duct their credit affairs in a manner which does not reflect adversely on the Government as their employer. The AEC will not be placed in the position of acting as a collection agency or of determining the validity or amount of contested debts. 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 AEC determines does not, under the circumstances, reflect adversely on the Government as his employer.

[38 FR 1271, Jan. 11, 1973]

$ 0.735-46 Gambling, betting, and lot

teries.

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 agencyapproved activities.

§ 0.735-47 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 organizations, 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.

§ 0.735-48 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.

§ 0.735-49 Employment of persons on extended leave of absence from a previous employer with reemployment rights or other benefits with the previous employer.

(a) AEC may employ persons on extended leave of absence from private employers where it is the way most advantageous to the AEC 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, Division of Personnel, Headquarters. In their AEC 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.

§ 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 F.R. 13653, Sept. 29, 1967]

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 § 0.735-40 (d), in regard to employees. § 0.735-52

Coercion.

(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 AEC 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 pro

visions.

Each special Government employee shall acquaint himself with each statute

that relates to his ethical and other conduct as a special Government employee of AEC and of the Government. The AEC official responsible for his appointment shall call his attention specifically to §§ 0.735-21, 0.735-22, 0.735-23, 0.735-24 (c), 0.735-25, 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 0.725-48. 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-CONCURRENT RESOLUTION Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the following Code of Ethics should be adhered to by all Government employees, including officeholders:

CODE OF ETHICS FOR GOVERNMENT SERVICE

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.

(5) Auditors (GS-14 and above); (6) Attorneys, including patent attorneys (GS-15 and above);

(7) Positions (in grades GS-13 and above unless otherwise indicated), the incumbents of which are responsible for making decisions or taking actions (not merely recommending a decision or action) in regard to:

(a) Evaluation, appraisal, or selection of contractors or subcontractors, prospective contractors or prospective subcontractors, proposals of such contractors or subcontractors, the activities performed by such contractors or subcontractors, or determination of the extent of compliance of such contractors or subcontractors with contract provisions.

(b) Negotiation, modification, or approval of contracts of subcontracts.

(c) Evaluation, appraisal, or selection of prospective project sites, or locations of work or activities, including real property proposed for acquisition by purchase or otherwise.

(d) Inspection and quality assurance of material, products or components for acceptability.

(e) Review or approval of applications for access permits.

(f) Engineering planning and design which involves preparation of specifications and technical requirements.

(g) Negotiation of agreements for cooperation or implementing arrangements with foreign countries.

(h) Analysis, evaluation, or review of licensees' and prospective licensees' compliance with AEC regulations and requirements.

(1) Analysis, evaluation, or review of license applications.

(j) Utilization or disposal of excess or surplus property.

(k) Procurement of materials, services. supplies, or equipment.

(1) Authorization or monitoring of grants to educational institutions or other nonFederal enterprises.

(m) Audit of financial transactions. (n) Promulgation of safety standards, procedures and hazards evaluation systems.

(0) Nuclear materials management. (p) Activities, other than those covered above, where the decision or action has an economic impact on the interests of any nonFederal enterprise.

Positions in the above-enumerated categories (1-7) may be excluded when it is determined by the Commission, the General Manager, the Director of Regulation or Field Office Manager, as appropriate, that: (a) The duties of a position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote; or (b) the duties of a position are at such a level of responsibility that the submission of a statement is not necessary because of the degree of supervision and review over the incumbent or the inconsequential effect on the integrity of the Government.

[32 F.R. 13653, Sept. 29, 1967]

ANNEX C-CRITERIA FOR DETERMINING POSITIONS OR CATEGORIES OF POSITIONS LISTED IN ANNEX B

Annex B shall be maintained and changes therein made by the Atomic Energy Commission in accordance with the following criteria:

1. Positions shall be included, the basic duties and responsibilities of which require the incumbent to make a Government decision or take & Government action in regard to:

a. Contracting or procurement; b. Administering or monitoring grants or subsidies;

c. Regulating or auditing private or other non-Federal enterprise; or

d. Other activities where the decision or action has an economic impact on the interests of any non-Federal enterprise.

