may via e-mail office of the inspector general export ... · 5/9/2019 · government oversight...

May 9, 2019

VIA E-MAIL

Office of the Inspector General Export-Import Bank of the United States 811 Vermont Ave., N.W. Washington, D.C. 20571 E-mail: [email protected]

Re: Request for Investigation of Use of Government-Owned or Leased Vehicles

Dear Acting Inspector General Parisa Salehi:

I write on behalf of Cause of Action Institute (“CoA Institute”), a 501(c)(3) nonpartisan government oversight organization, to request that the Export-Import Bank (“EXIM”) Office of Inspector General initiate an investigation into EXIM’s potential misuse of government-owned or leased vehicles (“GOVs”). CoA Institute has reviewed EXIM’s vehicle-use log and identified twenty-four potential violations of EXIM’s Vehicle Use Policy since January 1, 2017.1

In response to a report published by your office in 2016, EXIM agreed to update the agency’s Vehicle Use Policy and put in place a vehicle log to track the use of EXIM GOVs.2 Building upon your work, CoA Institute submitted a Freedom of Information Act request (“FOIA”) to EXIM on April 3, 2019, seeking the updated Vehicle Use Policy and the vehicle-use log from January 1, 2017, to the present.3 CoA Institute received EXIM’s final response to the FOIA request on May 7, 2019, in which the agency released the requested records in their entirety.4

The EXIM Vehicle Use Policy provided to CoA Institute states specific criterion for which employees are eligible to use GOVs:5

The Bank allows officially designated employee operators (drivers) to use GOVs for the following official purposes:

1.3.1 Transporting the Chairman and/or Directors for official purposes.

1 Ex. 1. An Excel version of this file is attached to the cover e-mail. CoA Institute has also attached the source Excel file provided by EXIM in response to the FOIA request. 2 See generally OFFICE OF INSPECTOR GEN., EXPORT-IMPORT BANK OF THE U.S., EVALUATION OF EXPORT-IMPORT BANK’S PROCUREMENT PROCESS FOR A VEHICLE LEASE (Sept. 2016), available at http://bit.ly/2IaBpWU. 3 Ex. 2. 4 Ex. 3 5 Ex. 4

Acting Inspector General Salehi May 7, 2019

1.3.2 Providing courier service between the Bank and other federal agencies and embassies.

1.3.3 Transporting Presidential appointed, Senate Confirmed (PAS) employees to meetings and conferences.

1.3.4 Home-to-work travel is only allowed per the Federal Management Regulation Part 102-5 criteria, which generally do not apply to Bank business.

1.3.5 Travel for personal errands/business (e.g., stops for meals and pick up the dry cleaners) is only permitted for TDY travel

1.3.6 Transporting Government contractors for official purposes that are authorized by their contract.

CoA Institute’s review of the vehicle-use log provided in response to the FOIA request identified twenty-four instances where the use of GOVs may have violated EXIM’s Vehicle Use Policy.6 Specifically, it appears that GOVs were used to transport employees who are neither “Chairman and/or Directors” (1.3.1) or “Presidential appointed, Senate Confirmed (PAS) employees” (1.3.3). Further, ten of the trips were to House or Senate office buildings and therefore not covered by “[p]roviding courier service between the Bank and other federal agencies and embassies.” (1.3.2).

The lack of detail in the vehicle-use logs should also be addressed. In a Management Comment in the 2016 Inspector General report, EXIM stated that its vehicle log would be used “to document when the vehicles are used (date and times), by whom, for what purpose, starting and ending locations, total mileage, fuel usage, and other relevant data.”7 But the vehicle use log provided to CoA Institute fails to include information about the purpose of many of the GOV trips, making it difficult to decipher if the GOV was used for an official purpose and not for personal errands or home-to-work travel.

For these reasons, CoA Institute respectfully requests an investigation into this matter by the Office of Inspector General. If you have any questions about this request, please contact me by telephone at (202) 499-2422 or by e-mail at [email protected]. Thank you for your attention to this matter.

6 Ex 1. 7 Supra note 2 at 10 (emphasis added).

Acting Inspector General Salehi May 7, 2019

_____________________________________ KEVIN SCHMIDT DIRECTOR OF INVESTIGATIONS

cc: Jennifer Fain, Assistant Inspector General for Audits and Evaluations Export-Import Bank Office of Inspector General

EXHIBIT

1

Questionable vehicle use byExport-Import Bank employees who are not Presidential appointed, Senate

Confirmed (PAS) employees.

Spreadsheet created by Cause of Action Institute

Date DESTINATION Mileage out Time out Mileage in Time in Passenger Passanger 2 Passenger 3 Passenger 4 Total Miles Tag #

3/14/2017EXIM to Dept of Transportation 4:00p 5:30p

Jesse Law, Senior Vice President, Chief of Staff and White House Liaison 0

3/22/2017 EXIM to USDA 3:00p 4:30p

Jesse Law, Senior Vice President, Chief of Staff and White House Liaison

Jim Cruse, Senior Vice President, Office of Policy Analysis and International Relations 0

3/29/2017 EXIM to SBA 3st se 1:30p 3:00p


Jim Burrows, Senior Vice President of Small Business

Ryan Caudelle, Deputy Chief of Staff 0

6/10/2017 EXIM to Hart SOB 9:30a 11:30aAngela Freyre, Senior Vice President, General Counsel 0

