" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

10–

OFFICE OF CONGRESSIONAL ETH

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 t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
House of Representatives Office of Congressional Ethics Review No. 10–6294 


steuser on CDPSPC2PFRM with REPORTS
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

58–390 

" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

2010

10–

OFFICE OF CONGRESSIONAL ETH

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 t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
(II) 

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 


steuser on CDPSPC2PFRM with REPORTS
(1) 

REPORT 

REVIEW NO. 10–6294 

The Board of the Office of Congressional Ethics (the ‘‘Bo

a vote of no less than four members, on July 23, 2010, ado

following report and ordered it to be transmitted to the Co

on Standards of Official Conduct of the United States H

Representatives. 

SUBJECT: Representative G. K. Butterfield 

NATURE OF THE ALLEGED VIOLATION: In 2009, Re

ative G. K. Butterfield participated in a Congressional De

to Lithuania. During the trip, he received a travel per 

meals and incidental expenses with an approximate 

$800.00. Public statements attributed to Representative Bu

indicated that he may have retained excess per diem. In 

these public statements indicate that he may have retaine

per diems on other trips. 

If Representative Butterfield’s actual meal and incide

penses during a CODEL were less than the per diem rece

he did not return the excess per diem, he may have violate

Rule 10, clause 8, House Rule 23, clauses 1 and 2. 

RECOMMENDATION: The Board recommends that t

mittee on Standards of Official Conduct further review th

allegations. 

VOTES IN THE AFFIRMATIVE: 6 

VOTES IN THE NEGATIVE: 0 

MEMBER OF THE BOARD OR STAFF DESIGNAT

PRESENT THIS REPORT TO THE COMMITTEE ON 

ARDS OF OFFICIAL CONDUCT: Leo Wise, Staff Director 

Counsel. 


steuser on CDPSPC2PFRM with HEARING
TABLE OF CONTENTS 

I. INTRODUCTION .....................................................................................

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

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

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

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

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESE

ATIVE BUTTERFIELD RECEIVED PER DIEM IN EXCESS OF 

ACTUAL MEAL AND INCIDENTAL EXPENSES DURING CERT

CODELS AND RETAINED THE EXCESS PER DIEM ....................

A. Applicable Law, Rules, and Standards of Conduct ...................

1. House Rules ..............................................................................

2. Federal Travel Regulation and Other Guidance ....................

B. Representative Butterfield Made Public Statements Indica

That He May Have Retained Excess Per Diem ......................

C. Representative Butterfield’s Use of Per Diem for Expenses O

Than Meals and Incidentals Provides Substantial Reason to 

lieve That He Had Excess Per Diem and He Did Not Re

Excess Per Diem ...........................................................................

D. Estimates of Representative Butterfield’s Meal and Incidental 

penses Provide Substantial Reason to Believe That His Ex

Per Diem Was More Than a De Minimis Amount for Cer

CODELs .....................................................................................

E. Representative Butterfield Did Not Return Any Excess Per D

for Meals and Incidental Expenses ..........................................

1. CODEL Hastings (2008) ..........................................................

2. CODEL Hastings to Belgium ..................................................

3. CODEL Cardin .........................................................................

4. CODEL Rush ............................................................................

III. CONCLUSION ..........................................................................................

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN ....................


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(3) 

1 Rules of the House of Representatives, 111th Cong. Rule X, Clause 8, adopted u

5, 111th Cong. (January 6, 2009). 2Letter from the Speaker of the House to House Committee Chairmen, dated M

(Exhibit 1 at 10–6294l002). 3Memorandum of Interview of Commission on Security and Cooperation in E

Manager (‘‘CSCE Office Manager MOI’’) (Exhibit 2 at 10–5477l006); Memorandum 

of House Committee on Foreign Affairs Travel Coordinator (Exhibit 3 at 10–5477

Memorandum of Interview of House Armed Services Committee Travel Coordinato

at 10–5477l014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–6294 

On July 23, 2010, the Board of the Office of Congression

(the ‘‘Board’’) adopted the following findings of fact and 

panying citations to law, regulations, rules and standard

duct (in italics). The Board notes that these findings do 

stitute a determination of whether or not a violation act

curred. 

