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of the employee should always be indicated in item 1; if the employee is the recipient of the gift then items 5 and 6 should be marked N/A-not applicable; if the recipient is a spouse or dependent, then the appropriate information should be included in items 5 and

6.

Item 2. Self explanatory.
Items 3 and 4. The Office or Division and the position of the employee should be indicated

here regardless of whether the recipient is the employee or a spouse or dependent.
Items 5 and 6. See above, Item 1.
Item 7. Self explanatory.
Item 8. Self explanatory.
Item 9. Indicate the retail value in the United States at the time of acceptance. If there is

any uncertainty as to the value of the gift, it is the recipient's responsibility to make a reasonable effort to determine value. If the value is $100 or under, and if the aggregate value of the gifts accepted by the recipient from all sources over any period of one year does not exceed $250, then the gift may be retained by the recipient and this Statement

need not be submitted. Item 10. Identify in this item whether or not approval to accept the gift was sought or given

in advance in accordance with $ 1050.204 of the DOE regulations. Also identify those circumstances supporting a determination that refusal of the gift would likely cause offense or embarrassment or otherwise adversely affect the foriegn relations of the United

States. Items 11 and 12. Self explanatory. Item 13. Though there is no assurance that the item will be sold or if it is sold that it will

be feasible for the recipient to participate in the sale, GSA regulations provide for participation by the recipient where feasible.

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U.S. DEPARTMENT OF ENERGY

APPENDIX II FOREIGN TRAVEL STATEMENT (Statement Concerning Acceptance of Travel or Travel Expenses from a Foreign Government)

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STATEMENT CONCERNING ACCEPTANCE OF TRAVEL OR TRAVEL EXPENSES FROM A FOREIGN

GOVERNMENT Item 1. This statement is to be filed pursuant to the provisions of the Foreign Gifts and

Decorations Act (5 U.S.C. 7342, as amended by Pub. L. 95–105, August 17, 1977) and DOE implementing regulations at 10 CFR part 1050. These provisions apply to travel or travel

expenses for travel entirely outside of the United States 1 tendered to or accepted by Federal employees and their spouses and dependents. The name of the employee should always be indicated in item 1; if the employee is the recipient of the travel or travel expenses, then items 5 and 6 should be marked N/A-not applicable; if the recipient is a spouse or dependent, then the appropriate information should be included in items 5 and

6. Item 2. Self explanatory. Items 3 and 4. The Office or Division of the employee should be indicated here regardless

of whether the recipient is the employee or a spouse or dependent. Items 5 and 6. See above, Item 1. Item 7a. Indicate the location and mode of transportation and approximate value in U.S.

dollars, if possible. Attach itinerary if available. Item 7b. Indicate nature and location of travel expenses provided and approximate value in

U.S. dollars, if possible. Attach itinerary if available. Item 8. Indicate dates of travel. Item 9. Self explanatory. Item 10. Travel and travel expenses may be accepted in accordance with DOE regulations

where the travel is official agency business. Spouses and dependents may accept such travel and expenses only when accompanying the employee. Item 10 therefore should be completed to identify the employee's official business whether the recipient is an em

ployee or a spouse or dependent. Item 11. Identify in this item any treaty or diplomatic custom that related to acceptance

of the travel or expenses, and any circumstances indicating that acceptance would be consistent with the interests of the U.S. Also provide information regarding any prior ap

proval of the acceptance. Items 12, 13a, and 13b. Self explanatory.

i The Congress has consented in Pub. L. 95-105 only to acceptance of travel or travel expenses that is entirely outside of the United States. Travel, any portion of which (such as the origination or termination of a flight) is within the United States, may not be paid for by a foreign government. All such travel must be handled within applicable DOE Travel Regulations and Standards of Conduct Regulations.

PART 1060-PAYMENT OF TRAVEL

EXPENSES OF PERSONS WHO ARE
NOT GOVERNMENT EMPLOYEES

Sec.
1060.101 Persons who may be paid.
1060.201 Relatives, contractors, and assist-

ance award recipients.
1060.301 Government employees.
1060.401 Applicability of internal DOE rules.
1060.501 Definitions.

AUTHORITY: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C. 7254).

SOURCE: 46 FR 35631, July 10, 1981, unless otherwise noted.