6/28/2017 Hart SOB 16154 2:30p 16158 4:00p

Kevin Warnke, Vice President, Congressional and Intergovernmental Affairs 4

8/8/2017 EXIM to Oniell HOB 2:30p 4:00p


Natalie McGarry, Senior Vice President of Congressional & Intergovernmental Affairs 0

8/18/2017 MEXICO 2121 M ST NW 4:00p 5:15


8/22/2017 EXIM to USDA 245p 3:30p


9/20/2017 EXIM to Russell SOB 12:45p 3:35p


Natalie McGarry, Senior Vice President of Congressional & Intergovernmental Affairs

Anna McAlvanah, Director of Congressional Affairs 0

9/21/2017 EXIM to Hart SOB 2:00p 4:20p

Kevin Warnke, Vice President, Congressional and Intergovernmental Affairs 0

9/28/2017 EXIM to Hart SOB 16516 10:00a 16520 12:30p

Jennifer Hazelton, Senior Vice President of Communications & Marketing 4

10/4/2017 EXIM to Longworth HOB 11:00a 2:30p

Natalie McGarry, Senior Vice President of Congressional & Intergovernmental Affairs Alex Menzel, Economic Advisor 0

10/24/2017 EXIM to OPM 16544 9:00a 16547 11:00a


11/1/2017 EXIM to Dirksen 16550 9:00a 16552 11:00a



12/13/2017 EXIM to EEOB‐Eisenhower bld 3:00p


3/5/2018 EXIM to DOT 7st sw 10:00a 12:00nKevin Turner, Senior Vice President and General Counsel 0

3/15/2018 EXIM to L'Enfant Plaza 17130 9:30a 17137 12:00nKevin Turner, Senior Vice President and General Counsel Douglas Adler, Lead Counsel 7

4/4/2018 EXIM to DOT 10:00a 12:25pDoug Adler, Deputy General Counsel

Michael Ding, Deputy White House Liasion

Isabal Galdiz, Vice President of International Relations 0

4/17/2018EXIM to Philippine Embassy 1600 Mass ave 9:00a 11:39a


Michael Ding, Deputy White House Liasion 0

6/1/2018 USDA 17299 9:30a 17301 12:30p

Jennifer Hazelton, Senior Vice President of Communications & Marketing 2

7/23/2018 EXIM to Hart SOB 17335 8:30a 17339 11:00a


Margaux Matter, Senior Vice President and Chief of Staff

Alex Menzel, Economic Advisor 4

8/3/2018 EXIM to Russell SOB 17349 1:30a 17354 5:30pMichael Ding, Deputy White House Liasion


Jim Cruse, Senior Vice President, Office of Policy Analysis and International Relations

Margaux Matter, Senior Vice President and Chief of Staff 5

12/14/2018 EEOB 17490 10:30a 17493 1:30p

Jim Cruse, Senior Vice President, Office of Policy Analysis and International Relations

Margaux Matter, Senior Vice President and Chief of Staff

Michael Ding, Deputy White House Liasion 3

1/24/2019 EXIM to USTR 17517 12:00n 17519 12:30p

Natalie McGarry, Senior Vice President of Congressional & Intergovernmental Affairs 2

EXHIBIT

2

April 3, 2019

VIA E-MAIL

Export-Import Bank of the United States Freedom of Information and Privacy Office 811 Vermont Ave., N.W. Washington, D.C. 20571 E-mail: [email protected]

Re: Freedom of Information Act Request

Dear FOIA Officer:

I write on behalf of Cause of Action Institute (“CoA Institute”), a 501(c)(3) nonpartisan government oversight organization that uses investigative, legal, and communications tools to educate the public about how government accountability, transparency, and the rule of law protect individual liberty and economic opportunity.1

Pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, CoA Institute hereby requests:

A copy of the Export-Import Bank’s (“Ex-Im”) Vehicle Use Policy Ex-Im’s vehicle use log from January 1, 2017, to the present.2

Ex-Im referred to these documents in response to a 2016 report from the Office of Inspector General.3

Request for a Public Interest Fee Waiver

CoA Institute requests a waiver of any and all applicable fees. The FOIA and applicable regulations provide that the agency shall furnish requested records without or at reduced charge if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not

1 See CAUSE OF ACTION INSTITUTE, About, www.causeofaction.org/about/. 2 For purposes of this request, the term “present” should be construed as the date on which the agency begins its search for responsive records. See Pub. Citizen v. Dep’t of State, 276 F.3d 634 (D.C. Cir. 2002). The term “record” means the entirety of the record any portion of which contains responsive information. See Am. Immigration Lawyers Ass’n v. Exec. Office for Immigration Review, 830 F.3d 667, 677-78 (D.C. Cir. 2016) (admonishing agency for withholding information as “non-responsive” because “nothing in the statute suggests that the agency may parse a responsive record to redact specific information within it even if none of the statutory exemptions shields that information from disclosure”). 3 See generally OFFICE OF INSPECTOR GEN., EXPORT-IMPORT BANK OF THE UNITED STATES, EVALUATION OF

EXPORT-IMPORT BANK’S PROCUREMENT PROCESS FOR A VEHICLE LEASE (Sept. 2016), available at http://bit.ly/2IaBpWU.

