" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REVIEW NO. 

11–4518 

OFFICE OF CONGRESSIONAL ETHICS 

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Ethics 

on May 18, 2011 

and released publicly pursuant to H. Res. 895 of the 

110th Congress as amended 

July 2011 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

67–437 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REVIEW NO. 

2011

11–4518 

OFFICE OF CONGRESSIONAL ETHICS 

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Ethics 

on May 18, 2011 

and released publicly pursuant to H. Res. 895 of the 

110th Congress as amended 

July 2011 


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(II) 

OFFICE OF 

CONGRESSIONAL ETHICS 

BOARD 

UNITED STATES HOUSE OF REPRESENTATIVES

ONE HUNDRED TWELFTH CONGRESS

PORTER GOSS, Chair 

DAVID SKAGGS, Co-Chair 

YVONNE BURKE 

KAREN ENGLISH 

ALLISON HAYWARD 

JAY EAGEN 

WILLIAM FRENZEL 

ABNER MIKVA 

Omar S. Ashmawy, Chief Counsel & Staff 

Director 

Kedric L. Payne, Deputy Chief Counsel 


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REPORT 

Review No. 11–4518 

The Board of the Office of Congressional Ethics, by a vote of no 

less than four members, on April 29, 2011, adopted the following 

report and ordered it to be transmitted to the Committee on Ethics 

of the United States House of Representatives. 

SUBJECT: Michael Collins 

NATURE OF THE ALLEGED VIOLATION: Michael Collins, 

Chief of Staff for Representative John Lewis, is employed as a consultant with the John Lewis for Congress campaign committee. 

From 2007 to 2009, the campaign committee reported paying Mr. 

Collins consulting fees totaling $42,000. On June 16, 2008, Mr. Collins filed his calendar year 2007 financial disclosure statement and 

did not report income earned from the campaign committee. Mr. 

Collins filed his financial disclosure statements for calendar years 

2008 and 2009 without reporting the income earned from the campaign committee. The consulting fees earned in 2009 were not disclosed on his federal income tax return. 

Mr. Collins was subject to the 2009 outside earned income limit 

of $26,550. The campaign committee reported paying Mr. Collins 

$27,000 in 2009. 

If Mr. Collins received income from the campaign committee and 

failed to disclose the earned income on his financial disclosure 

statements and federal income tax returns, he may have violated 

House rules and federal law. Also, if Mr. Collins received more 

than $26,550 of earned income in 2009, he may have violated 

House rules and federal law. 

RECOMMENDATION: The Board of the Office of Congressional 

Ethics recommends that the Committee on Ethics further review 

the above allegations because there is substantial reason to believe 

that Mr. Collins violated House rules and federal law by exceeding 

the outside earned income limit and failing to report the income on 

his financial disclosure statements and federal income tax returns. 

VOTES IN THE AFFIRMATIVE: 5 

VOTES IN THE NEGATIVE: 1 

ABSTENTIONS: 0 

MEMBER OF THE BOARD OR STAFF DESIGNATED TO 

PRESENT THIS REPORT TO THE COMMITTEE ON ETHICS: 

Omar S. Ashmawy, Staff Director & Chief Counsel. 


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TABLE OF CONTENTS 

I. INTRODUCTION .......................................................................................... 5 

A. Summary of Allegations ................................................................... 5 

B. Jurisdictional Statement .................................................................. 5 

C. Procedural History ............................................................................ 6 

D. Summary of Investigative Activity .................................................. 6 

II. MICHAEL COLLINS’ OUTSIDE EARNED INCOME ............................... 6 

A. Law, Regulations, Rules, and Standards of Conduct ..................... 6 

B. Mr. Collins Received Outside Earned Income from 2007 to 2009 7 

C. Mr. Collins Did Not Include His Outside Earned Income on 

His Calendar Year 2007 Financial Disclosure Statement .......... 11 

D. Mr. Collins Did Not Include His Outside Earned Income on 

His Calendar Year 2008 Financial Disclosure Statement .......... 11 

E. Mr. Collins Did Not Disclose His Outside Earned Income on 

His Calendar Year 2009 Financial Disclosure Statement .......... 12 

F. Mr. Collins Did Not Disclose His Outside Earned Income on 

His Federal Income Tax Returns .................................................. 13 

G. Mr. Collins Exceeded the 2009 Outside Earned Income Limit ..... 13 

III. CONCLUSION ............................................................................................... 14 


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1 H. Res. 895, 110th Cong.§ 1(e), as amended (the ‘‘Resolution’’).

