" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
House of Representatives Office of Congressional Ethics Review No. 10–8483 


steuser on CDPSPC2PFRM with REPORTS
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

58–392 

" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

2010

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
(II) 

OFFICE OF 

CONGRESSIONAL ETHICS 

BOARD 

UNITED STATES HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

DAVID SKAGGS, Chair 

PORTER GOSS, Co-Chair 

YVONNE BURKE 

KAREN ENGLISH 

ALLISON HAYWARD 

JAY EAGEN 

WILLIAM FRENZEL 

ABNER MIKVA 

Leo J. Wise, Chief Counsel & Staff Director 

Kedric L. Payne, Investigative Counsel 


steuser on CDPSPC2PFRM with REPORTS
(1) 

REPORT 

Review No. 10–8483 

The Board of the Office of Congressional Ethics (the ‘‘Bo

a vote of no less than four members, on July 23, 2010, ado

following report and ordered it to be transmitted to the Co

on Standards of Official Conduct of the United States H

Representatives. 

SUBJECT: Representative Eliot L. Engel 

NATURE OF THE ALLEGED VIOLATION: In 2009, Re

ative Eliot Engel participated in a Congressional Deleg

Mexico, Nicaragua, and Jamaica. During the trip, he re

travel per diem for meals and incidental expenses with an 

mate value of $866.00. Public statements attributed to Rep

tive Engel indicated that he may have retained excess per 

addition, these public statements indicate that he may 

tained excess per diem on other trips. 

If Representative Engel’s actual meal and incidental 

during a CODEL were less than the per diem received an

not return the excess per diem, he may have violated Ho

10, clause 8, House Rule 23, clauses 1 and 2. 

RECOMMENDATION: The Board recommends that t

mittee on Standards of Official Conduct further Review th

allegations. 

VOTES IN THE AFFIRMATIVE: 6 

VOTES IN THE NEGATIVE: 0 

MEMBER OF THE BOARD OR STAFF DESIGNAT

PRESENT THIS REPORT TO THE COMMITTEE ON 

ARDS OF OFFICIAL CONDUCT: Leo Wise, Staff Director 

Counsel. 


steuser on CDPSPC2PFRM with HEARING
TABLE OF CONTENTS 

I. INTRODUCTION .....................................................................................

A. Summary of Allegations ..............................................................

B. Jurisdictional Statement .............................................................

C. Procedural History ......................................................................

D. Summary of Investigative Activity ............................................

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESE

ATIVE ENGEL RECEIVED PER DIEM IN EXCESS OF HIS ACT

MEAL AND INCIDENTAL EXPENSES DURING CERTAIN COD

AND RETAINED THE EXCESS PER DIEM .....................................

A. Applicable Law, Rules, and Standards of Conduct ...................

1. House Rules ..............................................................................

2. Federal Travel Regulation and Other Guidance ....................

B. Representative Engel Made Public Statements Indicating 

He May Have Retained Excess Per Diem ...............................

C. Representative Engel’s Use of Per Diem for Expenses Other T

Meals and Incidentals Provides Substantial Reason to Be

That He Had Excess Per Diem and He Did Not Return Ex

Per Diem ....................................................................................

D. Estimates of Representative Engel’s Meal and Incidental Expe

Provide Substantial Reason to Believe That His Excess Per D

Was More Than a De Minimis Amount for Certain CODELs 

E. Representative Engel Did Not Return Any Excess Per Diem 

Meals and Incidental Expenses ...............................................

III. CONCLUSION ..........................................................................................

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN ....................


steuser on CDPSPC2PFRM with HEARING
(3) 

1 Rules of the House of Representatives, 111th Cong. Rule X, Clause 8, adopted u

5, 111th Cong. (January 6, 2009). 2Letter from the Speaker of the House to House Committee Chairmen, dated M

(Exhibit 1 at10–8483l002. 3Memorandum of Interview of Commission on Security and Cooperation in E

Manager, June 3, 2010 (Exhibit 2 at 10–8483ll006); Memorandum of Intervie

Committee on Foreign Affairs Travel Coordinator, June 2, 2010 (‘‘HCFA Travel 

MOI’’) (Exhibit 3 at 10–10–8483ll009); and Memorandum of Interview of House 

ices Committee Travel Coordinator, June 8, 2010 (Exhibit 4 at 10–8483ll014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–8483 

On July 23, 2010, the Board of the Office of Congression

(the ‘‘Board’’) adopted the following findings of fact and 

panying citations to law, regulations, rules and standard

duct (in italics ). The Board notes that these findings do 

stitute a determination of whether or not a violation act

curred. 

