[House Prints, 111th Congress]
[From the U.S. Government Publishing Office]




  111th Congress }                                          { Review No.
    1st Session  }    HOUSE OF REPRESENTATIVES              {  10-6294
________________________________________________________________________

 

                   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  









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. 10-6294

    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 G. K. Butterfield
    NATURE OF THE ALLEGED VIOLATION: In 2009, Representative G. 
K. Butterfield participated in a Congressional Delegation to 
Lithuania. During the trip, he received a travel per diem for 
meals and incidental expenses with an approximate value of 
$800.00. Public statements attributed to Representative 
Butterfield indicated that he may have retained excess per 
diem. In addition, these public statements indicate that he may 
have retained excess per diems on other trips.
    If Representative Butterfield's actual meal and incidental 
expenses during a CODEL 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, 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 
    BUTTERFIELD 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 Butterfield Made Public Statements 
            Indicating That He May Have Retained Excess Per Diem.     7
      C. Representative Butterfield'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.............     8
        D. Estimates of Representative Butterfield'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....................     8
        E. Representative Butterfield Did Not Return Any Excess 
            Per Diem for Meals and Incidental Expenses...........     9
          1. CODEL Hastings (2008)...............................    10
          2. CODEL Hastings to Belgium...........................    11
          3. CODEL Cardin........................................    12
          4. CODEL Rush..........................................    14
III. CONCLUSION..................................................... 16

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN........................ 17
                 FINDINGS OF FACT AND CITATIONS TO LAW

                           Review No. 10-6294

    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 10-6294_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 (``CSCE Office Manager MOI'') 
(Exhibit 2 at 10-5477_006); Memorandum of Interview of House Committee 
on Foreign Affairs Travel Coordinator (Exhibit 3 at 10-5477_009); and 
Memorandum of Interview of House Armed Services Committee Travel 
Coordinator (Exhibit 4 at 10-5477_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 Butterfield acknowledged publically 
before the commencement of the OCE's Review that he did not 
return excess per diem. \4\ During the Review, he acknowledged 
that he used per diem for expenses other than meals and 
incidentals, indicating 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 10-6294_017).
    \5\ Memorandum of Interview of Representative G.K. Butterfield, 
June 24, 2010 (``Butterfield MOI'') (Exhibit 6 at 10-6294_022).
---------------------------------------------------------------------------

                       A. SUMMARY OF ALLEGATIONS

    5. Based on the information before the Office of 
Congressional Ethics (``OCE''), there is substantial reason to 
believe that Representative G.K. Butterfield may have violated 
House Rule 10, clause 8; 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 Butterfield, a Member of the United 
States House of Representatives from the 1st District of North 
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. Therefore, 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 Butterfield 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 Butterfield to Chairman David Skaggs 
and Co-Chairman Porter J. Goss, dated July 19, 2010. (Exhibit 7 at 10-
6294_026).
---------------------------------------------------------------------------
    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 Butterfield;
          (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 
    BUTTERFIELD 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 of the 110th Congress, as amended, Section 
1(c)(1)(A).
---------------------------------------------------------------------------

           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 10-6294_030).
---------------------------------------------------------------------------
    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 BUTTERFIELD MADE PUBLIC STATEMENTS INDICATING THAT HE 
                   MAY HAVE RETAINED EXCESS PER DIEM

    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 10-6294_017).
---------------------------------------------------------------------------
    30. Representative Butterfield's statements in the article 
indicate that he may have retained excess per diem that he 
received during the CODELs.
    31. According to the article: ``Mr. Butterfield said that 
he didn't recall if he had any leftover funds, and that he 
sometimes kept the extra cash.'' ``I won't deny that sometimes 
I have a little left, but it's not much--maybe 80, 90, or 100 
dollars,' said Rep. G.K. Butterfield (D., N.C.)'' \18\
---------------------------------------------------------------------------
    \18\ Id.
---------------------------------------------------------------------------
    32. Representative Butterfield told the OCE that these 
quotes are not completely accurate. He explained that it is 
accurate that he does not know if he had any ``significant'' 
leftover funds. However, he does not recall characterizing such 
funds as ``80, 90, or 100 dollars.'' \19\
---------------------------------------------------------------------------
    \19\ Butterfield MOI (Exhibit 6 at 10-6294_023)
---------------------------------------------------------------------------