Export-Import Bank of the United States April 3, 2019 Page 2 primarily in the commercial interest of the requester.”4 In this case, the requested records unquestionably shed light on the “operations or activities of the government” as they will reveal whether Ex-Im has implemented recommendations from the Office of Inspector General. Responsive records will significant contribute to public understanding because, to date, the Vehicle Use Policy and vehicle use logs have not been publicly released.

CoA Institute has both the intent and ability to make the results of this request available to a reasonably broad public audience through various media. Its staff has significant experience and expertise in government oversight, investigative reporting, and federal public interest litigation. These professionals will analyze the information responsive to this request, use their editorial skills to turn raw materials into a distinct work, and share the resulting analysis with the public, whether through the Institute’s regularly published online newsletter, memoranda, reports, or press releases.5 In addition, as CoA Institute is a non-profit organization as defined under Section 501(c)(3) of the Internal Revenue Code, it has no commercial interest in making this request.

Request to Be Classified as a Representative of the News Media

As the D.C. Circuit recently held, the “representative of the news media” test is properly focused on the requestor, not the specific FOIA request at issue.6 CoA Institute satisfies this test because it gathers information of potential interest to a segment of the public, uses its editorial skills to turn raw materials into a distinct work, and distributes that work to an audience. Although it is not required by the statute, CoA Institute gathers the news it regularly publishes from a variety of sources, including FOIA requests, whistleblowers/insiders, and scholarly works. It does not merely make raw information available to the public, but rather distributes distinct work products, including articles, blog posts, investigative reports, newsletters, and congressional testimony and statements for the record.7 These distinct works are distributed to

4 5 U.S.C. § 552(a)(4)(A)(iii); see also Cause of Action v. Fed. Trade Comm’n, 799 F.3d 1108, 1115–19 (D.C. Cir. 2015) (discussing proper application of public-interest fee waiver test). 5 See also Cause of Action, 799 F.3d at 1125–26 (holding that public interest advocacy organizations may partner with others to disseminate their work). 6 See id. at 1121. 7 See, e.g., COA INSTITUTE, EVADING OVERSIGHT: THE ORIGINS AND IMPLICATIONS OF THE IRM CLAIM THAT

ITS RULES DO NOT HAVE AN ECONOMIC IMPACT (Jan. 2018), http://coainst.org/2mgpYAu; CoA Institute, Documents Reveal Special Interest Groups Lobbied HUD for Mortgage Settlement Funds (Aug. 8, 2017), http://coainst.org/2yLaTyF; CoA Institute, The GSA Has No Records on its New Policy for Congressional Oversight Requests (July 26, 2017), http://coainst.org/2eHooVq; COA INSTITUTE, SENSITIVE CASE REPORTS: A HIDDEN CAUSE OF THE IRS TARGETING SCANDAL (Mar. 2017), http://coainst.org/2y0fbOH; CoA Institute, Sec. Vilsack followed ethics guidelines when negotiating his future employment, (Feb. 3, 2017), http://coainst.org/2mJljJe; COA INSTITUTE, INVESTIGATIVE REPORT: PRESIDENTIAL ACCESS TO TAXPAYER

INFORMATION (Oct. 2016), http://coainst.org/2d7qTRY; James Valvo, There is No Tenth Exemption (Aug. 17, 2016), http://coainst.org/2doJhBt; COA INSTITUTE, MEMORANDUM: LEGAL ANALYSIS OF FORMER SECRETARY

OF STATE HILLARY CLINTON’S USE OF A PRIVATE SERVER TO STORE EMAIL RECORDS (Aug. 24, 2015), http://coainst.org/2eXhXe1; CoA Institute, CIA too busy for transparency (Aug. 11, 2016), http://coainst.org/2mtzhhP; Hearing on Revisiting IRS Targeting: Progress of Agency Reforms and Congressional Options Before the Subcomm. on Oversight, Agency Action, Fed. Rights & Fed. Courts of the S.

Export-Import Bank of the United States April 3, 2019 Page 3 the public through various media, including CoA Institute’s website, Twitter, and Facebook. CoA Institute also provides news updates to subscribers via e-mail.

The statutory definition of a “representative of the news media” contemplates that organizations such as CoA Institute, which electronically disseminate information and publications via “alternative media[,] shall be considered to be news-media entities.”8 In light of the foregoing, numerous federal agencies have appropriately recognized CoA Institute’s news media status in connection with its FOIA requests.9

Record Preservation Requirement

CoA Institute requests that the disclosure officer responsible for the processing of this request issue an immediate hold on all records responsive, or potentially responsive, to this request, so as to prevent their disposal until such time as a final determination has been issued on

Comm. on the Judiciary, 114th Cong. (Aug. 5, 2015) (statement of Erica L. Marshall, Counsel, CoA Inst.), http://coainst.org/2mJC8DH; Hearing on Watchdogs Needed: Top Government Investigator Positions Left Unfilled for Years Before the S. Comm. on Homeland Sec. & Gov’t Affairs, 114th Cong. (June 3, 2015) (statement of Daniel Z. Epstein, Exec. Dir., CoA Inst.), http://coainst.org/2mrwHr1; Hearing on Ongoing Oversight: Monitoring the Activities of the Justice Department’s Civil, Tax and Environmental and Natural Resources Divisions and the U.S. Trustee Program Before the H. Comm. on the Judiciary, 114th Cong. (May 19, 2015) (statement of Daniel Z. Epstein, Exec. Dir., CoA Inst.), http://coainst.org/2n7LxWG; COA

