" ! 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. 10–7960 


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

WASHINGTON : 

58–391 

" ! 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. 10–7960 

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 Alcee L. Hastings 

NATURE OF THE ALLEGED VIOLATION: In 2008, Re

ative Alcee L. Hastings participated in a Congressional De

to Astana, Kazakhstan. During the trip, he received a tr

diem for meals and incidental expenses with an approxima

of $1,108.00. Public statements attributed to Repres

Hastings indicated that he may have used the per diem fo

missible purposes. In addition, these public statements 

that he may have used the per diem for impermissible 

during other trips. 

If Representative Hastings’ actual meal and incidental 

during foreign travel were less than the per diem received 

did not return the excess per diem, he may have violate

Rule 10, clause 8 and 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. 


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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 HASTINGS RECEIVED PER DIEM IN EXCESS OF HIS 

TUAL MEAL AND INCIDENTAL EXPENSES DURING CERT

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

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

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

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

A. Representative Hastings Made Public Statements Indicating 

He May Have Used Per Diem for Impermissible Purposes ...

B. Representative Hastings’ Use of Per Diem for Expenses O

Than Meals and Incidentals Provides Substantial Reason to 

lieve That He Had Excess Per Diem and He Did Not Re

Excess Per Diem ........................................................................

C. Estimates of Representative Hastings’ Meal and Incidental 

penses Provide Substantial Reason to Believe That His Ex

Per Diem Was More Than a De Minimis Amount for Cer

CODELs .....................................................................................

D. Representative Hastings Did Not Return Any Excess Per D

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

1. CODEL Hastings (Apr 2008) ...................................................

2. CODEL Hastings (May 2008) ..................................................

3. CODEL Hastings (Jun 2008) ...................................................

4. CODELs Hastings and Cardin (Feb 2009) .............................

5. CODEL Hastings (Apr 2009) ...................................................

6. CODEL Hastings (May 2009) ..................................................

7. CODEL Hastings (July 2009) ..................................................

8. CODEL Cardin (Oct 2009) .......................................................

9. CODEL Cardin (Feb 2010) ......................................................

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 at 10–7960l0002). 3Memorandum of Interview of Commission on Security and Cooperation in E

Manager, June 3, 2010 (‘‘CSCE Office Manager MOI’’) (Exhibit 2 at 10–7960l0

randum of Interview of House Committee on Foreign Affairs Travel Coordinator, J

(Exhibit 3 at 10–7960l0009); and Memorandum of Interview of House Armed Se

mittee Travel Coordinator, June 8, 2010 (Exhibit 4 at 10–7960l0014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–7960 

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 m

or staff is intended to be expended only for official 

related to the trip. Excess funds are to be returned 

Treasury . . . .’’ 2

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


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4 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ The Wall S

2, 2010) (Exhibit 5 at 10–7960l0018). 5Memorandum of Interview of Representative Alcee L. Hastings (‘‘Hastings MOI

at 10–7960l0021–0025); 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. 

consistent with the rationale for a per diem approach to 

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 Hastings acknowledged publically be

commencement of the OCE’s Review that he used per diem 

penses other than meals and incidentals. 4 During the Re

acknowledged that he used per diem for expenses other tha

and incidentals, which suggests that he had excess per diem

A. SUMMARY OF ALLEGATIONS

5. Based on the information presented before the Office 

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

that Representative Alcee L. Hastings may have violate

Rule 10, clause 8 and House Rule 23, clauses 1 and 2 by r

excess 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 Hastings, a Member of the United States 

Representatives from the 23rd District of Florida. 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. The conduct under Review occurred afte

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


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7 Id. at § 1(c)(2)(A)(ii) (2008). 8Letter from Representative Alcee L. Hastings to the Board of the Office of C

Ethics, dated July 20, 2010 (Exhibit 7 at 10–7960l0027–0028). 9 H. Res. 895, 110th Cong., Section 1(c)(1)(A) (2008) (as amended). 

