[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14715]
[[Page Unknown]]
[Federal Register: June 17, 1994]
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EXPORT-IMPORT BANK OF THE UNITED STATES
12 CFR Part 412
Acceptance of Payment From a Non-Federal Source for Travel
Expenses
AGENCY: Export-Import Bank of the United States.
ACTION: Final rule.
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SUMMARY: This final rule implements the statutory authority of the
Export-Import Bank of the United States (Eximbank) to accept from non-
Federal sources reimbursement for travel and subsistence expenses
incurred by Eximbank employees in connection with official travel to a
meeting or similar event. Authorized meetings or similar events under
this final rule do not include those described in the Federal Travel
Regulations permitting Federal agencies to accept payments from non-
Federal sources for travel expenses. This final rule, by effectuating
Eximbank's statutory gift acceptance authority, will further the
mission of Eximbank by enabling Eximbank to issue more official travel
orders for employees to conduct agency business than Eximbank would
otherwise be able to issue under its authorized annual travel budget.
EFFECTIVE DATE: June 17, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Paul W. Boyer, Export-Import Bank
of the United States, Office of The General Counsel, telephone (202)
377-7605.
SUPPLEMENTARY INFORMATION:
I. Background
Section 2(a)(1) of the Export-Import Bank Act of 1945, as amended
(12 U.S.C. 635(a)), enables Eximbank, subject to regulations issued
pursuant to 5 U.S.C. 553, to accept reimbursement for travel and
subsistence expenses incurred by a director, officer or employee of
Eximbank in accordance with subchapter I of chapter 57 of title 5,
United States Code. In order to implement this statutory authority,
Eximbank is issuing a regulation that sets forth the parameters for
accepting payment from a non-Federal source for an Eximbank employee's
travel and subsistence expenses to attend or participate in an event
relating to the employee's official duties. The regulation applies to
events other than a ``meeting or similar function'' as defined in 41
CFR 304-1.2(c)(3). The rule enables Eximbank to accept travel expense
payments in order to send employees to such functions as meetings,
formal gatherings, site visits, negotiation sessions and other similar
events in which the employee's participation would further the mission
of Eximbank.
In order to avoid any actual impropriety or appearance of
impropriety in the acceptance of travel expense payments, the
regulation requires that the employee's supervisor and the designated
agency ethics official or his/her designee determine that Eximbank's
interest in the employee's attendance at the meeting or similar event
outweighs concern that acceptance of the payment by Eximbank may cause
a reasonable person to question the integrity of Eximbank's programs or
operations. As provided in the authorizing statute, the regulation
limits payments from a non-Federal source for travel and subsistence
payments to the maximum per diem or actual service limitations
prescribed in 41 CFR chapter 301.
II. Matters of Regulatory Procedure
Administrative Procedure Act
As General Counsel of Eximbank, I have found good cause pursuant to
5 U.S.C. 553(b) and (d)(3) for waiving, as unnecessary and contrary to
the public interest, the general notice of proposed rulemaking and the
30-day delay in effectiveness as to this final rule. The reason for
this determination is that this rulemaking is related to Eximbank
organization, procedure and practice.
Regulatory Flexibility Act
As General Counsel of Eximbank, I have determined under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this regulation
will not have a significant impact on small business entities.
Paperwork Reduction Act
As General Counsel of Eximbank, I have determined that the
Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because
this regulation does not contain any information collection
requirements that require the approval of the Office of Management and
Budget.
List of Subjects in 12 CFR Part 412
Government employees, Travel and transportation expenses.
Dated: June 13, 1994.
Carol F. Lee,
General Counsel, Export-Import Bank of the United States.
For the reasons set forth in the preamble, the Export-Import Bank
of the United States is amending title 12, chapter IV, of the Code of
Federal Regulations, by adding a new part 412 to read as follows:
PART 412--ACCEPTANCE OF PAYMENT FROM A NON-FEDERAL SOURCE FOR
TRAVEL EXPENSES
Sec.
412.1 Authority.
412.3 General.
412.5 Policy.
412.7 Conditions for acceptance.
412.9 Conflict of interest analysis.
412.11 Payment guidelines.
412.13 Limitations and penalties.
Authority: 5 U.S.C. 5701-5709; 12 U.S.C. 635(2)(a)(1).
Sec. 412.1 Authority.
This part is issued under the authority of 5 U.S.C. 553, 5 U.S.C.
5701-5709 and 12 U.S.C. 635(2)(a)(1).
Sec. 412.3 General.
(a) Applicability. This part applies to acceptance by the Export-
Import Bank of the United States (Eximbank) of payment from a non-
Federal source for travel, subsistence, and related expenses with
respect to the attendance of an employee in a travel status at any
meeting or similar event relating to the official duties of the
employee, other than those described in 41 CFR 304-1.2. This part does
not authorize acceptance of such payments by an employee in his/her
personal capacity.
(b) Solicitation prohibited. An employee shall not solicit payment
for travel, subsistence and related expenses from a non-Federal source.
However, after receipt of an invitation from a non-Federal source to
attend a meeting or similar event, Eximbank or the employee may inform
the non-Federal source of this authority.
(c) Definitions. As used in this part, the following definitions
apply:
(1) Conflicting non-Federal source. Conflicting non-Federal source
means any person who, or entity other than the Government of the United
States which, has interests that may be substantially affected by the
performance or nonperformance of the employee's duties.
(2) Employee. Employee means any director, officer or other
employee of Eximbank.