C. REPRESENTATIVE BUTTERFIELD'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 Butterfield used per diem for expenses 
other than his personal lodging, meals, and incidentals.
    34. He told the OCE that during CODELs, he has typically 
attended dinners with Congressional staff, where he and other 
Members paid for the costs of staff dinners. \20\
---------------------------------------------------------------------------
    \20\ Id. at 10-6294_022.
---------------------------------------------------------------------------
    35. He recalls an instance where the bill for a meal was 
``shockingly'' expensive and he suggested that Members cover 
the costs for staff. \21\
---------------------------------------------------------------------------
    \21\ Id.
---------------------------------------------------------------------------
    36. He had also purchased gifts and souvenirs with the per 
diem. He purchased such souvenirs for himself, family, and 
occasionally staff. \22\
---------------------------------------------------------------------------
    \22\ Id.
---------------------------------------------------------------------------
    37. Representative Butterfield'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.
    38. As a result, there is substantial reason to believe 
that Representative Butterfield had excess per diem after 
certain CODELs.

   D. ESTIMATES OF REPRESENTATIVE BUTTERFIELD'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

    39. Representative Butterfield told the OCE that he did not 
keep a complete record of expenses that he incurred on CODELs 
that he attended during the time period from March 2008 to May 
2010. \23\
---------------------------------------------------------------------------
    \23\ Id. at 10-6294_023.
---------------------------------------------------------------------------
    40. Based on the information before the OCE, the exact 
amount of his meal and incidental expenses for each CODEL is 
unknown.
    41. Consequently, the OCE used an estimate of expenses to 
determine whether it appeared that Representative Butterfield 
retained excess per diem that was more than a de minimis 
amount.
    42. 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.
    43. If an estimate is not used, a House Member or staff 
could impede the enforcement of Rule 10, clause 8, by simply 
not maintaining any records of his or her actual expenses.
    44. Representative Butterfield's description of his typical 
meal and incidental expenses provided the basis for estimating 
his expenses.
    45. Representative Butterfield's meals during CODELs falls 
into the following three categories:
          (a) meals that were provided to him at no charge. 
        These meals include working lunches, and official 
        dinners that were hosted as part of the official events 
        of the CODELs. \24\ Representative Butterfield stated 
        that most meals fall under this category;
---------------------------------------------------------------------------
    \24\ Id. at 10-6294_022.
---------------------------------------------------------------------------
          (b) meals that were paid for by military personnel 
        escorting the CODEL Representative Butterfield later 
        reimbursed. These are the meals where multiples Members 
        of Congress and staff attend and the military escort 
        (e.g., U.S. Air Force official) paid for the dinner on 
        behalf of all participants and then sent an invoice to 
        each person for their portion of the bill. 
        Occasionally, he will reimburse the escort with per 
        diem while on the return flight to the U.S.; \25\ and
---------------------------------------------------------------------------
    \25\ Id.
---------------------------------------------------------------------------
          (c) meals that Representative Butterfield directly 
        paid for himself. He explained that such meals usually 
        occurred as evening meals. \26\
---------------------------------------------------------------------------
    \26\ Id.
---------------------------------------------------------------------------
    46. With respect to incidental expenses, Representative 
Butterfield used per diem for taxis, however, most ground 
transportation was provided to him at no cost. He also used the 
per diem for laundry and other miscellaneous items that he 
cannot recall. \27\
---------------------------------------------------------------------------
    \27\ Id. at 10-6294_021.
---------------------------------------------------------------------------
    47. As a result, the invoice received from the military 
escorts for each CODEL, along with the itinerary of meals that 
were provided at no charge to Representative Butterfield, 
provided an estimate of his meal expenses other than occasional 
evening meals that he purchased directly himself.