I. INTRODUCTION 

1. The Rules of the 111th Congress were adopted by 

House of Representatives on January 6, 2009. Rule 10, c

provides that House Members and staff on official foreign t

ceive reimbursement for their official expenses at the less

the applicable per diem; or (2) the actual expenses incur

Rules of the 110th Congress included the identical provis

this rule, Members of the House imposed on themselves a 

ment that per diem in excess of actual expenses is to be r

The Speaker of the House recently underscored this requ

and restated the rule that ‘‘[a]ny per diem provided to m

or staff is intended to be expended only for official 

related to the trip. Excess funds are to be returned 

Treasury. . . .’’ 2

2. During this Review, various committees which autho

eign travel and the U.S. Department of State all informed 

fice of Congressional Ethics (‘‘OCE’’) that many Members 

use per diem properly, comply with the rule and return ex

diem. The House Committee on Foreign Affairs, the Hou

mittee on Armed Services, the Commission Security and 

tion in Europe, and the Bureau of Legislative Affairs of 

Department of State each has staff responsible for collec

recording the return of excess per diem from Members a

According to the officials, Members and staff routinely re

cess per diem to these entities. 3

3. Notwithstanding the rule and the compliance by man

bers and staff, several Members claimed that it is common 

by some to use per diem for purposes other than official 

and to retain excess per diem. While this practice may se


steuser on CDPSPC2PFRM with HEARING
4 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ Wall St. J., M

(Exhibit 5 at 10–6294l017). 5Memorandum of Interview of Representative G.K. Butterfield, June 24, 2010 

MOI’’) (Exhibit 6 at 10–6294l022). 6 According to the Resolution, the Board must vote on whether to conduct a seco

view in a matter before the expiration of the 30-day preliminary review. If the Boa

a second-phase, the second-phase begins when the preliminary review ends. The s

review does not begin on the date of the Board vote. 

consistent with the rationale for a per diem approach to 

travel expenses without need for itemized accounting, it 

less appears to be contrary to the rule the House adopted 

which many Members evidently do comply. The Board det

that fairness dictates upholding the standard stated in the 

adhered to by many, rather than excusing a practice of no

ance, however pervasive. 

4. Representative Butterfield acknowledged publically b

commencement of the OCE’s Review that he did not retur

per diem. 4 During the Review, he acknowledged that he 

diem for expenses other than meals and incidentals, indica

he had excess per diem. 5

A. SUMMARY OF ALLEGATIONS

5. Based on the information before the Office of Cong

Ethics (‘‘OCE’’), there is substantial reason to believe th

resentative G.K. Butterfield may have violated House 

clause 8; House Rule 23, clauses 1 and 2, by retaining ex

diem when his actual meal and incidental expenses were l

the per diem that he received during various Congressiona

tion trips (‘‘CODELs’’). 

B. JURISDICTIONAL STATEMENT

6. The allegations that were the subject of this Review 

Representative Butterfield, a Member of the United State

of Representatives from the 1st District of North Carol

Resolution the United States House of Representatives ado

ating the OCE directs that, ‘‘[n]o review shall be underta

by the board of any alleged violation that occurred before 

of adoption of this resolution.’’ The House adopted this Re

on March 11, 2008. Therefore, the conduct under Review 

after March 11, 2008. 

C. PROCEDURAL HISTORY

7. The OCE received a written request for a preliminar

in this matter signed by at least two members of the B

April 12, 2010. The preliminary Review commenced on A

2010. The preliminary Review was scheduled to end on 

2010. 

8. At least three members of the Board voted to initia

ond-phase Review in this matter on May 11, 2010. Th

phase Review commenced on May 14, 2010. 6 The second-p

view was scheduled to end on June 28, 2010. 