I. INTRODUCTION 

1. The Rules of the 111th Congress were adopted by 

House of Representatives on January 6, 2009. Rule 10, c

provides that House Members and staff on official foreign t

ceive reimbursement for their official expenses at the less

the applicable per diem; or (2) the actual expenses incur

Rules of the 110th Congress included the identical provis

this rule, Members of the House imposed on themselves a 

ment that per diem in excess of actual expenses is to be r

The Speaker of the House recently underscored this requ

and restated the rule that ‘‘[a]ny per diem provided to me

staff is intended to be expended only for official purposes 

to the trip. Excess funds are to be returned to the Treasury

2. During this Review, various committees which autho

eign travel and the U.S. Department of State all informed 

fice of Congressional Ethics (‘‘OCE’’) that many Members 

use per diem properly, comply with the rule and return ex

diem. The House Committee on Foreign Affairs, the Hou

mittee on Armed Services, the Commission Security and 

tion in Europe, and the Bureau of Legislative Affairs of 

Department of State each has staff responsible for collec

recording the return of excess per diem from Members a

According to the officials, Members and staff routinely re

cess per diem to these entities. 3

3. Notwithstanding the rule and the compliance by man

bers and staff, several Members claimed that it is common 

by some to use per diem for purposes other than official 

and to retain excess per diem. While this practice may se

consistent with the rationale for a per diem approach to 


steuser on CDPSPC2PFRM with HEARING
4 Brody Mullins and T.W. Farnam, ‘‘Rewards From Traveling Abroad,’’ Wall St. J

2010 (Exhibit 5 at 10–8483l017). 5Letter from Representative Engel to Chairman David Skaggs, dated July 21, 2

Letter’’) (Exhibit 7 at 10–8483l027). 6 According to the Resolution, the Board must vote on whether to conduct a secon

view in a matter before the expiration of the 30-day preliminary Review. If the Boa

a second-phase, the second-phase begins when the preliminary Review ends. The s

Review does not begin on the date of the Board vote. 7 Id. at § 1(c)(2)(A)(ii) (2008). 

travel expenses without need for itemized accounting, it 

less appears to be contrary to the rule the House adopted 

which many Members evidently do comply. The Board det

that fairness dictates upholding the standard stated in the 

adhered to by many, rather than excusing a practice of no

ance, however pervasive. 

4. Representative Engel acknowledged publically before 

mencement of the OCE’s Review that he did not return ex

diem. 4 During the Review, he acknowledged that he used 

for expenses other than meals and incidentals and that 

have had excess per diem of a ‘‘de minimis’’ amount. 5

A. SUMMARY OF ALLEGATIONS

5. Based on the information presented before the Office 

gressional Ethics (‘‘OCE’’), there is substantial reason to 

that Representative Eliot L. Engel may have violated Ho

10, clause 8; House Rule 23, clause 1 and clause 2, by reta

cess per diem when his actual meal and incidental expen

less than the per diem that he received during various 

sional Delegation trips (‘‘CODELs’’). 

B. JURISDICTIONAL STATEMENT

6. The allegations that were the subject of this Review 

Representative Engel, a Member of the United State Hous

resentatives from the 17th District of New York. The Re

the United States House of Representatives adopted crea

OCE directs that, ‘‘[n]o review shall be undertaken . . 

board of any alleged violation that occurred before the date 

tion of this resolution.’’ The House adopted this Resolu

March 11, 2008. Therefore, the conduct under Review 

after March 11, 2008. 

C. PROCEDURAL HISTORY

7. The OCE received a written request for a preliminary 

in this matter signed by at least two members of the B

April 12, 2010. The preliminary Review commenced on A

2010. The preliminary Review was scheduled to end on 

2010. 

8. At least three members of the Board voted to initia

ond-phase Review in this matter on May 11, 2010. Th

phase Review commenced on May 14, 2010. 6 The second-p

view was scheduled to end on June 28, 2010. 

9. The Board voted to extend the 45-day second-phase R

an additional 14 days on June 21, 2010, as provided for u

Res 895. Following the extension, the second-phase Rev

scheduled to end on July 12, 2010. 7


steuser on CDPSPC2PFRM with HEARING
8 Engel Letter (Exhibit 7 at 10–8483–025–028). 

9 H. Res. 895 of the 110th Congress, as amended, Section 1(c)(1)(A). 

10. Representative Engel submitted a written statemen

Board under Rule 9(B) of the OCE’s Rules for the Conduct 

tigations, on July 21, 2010. 8

11. The Board voted to refer the matter to the Comm

Standards of Official Conduct for further Review and adopt

findings on July 23, 2010. 

12. This report and findings in this matter were transm

the Committee on Standards of Official Conduct on July 3

D. SUMMARY OF INVESTIGATIVE ACTIVITY

13. The OCE requested documentary and testimonial 

tion from the following sources: 

(1) Representative Engel; 

(2) House Committee on Foreign Affairs; 

(3) House Committee on Foreign Affairs Travel Coo

(4) Commission on Security and Cooperation in 

(‘‘CSCE’’); 

(5) CSCE Office Manager; 

(6) House Committee on Armed Services; 

(7) House Committee on Armed Services Travel Coo

(8) Bureau of Legislative Affairs of the United States 

ment of State; and 

(9) United States Air Force Congressional Liaison Of

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THA

RESENTATIVE ENGEL RECEIVED PER DIEM IN 

OF HIS ACTUAL MEAL AND INCIDENTAL EXPENSE

ING CERTAIN CODELS AND RETAINED THE EXCE

DIEM 

14. The Board recognizes that the per diem rule cont

House Rule 10, clause 8 is under the jurisdiction of th

Committee on Rules. 