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

scheduled to end on July 12, 2010. 7

10. Representative Hastings submitted a written state

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

Investigations, on July 20, 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 Hastings; 

(2) Commission on Security and Cooperation in 

(‘‘CSCE’’); 

(3) CSCE Office Manager; 

(4) House Committee on Foreign Affairs; 

(5) House Committee on Foreign Affairs Travel Coo

(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 HASTINGS RECEIVED PER DIEM 

CESS OF HIS ACTUAL MEAL AND INCIDENTAL EX

DURING CERTAIN CODELS AND RETAINED THE 

PER 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): 


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10 41 C.F.R. § 300–3.1 (emphasis added). 11 Id. 12 Id. 13 Id. 

‘‘The following conditions shall apply with respect to tr

side the United States or its territories or possessions . 

member or employee shall be reimbursed for the expenses of 

dividual for a day at the lesser of— 

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

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

tation) incurred during that day.’’ 

18. Pursuant to House Rule 23, clause 2: 

‘‘A Member, Delegate, Resident Commissioner, officer

ployee of the House shall adhere to the spirit and the lett

Rules of the House and to the rules of duly constituted co

thereof.’’ 

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 a 

that shall reflect credibility on the House.’’ 

2. FEDERAL TRAVEL REGULATION AND OTHER GUIDANC

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

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

governs per diem provided to congressional travelers. Per di

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 subsis

lowance) is a daily payment instead of reimbursement for a

penses for lodging, meals, and related incidental ex

The per diem allowance is separate from transportation 

and other miscellaneous expenses.’’ 10

22. Lodging expenses include ‘‘expenses, except lodging 

the United States, for overnight sleeping facilities, baths, 

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

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

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

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

related tips and taxes (specifically excluded are alcoholic 

and entertainment expenses, and any expenses incurred f

persons).’’ 12

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

baggage carriers, bellhops, hotel maids, stewards or stew

and others on ships, and hotel servants in foreign coun

Transportation between places of lodging or business an

where meals are taken, if suitable meals cannot be obtaine

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

and payment of Government sponsored charge card billings

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

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

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

monthly by the Department of State based on actual repor

of hotel, meals and incidental expenses in individual cities 

the world. Therefore, routine expenses are usually well w


steuser on CDPSPC2PFRM with HEARING
14 United States Department of State Bureau of Legislative Affairs, Official Fo

Guide for the U.S. Congress. (Exhibit 8 at 10–7960l0030–049). 15 41 C.F.R. ch. 301, App. B. 16 House Rule 10, clause 8. 17 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ The Wall S

2, 2010) (Exhibit 5 at 10–7960l0018). 18 Id. 19 Id. 

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

based on those rates.’’ 14

26. Under the Federal Travel Regulation, the allocation 

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

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

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

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

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

and $20 for incidental expenses. 15

27. According to The United States Department of State 

of Legislative Affairs Official Foreign Travel Guide publi

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

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

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

not be retained. 16

A. REPRESENTATIVE HASTINGS MADE PUBLIC STATEMENTS IND

THAT HE MAY HAVE USED PER DIEM FOR IMPERMISSIBLE PU

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

cle entitled ‘‘Lawmakers Keep the Change.’’ 17

30. In that article, Representative Hastings’ statemen

cated that he may have used per diem that he received 

CODELs for impermissible purposes. 

31. According to the article: ‘‘Mr. Hastings said he so

used the extra taxpayer money to buy gifts, meals or dr

military pilots, security officials and interpreters who tra

him. On a trip earlier this year to the Middle East, Mr. 

gave $100 to an Iraqi refugee, he said.’’ 18

32. The article further quotes Representative Hastings 

ing: ‘‘I’m a generous spirit and a courteous spirit . . . I s

cused.’’ 19


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20 Hastings MOI (Exhibit 6 10–7960l0024). 21 Id. at 10–7960–0022. 22 41 C.F.R. § 300–3.1. 23 Hastings MOI (Exhibit 6 10–7960l0024). 24 Id. at 10–7960l0024. 25 Id. at 10–7960l0024. 26 Id. at 10–7960l0024. 27 Id. at 10–7960l0024. 