 E. REPRESENTATIVE BUTTERFIELD DID NOT RETURN ANY EXCESS PER DIEM FOR 
                     MEALS AND INCIDENTAL EXPENSES

    48. Representative Butterfield did not return any unused 
per diem for meal and incidental expenses as he does not know 
if he had any excess per diem after any CODEL. He does not 
acknowledge that he had any significant amount of excess per 
diem after any CODEL. He cannot quantify if such amount were 
between ``$10 to $500''. \28\
---------------------------------------------------------------------------
    \28\ Id. at 10-6294_023.
---------------------------------------------------------------------------
    49. Procedures were in place at the time of Representative 
Butterfield's travel for him to return any excess per diem.
    50. All of the relevant CODELs that Representative 
Butterfield attended were organized by the Commission on 
Security and Cooperation in Europe (``CSCE''), except CODEL 
Rush.
    51. The Office Manager of the CSCE 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. He told the OCE that he has received excess per diem 
from Representatives and staff for various CODELs, which was 
returned to him by checks made payable to the U.S. Treasury. 
\29\
---------------------------------------------------------------------------
    \29\ CSCE Office Manager MOI (Exhibit 2 at 10-6294_005).
---------------------------------------------------------------------------
    52. 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. \30\
---------------------------------------------------------------------------
    \30\ Id. at 10-6294_006.
---------------------------------------------------------------------------
    53. There is substantial reason substantial reason to 
believe that Representative Butterfield 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.
    54. Although, the available evidence does not establish the 
exact amount of actual expenses for Representative 
Butterfield's CODELs, after estimating meal and incidental 
expenses, there is substantial reason to believe that 
Representative Butterfield retained excess per diem from the 
following CODELs:


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

---------------------------------------------------------------------------------------------------------------
                                      Summary of Estimated Excess Per Diem
----------------------------------------------------------------------------------------------------------------
CODEL                                             DATE               M&IE          Estimated          Estimated
                                                            Per Diem \31\      Expenses \32\         Excess Per
                                                                                                           Diem
----------------------------------------------------------------------------------------------------------------
CODEL Hastings to the United                June 28 to          $1,108.00           $649.00           $459.00
Kingdom, Kazakhstan, Pakistan, and        July 3, 2008
Italy
----------------------------------------------------------------------------------------------------------------
CODEL Hastings to Belgium                  April 15 to            $479.00           $314.00           $165.00
                                        April 17, 2009
----------------------------------------------------------------------------------------------------------------
CODEL Cardin to Lithuania                   June 28 to            $800.00           $320.00           $480.00
                                          July 3, 2009
----------------------------------------------------------------------------------------------------------------
CODEL Rush Liberia, Ghana, South          August 15 to          $1,050.00           $645.00           $405.00
Africa, and Morocco                    August 24, 2009
----------------------------------------------------------------------------------------------------------------
Total                                                           $3,539.00         $1,928.00         $1,509.00
----------------------------------------------------------------------------------------------------------------

      
---------------------------------------------------------------------------
    \31\ 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.
    \32\ 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 HASTINGS (2008)

    55. During CODEL Hastings to the United Kingdom, 
Kazakhstan, Pakistan, and Italy, Representative Butterfield 
received an enhanced per diem of $1,108.00. \33\
---------------------------------------------------------------------------
    \33\ See Letter from the Speaker of the House to the Secretary of 
State dated March 5, 2008 (Exhibit 9 at 10-6294_051); Itinerary for 
CODEL Hastings (June 28 to July 3, 2008) (Exhibit 10 at 10-6294_053-
061); and monthly per diem rates established by the Office of 
Allowances, United States Department of State  (last accessed July 29, 2010).
---------------------------------------------------------------------------
    56. According to the CODEL itinerary, at least eight meals 
appear to have been provided at no cost to Representatives who 
attended the CODEL. \34\
---------------------------------------------------------------------------
    \34\ Itinerary for CODEL Hastings (June 28 to July 3, 2008) 
(Exhibit 10 at 10-6294_053-061).
---------------------------------------------------------------------------
    57. Representative Butterfield' meal and incidental 
expenses are estimated on the Federal Travel Regulations 
allocation formula. \35\
---------------------------------------------------------------------------
    \35\ 41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    58. The estimated amount of meals and incidental expenses 
is $649.00.
    59. Accordingly, the estimated excess per diem is $459.00.