15. Based on the facts presented before the Board, th

tions in this Review also implicate House Rule 23, clause

2, which are under the jurisdiction of the Committee on S

of Official Conduct. 

16. Regardless of which committee the House determin

propriately address these issues, the OCE has jurisdictio

view alleged violations of ‘‘any law, rule, regulation, or othe

ard of conduct applicable to the conduct of [a] Member, o

employee in the performance of his duties or the dischar

responsibilities.’’ 9

A. APPLICABLE LAW, RULES, AND STANDARDS OF CONDU

1. HOUSE RULES

17. Pursuant to House Rule 10, clause 8(b): 

‘‘The following conditions shall apply with respect to t

outside the United States or its territories or possessions 

(2) A member or employee shall be reimbursed for the exp

of such individual for a day at the lesser of— 


steuser on CDPSPC2PFRM with HEARING
10 41 C.F.R. § 300–3.1 (emphasis added). 11 Id. 12 Id. 13 Id. 14 United States Department of State Bureau of Legislative Affairs, Official Fo

Guide for the U.S. Congress. (Exhibit 6 at 10–8483–023). 

(A) the per diem set forth in applicable Federal law; or 

(B) the actual, unreimbursed expenses (other than for tran

tation) incurred during that day.’’ 

18. Pursuant to House Rule 23, clause 2: 

‘‘A Member, Delegate, Resident Commissioner, officer, or em

of the House shall adhere to the spirit and the letter of the Ru

of the House and to the rules of duly constituted committees t

of.’’ 

19. Pursuant to House Rule 23, clause 1: 

‘‘A Member, Delegate, Resident Commissioner, officer, 

ployee of the House shall conduct himself at all times in 

ner that shall reflect credibility on the House.’’ 

2. FEDERAL TRAVEL REGULATION AND OTHER GUIDAN

20. House Rule 10, clause 8(b), incorporates by reference F

law governing the use of per diem. Specifically, Public Law 9

governs per diem provided to congressional travelers. Per die

are established under 5 U.S.C. § 5702 and the Federal Trav

lation, 41 C.F.R. chs. 300–304. 

21. The ‘‘per diem allowance (also referred to as subsistenc

lowance) is a daily payment instead of reimbursement for act

penses for lodging, meals, and related incidental expe

The per diem allowance is separate from transportation 

and other miscellaneous expenses.’’ 10

22. Lodging expenses include ‘‘expenses, except lodging tax

the United States, for overnight sleeping facilities, baths, per

use of the room during daytime, telephone access fee, and ser

charges for fans, air conditioners, heaters, and fires furnishe

room when such charges are not included in the room rate.’’ 

23. Meal expenses are ‘‘expenses for breakfast, lunch, dinn

related tips and taxes (specifically excluded are alcoholic bev

and entertainment expenses, and any expenses incurred for o

persons).’’ 12

24. Incidental expenses are ‘‘(1) Fees and tips given to port

baggage carriers, bellhops, hotel maids, stewards or steward

and others on ships, and hotel servants in foreign countries; 

Transportation between places of lodging or business and pla

where meals are taken, if suitable meals cannot be obtained a

TDY site; and (3) Mailing cost associated with filing travel v

and payment of Government sponsored charge card billings.

25. ‘‘Per Diem consists of two components: the lodging rate 

the M&IE. Per diem rates are established by the Department 

State for foreign cities. The foreign per diem rates are establi

monthly by the Department of State based on actual reported 

of hotel, meals and incidental expenses in individual cities a

the world. Therefore, routine expenses are usually well within 

per diem rates and it is sufficient to authorize per diem paym

based on those rates.’’ 14


steuser on CDPSPC2PFRM with HEARING
15 41 C.F.R. ch. 301, App. B. 16 House Rule 10, clause 8. 17 Brody Mullins and T.W. Farnam, ‘‘Rewards From Traveling Abroad,’’ Wall St. J

2010 (Exhibit 5 at 10–8483l017). 18 Id. 19 Id. 20 Engel MOI (Exhibit 6 at 10–8483l023). 