33. In an interview with the OCE, Representative Hasti

firmed that he made these statements. 20

B. REPRESENTATIVE HASTINGS’ USE OF PER DIEM FOR E

OTHER THAN MEALS AND INCIDENTALS PROVIDES SUBSTANT

SON TO BELIEVE THAT HE HAD EXCESS PER DIEM AND HE 

RETURN EXCESS PER DIEM

34. Representative Hastings used per diem for expens

than his personal lodging, meals, and incidentals. 

35. Representative Hastings told the OCE that he used 

to purchase meals for others attending trips, including 

and staff. 21

36. The Federal Travel Regulation defines ‘‘incidental e

as ‘‘(1) Fees and tips given to porters, baggage carriers, 

hotel maids, stewards or stewardesses and others on sh

hotel servants in foreign countries; (2) Transportation 

places of lodging or business and places where meals are 

suitable meals cannot be obtained at the TDY site; and (3) 

cost associated with filing travel vouchers and payment of 

ment sponsored charge card billings.’’ 22

37. Representative Hastings characterizes ‘‘incidental e

as those expenses that he would customarily incur if he 

personal travel. 23

38. He purchases gifts with the per diem for various ind

attending the trips. For example, he takes gifts such as 

candy, or wine to the homes of ambassadors or other hosts

also purchased neckties for the pilots of a military plane o

he traveled and did not retain receipts for such expenses. 24

39. Representative Hastings used the per diem to purch

venirs for staff. The souvenirs generally consist of such t

baseball caps, magnets, can openers, and thimbles. He does 

souvenirs for himself, his family, or his constituents. 25

40. Prior to one trip, Representative Hastings purchas

ball caps in the United States that were customized for 

The caps were for the staff and Members who were going t

the trip. He later used the per diem to reimburse himself 

expense, which was approximately $425.00. 26

41. During a CODEL to Saudi Arabia in 2010, Iraqi refu

tended an official event and told the audience about their s

One refugee described numerous tragedies that he endu

Representative Hastings presented him with a $100 bill. H

sure if the money was his personal money or from his per 

42. Representative Hastings’ 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. 


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28 Id. at 10–7960l0021. 29 Id. at 10–7960l0023. 30 Id. at 10–7960l0023. 31 CSCE Office Manager MOI (Exhibit 2 at 10–7960l0005). 

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

resentative Hastings had excess per diem for certain CODE

C. ESTIMATES OF REPRESENTATIVE HASTINGS’ MEAL AND INC

EXPENSES PROVIDE SUBSTANTIAL REASON TO BELIEVE THAT 

CESS PER DIEM WAS MORE THAN A DE MINIMIS AMOUNT F

TAIN CODELS

44. Representative Hastings told the OCE that he did 

a complete record of expenses that he incurred on CODELs 

attended during the time period from March 2008 to May 

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

of his meal and incidental expenses for each CODEL is u

46. Consequently, the OCE must use an estimate of exp

determine whether it appears that Representative Hast

tained excess per diem that was more than a de minimis 

47. 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. 

48. Without the use of an estimate, a House Member 

could impede the enforcement of Rule 10, clause 8, by sim

maintaining any records of his or her actual expenses. 

D. REPRESENTATIVE HASTINGS DID NOT RETURN ANY EXCES

DIEM FOR MEALS AND INCIDENTAL EXPENSES

49. Representative Hastings told the OCE that he has 

turned any excess per diem to the U.S. Treasury. He e

that his per diem does not cover all of the expenses tha

curs. 29

50. Representative Hastings told the OCE that he had 

currency from the per diem when ending certain CODELs

was not certain of the amount of the currency that was p

and the amount that was his personal money. 30

51. Procedures were in place at the time of Repres

Hastings’s travel for him to return any excess per diem. 

52. The relevant CODELs that Representative Hast

tended were all organized by the Commission on Security 

operation in Europe (‘‘CSCE’’). 

