An Investigation of Travel Reimbursements in Connection with the INS’s Operation Safeguard

December 2002
Office of the Inspector General

EXHIBIT 6

U.S. Department of Justice Immigration and Naturalization Service HQFIN 80/9 425 I Street, NW Washington, DC 20536

MEMORANDUM FOR	ALL INS EMPLOYEES
FROM:	Judy R. Harrison [Signed] Assistant Commissioner Office of Financial management
SUBJECT:	Frequently Asked Questions #18--Lodging: During Temporary Duty Travel

This is the eighteenth in a series of frequently asked question messages from the Office of Financial Management concerning policy for travel. The topic of this memorandum is Lodging During Temporary Duty Travel (TDY). If you have further questions, please contact Tamara Echols at (202) 307-4617 or Kurt Snyder at (202) 616-9939.

Please note that the information contained in these messages does not supersede specific language in the Immigration and Naturalization Service's bargaining unit contracts. Rather, the provisions of these messages should be understood and applied in a manner consistent with the requirements of the applicable labor agreement, if any.

General Rules

1. QUESTION: What types of accommodations should I obtain while on official TDY?

   ANSWER: Employees are encouraged to stay in conventional lodging facilities, such as commercial hotels, motels and lodges, that have been approved by the Federal Emergency Management Agency (FEMA) as "approved accommodations." You may make your reservations through your local Travel Management Center (TMC). Reference: Federal Travel Regulation (FTR) Section 301-11.11

2. QUESTION: What if I choose to stay with a friend or relative?

   ANSWER: Employees are permitted to stay with friends or relatives while on TDY. However, employees who rent from a place that is not commercially available to the public: will not be reimbursed the cost of comparable conventional lodging in the area or a flat "token" amount. Instead, reimbursement will be limited to additional costs your host incurs in accommodating you, (e.g., the rental of a cot or bed). The extra costs paid to the friend or relative for such items may be reimbursed to the employee but must be substantiated with proof~ such as a bill or statement. Reference: FTR Section 301-11.12

   If an employee stays in a room or house of an individual who is in the business of renting rooms to the public, then the employee renting the accommodations may be reimbursed for the rental costs. The rental cost should not exceed the amount charged to the general public and the maximum per diem rate allowed for that location.

3. QUESTION: What if the property owner or the property management offer or agree to provide a receipt for a higher amount than the amount actually paid?

   ANSWER: An employee may not submit a claim that does not accurately reflect the amount paid for lodging. Submitting a claim for more than the amount actually incurred is a violation of the US Code (18 United States Code 287, False, Fictitious or Fraudulent Claims) and can subject the employee to criminal penalties, or disciplinary or adverse action. Employees are authorized to claim up to the allotted lodging amount in a particular location. If the employee is not charged the maximum lodging per diem amount, the employee is not entitled to claim it. Employees should ensure that the lodging receipt reflects the actual costs incurred, net of any cash rebates or similar credits.

4. QUESTION: What should I do with vouchers or credits that I receive while staying at a commercial lodging facility?

   ANSWER: Pursuant to Section I 116 of the National Defense Authorization Act for Fiscal Year 2002, the General Services Administration has issued the following regulation: Any promotional benefits or materials received from a travel service provider (i.e., frequent flyer miles, upgrades. or access to carrier clubs or facilities, and coupons for discounted meals or services provided by the hotel) in connection with official travel may be retained for personal use, if such items are obtained under the same conditions as those offered to the general public and at no additional cost to the Government. Reference: FIR 30J-10.admendment 104