(1) Pursuant to an invitation received by that person from the Department to confer with a DOE employee on matters essential to the advancement of DOE programs or objectives and (i) in the case of a person invited to confer at the post of duty of the conferring DOE employee, a designated official has approved and stated the reasons for the invitation in writing, or (ii) in the case of a person invited to confer at a place other than the post duty of the conferring DOE employee, a principal departmental official has approved and stated the reasons for the invitation in writing;

(2) Pursuant to an invitation for an interview to a prospective employee of the Department who is an applicant for (i) a position in the Department classified at GS-16 or above of the General Schedule or the rate of basic pay for which is fixed, other than under the General Schedule, at a rate equal to or greater than the minimum rate of

81060.101 Persons who may be paid.

(a) Payment may not be authorized or approved for transportation, lodging, subsistence, or other travel expenses from DOE funds to, or on behalf of, a person who is not a Government employee unless such payment is made

basic pay fixed for GS-16, (ii) a position or allowable by the Department under for which a determination has been the terms of a DOE contract or assistmade that there is a manpower short- ance award. age pursuant to 5 U.S.C. 5723, or (iii) a DOE position for which the Depart

8 1060.201 Relatives, contractors, and ment has the exclusive duties of re

assistance award recipients. cruitment and selection;

Notwithstanding any other provision (3) In accordance with 28 U.S.C. 1821 in this part, a DOE employee may not or other applicable law, to a person authorize or approve, require another who is subpoenaed by the Department person to authorize or approve, or adto appear and testify or to appear and vocate the authorization or approval to produce documents at a designated of, payment from DOE funds of travel place;

expenses of a person who is not a Gov(4) To a person who serves as a travel ernment employee and who is (a) the attendant for a handicapped individual DOE employee's relative (except in the who is authorized to travel at DOE ex case of payment under $1060.101(a)(4)), pense and who cannot travel alone be or (b) in the case of payment under cause of the handicap; or

81060.101(a)(1), a DOE contractor or a (5) Pursuant to a written determina DOE assistance award recipient or the tion of a principal departmental officer employee of a DOE contractor or a that it is in the interest of the Govern- DOE assistance award recipient unless ment to provide such payment, where the travel expenses are incurred with the Counselor has determined in writ respect to matters outside the scope of ing that the payment is authorized the contract or assistance award, as under 5 U.S.C. ch. 57 or other statutory the case may be. (See also $ 1060.101(e).) authority.

(b) The authority of a designated offi- 81060.301 Government employees. cial or a principal departmental offi- Nothing in this part shall be intercer, as the case may be, to provide ap- preted as being applicable to authorizaproval of an invitation to travel under tion or approval of payment of travel paragraph (a)(1) and of a principal de expenses of Government employees, inpartmental officer to determine that cluding DOE employees. payment of travel expenses is in the interest of the Government under para

$ 1060.401 Applicability of internal graph (a)(5) of this section may not be

DOE rules. delegated.

Payment of travel expenses under (c) Within 30 days of providing writ- $1060.101(a) (1) through (5) shall be subten approval of an invitation under ject to other Department rules relating paragraph (a)(1)(i) of this section, a to authorization of travel. designated official who is an Adminis

ator of a power administration or the $ 1060.501 Definitions. head of a Field Organization shall For purposes of this parttransmit a copy of the written ap- (a) Counselor means the General proval to the principal departmental Counsel of the Department or the Genofficer to whom the official or the offi- eral Counsel of the Federal Energy cial's organization reports.

Regulatory Commission or their dele(d) Payment of travel expenses may gates, as appropriate. not be made pursuant to an invitation (b) Designated official means (1) a to travel under paragraphs (a)(1) or principal departmental officer, (2) an (a)(5) unless the written approval and individual who is appointed to a posistatement of reasons required by para- tion in the Department by the Presigraph (a)(1), or the written determina dent of the United States with the adtions required by paragraph (a)(5) of vice and consent of the Senate, (3) the this section, are made before the travel Administrator of a power administrato be authorized by the invitation tion, or (4) the head of a Field Organitakes place.

zation. (e) Nothing in this section shall be (c) DOE or Department means the Deinterpreted to prohibit payment for partment of Energy established by the travel expenses that are reimbursable Department of Energy Organization

tra

Act, section 201, Pub. L. 95–91 (42 U.S.C. 7131).

(d) Employee means

(1) An employee as defined by 5 U.S.C. 2105;

(2) A special Government employee as defined in 18 U.S.C. 202(a);

(3) A member of a Uniformed Service.

(e) Handicapped individual means a person who has a physical or mental disability or health impairment, and includes an individual who is temporarily incapacitated because of illness or injury.

(f) Principal departmental officer means the Secretary, Deputy Secretary, or Under Secretary, or, in the case of the Federal Energy Regulatory

Commission, the Chairman or Executive Director of the Commission.

(g) Relative means, with respect to a DOE employee, an individual who is related to the employee, by blood, marriage, or operation of law, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandchild, grandparent, fatherin-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sisterin-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister, and shall also include the grandparent of an employee's spouse, an employee's fiance or fiancee, or any person residing in the employee's household.

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