[House Prints, 111th Congress]
[From the U.S. Government Publishing Office]
111th Congress } { Review No.
1st Session } HOUSE OF REPRESENTATIVES { 10-0754
______________________________________________________________________
OFFICE OF CONGRESSIONAL ETHICS
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 the
110th Congress as amended
July 2010
_________
U.S. GOVERNMENT PRINTING OFFICE
58-386 WASHINGTON : 2010
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
(II)
REPORT
Review No. 10-0754
The Board of the Office of Congressional Ethics (the
``Board''), by a vote of no less than four members, on July 23,
2010, adopted the following report and ordered it to be
transmitted to the Committee on Standards of Official Conduct
of the United States House of Representatives.
SUBJECT: Representative Joe Wilson
NATURE OF THE ALLEGED VIOLATION: During the time period
from March 2008 to May 2010, Representative Joe Wilson
participated in various Congressional Delegation trips abroad.
These public statements attributed to Representative Wilson
indicate that he may have used the per diem for impermissible
purposes during various trips.
If Representative Wilson's actual meal and incidental
expenses for foreign travel were less than the per diem
received and he did not return the excess per diem, he may have
violated House Rule 10, clause 8 and House Rule 23, clauses 1
and 2.
RECOMMENDATION: The Board recommends that the Committee on
Standards of Official Conduct further Review the above
allegations.
VOTES IN THE AFFIRMATIVE: 6
VOTES IN THE NEGATIVE: 0
MEMBER OF THE BOARD OR STAFF DESIGNATED TO PRESENT THIS
REPORT TO THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT: Leo
Wise, Staff Director & Chief Counsel.
TABLE OF CONTENTS
I. INTRODUCTION......................................................3
A. Summary of Allegations................................ 4
B. Jurisdictional Statement.............................. 4
C. Procedural History.................................... 4
D. Summary of Investigative Activity..................... 5
II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESENTATIVE WILSON
RECEIVED PER DIEM IN EXCESS OF HIS ACTUAL MEAL AND INCIDENTAL
EXPENSES DURING CERTAIN CODELS AND RETAINED THE EXCESS PER DIEM...5
A. Applicable Law, Rules, and Standards of Conduct....... 5
1. House Rules......................................... 5
2. Federal Travel Regulation and Other Guidance........ 6
B. Representative Wilson Made Public Statements
Indicating That He May Have Used Per Diem for
Impermissible Purposes............................... 7
C. Representative Wilson's Use of Per Diem for Expenses
Other Than Meals and Incidentals Provides Substantial
Reason to Believe that He Had Excess Per Diem and He
Did Not Return Excess Per Diem....................... 7
D. Estimates of Representative Wilson Meal and Incidental
Expenses Provide Substantial Reason to Believe That
His Excess Per Diem Was More Than a De Minimis is
Amount for Certain CODELs............................ 8
E. Representative Wilson Did Not Return Any Excess Per
Diem for Meals and Incidental Expenses............... 9
III.CONCLUSION.......................................................14
IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN.........................15
FINDINGS OF FACT AND CITATIONS TO LAW
Review No. 10-0754
On July 23, 2010, the Board of the Office of Congressional
Ethics (the ``Board'') adopted the following findings of fact
and accompanying citations to law, regulations, rules and
standards of conduct (in italics). The Board notes that these
findings do not constitute a determination of whether or not a
violation actually occurred.
I. INTRODUCTION
1. The Rules of the 111th Congress were adopted by the U.S.
House of Representatives on January 6, 2009. Rule 10, clause 8,
provides that House Members and staff on official foreign
travel receive reimbursement for their official expenses at the
lesser of (1) the applicable per diem; or (2) the actual
expenses incurred. The Rules of the 110th Congress included the
identical provision.\1\ By this rule, Members of the House
imposed on themselves a requirement that per diem in excess of
actual expenses is to be returned. The Speaker of the House
recently underscored this requirement and restated the rule
that ``[a]ny per diem provided to members
or staff is intended to be expended only for official purposes
related to the trip. Excess funds are to be returned to the
Treasury . . . .'' \2\
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\1\ Rules of the House of Representatives, 111th Cong. Rule X,
Clause 8, adopted under H. Res. 5, 111th Cong. (January 6, 2009).
