[House Report 113-487]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-487
_______________________________________________________________________

                                     

                                                 House Calendar No. 114

 
                      IN THE MATTER OF ALLEGATIONS 
                              RELATING TO 
                        REPRESENTATIVE DON YOUNG

                               ----------                              

                               R E P O R T

                                 of the

                          COMMITTEE ON ETHICS




   June 20, 2014.--Referred to the House Calendar and ordered to be 
                                printed
   IN THE MATTER OF ALLEGATIONS RELATING TO REPRESENTATIVE DON YOUNG


113th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                113-487
_______________________________________________________________________

                                     

                                                 House Calendar No. 114


                      IN THE MATTER OF ALLEGATIONS

                              RELATING TO

                        REPRESENTATIVE DON YOUNG

                               __________

                               R E P O R T

                                 of the

                          COMMITTEE ON ETHICS




   June 20, 2014.--Referred to the House Calendar and ordered to be 
                                printed


                          COMMITTEE ON ETHICS

K. MICHAEL CONAWAY, Texas            LINDA T. SANCHEZ, California
  Chairman                             Ranking Member
CHARLES W. DENT, Pennsylvania        PEDRO R. PIERLUISI, Puerto Rico
PATRICK MEEHAN, Pennsylvania         MICHAEL E. CAPUANO, Massachusetts
TREY GOWDY, South Carolina           YVETTE D. CLARKE, New York
SUSAN W. BROOKS, Indiana             TED DEUTCH, Florida

                              REPORT STAFF

            Thomas A. Rust, Staff Director and Chief Counsel
             Deborah Sue Mayer, Director of Investigations
               Jackie M. Barber, Counsel to the Chairman
            Daniel J. Taylor, Counsel to the Ranking Member

                       Sheria A. Clarke, Counsel
                      Christopher R. Tate, Counsel
                     Miguel Toruno, Senior Counsel
                  C. Tucker Carr, Investigative Clerk
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                                       Committee on Ethics,
                                     Washington, DC, June 20, 2014.
Hon. Karen L. Haas,
Clerk, U.S. House of Representatives,
Washington, DC.
    Dear Ms. Haas: Pursuant to clauses 3(a)(2) and 3(b) of rule 
XI of the Rules of the House of Representatives, we herewith 
transmit the attached Report, ``In the Matter of Allegations 
Related to Representative Don Young.''
            Sincerely,
                                   K. Michael Conaway,
                                           Chairman.
                                   Linda T. Sanchez,
                                           Ranking Member.


                            C O N T E N T S

                              ----------                              
                                                                   Page
 I. INTRODUCTION......................................................1
II. PROCEDURAL BACKGROUND.............................................2
III.FINDINGS AND CONCLUSIONS..........................................3

IV. STATEMENT UNDER RULE XIII, CLAUSE 3(c) OF THE RULES OF THE HOUSE OF 
    REPRESENTATIVES...................................................5
APPENDIX A: CHART OF IMPERMISSIBLE GIFTS.........................     7
APPENDIX B: LETTER OF REPROVAL...................................     9
APPENDIX C: THE INVESTIGATIVE SUBCOMMITTEE'S REPORT..............    13
APPENDIX D: REPRESENTATIVE YOUNG'S LETTER TO THE COMMITTEE ON 
  ETHICS.........................................................   380


                                                 House Calendar No. 114
113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-487

======================================================================




   IN THE MATTER OF ALLEGATIONS RELATING TO REPRESENTATIVE DON YOUNG

                                _______
                                

   June 20, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Conaway, from the Committee on Ethics, 
                        submitted the following

                              R E P O R T

    In accordance with House Rule XI, clauses 3(a)(2) and 3(b), 
the Committee on Ethics (Committee) hereby submits the 
following Report to the House of Representatives:

