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(u) The prohibition against unau thorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(v) The prohibition against making false entries in official records with intent to defraud or making false reports concerning moneys and securities with such intent (18 U.S.C. 2073).

(w) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(x) The Code of Ethics for Government Service (5 U.S.C. 7301). 132 FR 13652, Sept. 29, 1967, as amended at 40 FR 50704, Oct. 31, 1975; 46 FR 51717, Oct. 22, 1981)

Subpart D-Restrictions imposed by

NRC Administrative Decision on

Conduct of Employees $ 0.735-40 Outside employment and other

outside activity. (a) There is no general prohibition against employees engaging in outside employment or other outside activity; except that no employment or activity may be undertaken which is not com patible with the full and proper discharge of the duties and responsibil. ities of the employee's Government employment. Incompatible activities include but are not limited to:

(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interests; or

(2) Acceptance of any employment, fee, compensation, or payment of expense, from (i) A Commission licensee; (ii) an applicant for Commission license; (iii) an organization directly engaged in activities in the commercial nuclear field; (iv) a Commission contractor; (v) a Commission supplier; (vi) holder of a license issued by a State pursuant to an agreement between the Commission and the State; (vii) a trade association which represents cli. ents concerning nuclear matters; or (viii) a law firm or other organization

which is participating in an NRC proceeding or which regularly represents itself or clients before the NRC, unless written authorization is received pursuant to $ 0.735-40(b). Ordinarily, an employee will be authorized to serve as an instructor at an academic insti. tution which holds a Commission license, or to engage in other proposed activities of a similar character; or

(3) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(b) In any case in which there is a question as to the propriety of outside employment in which an employee proposes to engage, or where prior written authorization is required pursuant to $ 0.735-40(a)(2), the employee's office or division head shall prepare and transmit the following information to the appropriate individual(s) specified in paragraph (f) of this section: (1) Name and job title of the employee involved; (2) a brief summary of the employee's official NRC duties; (3) a brief description of the proposed employment or outside activity, including the compensation to be received; (4) the name and nature of the business of the employ. ing individual or organization; (5) his views whether the outside employment or activity should be authorized.

(c) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government (18 U.S.C. 209).

(d) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, Executive Order 11222, Office of Personnel Management regulations, or the regulations in this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Office of Personnel Management or Board of Examiners for the Foreign Service, that is dependent on information obtained as a

result of his Government employment, and (3) it is not proscribed by Decision except when that information has B-128527 of the Comptroller General been made available to the general dated March 7, 1967, or otherwise propublic or will be made available on re hibited by law. Questions concerning quest, or when the Executive Director application of the Comptroller Generfor Operations has given written au al's decision should be referred to the thorization for the use of nonpublic counselor. However, this paragraph information on the basis that the use does not allow an employee to be reimis in the public interest.

bursed, or payment to be made on his (e) Except as allowed for training or behalf, for excessive personal living to attend meetings under section 4111 expenses, gifts, entertainment, or of title 5, United States Code, and Ex- other personal benefits. ecutive Order 10800, no employee (h) An employee is not precluded by shall accept a fee from an outside this section or $ 0.735-42 from: source on account of a public appear (1) Participation in the affairs of or ance, a speech, or lecture, if the public acceptance of an award for a meritori. appearance or the preparation or de- ous public contribution or achievelivery of the speech or lecture was a ment given by a charitable, religious, part of the official duties of the em- professional, social, fraternal, nonprofployee, if the public appearance, the it educational, recreational, public speech, or the lecture was made service, or civic organization. during official working hours, or if

(42 U.S.C. 2201(p)) travel for the purpose of the public appearance, speech, or lecture was made

[31 FR 4502, Mar. 17, 1966, as amended at at Government expense. In addition,

32 FR 13652, Sept. 29, 1967; 33 FR 11396, no employee shall accept a fee for the

Aug. 10, 1968; 40 FR 8776, Mar. 3, 1975; 40

FR 50704, Oct. 31, 1975; 42 FR 38893, Aug. preparation, publication, or review of

1, 1977; 46 FR 51717, Oct. 22, 1981) an article, story, or book if it was prepared during official working hours $0.735-41 Misuse of information. and/or was a part of the official duties

For the purpose of furthering a priof the employee.

vate interest, an employee shall not, (f) Employees of offices reporting to the Commission through the Execu

except as provided in $ 0.735-40(d), ditive Director for Operations must re

rectly or indirectly use, or allow the

use of, official information obtained ceive the written authorization of the

through or in connection with his Executive Director for Operations

Government employment which has before engaging in activities covered

not been made available to the general by paragraphs (a)(2) and (b) of this section. The Executive Director for

public. See also section 68a of the

Atomic Energy Act of 1954, 42 U.S.C., Operations before making his decision shall consult with the head of the em

section 2098(a), “Public and acquired ployee's office or division and with the

lands," which provides as follows: counselor or deputy counselor. Em a. No individual, corporation, partnership, ployees of boards, panels, and offices or association, which had any part, directly reporting directly to the Commission or indirectly, in the development of the must receive the written authorization

atomic energy program, may benefit by any of the head of their office before en

location, entry, or settlement upon the

public domain made after such individual, gaging in activities covered by Para

corporation, partnership, or association took graphs (a)(2) and (b) of this section.