\2\ Letter from the Speaker of the House to House Committee
Chairmen, dated May 13, 2010 (Exhibit 1 at 10-0754--002).
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2. During this Review, various committees which authorize
foreign travel and the U.S. Department of State all informed
the Office of Congressional Ethics (``OCE'') that many Members
and staff use per diem properly, comply with the rule and
return excess per diem. The House Committee on Foreign Affairs,
the House Committee on Armed Services, the Commission Security
and Cooperation in Europe, and the Bureau of Legislative
Affairs of the U.S. Department of State each has staff
responsible for collecting and recording the return of excess
per diem from Members and staff. According to the officials,
Members and staff routinely return excess per diem to these
entities.\3\
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\3\ Memorandum of Interview of Commission on Security and
Cooperation in Europe Office Manager, June 3, 2010 (Exhibit 2 at 10-
0754--006); Memorandum of Interview of House Committee on Foreign
Affairs Travel Coordinator, June 2, 2010 (``HCFA Travel Coordinator
MOI'') (Exhibit 3 at 10-0754--006); and Memorandum of Interview of
House Armed Services Committee Travel Coordinator (``HASC Travel
Coordinator MOI''), June 8, 2010 (Exhibit 4 at 10-754--014).
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3. Notwithstanding the rule and the compliance by many
Members and staff, several Members claimed that it is common
practice by some to use per diem for purposes other than
official expenses and to retain excess per diem. While this
practice may seem to be consistent with the rationale for a per
diem approach to covering travel expenses without need for
itemized accounting, it nonetheless appears to be contrary to
the rule the House adopted and with which many Members
evidently do comply. The Board determined that fairness
dictates upholding the standard stated in the rule and adhered
to by many, rather than excusing a practice of noncompliance,
however pervasive.
4. Representative Wilson acknowledged publically before the
commencement of the OCE's Review that he used per diem for
expenses other than meals and incidentals.\4\ During the
Review, he acknowledged that he used per diem for expenses
other than meals and incidentals, which suggests that he had
excess per diem.\5\
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\4\ Brody Mullins and T.W. Farnam, ``Lawmakers Keep the Change,''
Wall St. J., March 2, 2010 (Exhibit 5 at 10-0754--017).
\5\ Memorandum of Interview of Representative Joe Wilson, June 11,
2010 (``Wilson MOI'') (Exhibit 6 at 10-0754--022-023).
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A. SUMMARY OF ALLEGATIONS
5. Based on the information presented before the Office of
Congressional Ethics (``OCE''), there is substantial reason to
believe that Representative Joe Wilson may have violated House
Rule 10, clause 8 and House Rule 23, clauses 1 and 2 by
retaining excess per diem when his actual meal and incidental
expenses were less than the per diem that he received during
various Congressional Delegation trips (``CODELs'').
B. JURISDICTIONAL STATEMENT
6. The allegations that were the subject of this Review
concern Representative Wilson, a Member of the United State
House of Representatives from the 2nd District of South
Carolina. The Resolution the United States House of
Representatives adopted creating the OCE directs that, ``[n]o
review shall be undertaken . . . by the board of any alleged
violation that occurred before the date of adoption of this
resolution.'' The House adopted this Resolution on March 11,
2008. The conduct under Review occurred after March 11, 2008.
C. PROCEDURAL HISTORY
7. The OCE received a written request for a preliminary
Review in this matter signed by at least two members of the
Board on April 12, 2010. The preliminary Review commenced on
April 13, 2010. The preliminary Review was scheduled to end on
May 13, 2010.