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 11–4518 

On April 29, 2011, the Board of the Office of Congressional Ethics (‘‘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 that a violation actually occurred. 

I. INTRODUCTION 

A. SUMMARY OF ALLEGATIONS 

1. In 2009, the John Lewis for Congress campaign committee 

filed reports with the Federal Election Commission (‘‘FEC’’) indicating that Mr. Collins received payments exceeding the outside 

earned income limit for senior staff. Mr. Collins’ Calendar Year 

2009 Financial Disclosure Statement, however, did not include any 

income from the campaign committee. 

2. During the course of this review, the Board learned that Mr. 

Collins received outside earned income from John Lewis for Congress for many years prior to 2009. Mr. Collins did not include his 

outside earned income on his financial disclosure statements. This 

review is limited to the allegations concerning financial disclosure 

reports filed on or after March 11, 2008. 

3. The Board finds that there is substantial reason to believe 

that Mr. Collins violated House rules and federal law by: (1) failing 

to include his outside earned income from John Lewis for Congress 

on his financial disclosure statements for calendar years 2007, 

2008, and 2009; (2) failing to report his earned income from John 

Lewis for Congress on his federal tax returns for calendar year 

2009; and (3) exceeding the outside earned income limit for 2009. 

B. JURISDICTIONAL STATEMENT 

4. The allegations that are the subject of this review concern Mr. 

Collins, an employee of the United States House of Representatives. The Resolution the United States House of Representatives 

adopted creating the Office of Congressional Ethics (‘‘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.’’ 1 The House adopted this Resolution on March 11, 2008. 

Because the conduct under review occurred after March 11, 2008, 

the OCE has jurisdiction in this matter. 


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2 A preliminary review is ‘‘requested’’ in writing by members of the Board of the OCE. The 

request for a preliminary review is ‘‘received’’ by the OCE on a date certain. According to the 

Resolution, the timeframe for conducting a preliminary review is thirty days from the date of 

receipt of the Board’s request. 3 According to the Resolution, the Board must vote on whether to conduct a second-phase review in a matter before the expiration of the thirty-day preliminary review. If the Board votes 

for a second-phase, the second-phase begins when the preliminary review ends. The secondphase review does not begin on the date of the Board vote. 4 5 U.S.C. app. 4 § 101(d). 

5 5 U.S.C. app. 4 § 102(a). 

C. PROCEDURAL HISTORY 

5. The OCE received a written request for a preliminary review 

in this matter signed by at least two members of the Board on January 24, 2011. The preliminary review commenced on January 25, 

2011.2 The preliminary review was scheduled to end on February 

23, 2011. 

6. At least three members of the Board voted to initiate a second-phase review in this matter on February 22, 2011. The secondphase review commenced on February 24, 2011.3 The second-phase 

review ended on April 9, 2011. 

7. The Board voted to refer the matter to the Committee on Ethics and adopted these findings on April 29, 2011. 

8. This report and findings were transmitted to the Committee 

on Ethics on May 18, 2011. 

D. SUMMARY OF INVESTIGATIVE ACTIVITY 

9. The OCE requested and received documentary and, in some 

cases, testimonial information from the following sources: 

(1) Mr. Collins; and 

(2) John Lewis for Congress. 

II. MICHAEL COLLINS’ OUTSIDE EARNED INCOME 

A. LAW, REGULATIONS, RULES, AND STANDARDS OF CONDUCT 

Financial Disclosure 

10. Pursuant to House Rule 26, clause 2, ‘‘the provisions of title 

I of the Ethics in Government Act of 1978 shall be considered Rules 

of the House as they pertain to Members, Delegates, the Resident 

Commissioner, officers, and employees of the House.’’ 