53. The Office Manager of the CSCE is responsible for r

the amount of per diem that Members received and recor

excess per diem that Members of Congress or staff retur

told the OCE that he had received excess per diem from Re

atives and staff for various CODELs, which was returned 

by checks made payable to the U.S. Treasury. 31


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32 Id. at 10–7960l0005. 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

54. The Office Manager forwards the checks to a specifi

at the U.S. Department of State who is responsible for rece

turns of excess per diem. 32

55. There is substantial reason to believe that Repres

Hastings had excess per diem for certain CODELs and he 

return per diem, even when there were procedures in place 

to return the per diem. 

56. Although, the available evidence does not establish t

amount of actual expenses for Representative Hastings’s C

after estimating meal and incidental expenses, there is su

reason to believe that Representative Hastings retained ex

diem from the following CODELs: 

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE Per 

Diem33

Estimated 

Expenses 34Exc

CODEL Hastings to Denmark Apr 12 to 

Apr 15, 2008 

$696.00 ≅ $568.00 

CODEL Hastings to Denmark, Russia, 

Finland, and Austria May 23 to 

May 31, 2008 

$1,429.00 ≅ $1,162.00 

CODEL Hastings to United Kingdom, 

Kazakhstan, Pakistan, and Italy Jun 28 to 

Jul 3, 2008 

$1,108.00 ≅; $649.00 

CODEL Hastings to London and 

CODEL Cardin to Austria Feb 15 to 

Feb 21, 2009 

$1,140.00 ≅ $654.00 

CODEL Hastings to Portugal Apr 18 to 

Apr 20, 2009 

$462.00 ≅ $301.00 

CODEL Hastings to Ireland May 25 to 

May 29, 2009 

$872.00 ≅ $665.00 

CODEL Hastings to Albania and 

CODEL Cardin to Lithuania Jun 26 to 

Jul 3, 2009 

$734.00 ≅ $381.00 

CODEL Cardin to Greece Oct 9 to 

Oct 12, 2009 

$606.00 ≅ $261.00 

CODEL Cardin to Austria Feb 12 to 

Feb 20, 2010 

$654.00 ≅ $249.00 

Total $7,701.00 ≅ $4,890.00 


steuser on CDPSPC2PFRM with HEARING
35See Itinerary for CODEL Hastings (April 12 to April 15, 2009) (Exhibi

7960l0051–0052); monthly per diem rates established by the Office of Allowan

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

36 Itinerary for CODEL Hastings (April 12 to April 15, 2009) (Exhibit 9 at 10–

0052) 37 41 C.F.R. ch. 301 App. B. 38See Itinerary for CODEL Hastings (May 23 to May 31, 2008) (Exhibit 10 at 10–

0057); monthly per diem rates established by the Office of Allowances, United St

ment of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 39 Itinerary for CODEL Hastings (May 23 to May 31, 2008) (Exhibit 10 at 10–

0057). 

1. CODEL HASTINGS (APR 2008)

57. During CODEL Hastings to Denmark Repres

Hastings received an enhanced per diem for meals and in

expenses in the amount of $696.00. 35

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

to have been provided at no cost to the Representatives 

tended the CODEL. 36

59. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 37

60. The estimated amount of meals and incidental exp

$568.00. 

61. Accordingly, the estimated excess per diem is $ 128.0

Codel Hastings to Denmark 

(April 12 to April 15, 2008) 

Meals & 

Incidentals 

Apr 12 Apr 13 Apr 14 

Breakfast ≅ $35 ≅ $35 Hosted 

Lunch ≅ $58 ≅ $58 ≅ $58 

Dinner ≅ $93 Hosted ≅ $93 

Incidentals ≅ $46 ≅ $46 ≅ $46 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

62. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings (Apr 20

he did not return to the U.S. Treasury. 

2. CODEL HASTINGS (MAY 2008)

63. During CODEL Hastings to Denmark, Russia, Finl

Austria, Representative Hastings received an enhanced p

for meals and incidental expenses in the amount of $1,429.

64. According to the CODEL itinerary, at least four m

pear to have been provided at no cost to the Representat

attended the CODEL. 39


steuser on CDPSPC2PFRM with HEARING
40 41 C.F.R. ch. 301 App. B. 41See Itinerary for CODEL Hastings (June 28 to July 3, 2008) (Exhibit 11 at 10–

0067); monthly per diem rates established by the Office of Allowances, United St

ment of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 42 Itinerary for CODEL Hastings (June 28 to July 3, 2008) (Exhibit 11 at 10–

0067). 43 41 C.F.R. ch. 301 App. B. 

65. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 40

66. The estimated amount of meals and incidental exp

$1,162.00. 

67. Accordingly, the estimated excess per diem is $267.00

Codel Hastings to Denmark, Russia, Finland, and Austria 

(May 23 to May 31, 2008) 

Meals & 

Incidentals 

May 24 May 25 May 26 May 27 May 28 May 29 May 30 

Breakfast ≅ $35 ≅ $24 ≅ $24 ≅ $32 ≅ $33 ≅ $33 ≅ $33 

Lunch ≅ $58 ≅ $40 Hosted Hosted ≅ $55 ≅ $55 ≅ $55 

Dinner ≅ $93 ≅ $65 ≅ $65 Hosted ≅ $89 ≅ $89 Hosted 

Incidentals ≅ $46 ≅ $32 ≅ $32 ≅ $42 ≅ $44 ≅ $44 ≅ $44 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

68. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings (Ma

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

3. CODEL HASTINGS (JUN 2008)

69. During CODEL Hastings to the United K

Kazakhstan, Pakistan, and Italy, Representative Hastings 

an enhanced per diem for meals and incidental expense

amount of $1,108.00. 41

70. According to the CODEL itinerary, at least eight m

pear to have been provided at no cost to the Representat

attended the CODEL. 42

71. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 43

72. The estimated amount of meals and incidental exp

$649.00. 


steuser on CDPSPC2PFRM with HEARING
44See Itinerary for CODEL Hastings (February 15 to February 21, 2009) (Exhib

7960l0069–0077); monthly per diem rates established by the Office of Allowan

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

45 Itinerary for CODEL Hastings (February 15 to February 21, 2009) (Exhibi

7960l0069–0077). 46 41 C.F.R. ch. 301 App. B. 

73. Accordingly, the estimated excess per diem is $459.00

Codel Hastings to the United Kingdom, Kazakhstan, Pakistan, and Italy 

(June 28 to July 3, 2008) 

Meals & 

Incidentals 

Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast ≅ $35 ≅ $24 Hosted Hosted Hosted ≅ $19 

Lunch ≅ $58 ≅ $39 ≅ $39 Hosted Hosted ≅ $32 

Dinner ≅ $92 ≅ $63 Hosted Hosted Hosted ≅ $52 

Incidentals ≅ $46 ≅ $31 ≅ $31 ≅ $31 ≅ $31 ≅ $26 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

74. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings (Jun 20

he did not return to the U.S. Treasury. 

4. CODELS HASTINGS AND CARDIN (FEB 2009)

75. During to CODEL Hastings and CODEL Cardin to 

and Austria from February 15 to 21, 2009, Representative 

received an enhanced per diem for meals and incidental 

in the amount of $1,140.00. 44

76. According to the CODELs’ it ineraries, at least eleve

appear to have been provided at no cost to the Representat

attended the CODELs. 45

77. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 46

78. The estimated amount of meals and incidental exp

$654.00. 


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47See Itinerary for CODEL Hastings (April 18 to April 20, 2009) (Exhibit 

7960l0079–0080); monthly per diem rates established by the Office of Allowan

States Department of State <available at http://aoprals.state.gov/web920/perldiem.a

48 Itinerary for CODEL Hastings (April 18 to April 20, 2009) (Exhibit 13 at 10–

0080). 49 41 C.F.R. ch. 301 App. B. 

79. Accordingly, the estimated excess per diem is $486.00

Codel Hastings to the United Kingdom and Codel Cardin to Austria 

(February 15 to February 21, 2009) 

Meals & Incidentals Feb 15 Feb 16 Feb 17 Feb 18 Feb 19 Feb 20 

Breakfast ≅ $27 Hosted Hosted ≅ $30 Hosted Hosted 

Lunch ≅ $45 Hosted Hosted ≅ $50 Hosted ≅ $50 

Dinner ≅ $72 Hosted ≅ $72 ≅ $80 Hosted Hosted 

Incidentals ≅ $36 ≅ $36 ≅ $36 ≅ $40 ≅ $40 ≅ $40 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

80. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings and 

(Feb 2009) that he did not return to the U.S. Treasury. 