Date:	04/23/2002 11 :01 AM
Sender:	INS Broadcast
To:	Karina Anchieta; Barbara Anderson; Diana L Anderson; George E Anderson; Peder A Anderson; Robert Anderson; Ross S Anderson; Ross TDY Anderson; Stuart Anderson; Kurt O Andolsun: Sharon Andrade; Thomas Andreotta; Brian Andrews; Chonlatit Andrews; Jim R Andrus; John J Andrzejewski; Jackie Angelelli; Jerald Angell; Franca B Angelucci; Karen S Angelucci; Reemployed Annuitants; Jacob A Antoninis; Gabriel Anwar; Vicki L Apodaca; Ermin Apolinario; Myriam Aponte; Gregory J Archambeault; Carlos W Archuleta; Karlee Arey; Jeannette C Armell; Daniel D Armendariz; Rose-Marie Armstrong; Sue E Armstrong; Jill Arndt; Kurt R Arneson; Paul Arnold; Norma A Arocho; Ismael Arreola: Mario Arreola; Susan K Arroyo; James K Anhur; Paul S Arthur; Larry G Arthurs; Octavia Arvizu; Kwabena Asamaah; Weekly Report ASC; Roben A Aserkoff; Jennifer L Ash; Earl L Ashton
Priority:	Normal
Subject:	Frequently Asked Questions #18-Lodging During Temporary Duty

Forwarded on behalf of: Office of Financial Management

MEMORANDUM FOR ALL INS EMPLOYEES

FROM:	Judy R. Harrison Assistant Commissioner Office of Financial Management
SUBJECT:	Frequently Asked Questions #la-Lodging During Temporary Duty Travel

This is the eighteenth in a series of frequently asked question messages from the Office of Financial Management concerning policy for travel. The topic of this memorandum is Lodging During Temporary Duty Travel (TDY). If you have further questions, please contact Tamara Echols at (202) 307-4617 or Kurt Snyder at (202) 616-9939.

Please note that the information contained in these messages does not supersede specific language in the Immigration and Naturalization Service's bargaining unit contracts. Rather, the provisions of these messages should be understood and applied in a manner consistent with the requirements of the applicable labor agreement, if any.

General Rules

1. QUESTION: What types of accommodations should I obtain while on official TDY?

   ANSWER: Employees are encouraged to stay in conventional lodging facilities, such as commercial hotels, motels and lodges, that have been approved by the Federal Emergency Management Agency (FEMA) as "approved accommodations." You may make your reservations through your local Travel Management Center (TMC). Reference:

   Federal Travel Regulation (FTR) Section 301-1l.l1

2. QUESTION: What if I choose to stay with a friend or relative?

   ANSWER: Employees are permitted to stay with friends or relatives while on TDY. However, employees who rent from a place that is not commercially available to the public will not be reimbursed the cost of comparable conventional lodging in the area or a flat "token" amount. Instead, reimbursement will be limited to additional costs your host incurs in accommodating you, (e.g., the rental of a cot or bed). The extra costs paid to the friend or relative for such items may be reimbursed to the employee but must be substantiated with proof, such as a bill or statement.

   Reference: FTR Section 301-11.12

   If an employee stays in a room or house of an individual who is in the business of renting rooms to the public, then the employee renting the accommodations may be reimbursed for the rental costs. The rental cost should not exceed the amount charged to the general public and the maximum per diem rate allowed for that location.

3. QUESTION: What if the property owner or the property management offer or agree to provide a receipt for a higher amount than the amount actually paid?

   ANSWER: An employee may not submit a claim that does not accurately reflect the amount paid for lodging. Submitting a claim for more than the amount actually incurred is a violation of the US Code (18 United States Code 287, False, Fictitious or Fraudulent Claims) and can subject the employee to criminal penalties, or disciplinary or adverse action. Employees are authorized to claim up to the allotted lodging amount in a particular location. If the employee is not charged the maximum lodging per diem amount, the employee is not entitled to claim it. Employees should ensure that the lodging receipt reflects the actual costs incurred, net of any cash rebates or similar credits,

4. QUESTION: What should I do with vouchers or credits that I receive while staying at a commercial lodging facility?

   ANSWER: Pursuant to Section 1116 of the National Defense Authorization Act for Fiscal Year 2002, the General services Administration has issued the following regulation: Any promotional benefits or materials received from a travel service provider (i.e., frequent flyer miles, upgrades, or access to carrier clubs or facilities, and coupons for discounted meals or services provided by the hotel) in connection with official travel may be retained for personal use, if such items are obtained under the same conditions as those offered to the general public and at no additional cost to the Government.

   Reference: FTR 301-10 Amendment 104