26. Under the Federal Travel Regulation, the allocation of 

and incidental expenses (‘‘M&IE’’) rates that was used in ma

deductions from the M&IE are as follows: 15% for breakfast, 

for lunch, 40% for dinner, and the remainder for incidental e

penses. For example, if the M&IE for a specific city was $100 

day, it was allocated as $15 for breakfast, $25 for lunch, $40 

dinner, and $20 for incidental expenses. 15

27. According to The United States Department of State B

of Legislative Affairs Official Foreign Travel Guide publishe

the U.S. Congress, Members are advised the following: 

28. The House has adopted a general rule for all committe

per diem allowance (the set rates) in excess of actual expenses 

not be retained. 16

B. REPRESENTATIVE ENGEL MADE PUBLIC STATEMENTS INDI

THAT HE MAY HAVE RETAINED EXCESS PER DIEM

29. On March 2, 2010, the Wall Street Journal published 

cle entitled ‘‘Rewards From Traveling Abroad.’’ 17

30. In that article, Representative Engel’s statements i

that he may have retained excess per diem that he receive

the CODELs. 

31. According to the article: ‘‘In an interview, Engel said 

mally keeps leftover funds when he travels, but he doesn

the details of his South American travels.’’ 18

32. The article also quoted Representative Engel as sa

there was anything left, it was negligible . . . There are 

falls from these.’’ 19

33. In an interview with the OCE, Representative En

firmed that he was accurately quoted in the article. 20


steuser on CDPSPC2PFRM with HEARING
21 Engel Letter (Exhibit 7 at 10–8483l026). The definition of permissible meal 

cludes ‘‘entertainment expenses, and any expenses incurred for other persons’’. 41 C

3.1. 22 Engel MOI (Exhibit 6 at 10–8483–022). 23 Id. 

C. REPRESENTATIVE ENGEL’S USE OF PER DIEM FOR EXPENSE

THAN MEALS AND INCIDENTALS PROVIDES SUBSTANTIAL RE

BELIEVE THAT HE HAD EXCESS PER DIEM AND HE DID NOT 

EXCESS PER DIEM

34. Representative Engel used per diem for expenses ot

his personal lodging, meals, and incidentals. 

35. Specifically, he occasionally used the per diem to c

meals and entertainment of leaders or residents of the coun

he visited. 21

36. He also used the per diem to purchase gifts for his s

and chief of staff on occasion. 22

37. Representative Engel’s use of the per diem for 

other than his personal meals and incidental expenses 

that his actual meal and incidental expenses were less than 

diem that he received. 

38. As a result, there is substantial reason to believe t

resentative Engel had excess per diem after certain CODEL

D. ESTIMATES OF REPRESENTATIVE ENGEL’S MEAL AND INC

EXPENSES PROVIDE SUBSTANTIAL REASON TO BELIEVE THAT 

CESS PER DIEM WAS MORE THAN A DE MINIMIS AMOUNT F

TAIN CODELS

39. Based on the information before the OCE, the exact 

of his meal and incidental expenses for each CODEL is u

40. Consequently, the OCE used an estimate of expens

termine whether it appeared that Representative Engel 

excess per diem that was more than a de minimis amount. 

41. The OCE Board notes that the sole purpose of the e

meal and incidental expenses is to determine if there is su

reason to believe that the Member had excess per diem t

more than a de minimis amount. The estimates are not 

to be used to conclude the exact amount of any excess p

that the Member may have retained. 

42. If an estimate is not used, a House Member or st

impede the enforcement of Rule 10, clause 8, by simply n

taining any records of his or her actual expenses. 

43. Representative Engel’s description of his typical mea

cidental expenses provides the basis for estimating his a

penses. 

44. Representative Engel’s meals during CODELs falls 

following three categories: 

(a) meals that were provided to him at no charge. The

include working lunches, and official dinners that wer

as part of the official events of the CODELs. Repres

Engel stated that these meals were often available, bu

ways. In addition, he told the OCE that the food was 

quality and he would often purchase his own meal af

events with the per diem; 23


steuser on CDPSPC2PFRM with HEARING
24 Id. 25 Id. 26 Id. 27 Engel Letter (Exhibit 7 at 10–8483–027). 28 Engel MOI (Exhibit 6 at 10–8483l023). 29 HCFA Travel Coordinator MOI (Exhibit 3 at 10–8483l009). 30 Id. at 10–8483l009. 31 Id. at 10–8483l009. 

(b) meals that were paid for by military personnel esco

CODEL who Representative Engel later reimbursed. T

the meals where multiple Members of Congress and 

tend and the military escort (e.g., U.S. Air Force offic

for the dinner on behalf of all participants and then 

invoice to each person for their portion of the bill; 24 an

(c) meals that Representative Engel directly paid for h

45. With respect to incidental expenses, Representativ

told the OCE that he used per diem for ground transp

However, he also noted that most ground transportation 

vided to him at no cost. He also used the per diem for w

tles, toiletries, bug spray and other miscellaneous items. 26

46. As a result, the invoice received from the military es

each CODEL, along with the itinerary of meals that were 

at no charge to Representative Engel, provided an estima

meal expenses other than the meals that he purchased dir

himself. 