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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Codel Hastings to the United Kingdom, Kazakhstan, Pakistan, and Italy
                                                                (June 28 to July 3, 2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Meals &                                                             Jun 27       Jun 28       Jun 29       Jun 30        Jul 1        Jul 2        Jul 3
Incidentals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breakfast                                                             $35         $24       Hosted       Hosted       Hosted         $19        $0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lunch                                                                 $58         $39         $39       Hosted       Hosted         $32          ---
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner                                                                $92         $63       Hosted       Hosted       Hosted         $52          ---
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidentals                                                           $46         $31         $31         $31         $31         $26        $0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
M&IE Received                                                                                                                                   $1108.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated for Additional M&IE                                                                                                                   $649.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Excess Per Diem                                                                                                                       $459.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    60. There is substantial reason to believe that 
Representative Butterfield had excess per diem for CODEL 
Hastings that he did not return to the U.S. Treasury.

                      2. CODEL HASTINGS TO BELGIUM

    61. During CODEL Hastings to Belgium, Representative 
Butterfield received a per diem of $479.00. \36\
---------------------------------------------------------------------------
    \36\ See Itinerary for CODEL Hastings (April 15 to April 17, 2009) 
(Exhibit 11 at 10-6294_063-065); monthly per diem rates established by 
the Office of Allowances, United States Department of State .
---------------------------------------------------------------------------
    62. According to the CODEL itinerary, at least three meals 
appear to have been provided at no cost to Representatives who 
attended the CODEL. \37\
---------------------------------------------------------------------------
    \37\ Itinerary for CODEL Hastings (April 15 to April 17, 2009) 
(Exhibit 11 at 10-6294_063-065).
---------------------------------------------------------------------------
    63. Representative Butterfield's meal and incidental 
expenses that are estimated on the Federal Travel Regulations 
allocation formula. \38\
---------------------------------------------------------------------------
    \38\ 41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    64. The estimated amount of meals and incidental expenses 
is $314.00.
    65.  Accordingly, the estimated excess per diem is $165.00.


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

----------------------------------------------------------------------------------------------------------------
                                           Codel Hastings to Belgium
                                          (April 15 to April 17, 2009)
----------------------------------------------------------------------------------------------------------------
Meals &                                         Apr 15             Apr 16             Apr 17             Apr 18
Incidentals
----------------------------------------------------------------------------------------------------------------
Breakfast                                         $23               $23               $25              $0.00
----------------------------------------------------------------------------------------------------------------
Lunch                                             $39             Hosted               $42                ---
----------------------------------------------------------------------------------------------------------------
Dinner                                          Hosted             Hosted               $67                ---
----------------------------------------------------------------------------------------------------------------
Incidentals                                       $31               $31               $33              $0.00
----------------------------------------------------------------------------------------------------------------
M&IE Received                                                                                           $479.00
----------------------------------------------------------------------------------------------------------------
Estimated for Additional M&IE                                                                          $314.00
----------------------------------------------------------------------------------------------------------------
Estimated Excess Per Diem                                                                              $165.00
----------------------------------------------------------------------------------------------------------------

    66. There is substantial reason to believe that 
Representative Butterfield had excess per diem for CODEL 
Hastings that he did not return to the U.S. Treasury.