8. At least three members of the Board voted to initiate a
second-phase Review in this matter on May 11, 2010. The second
phase Review commenced on May 14, 2010.\6\ The second-phase
Review was scheduled to end on June 28, 2010.
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\6\ According to the Resolution, the Board must vote on whether to
conduct a second-phase Review in a matter before the expiration of the
30-day preliminary Review. If the Board votes for a second-phase, the
second-phase begins when the preliminary Review ends. The second-phase
Review does not begin on the date of the Board vote.
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9. The Board voted to extend the 45-day second-phase Review
by an additional 14 days on June 21, 2010, as provided for
under H. Res 895. Following the extension, the second-phase
Review was scheduled to end on July 12, 2010.\7\
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\7\ Id. at Sec. 1(c)(2)(A)(ii) (2008).
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10. Representative Wilson submitted a written statement to
the Board, under Rule 9(B) of the OCE's Rules for the Conduct
of Investigations, on July 19, 2010.\8\
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\8\ Letter from Representative Joe Wilson to Chairman David Skaggs
and Co-Chairman Porter Goss, dated July 19, 2010 (Exhibit 7 at 10-
0754--026-029).
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11. The Board voted to refer the matter to the Committee on
Standards of Official Conduct for further Review and adopted
these findings on July 23, 2010.
12. This report and findings in this matter were
transmitted to the Committee on Standards of Official Conduct
on July 30, 2010.
D. SUMMARY OF INVESTIGATIVE ACTIVITY
13. The OCE requested documentary and testimonial
information from the following sources:
(1) Representative Wilson;
(2) Commission on Security and Cooperation in Europe
(``CSCE'');
(3) CSCE Office Manager;
(4) House Committee on Foreign Affairs;
(5) House Committee on Foreign Affairs Travel
Coordinator;
(6) House Committee on Armed Services;
(7) House Committee on Armed Services Travel
Coordinator;
(8) Bureau of Legislative Affairs of the United
States Department of State; and
(9) United States Air Force Congressional Liaison
Office.
II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESENTATIVE WILSON
RECEIVED PER DIEM IN EXCESS OF HIS ACTUAL MEAL AND INCIDENTAL EXPENSES
DURING CERTAIN CODELS AND RETAINED THE EXCESS PER DIEM
14. The Board recognizes that the per diem rule contained
in House Rule 10, clause 8 is under the jurisdiction of the
House Committee on Rules.
15. Based on the facts presented before the Board, the
allegations in this Review also implicate House Rule 23,
clauses 1 and 2, which are under the jurisdiction of the
Committee on Standards of Official Conduct.
16. Regardless of which committee the House determines to
appropriately address these issues, the OCE has jurisdiction to
Review alleged violations of ``any law, rule, regulation, or
other standard of conduct applicable to the conduct of [a]
Member, officer, or employee in the performance of his duties
or the discharge of his responsibilities.'' \9\
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\9\ H. Res. 895, 110th Cong., Section 1(c)(1)(A) (2008) (as
amended).
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A. APPLICABLE LAW, RULES, AND STANDARDS OF CONDUCT
1. HOUSE RULES
17. Pursuant to House Rule 10, clause 8(b):
``The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions . . . (2) A member or employee shall be
reimbursed for the expenses of such individual 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
transportation) incurred during that day''
18. Pursuant to House Rule 23, clause 2:
``A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall adhere to the spirit and
the letter of the Rules of the House and to the rules
of duly constituted committees thereof.''
19. Pursuant to House Rule 23, clause 1:
``A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall conduct himself at all
times in a manner that shall reflect credibility on the
House.''
2. FEDERAL TRAVEL REGULATION AND OTHER GUIDANCE
20. House Rule 10, clause 8(b), incorporates by reference
Federal law governing the use of per diem. Specifically, Public
Law 95-384 governs per diem provided to congressional
travelers. Per diem rates are established under 5 U.S.C.
Sec. 5702 and the Federal Travel Regulation, 41 C.F.R. chs.