                            I. INTRODUCTION 

    On June 18, 2014, the Committee considered the Report of 
the Investigative Subcommittee (ISC) in this matter, which the 
ISC adopted on Tuesday, April 29, 2014. This Report 
memorializes the Committee's conclusions based on the ISC 
Report.
    The Committee agrees with the findings and conclusions the 
ISC reached following its thorough fourteen-month 
investigation. Specifically, the Committee finds that, with 
respect to fifteen of the twenty-five trips reviewed by the ISC 
and certain non-trip related gifts, Representative Young 
violated House Rules and other laws, rules, and standards of 
conduct by improperly using campaign funds for personal 
purposes and by improperly accepting impermissible gifts. 
Representative Young also violated House Rules and other laws, 
rules, and standards of conduct by failing to report certain 
gifts on his Financial Disclosure Statements. The Committee 
finds that Representative Young should repay the value of those 
improper trips and gifts--$59,063.74--to his campaign and to 
the donors of the gifts, respectively, and that Representative 
Young should amend his Financial Disclosure Statements to 
properly report the gifts he failed to disclose.\1\ The 
Committee also finds that Representative Young should be 
reproved for his conduct with respect to his improper personal 
use of campaign funds, his acceptance of improper gifts, and 
his failure to report certain gifts on his Financial Disclosure 
Statements.
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    \1\The Committee notes that, prior to the issuance of this Report, 
Representative Young provided the Committee copies of executed checks 
he issued to reimburse his campaign and to reimburse the donors of the 
impermissible gifts. A chart of the impermissible gifts and amounts 
Representative Young was directed to repay is included with this Report 
as Appendix A.
---------------------------------------------------------------------------
    As to the ten remaining trips reviewed by the ISC, the 
Committee finds that based on the evidence, Representative 
Young's acceptance of all of the expenses related to those 
trips was permissible. The Committee also finds that 
Representative Young's acceptance of the remaining non-trip 
related gifts was permissible. Finally, the Committee finds 
that there was no basis for finding that Representative Young 
provided false statements to federal officials.
    Accordingly, the Committee hereby adopts the ISC's Report 
and has issued a letter of reproval to Representative Young, 
both of which we have transmitted as appendices hereto.

                       II. PROCEDURAL BACKGROUND 

    On April 23, 2010, Representative Young requested the 
Committee review certain gifts he had received that the United 
States of Department of Justice (DOJ) was reviewing. 
Subsequently, on August 17, 2010, DOJ submitted a letter to the 
Committee indicating that it had conducted an investigation 
regarding the gifts that were the subject of Representative 
Young's request, as well as other gifts, and was referring the 
matter to the Committee. After approximately two years of 
delays caused in part by this Committee, as well as by disputes 
with both Representative Young and DOJ regarding discovery of 
information in their possession, the Committee chose to move 
forward with its own investigation pursuant to Committee Rule 
18(a).
    Based on the results of the Committee's 18(a) 
investigation, it voted unanimously on February 26, 2013, to 
impanel an ISC. The ISC's jurisdiction included the authority 
to review the matters referred to the Committee by both 
Representative Young and DOJ that included 22 trips that 
Representative Young, his family, and his staff took to hunting 
lodges between 2003 and 2007, as well as several non-trip 
gifts. During the course of its investigation, the ISC 
discovered three additional similar trips, including trips 
taken as early as 2001 as late as 2013.
    The ISC met on nine occasions and interviewed 16 witnesses, 
including Representative Young's former chief of staff, former 
campaign manager, and other relevant staffers, as well as third 
parties present during the trips. The ISC issued 20 subpoenas 
and reviewed over 220,000 pages of documents which included the 
over 150,000 pages provided to the Committee by Representative 
Young and DOJ.
    On April 29, 2014, the ISC voted to issue its Report, 
finding that Representative Young had violated House Rules and 
other laws, rules, and standards of conduct with respect to his 
use of campaign funds for personal purposes, his acceptance of 
improper gifts, and his failure to report certain gifts on his 
Financial Disclosure Statements. The ISC did not believe that a 
sanction requiring the action of the House of Representatives 
was warranted in this case. However, the ISC did recommend that 
the Committee issue a letter of reproval to Representative 
Young, and that Representative Young be required to repay the 
cost of certain trips and gifts that the ISC found were 
impermissible under House Rules.\2\ The ISC also recommended 
that Representative Young be directed to amend his Financial 
Disclosure Statements to include any gifts that should have 
been reported at the time he accepted them, including the 
improper gifts.
---------------------------------------------------------------------------
    \2\The provision of the House Rules that pertains to the acceptance 
of gifts is House Rule XXV, clause 5 (hereinafter ``the House Gift 
Rule''). This rule was previously codified as House Rule XXVI, clause 
5, until the 110th Congress.
---------------------------------------------------------------------------
    Pursuant to House Rule XI, clause 3(a)(2), which provides 
that the Committee may report to the House its findings and 
conclusions for final disposition of investigative matters 
after ``notice and hearing,'' the Committee provided 
Representative Young with a copy of the ISC Report on May 8, 
2014, and offered him the opportunity to be heard. On June 2, 
2014, Representative Young exercised his right to be heard by 
providing a written statement to the Committee accepting the 
ISC's findings and submitting copies of checks he executed as 
repayment to his campaign and to the donors of the improper 
gifts.