part in such project, if such individual, corThe head of the employee's office poration, partnershipor association, by before making his decision shall con reason of having had such part in the develsult with the counselor or deputy opment of the atomic energy program, accounselor.

quired confidential official information as (g) Bona fide reimbursements for ex

to the existence of deposits of uranium, penses of travel and such other neces

thorium, or other materials in the specific

lands upon which such location, entry, or sary subsistence may be accepted if (1)

settlement is made, and subsequent to It is not prohibited by paragraph (a)

August 30, 1954, made such location, entry, of this section, (2) if reimbursement or settlement, or caused the same to be from the government is not received; made for his, or its, or their benefit.

§ 0.735-12 Gifts, entertainment, and partiality of the employee or the favors.

agency. (a) Except as provided in paragraph (d) An employee shall not solicit a (b) of this section, an employee shall contribution from another employee not solicit or accept, directly or indi- for a gift to an official superior, make rectly, any gift, gratuity, favor, enter a donation to an official superior, or tainment, loan, or any other thing of accept a gift from an employee receivmonetary value, from a person who: ing less pay than himself (5 U.S.C.

(1) Has, or is seeking to obtain, con 7351), nor shall an employee directly tractual or other business or financial or indirectly solicit from, accept from, relations with NRC;

offer to, or grant to an official superi(2) Conducts operations or activities

or or subordinate employee a loan of that are regulated by NRC or is an ap

more than a nominal amount. Howevplicant for a license from NRC; or

er, this paragraph does not prohibit: (3) Has interests that may be sub

(1) A voluntary gift of nominal value stantially affected by the performance

or donation in a nominal amount or nonperformance of his official duty. (b) The following exceptions are au

made on a special occasion such as

marriage, illness, or retirement, or (2) thorized as being necessary and appropriate in view of the nature of the

a loan as described above of more than NRC's work and the duties and re

a nominal amount where a special persponsibilities of its employees:

sonal or business relationship is in(1) When the circumstances make it volved, with prior approval of the clear that it is obvious family or per higher-ranking employee's supervisor, sonal relationships (such as those be after consultation with the counselor tween the parents, children, or spouse for NRC, or a deputy counselor, as of the employee and the employee) provided in $ 0.735-3(h). A copy of rather than the business of the per such approval shall be filed as prosons concerned which are the motivat- vided for in $ 0.735-28(e)(11). ing factors;

(2) An employee shall not accept a (2) Acceptance of food and refresh

gift, present, decoration, or other ments of nominal value on infrequent

thing from a foreign government occasions in the ordinary course of a

unless authorized by Congress as proluncheon or dinner meeting or other

vided by the Constitution and in Pub. meeting or on an inspection tour

L. 95-105, 91 Stat. 862. where an employee may properly be in attendance;

(31 FR 4502, Mar. 17, 1966, as amended at (3) Acceptance of loans from banks 32 FR 13653, Sept. 29, 1967; 38 FR 1271, or other financial institutions on cus Jan. 11, 1973; 43 FR 1929, Jan. 13, 1978) tomary terms to finance proper and usual activities of employees, such as

$ 0.735-13 Use of Government property. home mortgage loans;

An employee shall not directly or in(4) Acceptance of unsolicited adver

directly use, or allow the use of, Govtising or promotional material, such as

ernment property of any kind, includpens, pencils, note pads, calendars and

ing property leased to the Governother items of nominal intrinsic value;

ment, for other than officially apand

proved activities. An employee has a (5) Acceptance of transportation not

positive duty to protect and conserve inconsistent with the provisions of

Government property, including paragraph (c) of this section. (c) No employee shall accept free

equipment, supplies, and other propertransportation in motor vehicles, air

ty entrusted or issued to him. craft, or other means, for official or

$ 0.735-14 Scandalous conduct. unofficial purposes from NRC contractors, prospective contractors, licensees No employee shall engage in crimior prospective licensees, or representa nal, infamous, dishonest, immoral, or tives of any of them when such trans- notoriously disgraceful conductor portation might reasonably be inter- other conduct prejudicial to the Gov. preted as seeking to influence the im- ernment.