300-304.
21. The ``per diem allowance (also referred to as
subsistence allowance) is a daily payment instead of
reimbursement for actual expenses for lodging, meals, and
related incidental expenses. The per diem allowance is separate
from transportation expenses and other miscellaneous
expenses.'' \10\
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\10\ 41 C.F.R. Sec. 300-3.1 (emphasis added).
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22. Lodging expenses include ``expenses, except lodging
taxes in the United States, for overnight sleeping facilities,
baths, personal use of the room during daytime, telephone
access fee, and service charges for fans, air conditioners,
heaters, and fires furnished in the room when such charges are
not included in the room rate.'' \11\
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\11\ Id.
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23. Meal expenses are ``expenses for breakfast, lunch,
dinner and related tips and taxes (specifically excluded are
alcoholic beverage and entertainment expenses, and any expenses
incurred for other persons).'' \12\
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\12\ Id.
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24. Incidental expenses are ``(1) Fees and tips given to
porters, baggage carriers, bellhops, hotel maids, stewards or
stewardesses and others on ships, and hotel servants in foreign
countries; (2) Transportation between places of lodging or
business and places where meals are taken, if suitable meals
cannot be obtained at the TDY site; and (3) Mailing cost
associated with filing travel vouchers and payment of
Government sponsored charge card billings.'' \13\
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\13\ Id.
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25. ``Per Diem consists of two components: the lodging rate
and the M&IE. Per diem rates are established by the Department
of State for foreign cities. The foreign per diem rates are
established monthly by the Department of State based on actual
reported costs of hotel, meals and incidental expenses in
individual cities around the world. Therefore, routine expenses
are usually well within the per diem rates and it is sufficient
to authorize per diem payments based on those rates.'' \14\
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\14\ United States Department of State Bureau of Legislative
Affairs, Official Foreign Travel Guide for the U.S. Congress. (Exhibit
8 at 10-0754--049).
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26. Under the Federal Travel Regulation, the allocation of
meals and incidental expenses (``M&IE'') rates that are used in
making deductions from the M&IE are as follows: 15% for
breakfast, 25% for lunch, 40% for dinner, and the remainder for
incidental expenses. For example, if the M&IE for a specific
city was $100 per day, it was allocated as $15 for breakfast,
$25 for lunch, $40 for dinner, and $20 for incidental
expenses.\15\
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\15\ 41 C.F.R. ch. 301, App. B.
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27. According to The United States Department of State
Bureau of Legislative Affairs Official Foreign Travel Guide
published for the U.S. Congress, Members are advised the
following:
28. The House has adopted a general rule for all committees
that per diem allowance (the set rates) in excess of actual
expenses may not be retained.\16\
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\16\ House Rule 10, clause 8.
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B. REPRESENTATIVE WILSON MADE PUBLIC STATEMENTS INDICATING THAT HE MAY
HAVE USED PER DIEM FOR IMPERMISSIBLE PURPOSES
29. On March 2, 2010, the Wall Street Journal published an
article entitled ``Lawmakers Keep the Change.'' \17\
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\17\ Brody Mullins and T.W. Farnam, ``Lawmakers Keep the Change,''
Wall St. J., March 2, 2010 (Exhibit 5 at 10-0754--017).
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30. A statement attributed to Representative Wilson in the
article indicated that he may have used per diem for
impermissible purposes.
31. According to the article: ``Rep. Joe Wilson (R., Ind.)
said he once bought marble goblets in the Kabul airports as
gifts from constituents.'' \18\
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\18\ Id.
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32. During an interview with the OCE, Representative Wilson
confirmed that the article accurately described his
statement.\19\
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\19\ Wilson MOI (Exhibit 6 at 10-0754--023).
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C. REPRESENTATIVE WILSON'S USE OF PER DIEM FOR EXPENSES OTHER THAN
MEALS AND INCIDENTALS PROVIDES SUBSTANTIAL REASON TO BELIEVE THAT HE
HAD EXCESS PER DIEM AND HE DID NOT RETURN EXCESS PER DIEM
33. Representative Wilson used per diem for expenses other
than his lodging meals, and incidentals.
