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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.

DOE F 97353

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.

1 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 (1) Pursuant to an invitation received

EXPENSES OF PERSONS WHO ARE by that person from the Department to NOT GOVERNMENT EMPLOYEES

confer with a DOE employee on matters essential to the advancement of

DOE programs or objectives and (i) in Sec. 1060.101 Persons who may be paid.

the case of a person invited to confer at

the post of duty of the conferring DOE 1060.201 Relatives, contractors, and assistance award recipients.

employee, a designated official has ap1060.301 Government employees.

proved and stated the reasons for the 1060.401 Applicability of internal DOE rules.

invitation in writing, or (ii) in the case 1060.501 Definitions.

of a person invited to confer at a place

other than the post duty of the conferAUTHORITY: Sec. 644, Pub. L. 95–91, 91 Stat.

ring DOE employee, a principal depart599 (42 U.S.C. 7254).

mental official has approved and stated SOURCE: 46 FR 35631, July 10, 1981, unless the reasons for the invitation in writotherwise noted.

ing;

(2) Pursuant to an invitation for an 8 1060.101 Persons who may be paid.

interview to a prospective employee of (a) Payment may not be authorized the Department who is an applicant for or approved for transportation, lodg- (i) a position in the Department classiing, subsistence, or other travel ex- fied at GS-16 or above of the General penses from DOE funds to, or on behalf Schedule or the rate of basic pay for of, a person who is not a Government which is fixed, other than under the employee unless such payment is General Schedule, at a rate equal to or made

greater than the minimum rate of

or allowable by the Department under the terms of a DOE contract or assistance award.

basic pay fixed for GS-16, (ii) a position for which a determination has been made that there is a manpower shortage pursuant to 5 U.S.C. 5723, or (iii) a DOE position for which the Department has the exclusive duties of recruitment and selection;

(3) In accordance with 28 U.S.C. 1821 or other applicable law, to a person who is subpoenaed by the Department to appear and testify or to appear and to produce documents at a designated place;

(4) To a person who serves as a travel attendant for a handicapped individual who is authorized to travel at DOE expense and who cannot travel alone because of the handicap; or

(5) Pursuant to a written determination of a principal departmental officer that it is in the interest of the Government to provide such payment, where the Counselor has determined in writing that the payment is authorized under 5 U.S.C. ch. 57 or other statutory authority.

(b) The authority of a designated official or a principal departmental officer, as the case may be, to provide approval of an invitation to travel under paragraph (a)(1) and of a principal departmental officer to determine that payment of travel expenses is in the interest of the Government under paragraph (a)(5) of this section may not be delegated.

(c) Within 30 days of providing written approval of an invitation under paragraph (a)(1)(i) of this section, a designated official who is an Administrator of a power administration or the head of a Field Organization shall transmit a copy of the written approval to the principal departmental officer to whom the official or the official's organization reports.

(d) Payment of travel expenses may not be made pursuant to an invitation to travel under paragraphs (a)(1) or (a)(5) unless the written approval and statement of reasons required by paragraph (a)(1), or the written determinations required by paragraph (a)(5) of this section, are made before the travel to be authorized by the invitation takes place.

(e) Nothing in this section shall be interpreted to prohibit payment for travel expenses that are reimbursable

$ 1060.201 Relatives, contractors, and

assistance award recipients. Notwithstanding any other provision in this part, a DOE employee may not authorize or approve, require another person to authorize or approve, or advocate the authorization or approval of, payment from DOE funds of travel expenses of a person who is not a Government employee and who is (a) the DOE employee's relative (except in the case of payment under $1060.101(a)(4)), or (b) in the case of payment under § 1060.101(a)(1), a DOE contractor or a DOE assistance award recipient or the employee of a DOE contractor or a DOE assistance award recipient unless the travel expenses are incurred with respect to matters outside the scope of the contract or assistance award, as the case may be. (See also $ 1060.101(e).) § 1060.301 Government employees.

Nothing in this part shall be interpreted as ng applicable to authorization or approval of payment of travel expenses of Government employees, including DOE employees. § 1060.401 Applicability of internal

DOE rules. Payment of travel expenses under 1060.101(a) (1) through (5) shall be subject to other Department rules relating to authorization of travel.

$ 1060.501 Definitions.

For purposes of this part

(a) Counselor means the General Counsel of the Department or the General Counsel of the Federal Energy Regulatory Commission or their delegates, as appropriate.

(b) Designated official means (1) a principal departmental officer, (2) an individual who is appointed to a position in the Department by the President of the United States with the advice and consent of the Senate, (3) the Administrator of a power administration, or (4) the head of a Field Organization.

(c) DOE or Department means the Department of Energy established by the Department of Energy Organization 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.

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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