11. The Ethics in Government Act provides that ‘‘[a]ny individual 

who is an officer or employee described in subsection (f) during any 

calendar year and performs the duties of his position or office for 

a period in excess of sixty days in that calendar year shall file on 

or before May 15 of the succeeding year a report containing the information described in section 102(a).’’ 4

12. ‘‘Each report filed pursuant to section 101 (d) and (e) shall 

include a full and complete statement with respect to . . . [t]he 

source, type, and amount or value of income (other than income referred to in subparagraph (B)) from any source (other than from 

current employment by the United States Government). . . .’’ 5

13. ‘‘The head of each agency . . . each congressional ethics committee, or the Judicial Conference, as the case may be, shall refer 

to the Attorney General the name of any individual which such official or committee has reasonable cause to believe has willfully failed 


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6 5 U.S.C. app. 4 § 104. 

7See 26 U.S.C. §§ 7201, 7203, 7206. 8 5 U.S.C. app. 4 § 501(a)(1). 

9Memorandum from Committee on Standards of Official Conduct for All Members, Officer, 

and Employees Regarding the Outside Earned Income Limit and Outside Employment Restrictions, dated February 12, 2009 (‘‘2009 Outside Earned Income Memo’’) (Exhibit 1 at 11–4518— 

002). 10Memorandum of Interview of Michael Collins, March 9, 2011 (‘‘Collins MOI’’) (Exhibit 2 at 

11–4518—005). 11 Id. 12 Id. at 11–4518—006–007. 13 Id. at 11–4518–006. 

to file a report or has willfully falsified or willfully failed to file information required to be reported. . . .’’ 6

Federal Tax 

14. Under Title 26 of U.S. Code, there are various violations related to the filing of incorrect income tax statements.7

Outside Earned Income Limit 

15. Pursuant to House Rule 25, clause 1(a)(1), ‘‘except as provided 

by paragraph (b), a Member, Delegate, Resident Commissioner, officer, or employee of the House may not . . . (1) have outside earned 

income attributable to a calendar year that exceeds 15 percent of the 

annual rate of basic pay for level II of the Executive Schedule under 

section 5313 of title 5, United States Code, as of January 1 of that 

calendar year.’’ 

16. The Ethics in Government Act provides that ‘‘a Member or an 

officer or employee who is a noncareer officer or employee and who 

occupies a position . . . for which the rate of basic pay is equal to 

or greater than 120 percent of the minimum rate of basic pay payable for GS15 of the General Schedule, may not in any calendar 

year have outside earned income attributable to such calendar year 

which exceeds 15 percent of the annual rate of basic pay for level 

II of the Executive Schedule under section 5313 of title 5, United 

States Code, as of January 1 of such calendar year.’’ 8

17. ‘‘[T]he outside earned income limit for Members and senior 

staff for calendar year 2009 is $26,550.’’ 9

B. MR. COLLINS RECEIVED OUTSIDE EARNED INCOME FROM 2007 TO 2009 

18. Mr. Collins told the OCE that he has served as Chief of Staff 

for Representative John Lewis since approximately 1998.10

19. As Chief of Staff, Mr. Collins is responsible for arranging 

ethics training from the Committee on Ethics for office staff.11

20. Mr. Collins told the OCE that during his thirteen years of 

employment with the House, he has also received outside earned 

income from the John Lewis for Congress campaign committee.12

21. Mr. Collins works as a consultant to the campaign and is responsible for approving all expenditures for the campaign, including staff salaries.13


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14 Excerpts of John Lewis for Congress 2007 Federal Election Commission Itemized Disbursement Reports (‘‘2007 FEC Reports’’) (Exhibit 3 at 11–4518—010–015). 15 Id. 16 Id. The reports note that the following payments are for reimbursed expenses: payment on 

January 31, 2007 for $1,071.76; payment on May 23, 2007 for $892.32; payment on July 13, 

2007 for $1,595.68; payment on September 20, 2007 for $973.06; and payment on November 21, 

2007 for $475.29. 17Pursuant to 18 U.S.C. § 603, a House employee is prohibited from making a campaign contribution to one’s employing Member. ‘‘[M]ost outlays that an individual makes on behalf of a 

campaign are deemed to be a contribution to that campaign from that individual.’’ House Ethics 