5. CODEL HASTINGS (APR 2009)

81. During CODEL Hastings to Portugal, Repres

Hastings received a an enhanced per diem for meals and in

expenses in the amount of $462.00. 47

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

pear to have been provided at no cost to the Representat

attended the CODEL. 48

83. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 49

84. The estimated amount of meals and incidental exp

$301.00. 


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50See Itinerary for CODEL Hastings (May 25 to May 29, 2009) (Exhibit 14 at 10–

0089); monthly per diem rates established by the Office of Allowances, United St

ment of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 51 Itinerary for CODEL Hastings (May 25 to May 29, 2009) (Exhibit 14 at 10–

0089). 52 41 C.F.R. ch. 301 App. B. 

85. Accordingly, the estimated excess per diem is $161.00

Codel Hastings to Portugal 

(April 18 to April 20, 2009) 

Meals & Incidentals Apr 18 Apr 19 Apr 20 

Breakfast ≅ $23 ≅ $23 ≅ $23 

Lunch ≅ $39 ≅ $39 Hosted 

Dinner ≅ $61 Hosted Hosted 

Incidentals ≅ $31 ≅ $31 ≅ $31 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

86. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings (Apr 20

he did not return to the U.S. Treasury. 

6. CODEL HASTINGS (MAY 2009)

87. During CODEL Hastings to Ireland, Representative 

received an enhanced per diem for meals and incidental 

in the amount of $872.00. 50

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

pear to have been provided at no cost to the Representat

attended the CODEL. 51

89. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 52

90. The estimated amount of meals and incidental exp

$665.00. 


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53See Itinerary for CODEL Hastings (June 26 to July 3, 2009) (Exhibit 15 at 10–

0100); monthly per diem rates established by the Office of Allowances, United St

ment of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 54 Itinerary for CODEL Hastings (June 26 to July 3, 2009) (Exhibit 15 at 10–

0100). 55 41 C.F.R. ch. 301 App. B. 

91. Accordingly, the estimated excess per diem is $207.00

Codel Hastings to Ireland 

(May 25 to May 29, 2009) 

Meals & Incidentals May 25 May 26 May 27 May 28 

Breakfast ≅ $33 ≅ $33 ≅ $33 Hosted 

Lunch ≅ $55 ≅ $55 ≅ $55 ≅ $55 

Dinner ≅ $87 ≅ $87 Hosted Hosted 

Incidentals ≅ $43 ≅ $43 ≅ $43 ≅ $43 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

92. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings (Ma

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

7. CODEL HASTINGS (JULY 2009)

93. During CODEL Hastings to Albania and CODEL C

Lithuania from June 26 to July 3, 2009, Representative 

received an enhanced per diem for meals and incidental 

in the amount of $734.00. 53

94. According to the CODELs’ itineraries, at least 

meals appear to have been provided at no cost to the Rep

tives who attended the CODELs. 54

95. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 55

96. The estimated amount of meals and incidental exp

$381.00. 


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56See Itinerary for CODEL Cardin (October 9 to October 12, 2009) (Exhibit 

7960l0102–0107); monthly per diem rates established by the Office of Allowan

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

57 Itinerary for CODEL Cardin (October 9 to October 12, 2009) (Exhibit 16 at 10–

0107). 58 41 C.F.R. ch. 301 App. B. 