                            3. CODEL CARDIN

    67. During CODEL Cardin to Bosnia, Lithuania, and Belarus, 
Representative Butterfield only traveled to Lithuania. He 
received an enhanced per diem for meals and incidental expenses 
in the amount of $800.00. \39\
---------------------------------------------------------------------------
    \39\ See Letter from the Speaker of the House to the Secretary of 
State dated June 19, 2009 (Exhibit 12 at 10-6294_067); Itinerary for 
CODEL Cardin (June 28 to July 3, 2009) (Exhibit 13 at 10-6294_070-080); 
monthly per diem rates established by the Office of Allowances, United 
States Department of State .
---------------------------------------------------------------------------
    68. According to the itinerary for CODEL Cardin, at least 
fourteen meals appear to have been provided at no cost to 
Representatives who participated during the five days in 
Lithuania. \40\
---------------------------------------------------------------------------
    \40\ Itinerary for CODEL Cardin (June 28 to July 3, 2009) (Exhibit 
13 at 10-6294_070-080).
---------------------------------------------------------------------------
    69. Following the CODEL, Representative Butterfield owed 
the military escort $64.69 for meals and other expenses that 
were incurred on behalf of Representative Butterfield. \41\ An 
invoice was sent to Representative Butterfield, dated July 15, 
2009.
---------------------------------------------------------------------------
    \41\ Letter from Captain John B. Nowell Jr. to Representative 
Butterfield, dated July 15, 2009 (Exhibit 14 at 10-6294 082).




    70. The amount per diem remaining after the billed meal 
expenses is $735.31.
    71. Representative Butterfield may have incurred meal and 
incidental expenses in addition to those owed to the military 
escort. These additional expenses are estimated on the Federal 
Travel Regulations allocation formula. \42\
---------------------------------------------------------------------------
    \42\ 41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    72. The estimated amount of meals and incidental expenses 
is $256.00.
    73. Accordingly, the estimated excess per diem is $480.00.


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

----------------------------------------------------------------------------------------------------------------
                                            Codel Hastings to Belgium
                                            (June 28 to July 3, 2009)
----------------------------------------------------------------------------------------------------------------
Meals &                                  Jun 28       Jun 29       Jun 30        Jul 1        Jul 2        Jul 3
Incidentals
----------------------------------------------------------------------------------------------------------------
Breakfast                                Hosted       Hosted       Hosted       Hosted       Hosted       Hosted
----------------------------------------------------------------------------------------------------------------
Lunch                                    Hosted       Hosted       Hosted       Hosted       Hosted       Billed
----------------------------------------------------------------------------------------------------------------
Dinner                                     $64       Hosted       Hosted       Billed       Hosted       Billed
----------------------------------------------------------------------------------------------------------------
Incidentals                                $32         $32         $32         $32         $32         $32
----------------------------------------------------------------------------------------------------------------
M&IE Received                                                                                            $800.00
----------------------------------------------------------------------------------------------------------------
Billed                                                                                                    $64.49
----------------------------------------------------------------------------------------------------------------
Estimated M&IE                                                                                          $256.00
----------------------------------------------------------------------------------------------------------------
Estimated Excess Per Diem                                                                               $480.00
----------------------------------------------------------------------------------------------------------------

    74. There is substantial reason to believe that 
Representative Butterfield had excess per diem for CODEL Cardin 
that he did not return to the U.S. Treasury.