$ 0.7:3.–15 Employee indebtedness.

nizations, except with the utmost care Except as provided in $ 0.735-42(d),

in the safeguarding of such funds and the NRC considers the credit affairs of the maintenance of full and complete its employees essentially their own

records with regard to the receipt, cusconcern. However, employees are ex

tody, and disbursement of such funds. pected to conduct their credit affairs Such records shall be made available in a manner which does not reflect ad- to appropriate authorities upon proper versely on the Government as their request. employer. The NRC will not be placed in the position of acting as a collection 80.73.5-18. Ex parte contacts. agency for private debts or of deter

Certain ex parte contacts by an emmining the validity or amount of con

ployee are prohibited in quasi-judicial tested debts to private concerns. An

proceedings under $ $ 2.719 and 2.780 employee is expected to pay each just

of this chapter. financial obligation in a proper and timely manner, especially one imposed

$ 0.733.3-19 Employment of persons on exby law such as Federal, State, or local

tended leave of absence from a previ. taxes. Failure on the part of an em

ous employer with reemployment ployee without good reason to honor

rights or other benefits with the previ. just financial obligations or to make or

ous employer. adhere to satisfactory arrangements for settlement may be cause for disci

(a) NRC may employ persons on explinary action. For the purpose of this tended leave of absence from private section, a “just financial obligation" employers where it is the way most admeans one acknowledged by the em vantageous to the NRC to obtain ployee or reduced to judgment by a qualified employees with needed skills court, and “in a proper and timely and no violation of conflict of interest manner" means in a manner which statutes would be involved. The necesNRC determines does not, under the sity for continued employment of such circumstances, reflect adversely on the persons shall be reviewed annually by Government as the individual's em

the Director, Office of Administration. ployer.

In their NRC assignments, such em(46 FR 51717. Oct. 22, 1981)

ployees shall not be permitted to

handle, directly or indirectly, or have $ 0.735–16 Gambling, betting, and lotter

access to, business confidential data of ies.

their former employers' competitors. An employee shall not participate, (b) When it is proposed to employ while on Government-owned or -leased

such a person, a statement of the property or while on duty for the Gov

exact terms and conditions of the ernment, in any gambling activity in leave of absence from his employer cluding the operation of a gambling

will be obtained from the prospective device, in conducting a lottery or pool,

employee and submitted to the Generin a game for money or property, or in

al Counsel for a prior determination of selling or purchasing a numbers slip or

possible violation of statute. ticket. However, this section does not

(c) The following quotation from 18 preclude activities: (a) Necessitated by an employee's

U.S.C. 209 is pertinent to this situalaw enforcement duties; or

tion. (b) Under Section 3 of Executive (b) Nothing herein prevents an officer or Order 10927 and similar agency-ap employee of the executive branch of the proved activities.

U.S. Government, or of any independent

agency of the United States, or of the Dis8 0.73.3-17 Handling of funds entrusted by trict of Columbia, from continuing to parfellow employees.

ticipate in a bona fide pension, retirement. No employee shall receive, retain, or

group life, health or accident insurance, disburse funds entrusted to him by

profit-sharing, stock bonus, or other em

ployee welfare or benefit plan maintained fellow employees, e.g., credit union de

by a former employer. posits or donations to charitable orga

ment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

80.735-19a Other proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this Part 0, which might result in, or create the appearance of:

(a) Using a public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding Government efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a Government decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of the Government. (32 FR 13653, Sept. 29, 1967)

8 0.7:3:7-533 Gifts, entertainment, and

favors. (a) Except as provided in paragraph (b) of this section, a special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with NRC anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(b) Exceptions authorized for employees under $0.735-42 shall have equal application with respect to special Government employees.

Subpart E–Ethical and Other Conduct

and Responsibilities of Special

Government Employees $ 0.735-50 Use of Government employ.

ment. A special Government employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties.

8 0.73.5-51 Miscellaneous statutory provi

sions. Each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee of NRC and of the Government. The NRC official responsible for his appointment shall call his attention specifically to $ $ 0.735-21, 0.735-22, 0.735-23, 0.735-24(c), 0.73525, 0.735-26, 0.735-27, and 0.735-30.

80.735-51 Use of inside information.

(a) A special Government employee shall not use inside information obtained as a result of his Government employment for private gain for him self or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this section, "inside information" means information obtained under Government authority which has not become part of the body of public information.

(b) Special Government employees may teach, lecture, or write in a manner not inconsistent with $ 0.73540(d), in regard to employees.

$ 0.7.35-55.) Applicable standards of con

duct. Special Government employees shall adhere to the standards of conduct made applicable to such employees by Subpart B of this part and to the standards of conduct made applicable to regular employees by $ $ 0.735-43, 0.735-44, 0.735-46, and 0.735-48. In addition, special Government employees who are not consultants or advisers shall also be subject to $$ 0.735-45 and 0.735-47. ANNEX A-CODE OF ETHICS FOR GOVERN

MENT SERVICE (5 U.S.C. 7301) Any person in Government service should:

1. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.

2. Uphold the Constitution, law's, and legal Regulations of the United States and of all

8 0.735-52 (oercion.

A special Government employee shall not use his Government employ.

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