INSTITUTE, 2015 GRADING THE GOVERNMENT REPORT CARD (Mar. 16, 2015), http://coainst.org/2as088a; Hearing on Potential Reforms to the Freedom of Information Act (FOIA) Before the H. Comm. on Oversight & Gov’t Reform, 114th Cong. (Feb. 27, 2015) (statement of Daniel Z. Epstein, Exec. Dir., CoA Inst.), http://coainst.org/2lLsph8; COA INSTITUTE, GRADING THE GOVERNMENT: HOW THE WHITE HOUSE TARGETS

DOCUMENT REQUESTERS (Mar. 18, 2014), http://coainst.org/2aFWxUZ. 8 5 U.S.C. § 552(a)(4)(A)(ii)(II). 9 See, e.g., FOIA Request No. HQ-2019-00123-F, Dep’t of Energy (Nov. 26, 2018); FOIA Request No. OS-2019-00118, Dep’t of the Interior (Oct. 31, 2018); FOIA Request No. 2018-HQFO-01215, Dep’t of Homeland Sec. (July 10, 2018); FOIA Request No. CFA2018-05, U.S. Comm’n for Fine Arts (June 25, 2018); FOIA Request F-133-18, U.S. Agency for Int’l Dev. (Apr. 11, 2018); FOIA Request 18-HQ-F-487, Nat’l Aeronautics & Space Admin. (Apr. 11, 2018); FOIA Request 1403076-000, Fed. Bureau of Investigation (Apr. 11, 2018); FOIA Request 201800050F, Exp.-Imp. Bank (Apr. 11, 2018); FOIA Request 2016-11-008, Dep’t of the Treasury (Nov. 7, 2016); FOIA Requests OS-2017-00057 & OS-2017-00060, Dep’t of Interior (Oct. 31, 2016); FOIA Request 2017-00497, Office of Personnel Mgmt. (Oct. 21, 2016); FOIA Request 092320167031, Ctrs. for Medicare & Medicaid Servs. (Oct. 17, 2016); FOIA Request 17-00054-F, Dep’t of Educ. (Oct. 6, 2016); FOIA Request DOC-OS-2016-001753, Dept. of Commerce (Sept. 27, 2016); FOIA Request 2016-366-F, Consumer Fin. Prot. Bureau (Aug. 11, 2016); FOIA Request F-2016-09406, Dept. of State (Aug. 11, 2016); FOIA Request 2016-00896, Bureau of Land Mgmt. (Aug. 10, 2016); FOIA Request 796939, Dep’t of Labor (Mar. 7, 2016); FOIA Request 2015-HQFO-00691, Dep’t of Homeland Sec. (Sept. 22, 2015); FOIA Request HQ-2015-01689-F, Dep’t of Energy (Aug. 7, 2015); FOIA Request 2015-OSEC-04996-F, Dep’t of Agric. (Aug. 6, 2015); FOIA Request 15-05002, Sec. & Exch. Comm’n (July 23, 2015); FOIA Request 145-FOI-13785, Dep’t of Justice (Jun. 16, 2015); FOIA Request 2015-26, Fed. Energy Regulatory Comm’n (Feb. 13, 2015).

Export-Import Bank of the United States April 3, 2019 Page 4 the request and any administrative remedies for appeal have been exhausted. It is unlawful for an agency to destroy or dispose of any record subject to a FOIA request.10

Record Production and Contact Information

In an effort to facilitate document review, please provide the responsive documents in electronic form in lieu of a paper production. If a certain portion of responsive records can be produced more readily, CoA Institute requests that those records be produced first and the remaining records be produced on a rolling basis as circumstances permit.

If you have any questions about this request, please contact me by telephone at (202) 499-2422 or by e-mail at [email protected]. Thank you for your attention to this matter.

_____________________________________ KEVIN SCHMIDT DIRECTOR OF INVESTIGATIONS

10 See 36 C.F.R. § 1230.3(b) (“Unlawful or accidental destruction (also called unauthorized destruction) means . . . disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.”); Chambers v. Dep’t of the Interior, 568 F.3d 998, 1004-05 (D.C. Cir. 2009) (“[A]n agency is not shielded from liability if it intentionally transfers or destroys a document after it has been requested under the FOIA or the Privacy Act.”); Judicial Watch, Inc. v. Dep’t of Commerce, 34 F. Supp. 2d 28, 41-44 (D.D.C. 1998).

EXHIBIT

3

E}{IM EXPORT-IMPORT BANK OF THE UNfTEO STATES

May7,2019

Mr. Kevin Schmidt Cause of Action Institute 1875 Eye Street, N.W, Suite 800 Washington, DC 20006 Via Electronic Mail at: [email protected]

Re: FOIA Request# 201900038F

Dear Mr. Schmidt:

Rec/11C'i11u Uisk. U11lc><lsh i11y Opporl11nity.

This is the final response to your Freedom of Inf01mation Act (FOIA) request to the ExportImp01t Bank of the United States (Ex-Im Bank). We received your request in our FOIA Office via E-mail on April 3, 2019. You requested the following information:

1. "A copy of the Expo1t-Impo1t Bank's ("Ex-Im") Vehicle Use Policy 2. Ex-Im' s vehicle use log from January 1, 2017, to the present."

