

(x) The Agency Inspector and Auditor. (xi) Director, Office of Public Affairs. (xii) Director, Office of Congressional Liaison.

(xiii) Chairman, Advisory Committee on Reactor Safeguards.

(2) Submitted to the Individual Commissioners: Special Assistants.

(3) Submitted to the Executive Director for Operations.

(i) Heads of Offices reporting to him. (ii) Members of his immediate staff. (4) Submitted to the Heads of Offices and Divisions: Employees under their respective jurisdiction.

(5) Submitted to officials responsible for their appointments: Special Government employees, consultants, experts, and advisers.

(1) Availability of review. Any employee who believes that his position has been improperly included under this section as one requiring the submission of a statement of employment and financial Interests may utilize the grievance procedure in NRC Manual, Chapter 4157, for review of his complaint.

[31 FR 4502, Mar. 17, 1966, as amended at 32 FR 13651, Sept. 29, 1967; 40 FR 8775, Mar. 3, 1975; 40 FR 50704, Oct. 31, 1975]

§ 0.735-29 Restriction against owning certain security interests upon Commissioners, staff and other related personnel.

(a) No Commissioner or employee, including special government employees who are members of the Advisory Committee on Reactor Safeguards, the Atomic Safety and Licensing Board Panel, or the Atomic Safety and Licensing Appeal Panel (including a spouse, minor child or other member of the immediate household of a Commissioner, employee or such special government employee) shall own any stocks, bonds, or other securities of any corporation of the type listed in paragraph (a) (1) of this section.

(1) Corporations covered by the provisions of this section are:

(i) Any publicly or privately owned utility company engaged in the generation, distribution or sale of electric energy, or parent company of such company.

(ii) Any company manufacturing or selling nuclear power or test reactors.

(iii) Any architectural-engineering company primarily engaged in the design or construction of nuclear power or test reactor facilities.

(iv) Any company whose business consists substantially of serving as consultant to companies engaged in activities licensed or regulated by the NRC.

(2) (i) An employee presently owning stocks, bonds or other securities covered in paragraph (a) (1) shall dispose of them no later than April 30, 1975.3

(ii) Any new employee who enters on duty after March 3, 1975 shall dispose of said stocks, bonds or securities no later than 30 days after entrance on duty.

(b) Such securities acquired on or after July 1, 1974, through gift, inheritance or other similarly involuntary manner, shall be disposed of within a reasonable period of time.

(c) The Commission may exempt an employee from the restrictions of paragraph (a) of this section where divestiture of the stock, bond, or other security interest is determined to be inequitable by the Commission.

[39 FR 788, Jan. 3, 1974, as amended at 40 FR 8776, Mar. 3, 1975]

Subpart C-Other Restrictions Imposed by Statute on Conduct of Employees § 0.735-30 Description of statutory pro

visions.

Each employee has a positive duty to acquaint himself with each statute that relates to his ethical and other conduct as an employee of the NRC and of the Government. Certain of these statutes are referred to in §§ 0.735-21-0.735-27. Attention of employees is also directed to the following statutory provisions:

(a) The prohibitions contained in the following sections of the Atomic Energy

2 This grace period does not apply to employees who were already subject to these restrictions prior to January 19, 1975 pursuant to regulations previously promulgated by the Atomic Energy Commission. These employees must be rid of all such stocks, bonds or other securities, except insofar as a specific exemption under paragraph (c) previously has been granted.

statement to the reviewer with his opinion recorded thereon. (The counselor or deputy counselor shall make his services available to the reviewer and employee involved to assist in effecting a resolution of any conflict or appearance of conflict.) The reviewer shall report to the counselor or deputy counselor the results of endeavors to effect resolution of the conflict at the employee-reviewer level, which results shall be recorded on the employee's statement and submitted to the counselor or deputy counselor for review and approval.

(9) When a statement submitted or information from other sources indicates a conflict between the interests of an employee and the performance of his services for the NRC and when the conflict or appearance of conflict is not resolved at a lower level in the NRC, the information concerning the conflict or appearance of conflict shall be reported to the Commission, its designee, or the Executive Director for Operations, as appropriate, through the counselor. The employee concerned shall be provided an opportunity to explain the conflict or appearance of conflict.

(10) When, after consideration of the explanation of the employee provided for in paragraph (e) (9) of this section, the Commission, its designee, or the Executive Director for Operations, as appropriate, decides that remedial action is required, immediate action to end the conflict or appearance of conflict of interest, shall be taken. Remedial action may include, but is not limited to:

(i) Changes in assigned duties; (ii) Divestment by the employee of his conflicting interest;

(iii) Disciplinary action; or

(iv) Disqualification for a particular assignment.

Remedial action whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations. Disciplinary remedial action with respect to an employee of another Government agency assigned or detailed to the NRC shall be effected only by the parent agency.

(11) Upon completion of processing, both NRC copies of statements shall be filed in the office of the counselor or deputy counselor, in a special file maintained for that purpose. If an NRC reviewer subsequently requires a copy of a statement for purposes of carrying out responsibilities under this part, he may re

quest same from the counselor or deputy counselor.