34. He told the OCE that he may have used some of his per
diem to purchase souvenirs. As an example, he described a small
statue of Kamal Ataturk that he bought in Turkey, which
currently sits on his desk in his Congressional office. He also
described using per diem to purchase flags from foreign
countries which he also has in his Congressional office.\20\
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\20\ Id. at 10-0754--022.
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35. When specifically asked about his purchase of marble
goblets from Afghanistan, Representative Wilson stated that he
has brought back marble goblets in the past. He described a
shop in the arcade of the airport in Kabul where one can buy a
set of six goblets for either $10 or $12--the witness could not
recall. He has purchased two sets. When he returned from the
CODEL he wrote ``Afghanistan 2009'' on the bottom of the
goblets and gave them to veterans and people who have served in
Afghanistan and to their family. He did not think he used per
diem to purchase the goblets because he bought them at the end
of the trip and he did not think he had any per diem left. He
does not use the per diem to purchase souvenirs for his family
or constituents.\21\
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\21\ Id. at 10-0754--022-023.
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36. Representative Wilson stated he did not have any unused
per diem on CODEL Skelton because his wife was on that trip. He
explained that he had to reimburse others for money that his
wife borrowed, implying that his per diem was used for at least
some of her travel expenses.
37. Spouses of Representatives may travel on CODELs, but
must travel at no expense to the government.
38. Representative Wilson's use of the per diem for
purposes other than his personal meals and incidental expenses
suggests that his actual meal and incidental expenses were less
than the per diem that he received.
39. As a result, there is substantial reason to believe
that Representative Wilson had excess per diem for certain
CODELs.
D. ESTIMATES OF REPRESENTATIVE WILSON'S MEAL AND INCIDENTAL EXPENSES
PROVIDE SUBSTANTIAL REASON TO BELIEVE THAT HIS EXCESS PER DIEM WAS MORE
THAN A DE MINIMIS AMOUNT FOR CERTAIN CODELS
40. Representative Wilson told the OCE that he did not
maintain complete records of expenses that he incurred on
CODELs that he attended during the time period from March 2008
to May 2010.\22\
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\22\ Wilson MOI (Exhibit 6 at 10-0754--022).
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41. Based on the information before the OCE, the exact
amount of his meal and incidental expenses for each CODEL is
unknown.
42. Consequently, the OCE used estimates of expenses to
determine whether it appeared that Representative Wilson
retained excess per diem that was more than a de minimis
amount.
43. The OCE Board notes that the sole purpose of the
estimated meal and incidental expenses is to determine if there
is substantial reason to believe that the Member had excess per
diem that was more than a de minimis amount. The estimates are
not intended to be used to conclude the exact amount of any
excess per diem that the Member may have retained.
44. If an estimate is not used, a House Member or staff
could frustrate the enforcement of Rule 10, clause 8, by simply
not maintaining any records of his or her actual expenses.
E. REPRESENTATIVE WILSON DID NOT RETURN ANY EXCESS PER DIEM FOR MEALS
AND INCIDENTAL EXPENSES
45. Representative Wilson told the OCE that he does not
believe that he had any excess per diem for any CODELs because
at the end of trips because he vividly recalls only having
enough money for a taxi upon arrival in the U.S.\23\
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\23\ Id. at 10-0754--023.
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46. Therefore, he did not return any excess per diem for
any CODEL.\24\
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\24\ Id.
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47. The three relevant CODELs that Representative Wilson
attended were all organized by the House Committee on Armed
Services.
48. The Travel Coordinator for the House Committee on Armed
Services is responsible for reporting the amount of per diem
that Members received and recording any excess per diem that
Members of Congress or staff returned. She told the OCE that
she had received excess per diem from Representatives and staff
for various CODELs, which was returned to her by checks made
payable to the U.S. Treasury.\25\
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\25\ HASC Travel Coordinator MOI (Exhibit 4 at 10-0754--013).