We conducted a comprehensive search of the files within the Office of the CFO, Acquisition & Business Services Division and the Office of Strategy & Performance, Facility Services & Capital Planning Department for records that would be responsive to your request. These are the component(s) within Ex-Im Bank in which responsive records could reasonably be expected to be found. The search produced the attached records. After carefully reviewing the responsive documents, we have determined they are releasable in their entirety; no deletions or exemptions have been claimed. For your convenience, we are attaching the documents to this message as a PDF and an Excel File.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. §552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all of our requesters and should not be taken as an indication that excluded records do, or do not, exist. Ex-Im Bank's FOIA regulations at 12 C.F.R.404.9 (a) state that Ex-Im Bank shall charge fees to recover the full allowable direct cost it incurs in processing request, but as a courtesy, we are waiving all fees.

811 Vermont Avenue. NW Washington, DC 20571 I Main: 202 565 3946 Fax: 202 565 3380

exim.gov

Mr. Kevin Schmidt Page2

I trust that this information fully satisfies your request. If you need fu1ther assistance or would like to discuss any aspect of your request please do not hesitate to contact our FOIA Public Liaison, Ms. Lennell Jackson at (202) 565-3290 or by E-Mail at [email protected].

Sincerely,

Lisa V. Teny ChiefFOIA Officer

Attachment: Responsive Documents (1 PDF file and 1 Excel Spreadsheet)

811 Vermont Avenue, NW Washington. DC 20571 I Main: 202 565 3946 I Fax: 202 565 3380

exim.gov

EXHIBIT

4

OFFICIAL POLICY

Acquisition and Use of Government Owned or Leased Vehicles

Source: Acquisition and Business Services Version: 3

Approved: Inci Tonguch-Murray Effective: 12/15/2016

Review: 7/9/2018

Title: Chief Financial Officer

11 POLICY 1.1 Purpose

This policy establishes policy and procedures for the acquisition or leasing and use of all motor vehicles owned or leased by Export-Import Bank of the United Sates (the Bank)

1.2 Background

This policy replaces and expands on the previous policy titled “Use of Government Owned or Leased Vehicles” which is hereby canceled.

This policy complies with 31 U.S. Code § 1344, which requires agencies to develop policies and procedures for the use government-owned or leased vehicles (GOVs). This policy also provides mandatory procedures for buying or leasing a GOV, consistent with Bank Office of Inspector General (OIG) report OIG-EV-16-03.

1.3 Policy Statement

For the purchase or lease of a GOV, the Bank will comply with the Federal Acquisition Regulation (FAR). In addition, the Bank will ensure utilization factors are documented and justified, will use the General Services Agency (GSA) Fleet Management to source vehicles, and comply with the Buy American Act. These practices ensure compliance with all laws and regulations and preclude the expenses of down payments or additional insurance costs. All future vehicle acquisitions will be documented in accordance with this policy.

The Bank will engage GSA Fleet, the federal vehicle leasing entity for the leasing of vehicles for the purpose of transportation of personnel and government property.

GSA Fleet is the government entity authorized through an independent statutory authority, to provide vehicle leasing and fleet management services to government agencies. The policy governing the acquisition and operation of GSA Fleet is set forth by the Federal Property Management Regulation (FPMR) See 41 C.F.R. Part 101-39.

EXIM engagement with GSA Fleet is not contractual, instead is authorized and governed by the implementing regulations included in

INCI TONGUCH-MURRAY

Digitally signed by INCI TONGUCH-MURRAY Date: 2018.07.09 15:29:53 -04'00'

7/9/2018 2


the Federal Property Management Regulation (FPMR) 41 C.F.R. Part 101-39. This policy sets utilization guidance and request for replacements or additions to the fleet. The Bank allows officially designated employee operators (drivers) to use GOVs for the following official purposes:

1.3.1 Transporting the Chairman and/or Directors for official purposes.

1.3.2 Providing courier service between the Bank and other federal agencies and embassies.

1.3.3 Transporting Presidential appointed, Senate Confirmed (PAS) employees to meetings and conferences.

1.3.4 Home-to-work travel is only allowed per the Federal Management Regulation Part 102-5 criteria, which generally do not apply to Bank business.

1.3.5 Travel for personal errands/business (e.g., stops for meals and pick up the dry cleaners) is only permitted for TDY travel

1.3.6 Transporting Government contractors for official purposes that are authorized by their contract.

22 AUTHORITY

2.1 Authority for this policy Legal Authority for this policy is set forth under the following public laws, rules, and regulations. To the extent that this policy conflicts with an existing law or regulation, the law or regulation shall prevail.

2.1.1 40 U.S.C. 471-535 and other U.S.C. sections establish GSA as a central organization providing an economic and efficient system for procurement. The Act sets forth requirements for the management of Government property. It provides a foundation for fleet management through property management law.

2.1.2 41 CFR § 10-26.501. GSA is a mandatory source of supply for the purchase of vehicles for Executive Agencies under the Federal Property Management Regulation (FPMR).

2.1.3 FAR Subpart 7.4 Provides guidance pertaining to the decision to acquire equipment by lease or purchase. It applies to both the initial acquisition of equipment and the renewal or extension of existing equipment leases.

2.1.4 FAR Subpart 8.11 deals with procedures for the leasing, from commercial concerns, of motor vehicles that comply with Federal Motor vehicle safety regulations.

