[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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                       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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \7\ Id. at Sec.  1(c)(2)(A)(ii) (2008).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \9\  H. Res. 895, 110th Cong., Section 1(c)(1)(A) (2008) (as 
amended).
---------------------------------------------------------------------------

           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\
---------------------------------------------------------------------------
    \10\  41 C.F.R. Sec. 300-3.1 (emphasis added).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \11\  Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \12\  Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \13\  Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \15\  41 C.F.R. ch. 301, App. B.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \16\  House Rule 10, clause 8.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \17\  Brody Mullins and T.W. Farnam, ``Lawmakers Keep the Change,'' 
Wall St. J., March 2, 2010 (Exhibit 5 at 10-0754--017).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \18\  Id.
---------------------------------------------------------------------------
    32. During an interview with the OCE, Representative Wilson 
confirmed that the article accurately described his 
statement.\19\
---------------------------------------------------------------------------
    \19\  Wilson MOI (Exhibit 6 at 10-0754--023).
---------------------------------------------------------------------------

  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\
---------------------------------------------------------------------------
    \20\  Id. at 10-0754--022.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \21\  Id. at 10-0754--022-023.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \22\  Wilson MOI (Exhibit 6 at 10-0754--022).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \23\  Id. at 10-0754--023.
---------------------------------------------------------------------------
    46. Therefore, he did not return any excess per diem for 
any CODEL.\24\
---------------------------------------------------------------------------
    \24\  Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \25\  HASC Travel Coordinator MOI (Exhibit 4 at 10-0754--013).
---------------------------------------------------------------------------
    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
----------------------------------------------------------------------------------------------------------------

      
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                            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\
---------------------------------------------------------------------------
    \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 
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \29\  Itinerary for CODEL Skelton (February 18 to February 21, 
2009) (Exhibit 9 at 10-0754--052-077).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \32\  41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    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
----------------------------------------------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
    \33\  Wilson MOI (Exhibit 6 at 10-0754--023).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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 
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \35\  Itinerary for CODEL Tsongas (April 4 to April 11, 2009) 
(Exhibit 11 at 10-0754--081-085).
---------------------------------------------------------------------------
    65. Representative Wilson's meal and incidental expenses 
that were are estimated on the Federal Travel Regulations 
allocation formula.\36\
---------------------------------------------------------------------------
    \36\  41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    66. The estimated amount of meals and incidental expenses 
is $392.00.
    67. Accordingly, the estimated excess per diem is $126.00.


--------------------------------------------------------------------------------------------------------------------------------------------------------

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                                            Codel Tsongas to Iraq, Kuwait, Afghanistan, Pakistan, and Bahrain
                                                               (April 4 to April 11, 2009)
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Meals &                                                              Apr 5        Apr 6        Apr 7        Apr 8        Apr 9       Apr 10       Apr 11
Incidentals
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Breakfast                                                             $16        $0.00         $16         $21          $4       Hosted        $0.00
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Lunch                                                                 $27        $0.00         $27         $34       Hosted       Hosted          ---
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Dinner                                                                $44        $0.00         $44         $55       Hosted       Hosted          ---
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Incidentals                                                           $22        $0.00         $22         $27          $6         $27        $0.00
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M&IE Received                                                                                                                                    $518.00
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Estimated M&IE                                                                                                                                  $392.00
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Estimated Excess Per Diem                                                                                                                       $126.00
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    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.




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