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49. The Office Manager forwards the checks to a specific
person at the U.S. Department of State who is responsible for
receiving returns of excess per diem.
50. There is substantial reason to believe that
Representative Wilson had excess per diem for certain CODELs
and he did not return per diem, even when there were procedures
in place for him to return the per diem.
51. Although, the available evidence does not establish the
exact amount of actual expenses for Representative Wilson's
CODELs, after estimating meal and incidental expenses, there is
substantial reason to believe that Representative Wilson
retained excess per diem from the following CODELs:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Summary of Estimated Excess Per Diem
----------------------------------------------------------------------------------------------------------------
CODEL DATE M&IE Estimated Estimated
Per Diem \26\ Expenses \27\ Excess Per
Diem
----------------------------------------------------------------------------------------------------------------
CODEL Skelton to Hawaii, Guam, Iwo Feb 18 to Feb 21, $365.00 $187.00 $178.00
Jima, Korea, and Okinawa 2009
----------------------------------------------------------------------------------------------------------------
CODEL Tsongas to Iraq, Apr 4 to Apr 11, $518.00 $392.00 $126.00
Kuwait, Afghanistan, 2009
Pakistan, and Bahrain
----------------------------------------------------------------------------------------------------------------
CODEL Murphy to Turkey, Aug 4 to Aug 10, $525.00 $401.00 $124.00
Afghanistan, Kuwait, Iraq, Qatar, 2009
and Germany
----------------------------------------------------------------------------------------------------------------
Total $1,408.00 $980.00 $428.00
----------------------------------------------------------------------------------------------------------------
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\26\ M&IE Per Diem calculated using travel itineraries; the
monthly per diem rates established by the Office of Allowances, United
Sates Department of State; and where applicable, travel vouchers and
travel authorization letters.
\27\ Estimated expenses were calculated using the ``Allocation of
M&IE Rates to be Used in Making Deductions from the M&IE Allowance,''
which lists the amount of per diem expected to be allocated for
breakfast, lunch, dinner, and incidentals. 41 C.F.R. ch. 301 App. B.
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1. CODEL SKELTON
52. During CODEL Skelton to Hawaii, Guam, Iwo Jima, Korea,
and Okinawa, Representative Wilson received an enhanced per
diem for M&IE in the amount of $365.00, for his expenses in Iwo
Jima, Korea, and Okinawa.\28\
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\28\ See Itinerary for CODEL Skelton (February 18 to February 21,
2009) (Exhibit 9 at 10-0754--052-077); monthly per diem rates
established by the Office of Allowances, United States Department of
State
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53. Representative Wilson's wife attended the CODEL. Per
diem is only for a Representative's personal lodging, meals,
and incidental expenses and cannot be used for expenses
incurred on behalf of a Representative's spouse.
54. According to the itinerary for CODEL Skelton, at least
five meals appear to have been provided at no cost to
Representatives who participated during the five days in Iwo
Jima, Korea, and Okinawa.\29\
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\29\ Itinerary for CODEL Skelton (February 18 to February 21,
2009) (Exhibit 9 at 10-0754--052-077).
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55. Following the CODEL, Representative Wilson owed the
military escort $144.31 for meals and other expenses that were
incurred on behalf of Representative Wilson and his wife.\30\
An invoice was sent to Representative Wilson, dated February
24, 2009.\31\
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\30\ Wilson MOI (Exhibit 6 at 10-0754--023).
\31\ Email from Maj. Toby Patterson to Barb Calligan, et al.,
dated February 24, 2009 (Exhibit 10 at 10-0754--079).
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56. Of the $144.31 expenses, $68.96 appears to be for
Representative Wilson's expenses. The remaining $75.35 appears
to be expenses for his wife.
57. The amount of M&IE per diem remaining after the billed
expenses for four meals is $296.00.