                     III. FINDINGS AND CONCLUSIONS 

    On June 18, 2014, the Committee voted unanimously to 
release this public Report finding that Representative Young 
violated House Rules and other laws, rules and standards of 
conduct governing the use of campaign funds for personal 
purposes, the acceptance of gifts, and Financial Disclosure 
reporting requirements. Specifically, between 2001 and 2013, 
Representative Young accepted gifts and expenses related to 
fifteen of the twenty-five hunting trips reviewed by the ISC 
that were not permissible under the applicable House Gift Rule 
at the time, as well as non-trip gifts. For seven of these 
fifteen trips, only some of the expenses (such as air travel 
provided by personal friends but not previously approved by the 
Committee as required by House Rule XXV, or meal expenses paid 
for by a trade association) were improper, with the remaining 
expenses for those trips covered by one exception to the House 
Gift Rule or another. For the remaining eight trips, all 
expenses associated with the travel were either improper gifts 
or improper personal use of campaign funds. Additionally, 
Representative Young had not reported any of the proper or 
improper gifts or trips that should have been reported on his 
Financial Disclosure Statements for the relevant periods.
    With respect to the conduct described above, Representative 
Young violated House Rule XXIII, clause 6(b), which prohibits a 
Member from converting campaign funds to personal use and 2 
U.S.C. 439a(b), which prohibits any person from converting a 
campaign contribution or donation to personal use.\3\ 
Representative Young also violated the House Gift Rule, which 
prohibits Members from accepting any gift that does not fall 
within an exception to the rule. Finally, Representative 
Young's conduct violated the Ethics in Government Act, 5 U.S.C. 
app. 4 Sec. Sec. 101-111, and House Rule XXVI, clause 2, which 
require that Members file an annual Financial Disclosure 
Statement that includes the value, source, and a brief 
description of all gifts received that are greater than a 
threshold amount.\4\
---------------------------------------------------------------------------
    \3\``Personal use'' is defined in 11 CFR Sec. 113.1(g) as ``any use 
of funds in a campaign account . . . to fulfill a commitment, 
obligation or expense of any person that would exist irrespective of 
the candidate's campaign or duties as a Federal officeholder.''
    \4\The aggregate minimal value used to determine whether gifts must 
be reported on a Financial Disclosure Statement is established by 5 
U.S.C.Sec. 7342(a)(5).
---------------------------------------------------------------------------
    The ISC noted that given the lengthy chronology of this 
matter, and the corrosion of evidence over time, it could not 
recommend a finding that Representative Young purposefully or 
corruptly accepted any of the gifts in this matter. The ISC, 
however, recognized that Representative Young's state of mind 
at the time he obtained the gifts did not impact whether he 
must repay the improper gifts and misused campaign funds. He 
must. The ISC recommended that Representative Young repay the 
full amount of the improper gifts and the improperly used 
campaign funds. This amount totaled $59,063.74. This figure 
includes repayment of $30,936.33 to your principal campaign 
committee, Alaskans for Don Young, and repayment of $28,127.41 
to ten private individuals or companies. The ISC also noted 
that while it did not recommend that Representative Young 
receive a House sanction for his actions, it recommended that 
the Committee issue a letter of reproval to Representative 
Young for his conduct.
    The Committee accepts the recommendations of the ISC and 
adopts its Report. In a June 2, 2014, letter to the ISC, 
Representative Young accepted the ISC's, which includes a 
recommendation that he be issued a letter of reproval, and he 
expressed regret. The Committee appreciates that Representative 
Young has accepted responsibility for his conduct and promptly 
repaid the costs of the impermissible trips and gifts after 
notification of the ISC's conclusions. Representative Young's 
swift action to bring himself into compliance with the Rules is 
an example of how a respondent should demonstrate his or her 
recognition of the Committee's authority, acceptance of 
responsibility, and desire to comply with the Rules of the 
House and other applicable laws, rules, or regulations. The 
Committee also recognizes the steps Representative Young has 
taken in his office since 2007 to ensure that his, and his 
staff's actions, comply with House Rules.
    The Committee finds, however, that Representative Young's 
more recent efforts at compliance, while commendable, do not 
overcome the need for a letter of reproval regarding his 
conduct with respect to the trips and gifts that were not 
permissible and, more troubling, his misuse of campaign funds 
for personal purposes. This is especially true given that 
Representative Young used campaign funds for personal purposes 
and accepted several of the improper gifts after the 2007 House 
Gift Rule changes and that Representative Young only brought 
these matters to the attention of the Committee after DOJ had 
begun its investigation. The Committee agrees with the ISC that 
Representative Young should be reproved because his actions 
``demonstrated a lack of appropriate safeguards and an 
inattention to the relevant standards of conduct.''\5\ 
Therefore, the Committee has issued a letter of reproval to 
Representative Young for his conduct in this matter. Following 
these actions, once Representative Young files properly 
completed amendments to his Financial Disclosure Statements the 
Committee will consider this matter closed.
---------------------------------------------------------------------------
    \5\ISC Report at 55.
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IV. STATEMENT UNDER RULE XIII, CLAUSE 3(c) OF THE RULES OF THE HOUSE OF 
                            REPRESENTATIVES 

    The Committee made no special oversight findings in this 
report. No budget statement is submitted. No funding is 

authorized by any measure in this report.


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