(3) Meeting or similar event. Meeting or similar event means a
meeting, formal gathering, site visit, negotiation session or similar
event that takes place away from the employee's official station and
which is directly related to the mission of Eximbank. This term does
not include any meeting or similar function described in 41 CFR 304-1.2
or sponsored by Eximbank. A meeting or similar event need not be widely
attended for purposes of this definition.
(4) Non-Federal source. Non-Federal source means any person or
entity other than the Government of the United States. The term
includes any individual, private or commercial entity, nonprofit
organization or association, state, local, or foreign government, or
international or multinational organization.
(5) Payment. Payment means funds paid or reimbursed to Eximbank by
a non-Federal source for travel, subsistence, and related expenses by
check or similar instrument, or payment in kind.
(6) Payment in kind. Payment in kind means goods, services or other
benefits provided by a non-Federal source for travel, subsistence, and
related expenses in lieu of funds paid to Eximbank by check or similar
instrument for the same purpose.
(7) Travel, subsistence and related expenses. Travel, subsistence
and related expenses means the same types of expenses payable under 41
CFR chapter 301.
Sec. 412.5 Policy.
As provided in this part, Eximbank may accept payment from a non-
Federal source (or authorize an employee to receive such payment on its
behalf) with respect to attendance of the employee at a meeting or
similar event which the employee has been authorized to attend in an
official capacity on behalf of Eximbank. The employee's immediate
supervisor and Eximbank's designated agency ethics official or his/her
designee (DAEO) must approve any offer and acceptance of payment under
this part in accordance with the procedures described below. If the
employee is a member of Eximbank's Board of Directors, only the DAEO's
approval is required. Any employee authorized to travel in accordance
with this part is subject to the maximum per diem or actual subsistence
expense rates and transportation class of service limitations
prescribed in 41 CFR chapter 301.
Sec. 412.7 Conditions for acceptance.
(a) Eximbank may accept payment for employee travel from a non-
Federal source when a written authorization to accept payment is issued
in advance of the travel following a determination by the employee's
supervisor (except in the case of Board members) and the DAEO that the
payment is:
(1) For travel relating to an employee's official duties under an
official travel authorization issued to the employee;
(2) For attendance at a meeting or similar event as defined in
Sec. 412.3(c)(3):
(i) In which the employee's participation is necessary in order to
further the mission of Eximbank;
(ii) Which cannot be held at the offices of Eximbank for
justifiable business reasons in light of the location and number of
participants and the purpose of the meeting or similar event; and
(iii) Which is taking place at a location and for a period of time
that is appropriate for the purpose of the meeting or similar event;
(3) From a non-Federal source that is not a conflicting non-Federal
source or from a conflicting non-Federal source that has been approved
under Sec. 412.9; and
(4) In an amount which does not exceed the maximum per diem or
actual subsistence expense rates and transportation class of service
limitations prescribed in 41 CFR chapter 301.
(b) An employee requesting approval of payment of travel expenses
by a non-Federal source under this part shall submit to the employee's
supervisor (except in the case of Board members) and the DAEO a written
description of the following: the nature of the meeting or similar
event and the reason that it cannot be held at Eximbank, the date(s)
and location of the meeting or similar event, the identities of all
participants in the meeting or similar event, the name of the non-
Federal source offering to make the payment, the amount and method of
the proposed payment, and the nature of the expenses.
(c) Payments may be accepted from multiple sources under paragraph
(a) of this section.
Sec. 412.9 Conflict of interest analysis.
Eximbank may accept payment from a conflicting non-Federal source
if the conditions of Sec. 412.7 are met and the employee's supervisor
(except in the case of Board members) and the DAEO determine that
Eximbank's interest in the employee's attendance at or participation in
the meeting or similar event outweighs concern that acceptance of the
payment by Eximbank may cause a reasonable person to question the
integrity of Eximbank's programs and operations. In determining whether
to accept payment, Eximbank shall consider all relevant factors,
including the purpose of the meeting or similar event, the importance
of the travel for Eximbank, the nature and sensitivity of any pending
matter affecting the interests of the conflicting non-Federal source,
the significance of the employee's role in any such matter, the
identity of other expected participants, and the location and duration
of the meeting or similar event.
Sec. 412.11 Payment guidelines.
(a) Payments from a non-Federal source, other than payments in
kind, shall be by check or similar instrument made payable to Eximbank.
Payments from a non-Federal source, including payments in kind, are
subject to the maximum per diem or actual subsistence expense rates and
transportation class of service limitations prescribed in 41 CFR
chapter 301.
(b) If Eximbank determines in advance of the travel that a payment
covers some but not all of the per diem costs to be incurred by the
employee, Eximbank shall authorize a reduced per diem rate, in
accordance with 41 CFR part 301-7.12.
Sec. 412.13 Limitations and penalties.
(a) This part is in addition to and not in place of any other
authority under which Eximbank may accept payment from a non-Federal
source or authorize an employee to accept such payment on behalf of
Eximbank. This part shall not be applied in connection with the
acceptance by Eximbank of payment for travel, subsistence, and related
expenses incurred by an employee to attend a meeting or similar
function described in and authorized by 41 CFR part 304-1.
(b) An employee who accepts any payment in violation of this part
is subject to the following:
(1) The employee may be required, in addition to any penalty
provided by law and applicable regulations, to repay for deposit to the
general fund of the Treasury, an amount equal to the amount of the
payment so accepted; and
(2) When repayment is required under paragraph (b)(1) of this
section, the employee shall not be entitled to any payment or
reimbursement from Eximbank for such expenses.
[FR Doc. 94-14715 Filed 6-16-94; 8:45 am]
BILLING CODE 6690-01-P