58. Representative Wilson may have incurred incidental
expenses in addition to those in the Air Force expenses sheet.
These expenses are estimated on the Federal Travel Regulations
allocation formula.\32\
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\32\ 41 C.F.R. ch. 301 App. B.
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59. The estimated amount of additional incidental expenses
is $118.00.
60. Accordingly, the estimated excess per diem is $178.00.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Codel Skelton to Hawaii, Guam, Iwo Jima, Korea, and Okinawa
(February 18 to February 21, 2009)
----------------------------------------------------------------------------------------------------------------
Meals & Feb 18 Feb 19 Feb 20 Feb 21
Incidentals
----------------------------------------------------------------------------------------------------------------
Breakfast Hosted Billed $19 Billed
----------------------------------------------------------------------------------------------------------------
Lunch Billed Hosted Billed $31
----------------------------------------------------------------------------------------------------------------
Dinner Hosted Hosted Billed $20
----------------------------------------------------------------------------------------------------------------
Incidentals $24 $24 $25 $25
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M&IE Received $365.00
----------------------------------------------------------------------------------------------------------------
Billed $68.96
----------------------------------------------------------------------------------------------------------------
Estimated for M&IE $118.00
----------------------------------------------------------------------------------------------------------------
Remaining $178.04
----------------------------------------------------------------------------------------------------------------
61. Representative Wilson told the OCE that he did not
return any per diem for this CODEL.\33\
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\33\ Wilson MOI (Exhibit 6 at 10-0754--023).
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62. There is substantial reason to believe that
Representative Wilson had excess per diem for CODEL Skelton
that he did not return to the U.S. Treasury.
2. CODEL TSONGAS
63. During CODEL Tsongas to Iraq, Kuwait, Afghanistan,
Pakistan, and Bahrain, Representative Wilson received per diem
for meals and incidental expenses in the amount of $518.00.\34\
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\34\ See Itinerary for CODEL Tsongas (April 4 to April 11, 2009)
(Exhibit 11 at 10-0754--081-085); monthly per diem rates established by
the Office of Allowances, United States Department of State
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64. According to the CODEL itinerary, at least five meals
appear to have been provided at no cost to the Representatives
who attended the CODEL.\35\
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\35\ Itinerary for CODEL Tsongas (April 4 to April 11, 2009)
(Exhibit 11 at 10-0754--081-085).
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65. Representative Wilson's meal and incidental expenses
that were are estimated on the Federal Travel Regulations
allocation formula.\36\
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\36\ 41 C.F.R. ch. 301 App. B.
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66. The estimated amount of meals and incidental expenses
is $392.00.
67. Accordingly, the estimated excess per diem is $126.00.
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Codel Tsongas to Iraq, Kuwait, Afghanistan, Pakistan, and Bahrain
(April 4 to April 11, 2009)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Meals & Apr 5 Apr 6 Apr 7 Apr 8 Apr 9 Apr 10 Apr 11
Incidentals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breakfast $16 $0.00 $16 $21 $4 Hosted $0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lunch $27 $0.00 $27 $34 Hosted Hosted ---
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner $44 $0.00 $44 $55 Hosted Hosted ---
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidentals $22 $0.00 $22 $27 $6 $27 $0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
M&IE Received $518.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated M&IE $392.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Excess Per Diem $126.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
68. Representative Wilson told the OCE that he did not
return any per diem for this CODEL.\37\
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\37\ Wilson MOI (Exhibit 6 at 10-0754--023).
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69. There is substantial reason to believe that
Representative Wilson had excess per diem for CODEL Tsongas
that he did not return to the U.S. Treasury.