2.1.5 41 U.S.C. §§ 8301–8305 (The Buy American Act) requires the United States government to prefer U.S. made products in its acquisitions.

2.1.6 41 CFR 102-2.5. The Federal Management Regulation Part 102-5 deals with Home-to-Work Transportation.

2.1.7 41 CFR 101.39 3 The use and care of GSA Interagency Fleet

7/9/2018 3


Management System (IFMS)

2.1.8 31 U.S Code § 1343-1344, 1349 establishes the basic parameters for use of GOVs, including limitations, exceptions, and potential penalties for misuse.

2.1.9 31 U.S. Code § 1349(b) restricts the use of Government- owned or leased vehicles to official purposes.

2.1.1041 C.F.R. § 102-34, Subpart D sets forth the GSA regulations governing official use of GOVs.

2.1.115 C.F.R. § 734.502(c)(4) pertains to special provisions for certain Presidential Appointees and employees to participate in political activity while on duty, in uniform, and in any room or building occupied in the discharge of official duties.

2.1.12 Executive Order 13043 requires each federal employee who occupies any seating position in a motor vehicle on official business to have the seat belt properly fastened at all times when the vehicle is in motion.

2.1.13 Executive Order 13513 prohibits the use of text-messaging by government employees or federal contractors while driving on official business.

2.2 RReview Cycle for this policy shall be annually

2.3 Review History

Date Changes

12/15/16 New policy implemented

3/31/17 GSA Fleet Management addition

7/9/18 Update Office Responsibility

3 DEFINITIONS 3.1 Official Purpose: Travel between places of official Bank business. Official Purpose does not include personal errands or making personal stops during official travel. Whether a particular use is "official" is a matter of administrative discretion. All factors must be considered including whether the use is essential to the successful completion of a Bank function, activity, or operation, as well as consistent with the purpose for which the motor vehicle was acquired.

3.2 Travel authorization: Written permission from an authorized agency representative to travel on official business.

3.3 Government-Owned Vehicle (GOV): An automobile that is (a) owned by the agency; or (b) assigned or dispatched to the agency from the GSA fleet.

3.4 Driving: Operating a GOV with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, entering or leaving a parking space, on an active roadway, or otherwise.

3.5 Hands-Free Device: An electronic device, especially a mobile phone, which can be operated without using one's hands.

3.6 Text Messaging: Reading or entering data into any handheld or other electronic device, including for the purpose of SMS texting, emailing,

7/9/2018 4


instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication while driving on official business is prohibited by Executive Order 13513.

3.7 VValid Driver’s License: A license to operate a motor vehicle, issued in the name of the driver by the proper authority of any State, the District of Columbia, or other U.S. territory, which is valid to operate a motor vehicle.

3.8 Vehicle Coordinator: A Bank employee who has responsibility for the day-to-day management of Bank GOVs. This individual is responsible for issuing keys, scheduling and assigning GOVs, and reporting problems caused by mechanical failure and/or accidents.

3.9 Vehicle Usage log: A record document maintained by driver and approved and managed by vehicle coordinator. Attached I provides template to use

3.10 Home-to-work (HtW): The use of a GOV to transport an employee between his/her home and place of work

4 SCOPE AND

APPLICATION

4.1 All vehicle acquisitions and negotiations will be performed by the Office

of Contracting Services (OCS). OCS employees must comply with the provisions of this policy as it pertains to their duties.

4.2 Office of Facilities is responsible for EXIM Fleet management and represents the Bank with GSA Fleet

4.3 The Bank employs one official driver, and alternate drivers to operate the GOVs used by the Bank. The primary and each alternate driver are subject to the provisions of this policy. Any other Bank employee authorized to operate a GOV is also subject to the provisions of this policy.

4.4 No officials of the Bank are authorized home-to-work transportation under 31 USC §1344(b). No employees of the Bank are engaged in field work eligible for home-to-work transportation under 13 USC §1344(a) or Part 102-5 of the Federal Management Regulation. If and to the extent that any employees of the Bank would require home to work transportation for reasons of clear and present danger or emergency (as these terms are defined in §102-5.30 of the Federal Management Regulation), the President of the Bank shall provide such authorization as provided in §102-5.50. .

4.5 Any Bank employee who willfully uses or authorizes the use of a government-owned or leased vehicle for other than official purposes shall be subject to adverse administrative action, up to and including removal from federal service.

4.6 Bank drivers shall read and adhere to the applicable Office of Personnel Management regulations, standards, and procedures with respect to motor vehicle operator requirements, as supplemented by this policy.

4.7 This Policy applies only to the use of government owned or leased vehicles and not to rental cars.

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55 RESPONSIBILITY 5.1 The Head of the Acquisition and Business Services, Head of Contracting Activity (HCA) is responsible for establishing the policies and procedures for vehicle acquisitions. The head of Acquisition and Business Services approves Memorandum Attachment C

Memorandum to GSA Fleet should include:

5.1.1 Type of Vehicle requested: Sedan or Passenger and Cargo Van

5.1.2 Projected use of miles per month for billing

5.1.3 Certification of funds and account code

5.1.4 Brief description of projected activity of vehicle

5.1.5 POC information

5.1.6 Data and location requested for the delivery of the vehicle

5.2 The Director of Facilities and Capital Planning is responsible for establishing the policies and procedures implementing the Bank’s GOV program, and for designating a Vehicle Coordinator to manage and administer the GOV program.