Manual 139. ‘‘This is so even if it is intended that the campaign will reimburse the individual 

promptly.’’ Id. Although a House employee usually may not incur expenses on behalf of the employing Member’s campaign, an exception to this prohibition is that an individual may incur 

travel expenses on behalf of a campaign. Id. Based on the information before the OCE, it appears that the campaign reimbursed Mr. Collins for expenses unrelated to travel, such as expenses for a ‘‘staff appreciation event’’ and ‘‘refreshments.’’ 2007 FEC Reports (Exhibit 3 at 11– 

4518—010–011). However, the Board does not make any finding on whether there is substantial 

reason to believe that the 2007 reimbursements may have violated 18 U.S.C. § 603 because any 

potential violation occurred prior to the OCE’s jurisdiction. 18 2007 FEC Reports (Exhibit 3 at 11–4518—014). 19 Collins MOI (Exhibit 2 at 11–4518—006). 

2007 Outside Earned Income 

22. According to the disclosure reports that John Lewis for Congress filed with the FEC, disbursements totaling $10,008.11 were 

paid to Mr. Collins in 2007.14

23. The total of $10,008.11 in disbursements consisted of payments for expenses and consulting fees.15

24. The amount of disbursements for expenses was $5,008.11.16

These disbursements appear to be repayments to Mr. Collins for 

expenses that he incurred on behalf of the campaign and do not appear to be earned income.17

25. Based on the document below, the amount of the disbursement for a consulting fee was $5,000.18 This disbursement appears 

to be payment for the services that he provided to the campaign 

as a consultant, which he described to the OCE.19

26. Mr. Collins was paid $5,000 in 2007 for the services that he 

provided to John Lewis for Congress. 


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20 Excerpts of John Lewis for Congress 2008 Federal Election Commission Itemized Disbursement Reports (‘‘2008 FEC Reports’’) (Exhibit 4 at 11–4518—017–019). 21 Id. 22 Id. The reports note that the following payments are for reimbursed expenses: payment on 

February 7, 2008 for $499.36; payment on February 25, 2008 for $475.50; and payment on 

March 5, 2008 for $23.86. 23 A House employee may not receive reimbursement for expenses incurred on behalf of a campaign other than for travel expenses. See supra note 15; House Ethics Manual 139. Based on 

the information before the OCE, it is unclear whether the campaign reimbursed Mr. Collins in 

2008 for travel expenses or other expenses. 24 2008 FEC Reports (Exhibit 4 at 11–4518—019). 25 Collins MOI (Exhibit 2 at 11–4518—006). 26 Excerpts of John Lewis for Congress 2009 Federal Election Commission Itemized Disbursement Reports (‘‘2009 FEC Reports’’) (Exhibit 5 at 11–4518—021–024). 27 Id. 

2008 Outside Earned Income 

27. According to the disclosure reports that John Lewis for Congress filed with the FEC, disbursements totaling $10,998.72 were 

paid to Mr. Collins in 2008.20

28. The total of $10,998.72 in disbursements consisted of payments for reimbursements, expenses, and consulting fees.21

29. The amount of disbursements for expenses and reimbursements was $998.72.22 These disbursements appear to be repayments to Mr. Collins for expenses that he incurred on behalf of the 

campaign and do not appear to be earned income.23

30. Based on the document below, the amount of the disbursement for ‘‘campaign management and consulting fee’’ was 

$10,000.24 This disbursement appears to be payment for the services that Mr. Collins provided to the campaign as a consultant, 

which he described to the OCE.25

31. Mr. Collins was paid $10,000 in 2008 for the services that he 

provided to John Lewis for Congress. 

2009 Outside Earned Income 

32. According to the disclosure reports that John Lewis for Congress filed with the FEC, disbursements totaling $28,848.72 were 

paid to Mr. Collins in 2009.26

33. The total of $28,848.72 in disbursements consisted of payments for reimbursements and consulting fees.27


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28 Id. The reports note that the following payments are for reimbursed expenses: payment on 

January 29, 2009 for $1,148.72; and payment on February 1, 2009 for $700.00. Mr. Collins told 

the OCE that the disbursement for $700 was used to pay ‘‘for consultants who moved campaign 

storage.’’ Email from Michael Collins to Vickie Winpisinger, Campaign Accountant, dated February 27, 2009 (‘‘February 27, 2009 Email’’) (Exhibit 6 at 11–4518—026); Collins MOI (Exhibit 

2 at 11–4518—007). He cashed the $700 check and paid each consultant $350 for their services. 