                             4. CODEL RUSH

    75. During CODEL Rush to Liberia, Ghana, South Africa, and 
Morocco, Representative Butterfield received per diem for meals 
and incidental expenses the amount of $1,050.00. \43\
---------------------------------------------------------------------------
    \43\ See Itinerary for CODEL Rush (August 25 to August 24, 2009) 
(Exhibit 15 at 10-6294_084-094); monthly per diem rates established by 
the Office of Allowances, United States Department of State .
---------------------------------------------------------------------------
    76. Representative Butterfield's daughter 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 child.
    77. According to a partial itinerary for CODEL Rush, at 
least fifteen meals appear to have been provided at no cost to 
Representatives who attended the ten-day trip. \44\
---------------------------------------------------------------------------
    \44\ Itinerary for CODEL Rush (August 25 to August 24, 2009) 
(Exhibit 15 at 10-6294_084-093).
---------------------------------------------------------------------------
    78. Following the CODEL, Representative Butterfield owed 
the military escort $732.92 meal and other expenses that were 
incurred on behalf of Representative Butterfield and his 
daughter. \45\
---------------------------------------------------------------------------
    \45\ Letter from Maj. Trevor L. Williams to Representative 
Butterfield, dated August 26, 2009 (Exhibit 16 at 10-6294_096).




    79. Representative Butterfield paid the $732.92, but did 
not use per diem to pay for the amount for his daughter. His 
expenses for which he allocated per diem were $208.57. \46\
---------------------------------------------------------------------------
    \46\ Butterfield MOI (Exhibit 6 at 10-6294_023).
---------------------------------------------------------------------------
    80. The M&IE per diem remaining after the billed meal 
expenses is $841.43.
    81. Representative Butterfield may have incurred meal and 
incidental expenses in addition to those owed to the military 
escort. These additional expenses are estimated on the Federal 
Travel Regulations allocation formula. \47\
---------------------------------------------------------------------------
    \47\ 41 C.F.R. ch. 301 App. B.
---------------------------------------------------------------------------
    82. The estimated amount of meals and incidental expenses 
is $436.00.
    83. Accordingly, the estimated excess per diem is $405.00.


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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Codel Rush to Liberia, Ghana, South Africa, and Morocco
                                                             (August 15 to August 24, 2009)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Meals &                   Aug 15       Aug 16       Aug 17       Aug 18       Aug 19       Aug 20       Aug 21       Aug 22       Aug 23            Aug
Incidentals                                                                                                                                          24
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breakfast                              Billed       Hosted       Hosted       Hosted       Hosted       Hosted       Hosted       Hosted         Hosted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lunch                                  Hosted       Hosted         $24       Billed       Billed       Hosted       Hosted       Billed         Billed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner                    Billed       Hosted         $39         $39         $53       Hosted         $49         $44       Hosted         Billed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidentals                              $18         $19         $19         $26         $24         $24         $22         $18           $18
--------------------------------------------------------------------------------------------------------------------------------------------------------
M&IE Received                                                                                                                                 $1,050.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Billed                                                                                                                                          $208.57
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated for M&IE                                                                                                                             $436.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Remaining                                                                                                                                      $405.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    84. As a result, there is substantial reason to believe 
that Representative Butterfield's per diem exceed his actual 
expenses for CODEL Rush that he did not return to the U.S. 
Treasury.

                            III. CONCLUSION

    85. 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.
    86. 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.
    87. 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 Butterfield'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. \48\
---------------------------------------------------------------------------
    \48\ Insert cite to House Ethics Manual.
---------------------------------------------------------------------------
    88. Based on the information available to the OCE during 
this Review, Representative Butterfield's meals and incidental 
expenses were less than the per diem he received to cover these 
expenses during the following CODELs: CODEL Hastings (2008); 
CODEL Hastings (2008); CODEL Cardin; and CODEL Rush.
    89. Based on the information available to the OCE during 
this Review, Representative Butterfield 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. \49\
---------------------------------------------------------------------------
    \49\ House Ethics Manual (2008) at 13.
---------------------------------------------------------------------------
    90. For these reasons, the Board recommends that the 
Committee on Standards of Official Conduct further Review the 
above described allegations concerning Representative 
Butterfield.

              IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

    91. The OCE requested information from the U.S. Department 
of State concerning letters of authorization for certain CODELs 
and records of Representative Butterfield 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.
    92. The OCE requested information from the U.S. Air Force 
Congressional Liaison Office concerning meal and other expenses 
incurred on behalf of Representative Butterfield and reimbursed 
by Representative Butterfield. 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.