5.3 The Vehicle Coordinator is responsible for

5.3.1 Maintaining liaison with other Government departments and agencies on matters pertaining to GOVs, and motor vehicle safety;

5.3.2 Be the POC with GSA Fleet Zonal customer representative, follow the guidance and policy set forth in the GSA Fleet Customers Leasing Guide. Attachment B

5.3.3 Filling driver positions through hiring methods authorized by OPM, including verifying a safe driving record, and possessing a valid driver’s license.

5.3.4 Discuss and evaluate with Director of Facilities and HCA , best vehicle acquisition tools described in GSA Fleet that best fit agency needs.

5.3.5 For the request of a new vehicle or replacement, to contact GSA Fleet Zonal customer and prepare Memorandum for the approval of HCA and submission to GSA

5.3.6 Access Vendor Customer Self Service (VCSS), GSA invoice platform on monthly basis to pay vehicle lease invoices. Coordinate with Business Center and CFO budgetary and funding availability.

5.3.7 Approve and maintain driver’s log. See attachment

5.3.8 Ensuring that accidents involving GOVs are investigated thoroughly, and reports processed as required, and

5.4 Drivers of Bank GOVs are responsible for complying with the procedures and safety requirements outlined in this policy, and with obeying all motor vehicle traffic laws of the state and/or local jurisdiction in which they operate. Drivers will maintain vehicle usage logs detailing dates, times, user, purpose, starting location, ending

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location, total mileage, fuel usage and any other relevant data.

5.5 The General Counsel is responsible for determining liability and scope of employment with respect to GOVs.

66 PROCEDURES

6.1 Replacement of Vehicle Lease

6.1.1 HCA, Director of Facilities and Vehicle Coordinator should meet to define vehicle need and schedule

6.1.2 Vehicle Coordinator prepares draft Memorandum to send to GSA Fleet with specifications mentioned 5.1.1

6.1.3 HCA should approve and consult with General Counsel

6.2 Utilization and justification

6.2.1 Director of Facilities and Vehicle Coordinator should keep track of miles, number of trips and days used for vehicle use justification.

6.2.1.1. A memorandum to the HCA should be presented at the time of annual renewal of lease. Metrics for justification should include number of miles, total number of trips per year and total number of days used. Vehicle is justified if one or more to the following metrics applies: 12,000 miles per year; or

6.2.1.2. 78 days per year or

6.2.1.3. 100 trips per year

6.3 Main Driver Requirements

All drivers for Bank-owned and leased GOVs require the following:

6.3.1 A valid driver’s license.

6.3.2 Background check, including driving record, conducted by the Director of Security.

6.4 Scheduling Use of GOVs and Drivers

6.4.1 GOVs and drivers may be scheduled directly with the Chairman’s office, or through the Office of Facilities.

6.4.2 Driver will complete weekly logs attached. Logs are approved and archive by Vehicle Coordinator.

6.5 Maintenance and Care

All Bank employees using GOVs (including drivers and passengers) are responsible for the proper care, operation, maintenance, and protection of the GOV during their use.

6.5.1 Seatbelts must be worn at all times while operating or riding in GOVs;

6.5.2 Drivers are prohibited from text messaging and using electronic equipment while driving, including, but not limited to, cell phones, Blackberries, or other electronic devices;

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6.5.3 In order to protect GOVs from theft or damage, drivers must park or store the vehicle in a manner that reasonably protects it, and lock the vehicle when unattended; and

6.5.4 Bank employees should keep vehicle interiors clean and free of trash.

66.6 Traffic and Non-Moving Violations

6.6.1 Drivers should be familiar with, and must obey all motor vehicle traffic laws of the state, and/or local jurisdictions.

6.6.2 Drivers must report any tickets, or other violations to the Vehicle Coordinator within 24 hours of receipt. Any Driver who fails to report the ticket, respond to a court summons, or fails to promptly pay a fine, will be prohibited from driving a Bank GOV until the ticket issue and/or fine has been resolved.

6.6.3 Consistent with Executive Order 13513, drivers will use hands- free electronic devices and shall avoid distractions.

6.7 Fueling

6.7.1 Fuel for a GOV should be purchased using the Government Purchase Card (GPC) issued to the driver. In the event that a GPC is not available, personal funds may be used for fuel purchases, which will be reimbursed.

6.7.2 Drivers should use self-service pumps when possible with the grade of fuel recommended by the manufacturer.

6.8 Parking

6.8.1 Vehicles must be parked in the Bank’s Lafayette Building parking garage each night, unless the GOV authorization permits otherwise. There is no designated parking space number, but the GOV should be parked in a spot that allows for easy accessibility.

6.8.2 Parking spaces for daytime use are available in front of the Lafayette Building on a first-come, first-serve basis.

6.8.3 Drivers may park in commercial parking lots when performing official duties and drivers will be reimbursed for parking fees.

6.9 Passengers

6.9.1 GOVs may be used to transport employees or non-employees as long as the use is for official business only. A guest of an employee authorized use of GOV may accompany the employee on a space- available, no-increased-cost basis and only when approved in advance by the employee's supervisor. The supervisor shall take liability risks into consideration for such approvals.

6.10 Roadside Assistance

6.10.1In the case of vehicle trouble or mechanical failure of a GOV, the driver will immediately notify the Vehicle Coordinator. The Vehicle Coordinator will make arrangements to dispatch help to the driver. A driver should not abandon the GOV unless emergency medical attention is required, or in the event of similar exigent

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Circumstances.

