$ 0.735-45 Employee indebtedness. Except as provided in § 0.735-42(d). the NRC considers the credit affairs of its employees essentially their own concern. However, employees are expected to conduct their credit affairs in a manner which does not reflect adversely on the Government as their employer. The NRC will not be placed in the position of acting as a collection agency for private debts or of determining the validity or amount of contested debts to private concerns. An employee is expected to pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. Failure on the part of an employee without good reason to honor just financial obligations or to make or adhere to satisfactory arrangements for settlement may be cause for disciplinary action. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which NRC determines does not, under the circumstances, reflect adversely on the Government as the individual's employer. [46 FR 51717, Oct. 22. 1981] § 0.735-46 Gambling, betting, and lotteries. An employee shall not participate, while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities: (a) Necessitated by an employee's law enforcement duties; or (b) Under section 3 of Executive Order 10927 and similar agency-approved activities. § 0.735-17 Handling of funds entrusted by fellow employees. No employee shall receive, retain, or disburse funds entrusted to him by fellow employees, e.g., credit union deposits or donations to charitable orga nizations, except with the utmost care in the safeguarding of such funds and the maintenance of full and complete records with regard to the receipt, custody, and disbursement of such funds. Such records shall be made available to appropriate authorities upon proper request. § 0.735-18 Ex parte contacts. Certain ex parte contacts by an employee are prohibited in quasi-judicial proceedings under §§ 2.719 and 2.780 of this chapter. $ 0.735-19 Employment of persons on extended leave of absence from a previous employer with reemployment rights or other benefits with the previ ous employer. (a) NRC may employ persons on extended leave of absence from private employers where it is the way most advantageous to the NRC to obtain qualified employees with needed skills and no violation of conflict of interest statutes would be involved. The necessity for continued employment of such persons shall be reviewed annually by the Director, Office of Administration. In their NRC assignments, such employees shall not be permitted to handle, directly or indirectly, or have access to, business confidential data of their former employers' competitors. (b) When it is proposed to employ such a person, a statement of the exact terms and conditions of the leave of absence from his employer will be obtained from the prospective employee and submitted to the General Counsel for a prior determination of possible violation of statute. (c) The following quotation from 18 U.S.C. 209 is pertinent to this situation. (b) Nothing herein prevents an officer or employee of the executive branch of the U.S. Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement. group life, health or accident insurance. profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer. 90-029 0-82--3 $ 0.735-49a 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] Subpart E-Ethical and Other Conduct and Responsibilities of Special Government Employees $ 0.735-50 Use of Government employment. 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. $ 0.735-51 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 himself 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. $ 0.735-52 Coercion. A special Government employee shall not use his Government employ a (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 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. § 0.735-54 Miscellaneous statutory provisions. 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 $$ 0.735-21, 0.735-22, 0.735-23, 0.735-24(c), 0.73525, 0.735-26, 0.735-27, and 0.735-30. $0.735-55 Applicable standards of conduct. Special Government employees shall adhere to the standards of conduct made applicable to such employees by Subpart B of this part and to the standards of conduct made applicable to regular employees by $$ 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 GOVERNMENT 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, laws, and legal Regulations of the United States and of all governments therein and never be a party to their evasion. 3. Give a full day's labor for a full day's pay: giving to the performance of his duties his earnest effort and best thought. 4. Seek to find and employ more efficient and economical ways of getting tasks accomplished. 5. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not: and never accept, for himself or his family. favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. 6. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. 7. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. 8. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. 9. Expose corruption wherever discovered. 10. Uphold these principles, ever conscious that public office is a public trust. [46 FR 51717, Oct. 22, 1981] 1.80 1.81 Subpart C-NRC Seal and Flag Description and custody of NRC seal. 1.82 Establishment of official NRC flag. 1.84 Report of violations. AUTHORITY: Sec. 161. Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); secs. 201, 203, 204. 205, and 209. Pub. L. 93-438, 88 Stat. 1242. 1244. 1245, 1246, and 1248 (42 U.S.C. 5841. 5843, 5844, 5845, and 5849); Pub. L. 94-79. 89. Stat. 413: and 5 U.S.C. 552 and 553. SOURCE: 42 FR 36797. July 18, 1977, unless otherwise noted. NOMENCLATURE CHANGE: 45 FR 14200, Mar. 5. 1980. § 1.1 Subpart A-Introduction Creation and authority. (a) The Nuclear Regulatory Commission was established by the Energy Reorganization Act of 1974, as amended, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Commission and, by section 201, transferred to the Nuclear Regulatory Commission all the licensing and related regulatory functions assigned to the Atomic Energy Commission by the Atomic Energy Act of 1954, as amended, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2011 et seq.). These functions included those of the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Panel. The Energy Reorganization Act became effective January 19, 1975 (E.O. 11834). (b) As used in this part, "Commission" means the five members of the Nuclear Regulatory Commission or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, as amended. "NRC" means the Nuclear Regulatory Commission, the agency established by Title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Commission and all offices, employees, and representatives authorized to act in any case or matter. §1.2 Sources of additional information. (a) The definitive statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Manual and other elements of the NRC's Management Directives System, including local directives issued by Regional Offices. Copies of the Manual, other elements of the Management Directives System, and agency operating procedures that affect the public are available for public inspection and copying at the NRC Public Document Room, 1717 H Street NW., Washington, D.C. and at each of NRC's Regional Offices. Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. (b) Commission meetings are open to the public, as provided by the Government in the Sunshine Act, unless they fall within an exemption to the Act's openness requirement and the Commission also has determined that the public interest requires that those particular meetings be closed. Information concerning Commission meetings may be obtained from the Office of the Secretary. (c) Information regarding the availability of NRC records under the Freedom of Information Act and the Privacy Act of 1974 may be obtained from the Division of Rules and Records, Office of Administration. NRC's regulations are published in the FEDERAL REGISTER and codified in Title 10 of the Code of Federal Regulations. They are also published in "NRC Rules and Regulations," available on a subscription basis from the Superintendent of Documents. U.S. Government Printing Office. Final opinions made in the adjudication of cases are published in Nuclear Regulatory Commission Issuances, available on a subscription basis from the National Technical Information Service, Springfield, Va. 22161. $ 1.3 Location of principal offices and regional offices. (a) The principal NRC offices are located in the Washington, D.C.. area. Facilities for the service of process and papers are maintained within the District of Columbia at 1717 H Street NW. The mailing address for all NRC Headquarters offices is Washington, D.C. 20555. The locations of NRC offices in the Washington area are: (1) Matomic Building, 1717 H Street NW.. Washington, D.C. (2) Phillips Building. 7920 Norfolk Avenue, Bethesda, Maryland. (3) Maryland National Bank Building. 7735 Old Georgetown Road, Bethesda. Maryland. (4) Landow Building. 7910 Woodmont Avenue, Bethesda, Maryland. (5) Lugenbell Building. 4922 Fairmont Avenue, Bethesda, Maryland. (6) East West Towers Building, 4350 East West Highway, Bethesda, Maryland. (7) Nicholson Lane Building, 5650 Nicholson Lane, Rockville, Maryland. (8) Willste Building, 7915 Eastern Avenue, Silver Spring, Maryland. (b) The addresses of the NRC Regional Offices (see § 1.64) are: Region I. USNRC, 631 Park Avenue, King Region IV. USNRC, 611 Ryan Plaza Drive, Subpart B-Headquarters $1.10 The Commission. (a) The Nuclear Regulatory Commission, composed of five members, one of whom is designated by the President as Chairman, is established pursuant to section 201 of the Energy Reorganization Act of 1974, as amended. The Chairman is the principal executive officer of the Commission, and exercises its executive and administrative functions with respect to appointment and supervision of personnel, except as otherwise provided by the Energy Reorganization Act of 1974, as amended; distribution of business; use and expenditure of funds (except that the function of revising budget estimates and purposes is reserved to the Commission); and appointment, subject to approval of the Commission, of heads of major administrative units under the Commission. (b) The following staff units and officials report directly to the Commission: Atomic Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel, Office of Inspector and Auditor, Office of Policy Evaluation, Office of the General Counsel, Office of the Secretary, Office of Public Affairs, Office of Congressional Affairs, the Executive Director for Operations, and other committees and boards which are authorized or established specifically by the Act. The Directors of the Offices of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research may communicate with and report directly to the Commission, under the provisions of section 209 of the Energy Reorganization Act of 1974. The Advisory Committee on Reactor Safeguards also reports directly to the Commission. PANELS, BOARDS, AND COMMITTEES § 1.11 Atomic Safety and Licensing Board Panel. The Atomic Safety and Licensing Board Panel is the organizational group from which Atomic Safety and Licensing Boards are selected. These three-member boards, named in accordance with the provisions of section 191 of the Atomic Energy Act, conduct such hearings as the Commission may authorize or direct, make such intermediate or final decisions as the Commission may authorize in proceedings to grant, suspend, revoke, or amend licenses or authorizations, and perform such other regulatory functions as the Commission may specify. The Panel develops procedures and makes recommendations to the Commission regarding activities of the hearing boards. The Panel shall be comprised of a Chief Administrative Judge who shall be Chairman and such other Administrative Judges as may be appointed members of the Panel. [45 FR 80271, Dec. 4, 1980] § 1.12 Atomic Safety and Licensing Appeal Panel. The Atomic Safety and Licensing Appeal Panel is the organizational group from which Atomic Safety and Licensing Appeal Boards are selected. Under powers delegated by the Commission, these three-member Boards exercise the authority and perform the regulatory review functions which would otherwise be exercised and performed by the Commission. They perform these functions in proceedings on licenses under 10 CFR Part 50, and such other licensing proceedings as the Commission may specify, reviewing initial decisions and other issuances of Atomic Safety and Licensing Boards and other presiding officers. The Panel shall be comprised of a Chief Administrative Judge who shall be Chairman and such other Administrative Judges as may be appointed members of the Panel. [45 FR 80271, Dec. 4, 1980] § 1.20 Advisory Committee on Reactor Safeguards. The Advisory Committee on Reactor Safeguards was established by Section 29 of the Atomic Energy Act of 1954, as amended, and transferred to the NRC pursuant to the Energy Reorganization Act of 1974, as amended. The Committee reviews safety studies, and applications for construction permits and operating licenses for production and utilization facilities, and makes re |