February 27, 2009 Email (Exhibit 6 at 11–4518—026). As a result, Mr. Collins describes this 

disbursement as a payment to other staffers and not a reimbursement of any expense that he 

incurred on behalf of the campaign. 29 A House employee may not receive reimbursement for expenses incurred on behalf of a campaign other than for travel expenses. See supra note 15; House Ethics Manual 139. Based on 

the information before the OCE, it is unclear whether the campaign reimbursed Mr. Collins in 

2009 for travel expenses or other expenses. 30 2009 FEC Reports (Exhibit 5 at 11–4518—023–024). 31 Collins MOI (Exhibit 2 at 11–4518—006). 32Michael Collins Form 1099–MISC Miscellaneous Income for Calendar Year 2009 (‘‘2009 

1099 Form’’) (Exhibit 7 at 11–4518—028). According to the reports that the John Lewis for Congress campaign filed with the FEC, the campaign paid Mr. Collins $27,700. 

34. The amount of the disbursement for reimbursements was 

$1,848.72.28 These disbursements appear to be repayments to Mr. 

Collins for expenses that he incurred on behalf of the campaign 

and do not appear to be earned income.29

35. The amount of disbursements for consulting fees was 

$27,000.30 These disbursements appear to be payments for the 

services that he provided to the campaign as a consultant, which 

he described to the OCE.31

36. Based on the document below, the Internal Revenue Service 

Form 1099 for calendar year 2009 that Mr. Collins received from 

John Lewis for Congress indicates that he was paid $27,000. 32

37. Mr. Collins was paid $27,000 in 2009 for the services that he 

provided to John Lewis for Congress. 

C. MR. COLLINS DID NOT INCLUDE HIS OUTSIDE EARNED INCOME ON 

HIS CALENDAR YEAR 2007 FINANCIAL DISCLOSURE STATEMENT 


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33Michael Collins Calendar Year 2007 Financial Disclosure Statement, dated June 16, 2008 

(‘‘2007 FD’’) (Exhibit 8 at 11–4518—030–032). 34 Id. 35 Id. 36 2007 FD (Exhibit 8 at 11–4518—030–032). 37Michael Collins Calendar Year 2008 Financial Disclosure Statement, dated May 15, 2009 

(‘‘2008 FD’’) (Exhibit 9 at 11–4518—034–038). 38 Id. at 11–4518—034. 39 Id. 

38. On June 16, 2008, Mr. Collins filed his Calendar Year 2007 

Financial Disclosure Statement with the Office of the Clerk.33

39. The first question on the form asks: ‘‘Did you or your spouse 

have ‘earned’ income (e.g., salaries or fees) of $200 or more from 

any source in the reporting period?’’ 34 In response to the question, 

Mr. Collins’ checked the ‘‘No’’ box.35

40. Based on the document below, Mr. Collins’ Calendar Year 

2007 Financial Disclosure Statement does not disclose the $5,000 

that John Lewis for Congress reported paying him for his consulting services in 2007.36

D. MR. COLLINS DID NOT INCLUDE HIS OUTSIDE EARNED INCOME ON 

HIS CALENDAR YEAR 2008 FINANCIAL DISCLOSURE STATEMENT 

41. On May 15, 2009, Mr. Collins filed his Calendar Year 2008 

Financial Disclosure Statement with the Office of the Clerk.37

42. The first question on the form asks: ‘‘Did you or your spouse 

have ‘earned’ income (e.g., salaries or fees) of $200 or more from 

any source in the reporting period?’’ 38 In response to the question, 

Mr. Collins’ checked the ‘‘No’’ box.39


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40 Id. 41Michael Collins Calendar Year 2009 Financial Disclosure Statement, dated May 17, 2010 

(‘‘2009 FD’’) (Exhibit 10 at 11–4518—040–044). 42 Id. at 11–4518—040. 43 Id. 44 Id. 