9. The Board voted to extend the 45-day second-phase R

an additional 14 days on June 21, 2010, as provided for u


steuser on CDPSPC2PFRM with HEARING
7 Id. at § 1(c)(2)(A)(ii) (2008). 8Letter from Representative Butterfield to Chairman David Skaggs and Co-Chai

J. Goss, dated July 19, 2010. (Exhibit 7 at 10–6294l026). 9 H. Res. 895 of the 110th Congress, as amended, Section 1(c)(1)(A). 

Res 895. Following the extension, the second-phase Rev

scheduled to end on July 12, 2010. 7

10. Representative Butterfield submitted a written stat

the Board, under Rule 9(B) of the OCE’s Rules for the Co

Investigations, on July 19, 2010. 8

11. The Board voted to refer the matter to the Comm

Standards of Official Conduct for further Review and adopt

findings on July 23, 2010. 

12. This report and findings in this matter were transm

the Committee on Standards of Official Conduct on July 3

D. SUMMARY OF INVESTIGATIVE ACTIVITY

13. The OCE requested documentary and testimonial 

tion from the following sources: 

(1) Representative Butterfield; 

(2) Commission on Security and Cooperation in 

(‘‘CSCE’’); 

(3) CSCE Office Manager; 

(4) House Committee on Foreign Affairs; 

(5) House Committee on Foreign Affairs Travel Coo

(6) House Committee on Armed Services; 

(7) House Committee on Armed Services Travel Coo

(8) Bureau of Legislative Affairs of the United States 

ment of State; and 

(9) United States Air Force Congressional Liaison Of

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THA

RESENTATIVE BUTTERFIELD RECEIVED PER DIEM 

CESS OF HIS ACTUAL MEAL AND INCIDENTAL EX

DURING CERTAIN CODELS AND RETAINED THE 

PER DIEM 

14. The Board recognizes that the per diem rule cont

House Rule 10, clause 8 is under the jurisdiction of th

Committee on Rules. 

15. Based on the facts presented before the Board, th

tions in this Review also implicate House Rule 23, clause

2, which are under the jurisdiction of the Committee on S

of Official Conduct. 

16. Regardless of which committee the House determin

propriately address these issues, the OCE has jurisdictio

view alleged violations of ‘‘any law, rule, regulation, or othe

ard of conduct applicable to the conduct of [a] Member, o

employee in the performance of his duties or the dischar

responsibilities.’’ 9

A. APPLICABLE LAW, RULES, AND STANDARDS OF CONDU

1. HOUSE RULES

17. Pursuant to House Rule 10, clause 8(b): 


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10 41 C.F.R. § 300–3.1 (emphasis added). 11 Id. 12 Id. 13 Id. 

‘‘The following conditions shall apply with respect 

outside the United States or its territories or possessi

(2) A member or employee shall be reimbursed for the 

of such individual for a day at the lesser of— 

(A) the per diem set forth in applicable Federal law; o

(B) the actual, unreimbursed expenses (other than f

portation) incurred during that day.’’ 

18. Pursuant to House Rule 23, clause 2: 

‘‘A Member, Delegate, Resident Commissioner, officer

ployee of the House shall adhere to the spirit and the 

the Rules of the House and to the rules of duly constitu

mittees thereof.’’ 

19. Pursuant to House Rule 23, clause 1: 

‘‘A Member, Delegate, Resident Commissioner, officer

ployee of the House shall conduct himself at all times in 

ner that shall reflect credibility on the House.’’ 

2. FEDERAL TRAVEL REGULATION AND OTHER GUIDANC

20. House Rule 10, clause 8(b), incorporates by reference 

law governing the use of per diem. Specifically, Public Law 

governs per diem provided to congressional travelers. Per di

are established under 5 U.S.C.§ 5702 and the Federal Trav

lation, 41 C.F.R. chs. 300–304. 

21. The ‘‘per diem allowance (also referred to as subsis

lowance) is a daily payment instead of reimbursement for a

penses for lodging, meals, and related incidental ex

The per diem allowance is separate from transportation 

and other miscellaneous expenses.’’ 10

22. Lodging expenses include ‘‘expenses, except lodging 

the United States, for overnight sleeping facilities, baths, 

use of the room during daytime, telephone access fee, and 

charges for fans, air conditioners, heaters, and fires furnish

room when such charges are not included in the room rate.’’ 