E. REPRESENTATIVE ENGEL DID NOT RETURN ANY EXCESS PE

FOR MEALS AND INCIDENTAL EXPENSES

47. Representative Engel did not return any excess per d

he believes that if he had any excess per diem, it was a de 

amount. 27

48. Representative Engel believes that on some CODEL

diem did not cover all of his expenses. For example, during 

Engel to Trinidad and Tobago, St. Vincent, and the Gre

Representative Engel told the OCE he did not have eno

diem because certain meals were very expensive. 28

49. Procedures were in place at the time of Representat

el’s travel for him to return excess per diem. 

50. Each of the relevant CODELs was organized by th

Committee on Foreign Affairs (‘‘HCFA’’). 

51. The HCFA Travel Coordinator is responsible for r

the amount of per diem that Members received and recor

excess per diem that Members of Congress or staff returned

52. The Travel Coordinator estimates that approximatel

travelers return unused per diem. She also noted that Ho

usually returns per diem at a higher rate than House Me

53. The Travel Coordinator requires each traveler to s

her a signed travel form that lists the amount of ‘‘Per D

turned.’’ 31


steuser on CDPSPC2PFRM with HEARING
32 House Committee on Foreign Affairs Individual Report on Committee Travel fo

ative Eliot L. Engel, dated October 1, 2009 (Exhibit 9 at 10–8483l051). 

54. Representative Engel submitted these forms for 

trips, including CODEL Engel (Feb 2009), and indicated 

had ‘‘0’’ per diem to return. 32

55. There is substantial reason to believe that Repres

Engel had excess per diem for certain CODELs and he di

turn per diem, even when there were procedures in place 

to return the per diem. 


steuser on CDPSPC2PFRM with HEARING
33M&IE Per Diem calculated using travel itineraries; the monthly per diem rates 

by the Office of Allowances, United Sates Department of State; and where appli

vouchers and travel authorization letters. 34 Estimated expenses were calculated using the ‘‘Allocation of M&IE Rates to 

Making Deductions from the M&IE Allowance,’’ which lists the amount of per di

to be allocated for breakfast, lunch, dinner, and incidentals. 41 C.F.R. ch. 301 App. B

35See Itinerary for Codel Engel (June 13 to June 16, 2008) (Exhibit 10 at 10–8483

monthly per diem rates established by the Office of Allowances, United States De

State <available at http://aoprals.state.gov/web920/perldiem.asp>. 36 Itinerary for CODEL Engel (June 13 to June 16, 2008) (Exhibit 10 at 10–8483

56. Although, the available evidence does not establish t

amount of actual expenses for Representative Engel’s C

after estimating meal and incidental expenses, there is su

reason to believe that Representative Engel retained ex

diem from the following CODELs: 

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE 

Per Diem33

Estimated 

Expenses 34

CODEL Engel to Kosovo Jun 13 to 

Jun 16, 2008 

$420.00 ≅ $370.00 

CODEL Engel to Peru, Chile, and 

Paraguay Nov 6 to 

Nov 13, 2008 

$984.00 ≅ $720.00 

CODEL Engel to Mexico, Nicaragua, 

and Jamaica Feb 16 to 

Feb, 22 2009 

$866.00 ≅ $709.00 

CODEL Engel to Trinidad and Tobago 

& St. Vincent and the Grenadines Apr 17 to 

Apr 21, 2009 

$622.00 ≅ $519.00 

CODEL Engel to El Salvador & 

Honduras May 31 to 

Jun 2, 2009 

$154.00 ≅ $111.00 

CODEL Engel to Panama, Argentina 

and Columbia Jan 3 to 

Jan 10, 2010 

$1,062.00 ≅ $987.00 

CODEL Engel to Israel Feb 13 to 

Feb 19, 2010 

$910.00 ≅ $864.00 

Total $5,018.00 ≅ $4,280.00 

1. CODEL ENGEL (JUN 2008)

57. During CODEL Engel to Kosovo, Representative E

ceived per diem for meals and incidental expenses in the 

of $420.00. 35

58. According to the CODEL itinerary, at least two meal

to have been provided at no cost to Representatives who 

the CODEL. 36


steuser on CDPSPC2PFRM with HEARING
37 41 C.F.R. ch. 301 App. B. 38See Travel Voucher for CODEL Engel (Exhibit 11 at 10–8483l056–057; I

CODEL Engel (November 6 to November 13, 2008) (Exhibit 12 at 10–8483l059–0

per diem rates established by the Office of Allowances, United States Departm

<available at http://aoprals.state.gov/web920/perldiem.asp>. 39 Itinerary for CODEL Engel (November 6 to November 13, 2008) (Exhibit 

84830059–060). 40 41 C.F.R. ch. 301 App. B. 

59. Representative Engel’s estimated meal and incide

penses are based on the Federal Travel Regulation alloca

mula. 37

60. The estimated amount of meals and incidental exp

$370.00. 