43. Based on the document below, Mr. Collins’ Calendar Year 

2008 Financial Disclosure Statement does not disclose the $10,000 

that John Lewis for Congress reported paying him for his consulting services in 2008.40

E. MR. COLLINS DID NOT DISCLOSE HIS OUTSIDE EARNED INCOME ON 

HIS CALENDAR YEAR 2009 FINANCIAL DISCLOSURE STATEMENT 

44. On May 17, 2010, Mr. Collins filed his Calendar Year 2009 

Financial Disclosure Statement with the Office of the Clerk.41

45. The first question on the form asks: ‘‘Did you or your spouse 

have ‘earned’ income (e.g., salaries or fees) of $200 or more from 

any source in the reporting period?’’ 42 In response to the question, 

Mr. Collins’ checked the ‘‘No’’ box.43

46. Based on the document below, Mr. Collins’ Calendar Year 

2009 Financial Disclosure Statement does not disclose the $27,000 

that the John Lewis for Congress campaign reported paying him 

for his consulting services in 2009.44

47. The OCE asked Mr. Collins to explain why he did not report 

the 2009 outside earned income on his Calendar Year 2009 Financial Disclosure Statement. Mr. Collins told the OCE that the failure to report was negligence on his part and that he thought 


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45 Collins MOI (Exhibit 2 at 11–4518—007). 46 Id. 47Michael Collins Amended Calendar Year 2009 Financial Disclosure Statement, dated March 

11, 2011 (Exhibit 11 at 11–4518—046–048). 48 Id. 49 Collins MOI (Exhibit 2 at 11–4518—007). 50Michael Collins Form 1040 U.S. Individual Income Tax Return Calendar Year 2009, dated 

February 27, 2010 (‘‘2009 Tax Return’’) (Exhibit 12 at 11–4518—050–057). 51 Collins MOI (Exhibit 2 at 11–4518—007). 52 Id. 53 Id. 54Michael Collins Amended U.S. Individual Income Tax Return Calendar year 2009, dated 

April 4, 2011 (Exhibit 13 at 11–4518—059–062). 55 Id. 56 2009 Outside Earned Income Memo (Exhibit 1 at 11–4518—002–003). 

money from the campaign did not have to be reported because he 

said that he considered the money to be a bonus and not a salary.45

48. Mr. Collins stated to the OCE that he believes he has never 

reported the money that he earns from the campaign on his financial disclosure statements throughout his thirteen years as Chief of 

Staff.46

49. As a result of this Review, on March 11, 2011, Mr. Collins 

filed an amended Calendar Year 2009 Financial Disclosure Statement with the Office of the Clerk.47 The amended disclosure statement reports that Mr. Collins received $27,000 in salary from John 

Lewis for Congress in 2009.48

50. Based on the information before the OCE, Mr. Collins has 

not amended his financial disclosure statements for calendar years 

2007 and 2008. 

F. MR. COLLINS DID NOT DISCLOSE HIS OUTSIDE EARNED INCOME ON 

HIS FEDERAL INCOME TAX RETURNS 

51. According to information that Mr. Collins produced to the 

OCE, he did not report income from John Lewis for Congress on 

his federal income tax return statement for calendar year 2009.49

52. Mr. Collins’ Form 1040 Income Tax Return for calendar year 

2009 does not disclose that he received $27,000 of earned income 

in addition to his House salary.50

53. The OCE asked Mr. Collins to explain why he did not report 

the 2009 outside income on his calendar year 2009 federal income 

tax returns. Mr. Collins told the OCE that he did not report the 

income on his tax returns for the same reason that he did not report the income on his financial disclosure statement.51 He believed 

that the income from the campaign was not reportable.52

54. He told the OCE that, during his thirteen year employment 

with the campaign, he believes he has never reported his income 

from the campaign on his federal tax returns.53

55. As a result of this review, on or about April 4, 2011, Mr. Collins filed an amended 1040 Income Tax Return for calendar year 

