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. Soo 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 76. 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.

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 to appear and testify or to appear and



(4) To a person who serves as a travel

attendant for a handicapped individual Sec. 1060.101 Persons who may be paid.

who is authorized to travel at DOE ex1060.201 Relatives, contractors, and assist- pense and who cannot travel alone beance award recipients.

cause of the handicap; or 1060.301 Government employees.

(5) Pursuant to a written determina1060.401 Applicability of internal DOE rules.

tion of a principal departmental officer 1060.501 Definitions.

that it is in the interest of the GovernAUTHORITY: Sec. 644, Pub. L. 95-91, 91 Stat. ment to provide such payment, where 599 (42 U.S.C. 7254).

the Counselor has determined in writSOURCE: 46 FR 35631, July 10, 1981, unless ing that the payment is authorized otherwise noted.

under 5 U.S.C. ch. 57 or other statutory

authority. 8 1060.101 Persons who may be paid.

(b) The authority of a designated offi(a) Payment may not be authorized cial or a principal departmental offior approved for transportation, lodg- cer, as the case may be, to provide ap ing, subsistence, or other travel ex- proval of an invitation to travel under penses from DOE funds to, or on behalf paragraph (a)(1) and of a principal deof, a person who is not a Government partmental officer to determine that employee unless such payment is payment of travel expenses is in the inmade

terest of the Government under para(1) Pursuant to an invitation received graph (a)(5) of this section may not be by that person from the Department to delegated. confer with a DOE employee on mat- (c) Within 30 days of providing writters essential to the advancement of ten approval of an invitation under DOE programs or objectives and (i) in paragraph (a)(1)(i) of this section, a the case of a person invited to confer at designated official who is an Administhe post of duty of the conferring DOE trator of a power administration or the employee, a designated official has ap- head of a Field Organization shall proved and stated the reasons for the transmit a copy of the written ap invitation in writing, or (ii) in the case proval to the principal departmental of a person invited to confer at a place officer to whom the official or the offiother than the post duty of the confer- cial's organization reports. ring DOE employee, a principal depart- (d) Payment of travel expenses may mental official has approved and stated not be made pursuant to an invitation the reasons for the invitation in writ- to travel under paragraphs (a)(1) or ing;

(a)(5) unless the written approval and (2) Pursuant to an invitation for an statement of reasons required by parainterview to a prospective employee of graph (a)(1), or the written determinathe Department who is an applicant for tions required by paragraph (a)(5) of (1) a position in the Department classi- this section, are made before the travel fied at GS-16 or above of the General to be authorized by the invitation Schedule or the rate of basic pay for takes place. which is fixed, other than under the (e) Nothing in this section shall be General Schedule, at a rate equal to or interpreted to prohibit payment for greater than the minimum rate of travel expenses that are reimbursable 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

§ 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 ad

vocate 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 being applicable to authorization or approval of payment of travel expenses of Government employees, including DOE employees. $ 1080.401 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.

(1) 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.



Part 1101 1102

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