[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