Generally, such duties and responsibilities will have been spelled out in local statements of delegation of authority and responsibility and the degree of responsibility for decisions will be reflected in the Position Evaluation records under the factor "Decisions". Inclusion of positions classified below GS-13 which meet the criteria of this paragraph 1 or paragraph 3 below must be specifically Justified by the AEC in writing to the Civil Service Commission as an exception that is essential to protect the integrity of the Government and avoid employee involvement in a possible conflict-of-interest situation.

2. Positions in 1., above, may be excluded when:

a. The duties of a position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote; and

b. The duties are at such a level of responsibility that the submission of a statement is not necessary because of the degree of supervision and review over the incumbent and the remote and inconsequential effect on the integrity of the Government.

3. In addition to 1., above, those positions classified GS-13 or above shall be included which are determined by the Atomic Energy Commission as requiring the incumbents to report employment and financial interests in order to avoid involvement in a possible

§ 1.1

Subpart A-Introduction

Creation and authority.

The Atomic Energy Commission was established by the Atomic Energy Act of 1946 (60 Stat. 755; 42 U.S.C. 1881 et seq.) approved August 1, 1946, as amended by the Atomic Energy Act of 1954 (68 Stat. 919; 42 U.S.C. 2011 et seq.) approved August 30, 1954 (as amended, called in this part the "Act"). The purpose and statutory programs of the Commission are prescribed by chapter 1 of the Act. As used in this part, the term "Commission" means the five members of the Atomic Energy Commission; "AEC" means the Atomic Energy Commission agency.

mission Manual and other elements of the Management Directives System, including local directives issued by Headquarters and Field Offices of the AEC. Copies of the manual and other elements of the Management Directives System are available for public inspection and copying at the Public Document Room, 1717 H Street NW., Washington, DC, and at each of the Field Offices. Information may also be obtained from the Division of Public Information at Headquarters, or from a public information officer at a Field Office.

§ 1.3

Location of principal offices.

(a) The principal AEC Headquarters building is located in Germantown, Md. As a part of the Headquarters, facilities are maintained within the District of Columbia at 1717 H Street NW., for the service of process and papers and for other functions. As another part of Headquarters, facilities of the regulatory staff and certain other divisions are maintained at 7920 Norfolk Avenue, Bethesda, MD. The mail address of Headquarters is Washington, D.C. 20545.

(b) The addresses of the principal field offices (see Part 1, Subpart C) are:

(1) Albuquerque Operations Office, USAEC, Post Office Box 5400, Albuquerque, NM 87115.

(2) Chicago Operations Office, USAEC, 9800 South Cass Avenue, Argonne, IL 60439.

(3) Grand Junction Office, USAEC, Post Office Box 2567, Grand Junction, CO 81501. (4) Idaho Operations Office, USAEC, Post Office Box 2108, Idaho Falls, ID 83401.

(5) Nevada Operations Office, USAEC, Post Office Box 1676, Las Vegas, NV 89101.

(6) New York Operations Office, USAEC, 376 Hudson Street, New York, NY 10014. (7) Oak Ridge Operations Office, USAEC, Post Office Box E, Oak Ridge, TN 37830.

(8) Pittsburgh Naval Reactors Office, USAEC, Post Office Box 109, West Mifflin, PA 15122.

(9) Richland Operations Office, USAEC, Post Office Box 550, Richland, WA 99352. (10) San Francisco Operations Office, USAEC, 2111 Bancroft Way, Berkeley, CA 94704.

(11) Savannah River Operations Office, USAEC, Post Office Box A, Aiken, SC 29801. (12) Schenectady Naval Reactors Office, USAEC, Post Office Box 1069, Schenectady, NY 12301.

(c) The addresses of the regional offices of the Division of Compliance (see § 1.124) are:

(1) Region I, Division of Compliance, USAEC, 970 Broad Street, Newark, NJ 07102.