61. Accordingly, the estimated excess per diem is $50.00

Codel Engel to Kosovo 

(June 13 to June 18, 2008) 

Meals & 

Incidentals 

Jun 13 Jun 14 Jun 15 Jun 16 Jun 17 

Breakfast ≅ $9 ≅ $9 ≅ $9 ≅ $15 ≅ $21 

Lunch ≅ $16 ≅ $16 ≅ $16 ≅ $24 ≅ $34 

Dinner ≅ $25 Hosted Hosted ≅ $39 ≅ $55 

Incidentals ≅ $12 ≅ $12 ≅ $12 ≅ $19 ≅ $27 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

62. There is substantial reason to believe that Repres

Engel had excess per diem after CODEL Engel (Jun 2008

did not return to the U.S. Treasury. 

2. CODEL ENGEL (NOV 2008)

63. During CODEL Engel to Peru, Chile, and Paragu

resentative Engel received an enhanced per diem for meal

cidental expenses in the amount of $984.00. 38

64. According to the CODEL itinerary, at least five meal

to have been provided at no cost to Representatives who 

the CODEL. 39

65. Representative Engel’s estimated meal and incide

penses are based on the Federal Travel Regulation alloca

mula. 40

66. The estimated amount of meals and incidental exp

$720.00. 


steuser on CDPSPC2PFRM with HEARING
41See Letter from Howard Berman to the Secretary of State dated February 11, 2

13 at 10–8483l062); Itinerary for CODEL Engel (February 16 to February 22, 20

14 at 10–8483l064–068); monthly per diem rates established by the Office of 

United States Department of State <available at http://aoprals.state.gov/web920/perl

42 Itinerary for CODEL Engel (February 16 to February 22, 2009) (Exhibit 

8483l064–068). 

67. Accordingly, the estimated excess per diem is $264.00

Codel Engel to Peru, Chile, and Paraguay (November 6 to November 13, 2008) 

Meals & 

Incidentals 

Nov 6 Nov 7 Nov 8 Nov 9 Nov 10 Nov 11 Nov 12 

Breakfast ≅ $22 ≅ $22 ≅ $22 ≅ $22 ≅ $22 ≅ $19 ≅ $19 

Lunch ≅ $37 Hosted ≅ $37 ≅ $37 ≅ $37 ≅ $31 ≅ $31 

Dinner Hosted ≅ $58 ≅ $58 Hosted Hosted Hosted ≅ $49 

Incidentals ≅ $29 ≅ $29 ≅ $29 ≅ $30 ≅ $30 ≅ $25 ≅ $25 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

68. There is substantial reason to believe that Repres

Engel had excess per diem after CODEL Engel (Feb 2009

did not return to the U.S. Treasury. 

3. CODEL ENGEL (FEB 2009)

69. During CODEL Engel to Mexico, Nicaragua, and 

Representative Engel received an enhanced per diem for M

the amount of $866.00. 41

70. According to the itinerary for CODEL Engel, at l

meal appears to have been provided at no cost to Represe

who participated during the seven-day trip. 42


steuser on CDPSPC2PFRM with HEARING
43Letter from Major Calvin E. Daniels Jr., to Representative Eliot Engel, dated F

2009 (Exhibit 15 at 10–8483–070). 44 41 C.F.R. ch. 301 App. B. 

71. Following the CODEL, Representative Engel owed 

tary escort $135.25 for meals and other expenses that 

curred on behalf of Representative Engel. 43 An invoice wa

Representative Engel, dated February 27, 2009. 

72. The amount of M&IE per diem remaining after the b

penses for four meals is $730.75. 

73. Representative Engel may have incurred meal and in

expenses in addition to those owed to the military escort. 

mate of these additional meal and incidental expenses is b

the Federal Travel Regulation allocation formula. 44


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45See Itinerary for CODEL Engel (April 17 to April 21, 2009) (Exhibit 16 at 10–

073); Expense Sheet for CODEL Engel (Exhibit 17 at 10–8483l075–076); month

rates established by the Office of Allowances, United States Department of State <

http://aoprals.state.gov/web920/perldiem.asp>. 46 Itinerary for CODEL Engel (April. 17 to April 21, 2009) (Exhibit 16 at10–8483

74. The estimated amount of meals and incidental exp

$574.00. 

75. Accordingly, the estimated excess per diem is $157.00

Codel Engel to Mexico, Nicaragua, and Jamaic (February 16 to February 22, 2009) 

Meals & 

Incidentals 

Feb 16 Feb 17 Feb 18 Feb 19 Feb 20 Feb 21 

Breakfast --- ≅ $22 ≅ $17 ≅ $17 ≅ $20 ≅ $20 

Lunch Billed Billed ≅ $28 ≅ $28 Billed Billed 

Dinner ≅ $58 ≅ $58 Hosted ≅ $44 ≅ $53 ≅ $53 

Incidentals ≅ $29 ≅ $29 ≅ $22 ≅ $22 ≅ $27 ≅ $27 

M&IE Received 

Billed 

Estimated M&IE 

Estimated Excess Per Diem 

76. There is substantial reason to believe that Repres

Engel had excess per diem after CODEL Engel (Feb 2009

did not return to the U.S. Treasury. 