23. Meal expenses are ‘‘expenses for breakfast, lunch, din

related tips and taxes (specifically excluded are alcoholic 

and entertainment expenses, and any expenses incurred f

persons).’’ 12

24. Incidental expenses are ‘‘(1) Fees and tips given to 

baggage carriers, bellhops, hotel maids, stewards or stew

and others on ships, and hotel servants in foreign coun

Transportation between places of lodging or business an

where meals are taken, if suitable meals cannot be obtaine

TDY site; and (3) Mailing cost associated with filing travel 

and payment of Government sponsored charge card billings

25. ‘‘Per Diem consists of two components: the lodging 

the M&IE. Per diem rates are established by the Depar

State for foreign cities. The foreign per diem rates are est

monthly by the Department of State based on actual repor

of hotel, meals and incidental expenses in individual cities 

the world. Therefore, routine expenses are usually well w


steuser on CDPSPC2PFRM with HEARING
14 United States Department of State Bureau of Legislative Affairs, Official Fo

Guide for the U.S. Congress. (Exhibit 8 at 10–6294l030). 15 41 C.F.R. ch. 301, App. B. 16 House Rule 10, clause 8. 17 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ Wall St. J

2010 (Exhibit 5 at 10–6294l017). 18 Id. 19 Butterfield MOI (Exhibit 6 at 10–6294l023) 

per diem rates and it is sufficient to authorize per diem p

based on those rates.’’ 14

26. Under the Federal Travel Regulation, the allocation 

and incidental expenses (‘‘M&IE’’) rates that are used in ma

ductions from the M&IE are as follows: 15% for breakfast, 

lunch, 40% for dinner, and the remainder for incidental e

For example, if the M&IE for a specific city was $100 pe

was allocated as $15 for breakfast, $25 for lunch, $40 for 

and $20 for incidental expenses. 15

27. According to The United States Department of State 

of Legislative Affairs Official Foreign Travel Guide publi

the U.S. Congress, Members are advised the following: 

28. The House has adopted a general rule for all commit

per diem allowance (the set rates) in excess of actual expen

not be retained. 16

B. REPRESENTATIVE BUTTERFIELD MADE PUBLIC STATEME

INDICATING THAT HE MAY HAVE RETAINED EXCESS PER D

29. On March 2, 2010, the Wall Street Journal published 

cle entitled ‘‘Lawmakers Keep the Change.’’ 17

30. Representative Butterfield’s statements in the arti

cate that he may have retained excess per diem that he 

during the CODELs. 

31. According to the article: ‘‘Mr. Butterfield said that h

recall if he had any leftover funds, and that he sometimes 

extra cash.’’ ‘‘I won’t deny that sometimes I have a little 

it’s not much—maybe 80, 90, or 100 dollars,’ said R

Butterfield (D., N.C.)’’ 18

32. Representative Butterfield told the OCE that thes

are not completely accurate. He explained that it is accur

he does not know if he had any ‘‘significant’’ leftover fund

ever, he does not recall characterizing such funds as ‘‘80, 9

dollars.’’ 19


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20 Id. at 10–6294l022. 21 Id. 22 Id. 23 Id. at 10–6294l023. 

C. REPRESENTATIVE BUTTERFIELD’S USE OF PER DIEM FOR E

OTHER THAN MEALS AND INCIDENTALS PROVIDES SUBSTANT

SON TO BELIEVE THAT HE HAD EXCESS PER DIEM AND HE 

RETURN EXCESS PER DIEM

33. Representative Butterfield used per diem for expens

than his personal lodging, meals, and incidentals. 

