0.735-24 Receiving

salary from source other than the U.S. Government (based on 18 U.S.C. 209). 0.735-25 Compensation to employees in matters affecting the Government (based on 18 U.S.C. 203). 0.735-26 Disqualification of former officers

and employees in matters connected with former duties or official responsibilities; disqualification of partners of current officers and employees (based on 18 U.S.C. 207).

0.735-27 Appearances by former employees before NRC.

0.735-28 Confidential statements of em

ployment and financial interests. 0.735-29 Restriction against ownership of certain security interests by Commissioners, certain staff members and other related personnel.

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

Subpart D-Restrictions Imposed by NRC Administrative Decision on Conduct of Employ

ees

0.735-40 Outside employment and other outside activity.

0.735-41 Misuse of information. 0.735-42 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.

0.735-53 Gifts, entertainment, and favors. 0.735-54 Miscellaneous statutory provisions.

0.735-55 Applicable standards of conduct. ANNEX A-CODE OF ETHICS FOR GOVERNMENT SERVICE

AUTHORITY: E.O. 11222, May 8, 1965, 3 CFR, 1964-1965 Comp. at pp. 306-311; 5 CFR 735.104; sec. 201(f), Pub. L. 93-438,88 Stat. 1243 (42 U.S.C. 5841(f)). Sec. 0.735-26 also issued under Title V of the Ethics in Government Act of 1978, as amended, secs. 501 and 502, Pub. L. 95-521, 92 Stat. 18641867, as amended by secs. 1 and 2, Pub. L. 96-28, 93 Stat. 76-77 (18 U.S.C. 207).

SOURCE: 31 FR 4502, Mar. 17, 1966, unless otherwise noted.

NOMENCLATURE CHANGES: 40 FR 8774, Mar.

(a) The personnel policy of the U.S. Nuclear Regulatory 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 self discipline, both on and off the job, must measure up to unusual standards *

(b) Section 735.101 of the Civil Service 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

§ 0.735-3 Responsibilities and authorities. (a) Employees shall:

(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 activities by the Code of Ethics for Government Service (Annex A).

(4) Conduct themselves in such a manner as to create and maintain respect for the NRC 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 NRC, 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 NRC 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.

(9) Report to the Director of their Office all allegations or indications of misconduct, including fraud, graft, corruption, and diversion of NRC assets by NRC or contract employees; however, when the exigencies of the circumstances dictate, employees may make such reports directly to the Office of Inspector and Auditor.

(b) Supervisors:

(1) Inform themselves of any problems of their employees arising out of this part, consult with the cognizant NRC 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 $0.73522(a).

(c) The Executive Director for Operations assumes responsibilities assigned in §§ 0.735-21(b), 0.735-22(b), 0.735-23 (d) and (e), 0.735-26 (c) and (d), and 0.735-28.

(d) The Directors of Offices and Divisions. (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 NRC employees.

(2) Report to the Office of Inspector and Auditor all complaints concerning fraud, graft, corruption, diversion of NRC assets by NRC employees or contractors, and misconduct of NRC employees; take action as a result of investigations; and report on action taken, as provided in NRC Manual Chapter 0702, "Notification and Investigation of Misconduct."

(3) Assume responsibilities assigned in $ 0.735-21(b), 0.735-22(b), 0.73523(d), 0.735-27, 0.735-28, and 0.73540(b).

(e) The Director, Office of Administration. (1) Provides 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) Provides a copy of all revisions to each employee and special Government employee.

(3) Brings 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) Assures the availability of counseling services under paragraph (h) of this section to each employee and special Government employee.

(5) Has available for review by employees and special Government employees, as appropriate, copies of laws, Executive Order 11222, NRC regulations, and pertinent Office of Personnel Management regulations and instructions relating to ethical and other conduct.

(6) Notifies 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, Office of Administration, assumes the responsibilities assigned in §§ 0.735-40(b) and 0.735-49.

(g) The Office of Inspector and Auditor investigates all questions of employees' conduct, fraud, etc., in NRC in accordance with NRC Manual Chapter 0702.

(h) The General Counsel.

(1) Is the counselor for NRC. (2) Serves as NRC's designee to the Office of Personnel Management on matters covered by this part.

(3) Designates deputy counselors. (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, 0.73528, and 0.735-49(b).

(Secs. 25c, 161c, 161p, Pub. L. 83-703, 68 Stat. 925, 948, 950, as amended (42 U.S.C. 2035(c), 2201(c)); sec. 201(f), Pub. L. 93-438,

§ 0.735-4 Definitions.

(a) "Commission" means the Commission of five members or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, 88 Stat. 1233.

(b) "NRC" means the agency established by Title II of the Energy Reorganization Act of 1974 comprising the members of the Commission and all offices, employees, and representatives authorized to act in any case or matter, whether clothed with final authority or not.

(c) "Employee" means an NRC 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, or an employee of another Government agency assigned or detailed to the NRC.

(d) "Former employee" means a former NRC officer or employee as defined in paragraph (c) of this section, a former special Government employee, as defined in paragraph (e) of this section, a former member of the Nuclear Regulatory Commission, former member of the Atomic Energy Commission, and a former officer or employee of the Atomic Energy Commission.

a

(e) "Special Government employee" means an officer or employee of the NRC 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 full-time or intermittent basis. The term includes NRC 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

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