4. CODEL ENGEL (APR 2009)

77. During CODEL Engel to Trinidad and Tobago, St. 

and the Grenadines, Representative Engel received per 

meals and incidental expenses in the amount of $622.00. 45

78. According to the CODEL itinerary, at least two meal

to have been provided at no cost to Representatives who 

the CODEL. 46


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47Letter from Lt. Col. Jeffrey E. Warmka to Representative Eliot Engel, dated 

(Exhibit 18 at 10–8483–078). 48 41 C.F.R. ch. 301 App. B. 

79. Following the CODEL, Representative Engel owed 

tary escort $283.42 for meal and other expenses that were 

on behalf of Representative Engel. 47

80. The M&IE per diem remaining after the billed m

penses is $338.58 

81. Representative Engel may have incurred meal and in

expenses in addition to the amount owed to the military es

estimate of these additional meal and incidental expenses 

on the Federal Travel Regulation allocation formula. 48

82. The estimated amount of meals and incidental exp

$236.00. 


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49See Travel Voucher for CODEL Engel (Exhibit 19 at 10–8483l080); Itinerary 

Engel (May 31 to June 2, 2009) (Exhibit 20 at 10–8483l082); monthly per diem 

lished by the Office of Allowances, United States Department of State <availab

aoprals.state.gov/web920/perldiem.asp>. 50 Itinerary for CODEL Engel (May 31 to June 2, 2009) (Exhibit 20 at 10–8483l0

51 41 C.F.R. ch. 301 App. B. 

83. Accordingly, the estimated excess per diem is $103.00

Codel Engel to Trinidad and Tobago, Saint Vincent, and the Grenadines (April 17 to April 21, 2009) 

Meals & 

Incidentals 

Apr 17 Apr 18 Apr 19 Apr 20 

Breakfast ≅ $26 Hosted ≅ $15 ≅ $26 

Lunch ≅ $43 Billed ≅ $26 Billed 

Dinner Billed Billed Hosted Hosted 

Incidentals ≅ $35 ≅ $35 ≅ $21 ≅ $35 

M&IE Received 

Billed 

Estimated M&IE 

Estimated Excess Per Diem 

84. According to Representative Engel, he did not have 

cess per diem on CODEL Engel (Apr 2009) because the de

was greatly overcharged by a restaurant for a dinner. 

85. Based on the information before the OCE, there is 

tial reason to believe that Representative Engel had ex

diem for CODEL Engel (Jan 2010) that he did not retur

U.S. Treasury. 

5. CODEL ENGEL (MAY 2009)

86. During CODEL Engel to El Salvador and Hondur

resentative Engel received an enhanced per diem for meal

cidental expenses in the amount of $154.00. 49

87. According to the CODEL itinerary, at least three m

pear to have been provided at no cost to the Representat

attended the CODEL. 50

88. Representative Engel’s estimated meal and incide

penses are based on the Federal Travel Regulation alloca

mula. 51

89. The estimated amount of meals and incidental exp

$111.00. 


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52See Travel Voucher for CODEL Engel (Exhibit 21 at 10–8483l084–085); I

CODEL Engel (January 3 to January 10, 2010) (Exhibit 22 at 10–8483l087–088); 

per diem rates established by the Office of Allowances, United States Departm

<available at http://aoprals.state.gov/web920/perldiem.asp>. 53 Itinerary for CODEL Engel (January 3 to January 10, 2010) (Exhibit 22 at 10–

088). 

90. Accordingly, the estimated excess per diem is $43.00

Codel Engel to El Salvador and Honduras 

(May 31 to June 2, 2009) 

Meals & 

Incidentals 

May 31 Jun 1 Jun 2 

Breakfast --- ≅ $12 ≅ $12 

Lunch --- Hosted ≅ $26 

Dinner Hosted Hosted ≅ $31 

Incidentals $0.00 ≅ $15 ≅ $15 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

91. There is substantial reason to believe that Repres

Engel had excess per diem for CODEL Engel (May 2009) 

did not return to the U.S. Treasury. 

6. CODEL ENGEL (JAN 2010)

92. During CODEL Engel to Panama, Argentina, and C

Representative Engel received an enhanced per diem for M

the amount of $1,062.00. 52

93. According to an itinerary for CODEL Engel, at l

meals appear to have been provided at no cost to Represe

who attended the eight-day trip. 53


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54Letter from Lt. Col. Heide E. Cornell to Representative Eliot Engel, dated Janu

(Exhibit 23 at 10–8483l090). 55 41 C.F.R. ch. 301 App. B. 

94. Following the CODEL, Representative Engel owed 

tary escort $258.57 for meal and other expenses that were 

on behalf of Representative Engel. 54

95. The M&IE per diem remaining after the billed m

penses is $803.00. 

96. Representative Engel may have incurred meal and in

expenses in addition to those owed to the military escort. 

mate of these additional meal and incidental expenses is b

the Federal Travel Regulation allocation formula. 55

97. The estimated amount of meals and incidental exp

$728.00. 