6.10.2If the GOV is immobile, contact the Vehicle Coordinator to arrange for removal of the vehicle, and for your transportation back to the office.

66.11 Accidents

Drivers involved in an accident in a Bank GOV must follow the following procedures, if another vehicle or person is involved:

6.11.1Show a valid driver’s license to authorities responding to the scene or the other persons involved in the accident on request;

6.11.2Notify the police, the Vehicle Coordinator, and supervisor, as soon after the accident as possible;

6.11.3Collect all pertinent information about the other driver involved in the accident. Attachment D

6.11.3.1. Name and address;

6.11.3.2. Driver’s license number, issuing state, and expiration date;

6.11.3.3. Name, telephone number, and address of vehicle owner(s);

6.11.3.4. Make, type, year of vehicle(s);

6.11.3.5. License plate number(s) and state of issuance, and

6.11.3.6. Name of insurance company and policy number.

6.11.3.7. Damage to the other vehicle(s) involved;

6.11.3.8. Damage to the Bank GOV;

6.11.3.9. Name, badge number of the police officer at the scene, if any, and the police report number;

6.11.3.10. Names and addresses of any witnesses to the accident, and

6.11.3.11. Names of any passengers in the vehicle(s).

6.11.4Do not admit fault, promise payment, or sign anything unless required by law enforcement authorities. If a statement is requested by authorities, discuss details of the accident only to the extent necessary.

6.11.5Do not abandon the GOV unless exigent circumstances so require. (See paragraph 6.8).

6.11.6By the close of business, on the day of an accident (or the next business day for accidents occurring after work hours or on weekends), complete GSA Standard Form 91 (SF 91), Motor Vehicle Accident Report, and Standard Form 94 (SF 94), Statement of Witness. Copies of both forms should be located in the glove box of the GOV.

6.11.7Submit the SF 91 and SF 94. All accident forms must be signed by the Vehicle Coordinator, and forwarded to the Office of the General Counsel (OGC) along with any relevant documents

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attached.

In the event of an accident involving a Bank driver operating a GOV, the Vehicle Coordinator must:

6.11.8 Notify OGC immediately on learning of the accident;

6.11.9 If the vehicle is leased through GSA, the Vehicle Coordinator must submit a copy of the accident report to the insurance representative within 24 hours of the accident.

6.11.10 If an injury prevents the driver from completing any of the required forms or reporting, the Vehicle Coordinator will ensure that accident reporting forms are properly completed as soon as practical.

66.12 Liability

Assignment of liability for damages or injuries resulting from driving a Bank GOV will depend on multiple factors, including prior approval to use the GOV, the nature of the use, and whether the use was within the scope of the approval and the driver's scope of employment.

6.12.1 Any employee receiving a claim, legal notice, or other correspondence asserting liability against the Bank for property damage or personal injury as a result of an incident involving a GOV and/or driver should immediately forward it to OGC.

6.12.2 In the event of an accident or other incident in which a Bank vehicle is damaged, the Bank driver will not be held financially responsible for damage to the vehicle, as long as there hasbeen approval to use the vehicle, the driver was performing official Bank business at the time of the damage, and the driver was acting within the driver's scope of employment. OGC will make all scope of employment determinations.

6.12.3 Drivers of Bank GOVs must obey all motor vehicle traffic laws of the jurisdiction in which the vehicle is operated. If a driver is fined or otherwise penalized for an offense committed while performing official duties, payment is the personal responsibility of the driver. (FMR 102-34-235)

A Vehicle Usage Log

B Memorandum to GSA Fleet

C Accident documentation guide

D GSA Fleet Customer Leasing Guide

Weekly Vehicle Use Log

Driver’s Name: Vehicle :

Start Period date :

End Period : Total Number of Trips

Date Starting Place Destination Purpose Start Mile End Mile Mileage Additional Passengers

Notes :

Signature of Employee : Date:

Signature of Supervisor : Date:

Click here to enter a date. Click here to enter a date.

MEMORANDUM

DATE: Click here to enter a date.

TO: GSA Fleet Management

FROM: Head of Contracting Activity

CC: Director of Facilities

SUBJECT: Vehicle Lease Replacement

Memorandum to GSA Fleet should include:

1.1.1 Type of Vehicle requested: Sedan or Passenger and Cargo Van

1.1.2 Projected use of miles per month for billing

1.1.3 Certification of funds and account code

1.1.4 Brief description of projected activity of vehicle

1.1.5 POC information

1.1.6 Data and location requested for the delivery of the vehicle

MEMORANDUM Continued Page 2

Driver’s Name:

Date: Click here to enter a date. Time:

Information about Driver and Vehicle

1 Brief description of the situation and place

2 Name and address;

3 Driver’s license number, issuing state, and expiration date;

4 Name, telephone number, and address of vehicle owner(s);

5 Make, type, year of vehicle(s);

6 License plate number(s) and state of issuance

7 Name of insurance company and policy number

8

Name and badge number of the police officer at the scene, if any, and the police report number;

9 Names and addresses of any witnesses to the accident

10 Names of any passengers in the vehicle(s).

Signature of Employee :

Signature of Supervisor :

*To keep at vehicle at all times

Accident Documentation Guide*