34. He told the OCE that during CODELs, he has typi

tended dinners with Congressional staff, where he and oth

bers paid for the costs of staff dinners. 20

35. He recalls an instance where the bill for a m

‘‘shockingly’’ expensive and he suggested that Members c

costs for staff. 21

36. He had also purchased gifts and souvenirs with 

diem. He purchased such souvenirs for himself, family, a

sionally staff. 22

37. Representative Butterfield’s use of the per diem for 

other than his personal meals and incidental expenses 

that his actual meal and incidental expenses were less than 

diem that he received. 

38. As a result, there is substantial reason to believe t

resentative Butterfield had excess per diem after certain C

D. ESTIMATES OF REPRESENTATIVE BUTTERFIELD’S MEAL A

DENTAL EXPENSES PROVIDE SUBSTANTIAL REASON TO 

THAT HIS EXCESS PER DIEM WAS MORE THAN A DE MINIMIS 

for certain codels 

39. Representative Butterfield told the OCE that he did 

a complete record of expenses that he incurred on CODELs 

attended during the time period from March 2008 to May 

40. Based on the information before the OCE, the exact 

of his meal and incidental expenses for each CODEL is u

41. Consequently, the OCE used an estimate of expens

termine whether it appeared that Representative Butter

tained excess per diem that was more than a de minimis 

42. The OCE Board notes that the sole purpose of the e

meal and incidental expenses is to determine if there is su

reason to believe that the Member had excess per diem t

more than a de minimis amount. The estimates are not 

to be used to conclude the exact amount of any excess p

that the Member may have retained. 

43. If an estimate is not used, a House Member or st

impede the enforcement of Rule 10, clause 8, by simply n

taining any records of his or her actual expenses. 

44. Representative Butterfield’s description of his typi

and incidental expenses provided the basis for estimating 

penses. 

45. Representative Butterfield’s meals during CODELs f

the following three categories: 


steuser on CDPSPC2PFRM with HEARING
24 Id. at 10–6294l022. 25 Id. 26 Id. 27 Id. at 10–6294l021. 28 Id. at 10–6294l023. 29 CSCE Office Manager MOI (Exhibit 2 at 10–6294l005). 

(a) meals that were provided to him at no charg

meals include working lunches, and official dinners th

hosted as part of the official events of the CODELs

resentative Butterfield stated that most meals fall un

category; 

(b) meals that were paid for by military personnel e

the CODEL Representative Butterfield later reimburse

are the meals where multiples Members of Congress a

attend and the military escort (e.g., U.S. Air Force offic

for the dinner on behalf of all participants and then 

invoice to each person for their portion of the bill. Occa

he will reimburse the escort with per diem while on th

flight to the U.S.; 25 and 

(c) meals that Representative Butterfield directly 

himself. He explained that such meals usually occu

evening meals. 26

46. With respect to incidental expenses, Repres

Butterfield used per diem for taxis, however, most ground t

tation was provided to him at no cost. He also used the p

for laundry and other miscellaneous items that he cannot 

47. As a result, the invoice received from the military es

each CODEL, along with the itinerary of meals that were 

at no charge to Representative Butterfield, provided an est

his meal expenses other than occasional evening meals tha

chased directly himself. 

E. REPRESENTATIVE BUTTERFIELD DID NOT RETURN ANY EXC

DIEM FOR MEALS AND INCIDENTAL EXPENSES

48. Representative Butterfield did not return any unu

diem for meal and incidental expenses as he does not kn

had any excess per diem after any CODEL. He does not 

edge that he had any significant amount of excess per di

any CODEL. He cannot quantify if such amount were betw

to $500’’. 28

49. Procedures were in place at the time of Repres

Butterfield’s travel for him to return any excess per diem. 

50. All of the relevant CODELs that Representative Bu

attended were organized by the Commission on Security 

operation in Europe (‘‘CSCE’’), except CODEL Rush. 