2009.54 The amended tax return reports that Mr. Collins received 

$27,000 in miscellaneous income in 2009.55

G. MR. COLLINS EXCEEDED THE 2009 OUTSIDE EARNED INCOME LIMIT 

56. On February 12, 2009, the Committee on Ethics issued a 

memorandum to all Members, Officers, and employees of the House 

concerning the outside earned income limit and outside employment restrictions.56


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57 Id. at 11–4518—002. 58 Id. 59Michael Collins’ Form W–2 Wage and Tax Statement for Calendar Year 2009 (Exhibit 14 

at 11–4518—064). 60 Collins MOI (Exhibit 2 at 11–4518—005–006). 61 Id. 62 2007 FEC Reports (Exhibit 3 at 11–4518—010–015); 2008 FEC Reports (Exhibit 4 at 11– 

4518—017–019); 2009 FEC Reports (Exhibit 5 at 11–4518—021–024). 63 Collins MOI (Exhibit 2 at 11–4518—005–006). 64 2007 FD (Exhibit 8 at 11–4518—030–032); 2008 FD (Exhibit 9 at 11–4518—034–038); 2009 

FD (Exhibit 10 at 11–4518—40–044). 65 Collins MOI (Exhibit 2 at 11–4518—006–007). 66 2009 Tax Return (Exhibit 7 at 11–4518—028). 67 2009 1099 Form (Exhibit 7 at 11–4518—028). 

57. The memorandum explained that ‘‘the outside earned income 

limit for Members and senior staff for calendar year 2009 is 

$26,550.’’ 57

58. ‘‘[T]he outside earned income limit applies to House officers and employees paid at or above the rate of $117,787 for more than 

90 days in 2009.’’ 58

59. Mr. Collins was subject to the outside earned income limit in 2009 because the House paid him more than $117,787 for more 

than 90 days. According to his Form W–2 Wage and Tax Statement 

for Calendar Year 2009, the House paid him $151,077.53.59

60. As explained in Part II.B, above, he was paid $27,000 in outside earned income in 2009. 

61. Mr. Collins’ outside earned income that he received from 

John Lewis for Congress exceeded the outside earned income limit 

of $26,550. 

62. Mr. Collins told the OCE that he has been aware of the outside earned income limit throughout his thirteen year employment 

with the House.60

63. He also told the OCE that in 2009, he was aware that there 

was a limit on outside earned income, but he did not know that he 

was near the limit. He is responsible for approving all expenditures 

for the campaign, including staff salaries.61

III. CONCLUSION 

64. John Lewis for Congress paid Mr. Collins a total of $42,000 

from 2007 to 2009.62

65. During this time period, Mr. Collins knew of the outside 

earned income limit and the financial disclosure requirements. He 

knew of the limit and financial disclosure requirements for the over 

thirteen years that he has been employed as Chief of Staff for Representative Lewis.63

66. On his financial disclosure statements for calendar years 

2007, 2008, and 2009, Mr. Collins reported that he did not receive 

any outside earned income.64 During this same time period, he 

worked for the campaign committee and approved the payment of 

his own salary.65

67. On his federal income tax return for calendar year 2009, Mr. 

Collins did not report any income received from John Lewis for 

Congress.66

68. In 2009, the campaign paid Mr. Collins $27,000, which exceeded the outside earned income limit.67

69. Based on the information available to the OCE during this 

Review, there is substantial reason to believe that Mr. Collins vioVerDate Mar 15 2010 04:14 Dec 05, 2012 Jkt 067437 PO 00000 Frm 00014 Fmt 6601 Sfmt 6601 C:\DOCUMENTS AND SETTINGS\BJNEAL\DESKTOP\DAVE CAMP REVISED PROOFS\67

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lated House Rule 25, clause 1(a)(1); House Rule 26, clause 2; 5 

U.S.C. app. 4 §§ 101, 102, 104, and 501 (a)(1); and federal tax law 

because he (1) failed to include his outside earned income from 

John Lewis for Congress on his financial disclosure statements for 

calendar years 2007, 2008, and 2009, (2) failed to report his earned 

income from John Lewis for Congress on his federal tax returns for 

calendar year 2009, and (3) exceeded the outside earned income 

limit in 2009. 

70. For these reasons, the Board recommends that the Committee on Ethics further review the allegations described above 

concerning Mr. Collins. 


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