97. Accordingly, the estimated excess per diem is $353.00

Codel Hastings to Albania and Codel Cardin to Lithuania 

(June 26 to July 3, 2009) 

Meals & 

Incidentals 

Jun 26 Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast ≅$15 Hosted Hosted Hosted Hosted Hosted Hosted 

Lunch ≅$25 Hosted ≅$25 ≅$27 Hosted Hosted ≅$27 

Dinner ≅$39 ≅$39 ≅$39 Hosted Hosted Hosted Hosted 

Incidentals ≅$19 ≅$19 ≅$19 ≅$22 ≅$22 ≅$22 ≅$22 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

98. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Hastings and 

Cardin (Jun 2009) that he did not return to the U.S. Treasu

8. CODEL CARDIN (OCT 2009)

99. During CODEL Cardin to Greece, Representative 

received an enhanced per diem for meals and incidental 

in the amount of $606.00. 56

100. According to the CODEL itinerary, at least five m

pear to have been provided at no cost to the Representat

attended the CODEL. 57

101. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 58

102. The estimated amount of meals and incidental exp

$261.00. 


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59See Itinerary for CODEL Cardin (February 12 to February 20, 2010) (Exhib

7960l0109–0120); monthly per diem rates established by the Office of Allowan

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

60 Itinerary for CODEL Cardin (February 12 to February 20, 2010) (Exhibit 

7960l0109–0120). 61 41 C.F.R. ch. 301 App. B. 

103. Accordingly, the estimated excess per diem is $345.0

Codel Cardin to Greece 

(October 9 to October 12, 2009) 

Meals & 

Incidentals 

DOct 9 Oct 10 Oct 11 

Breakfast ≅ $30 ≅ $30 ≅ $30 

Lunch Hosted ≅ $51 Hosted 

Dinner Hosted Hosted Hosted 

Incidentals ≅ $40 ≅ $40 ≅ $40 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

104. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Cardin (Oct 20

he did not return to the U.S. Treasury. 

9. CODEL CARDIN (FEB 2010)

105. During CODEL to Austria, Representative Hast

ceived per diem for meals and incidental expenses in the 

of $654.00. 59

106. According to the CODEL itinerary, at least eight m

pear to have been provided at no cost to the Representat

attended the CODEL. 60

107. Representative Hastings’ meal and incidental expen

were incurred are estimated based on the Federal Travel 

tions allocation formula. 61

108. The estimated amount of meals and incidental exp

$249.00. 


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62 House Ethics Manual (2008) at 13. 

109. Accordingly, the estimated excess per diem is $405.0

Codel Cardin to Austria 

(February 12 to February 20, 2010) 

Meals & 

Incidentals 

Feb 17 Feb 18 Feb 19 

Breakfast ≅ $33 Hosted Hosted 

Lunch Hosted Hosted Hosted 

Dinner ≅ $87 Hosted Hosted 

Incidentals ≅ $43 ≅ $43 ≅ $43 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

110. There is substantial reason to believe that Repres

Hastings had excess per diem for CODEL Cardin (Feb 20

he did not return to the U.S. Treasury. 

III. CONCLUSION

111. 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. 

112. 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. 

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

conduct themselves at all times in a manner that sha

credibility on the House. Representative Hastings’s publ

ments indicate that he may have retained excess per die

result, if there is a violation, it implicates House Rule 2

1 because it may be considered flagrant. 62

114. Based on the information available to the OCE du

Review, Representative Hastings’s meals and incidental 

were less than the per diem he received to cover these 

during the following CODELs: CODEL Hastings (Apri

CODEL Hastings (May 2008); CODEL Hastings (Jun

CODEL Hastings (February 2009); CODEL Hastings (Apr

CODEL Hastings (May 2009); CODEL Hastings (Jun

CODEL Cardin (October 2009); and CODEL Cardin (F

2010). 

115. Based on the information available to the OCE du

Review, Representative Hastings did not return any ex

diem for meal and incidental expenses. Therefore, there is 


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tial reason to believe that he may have violated House 

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

116. For these reasons, the Board recommends that t

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Hastings. 

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

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

of State concerning letters of authorization for certain COD

records of Representative Hastings returning excess per d

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. 

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

Congressional Liaison Office concerning meal and other 

incurred on behalf of Representative Hastings and reimb

Representative Hastings. The U.S. Air Force Congressiona

Office was cooperative with discussing the information w

staff but was unable to acquire proper authorization to rel

documents to the OCE before the end of this Review. 


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