3. CODEL MURPHY
70. During CODEL Murphy to Turkey, Afghanistan, Kuwait,
Iraq, Qatar, and Germany, Representative Wilson received per
diem for meals and incidental expenses in the amount of
$525.00.\38\
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\38\ See Itinerary for CODEL Murphy (August 4 to August 10, 2009)
(Exhibit 12 at 10-0754--087-093); monthly per diem rates established by
the Office of Allowances, United States Department of State
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71. According to the CODEL itinerary, at least seven meals
appear to have been provided at no cost to the Representatives
who attended the CODEL.\39\
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\39\ Itinerary for CODEL Murphy (August 4 to August 10, 2009)
(Exhibit 12 at 10-0754--087-093).
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72. Representative Wilson's meal and incidental expenses
that were incurred are estimated on the Federal Travel
Regulations allocation formula. \40\
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\40\ 41 C.F.R. ch. 301 App. B.
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73. The estimated amount of meals and incidental expenses
is $401.00.
74. Accordingly, the estimated excess per diem is $124.00.
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Codel Murphy to Turkey, Afghanistan, Kuwait, Iraq, Qatar, and Germany
(August 4 to August 10, 2009)
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Meals & Incidentals Aug 4 Aug 5 Aug 6 Aug 7 Aug 8 Aug 9 Aug 10
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Breakfast $18 $4 $17 Hosted $2 $21 $0.00
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Lunch Hosted Hosted Hosted Hosted $3 $36 ---
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Dinner $49 Hosted $45 $44 Hosted $57 ---
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Incidentals $24 $5 $23 $22 $2 $29 $0.00
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M&IE Received $525.00
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Estimated M&IE $401.00
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Estimated Excess Per Diem $124.00
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75. Representative Wilson told the OCE that he did not
return any per diem for this CODEL.\41\
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\41\ Wilson MOI (Exhibit 6 at 10-0754--023).
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76. There is substantial reason to believe that
Representative Wilson had excess per diem for CODEL Murphy that
he did not return to the U.S. Treasury.
III. CONCLUSION
77. Pursuant to House Rule 10, clause 8, House Members
imposed on themselves a restriction on the use of per diem for
foreign travel. Specifically, House Members and staff may
receive reimbursement for expenses that is the lesser of: (1)
the applicable per diem; or (2) actual expenses.
78. Pursuant to House Rule 23, clause 2, House Members must
adhere to the spirit and the letter of the rules. Accordingly,
House Rule 10, clause 8, requires the return to the U.S.
Treasury of any per diem that a Member receives that is in
excess of the Member's actual expenses.
79. Pursuant to House Rule 23, clause 1, House Members must
conduct themselves at all times in a manner that shall reflect
credibility on the House. Representative Wilson's public
statements indicate that he may have retained excess per diem.
As a result, if there is a violation, it implicates House Rule
23, clause 1 because it may be considered flagrant.\42\
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\42\ House Ethics Manual (2008) at 13.
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80. Based on the information available to the OCE during
this Review, Representative Wilson's meals and incidental
expenses were less than the per diem he received to cover these
expenses during the following CODELs: CODEL Skelton; CODEL
Tsongas; and CODEL Murphy.
81. Based on the information available to the OCE during
this Review, Representative Wilson did not return any excess
per diem for meal and incidental expenses. Therefore, there is
substantial reason to believe that he may have violated House
Rule 10, clause 8; House Rule 23, clauses 1 and 2.
82. For these reasons, the Board recommends that the
Committee on Standards of Official Conduct further Review the
above described allegations concerning Representative Wilson.
IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN
83. The OCE requested information from the U.S. Department
of State concerning letters of authorization for certain CODELs
and records of Representative Wilson returning excess per diem.
The U.S. Department of State was cooperative with retrieving
the information but was unable to acquire proper authorization
to release the documents to the OCE before the end of this
Review.
84. The OCE requested information from the U.S. Air Force
Congressional Liaison Office concerning meal and other expenses
incurred on behalf of Representative Wilson and reimbursed by
Representative Wilson. The U.S. Air Force Congressional Liaison
Office was cooperative with discussing the information with OCE
staff but was unable to acquire proper authorization to release
the documents to the OCE before the end of this Review.