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56See Travel Voucher for CODEL Engel (Exhibit 24 at 10–8483l092); Itinerary 

Engel (February 13 to February 19, 2010) (Exhibit 25 at 10–8483l094); monthly pe

established by the Office of Allowances, United States Department of State <availa

aoprals.state.gov/web920/perldiem.asp>. 57 Itinerary for CODEL Engel (February 13 to February 19, 2010) (Exhibit 

8483l094). 58 41 C.F.R. ch. 301 App. B. 

98. Accordingly, the estimated excess per diem is $75.00

Codel Engel to Panama, Argentina, and Columbia 

(January 3 to January 10, 2010) 

Meals & 

Incidentals 

Jan 3 Jan 4 Jan 5 Jan 6 Jan 7 Jan 8 Jan 9 

Breakfast --- ≅ $22 ≅ $22 ≅ $22 ≅ $24 ≅ $24 ≅ $24 

Lunch Billed Hosted ≅ $36 Hosted ≅ $40 Billed Billed 

Dinner ≅ $58 ≅ $58 Billed ≅ $58 Hosted ≅ $64 ≅ $64 

Incidentals ≅ $29 ≅ $29 ≅ $29 ≅ $29 ≅ $32 ≅ $32 ≅ $32 

M&IE Received 

Billed 

Estimated M&IE 

Estimated Excess Per Diem 

99. As a result, there is substantial reason to believe t

resentative Engel had excess per diem for CODEL En

2010) that he did not return to the U.S. Treasury. 

7. CODEL ENGEL TO ISRAEL (FEB 2010)

100. During CODEL Engel to Israel, Representative E

ceived an enhanced per diem for meals and incidental exp

the amount of $910.00. 56

101. According to the CODEL itinerary, at least one m

pears to have been provided at no cost to Representatives 

tended the CODEL. 57

102. Representative Engel’s estimated meal and incide

penses are based on the Federal Travel Regulation alloca

mula. 58

103. The estimated amount of meals and incidental exp

$864.00. 


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59 House Ethics Manual (2008) at 13. 

104. Accordingly, the estimated excess per diem is $46.00

Codel Engel to Israel 

(February 13 to February 19, 2010) 

Meals & 

Incidentals 

Feb 14 Feb 15 Feb 16 Feb 17 Feb 18 

Breakfast ≅ $27 ≅ $27 ≅ $27 ≅ $27 ≅ $27 

Lunch ≅ $46 Hosted ≅ $46 ≅ $46 ≅ $46 

Dinner ≅ $73 ≅ $73 ≅ $73 ≅ $73 ≅ $73 

Incidentals ≅ $36 ≅ $36 ≅ $36 ≅ $36 ≅ $36 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

105. There is substantial reason to believe that Repres

Engel had excess per diem after CODEL Engel (Feb 2010

did not return to the U.S. Treasury. 

III. CONCLUSION

106. Pursuant to House Rule 10, clause 8, House Mem

posed on themselves a restriction on the use of per diem fo

travel. Specifically, House Members and staff may recei

bursement for expenses that is the lesser of: (1) the applic

diem; or (2) actual expenses. 

107. Pursuant to House Rule 23, clause 2, House Memb

adhere to the spirit and the letter of the rules. Accordingl

Rule 10, clause 8, requires the return to the U.S. Treasur

per diem that a Member receives that is in excess of the M

actual expenses. 

108. Pursuant to House Rule 23, clause 1, House Memb

conduct themselves at all times in a manner that sha

credibility on the House. Representative Engel’s public sta

indicate that he may have retained excess per diem. As 

if there is a violation, it implicates House Rule 23, clause 1 

it may be considered flagrant. 59

109. Based on the information available to the OCE du

Review, Representative Engel’s meals and incidental expen

less than the per diem he received to cover these expense

the following CODELs: CODEL Engel (Jun 2008); CODE

(Nov 2008); CODEL Engel (Feb 2009); CODEL Engel (Ap

CODEL Engel (May 2009); CODEL Engel (Jan 2010); and 

Engel (Feb 2010). 

110. Based on the information available to the OCE du

Review, Representative Engel did not return any excess p

for meal and incidental expenses. Therefore, there is su

reason to believe that he may have violated House Rule 1

8; House Rule 23, clauses 1 and 2. 


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111. For these reasons, the Board recommends that t

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Engel. 

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

112. The OCE requested information from the U.S. Dep

of State concerning letters of authorization for certain COD

records of Representative Engel returning excess per di

U.S. Department of State was cooperative with retrieving t

mation but was unable to acquire proper authorization to 

the documents to the OCE before the end of this Review. 

113. The OCE requested information from the U.S. A

Congressional Liaison Office concerning meal and other 

incurred on behalf of Representative Engel and reimbursed 

resentative Engel. The U.S. Air Force Congressional Liaiso

was cooperative with discussing the information with O

but was unable to acquire proper authorization to release t

ments to the OCE before the end of this Review. 


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