(12) The required supplementary statements shall be processed in the same manner as an initial statement. When an NRC reviewer or the counselor or a deputy counselor receives a supplementary statement from an employee for whom he does not have an initial statement, he shall request the file from the counselor or deputy counselor of the employee's previous office.

employees'

(f) Confidentiality of statements. NRC shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality only the NRC counselor, deputy counselor (s), and those officials to whom reports are to be submitted under paragraph (h) of this section (including those employees specifically designated by them to assist in the review as may be necessary) are authorized to review the statements as provided in this section. The foregoing employees are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. NRC shall not disclose information from a statement except in accordance with procedures set forth in paragraph (e) of this section, or as the Commission, its designee, or the Executive Director of Operations, as appropriate, or the Civil Service Commission shall determine for good cause shown.

(g) Effect of employee's statements on other requirements. The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee or the absence of any requirement that an employee submit such a statement does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

(h) To whom statements are to be submitted. Submission of required statements shall be in accordance with the following:

(1) Submitted to the Commission:

(i) Executive Director for Operations.

(ii) Director of Nuclear Reactor Regulation.

(iii) Director of Nuclear Material Safety and Safeguards.

(iv) Director of Nuclear Regulatory Research.

(v) The Secretary and Assistant Secretary.

(vi) The Chairman, Atomic Safety and Licensing Board Panel.

(vii) The Chairman, Atomic Safety and Licensing Appeal Panel.

(viii) The General Counsel.

(ix) The Solicitor.

(x) The Agency Inspector and Auditor. (xi) Director, Office of Public Affairs. (xii) Director, Office of Congressional Liaison.

(xiii) Chairman, Advisory Committee on Reactor Safeguards.

(2) Submitted to the Individual Commissioners: Special Assistants.

(3) Submitted to the Executive Director for Operations.

(i) Heads of Offices reporting to him. (ii) Members of his immediate staff. (4) Submitted to the Heads of Offices and Divisions: Employees under their respective jurisdiction.

(5) Submitted to officials responsible for their appointments: Special Government employees, consultants, experts, and advisers.

(1) Availability of review. Any employee who believes that his position has been improperly included under this section as one requiring the submission of a statement of employment and financial interests may utilize the grievance procedure in NRC Manual, Chapter 4157, for review of his complaint.

[31 FR 4502, Mar. 17, 1966, as amended at 32 FR 13651, Sept. 29, 1967; 40 FR 8775, Mar. 3, 1975; 40 FR 50704, Oct. 31, 1975] § 0.735-29 Restriction against owning

certain security interests upon Commissioners, staff and other related personnel.

(a) No Commissioner or employee, including special government employees who are members of the Advisory Committee on Reactor Safeguards, the Atomic Safety and Licensing Board Panel, or the Atomic Safety and Licensing Appeal Panel (including a spouse, minor child or other member of the immediate household of a Commissioner, employee or such special government employee) shall own any stocks, bonds, or other securities of any corporation of the type listed in paragraph (a)(1) of this section.

(1) Corporations covered by the provisions of this section are:

(i) Any publicly or privately owned utility company engaged in the generation, distribution or sale of electric energy, or parent company of such company.

(ii) Any company manufacturing or selling nuclear power or test reactors.

(iii) Any architectural-engineering company primarily engaged in the design or construction of nuclear power or test reactor facilities.

(iv) Any company whose business consists substantially of serving as consultant to companies engaged in activities licensed or regulated by the NRC. (2) (i) An employee presently owning stocks, bonds or other securities covered in paragraph (a) (1) shall dispose of them no later than April 30, 1975.2

(ii) Any new employee who enters on duty after March 3, 1975 shall dispose of said stocks, bonds or securities no later than 30 days after entrance on duty.

(b) Such securities acquired on or after July 1, 1974, through gift, inheritance or other similarly involuntary manner, shall be disposed of within a reasonable period of time.

(c) The Commission may exempt an employee from the restrictions of paragraph (a) of this section where divestiture of the stock, bond, or other security interest is determined to be inequitable by the Commission.

[39 FR 788, Jan. 3, 1974, as amended at 40 FR 8776, Mar. 3, 1975]

Subpart C-Other Restrictions Imposed by Statute on Conduct of Employees § 0.735-30 Description of statutory pro

visions.

Each employee has a positive duty to acquaint himself with each statute that relates to his ethical and other conduct as an employee of the NRC and of the Government. Certain of these statutes are referred to in §§ 0.735-21-0.735-27. Attention of employees is also directed to the following statutory provisions:

(a) The prohibitions contained in the following sections of the Atomic Energy

2 This grace period does not apply to employees who were already subject to these restrictions prior to January 19, 1975 pursuant to regulations previously promulgated by the Atomic Energy Commission. These employees must be rid of all such stocks, bonds or other securities, except insofar as a specific exemption under paragraph (c) previously has been granted.