51. The Office Manager of the CSCE is responsible for r

the amount of per diem that Members received, and recor

excess per diem that Members of Congress or staff retur

told the OCE that he has received excess per diem from Re

atives and staff for various CODELs, which was returned 

by checks made payable to the U.S. Treasury. 29


steuser on CDPSPC2PFRM with HEARING
30 Id. at 10–6294l006. 31M&IE Per Diem calculated using travel itineraries; the monthly per diem rates 

by the Office of Allowances, United Sates Department of State; and where appli

vouchers and travel authorization letters. 32 Estimated expenses were calculated using the ‘‘Allocation of M&IE Rates to 

Making Deductions from the M&IE Allowance,’’ which lists the amount of per di

to be allocated for breakfast, lunch, dinner, and incidentals. 41 C.F.R. ch. 301 App. B

33See Letter from the Speaker of the House to the Secretary of State dated Ma

(Exhibit 9 at 10–6294l051); Itinerary for CODEL Hastings (June 28 to July 3, 20

10 at 10–6294l053–061); and monthly per diem rates established by the Office of 

United States Department of State <available at http://aoprals.state.gov/web920/per

(last accessed July 29, 2010). 34 Itinerary for CODEL Hastings (June 28 to July 3, 2008) (Exhibit 10 at 10–6294

52. The Office Manager forwards the checks to a specifi

at the U.S. Department of State who is responsible for rece

turns of excess per diem. 30

53. There is substantial reason substantial reason to bel

Representative Butterfield had excess per diem for 

CODELs and he did not return per diem, even when th

procedures in place for him to return the per diem. 

54. Although, the available evidence does not establish t

amount of actual expenses for Representative But

CODELs, after estimating meal and incidental expenses, 

substantial reason to believe that Representative Butter

tained excess per diem from the following CODELs: 

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE 

Per Diem31

Estimated 

Expenses 32

CODEL Hastings to the United 

Kingdom, Kazakhstan, Pakistan, and 

Italy June 28 to 

July 3, 2008 

$1,108.00 ≅ $649.00 

CODEL Hastings to Belgium April 15 to 

April 17, 2009 

$479.00 ≅ $314.00 

CODEL Cardin to Lithuania June 28 to 

July 3, 2009 

$800.00 ≅ $320.00 

CODEL Rush Liberia, Ghana, South 

Africa, and Morocco August 15 to 

August 24, 2009 

$1,050.00 ≅ $645.00 

Total $3,539.00 ≅ $1,928.00 

1. CODEL HASTINGS (2008)

55. During CODEL Hastings to the United K

Kazakhstan, Pakistan, and Italy, Representative Butter

ceived an enhanced per diem of $1,108.00. 33

56. According to the CODEL itinerary, at least eight m

pear to have been provided at no cost to Representatives 

tended the CODEL. 34


steuser on CDPSPC2PFRM with HEARING
35 41 C.F.R. ch. 301 App. B. 36See Itinerary for CODEL Hastings (April 15 to April 17, 2009) (Exhibit 

6294l063–065); monthly per diem rates established by the Office of Allowances, U

Department of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 37 Itinerary for CODEL Hastings (April 15 to April 17, 2009) (Exhibit 11 at 10–

065). 38 41 C.F.R. ch. 301 App. B. 

57. Representative Butterfield’ meal and incidental expe

estimated on the Federal Travel Regulations allocation fo

58. The estimated amount of meals and incidental exp

$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 & 

Incidentals 

Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast ≅ $35 ≅ $24 Hosted Hosted Hosted ≅ $19 

Lunch ≅ $58 ≅ $39 ≅ $39 Hosted Hosted ≅ $32 

Dinner ≅ $92 ≅ $63 Hosted Hosted Hosted ≅ $52 

Incidentals ≅ $46 ≅ $31 ≅ $31 ≅ $31 ≅ $31 ≅ $26 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

60. There is substantial reason to believe that Repres

Butterfield had excess per diem for CODEL Hastings tha

not return to the U.S. Treasury. 

2. CODEL HASTINGS TO BELGIUM

61. During CODEL Hastings to Belgium, Repres

Butterfield received a per diem of $479.00. 36

62. According to the CODEL itinerary, at least three m

pear to have been provided at no cost to Representatives 

tended the CODEL. 37

63. Representative Butterfield’s meal and incidental 

that are estimated on the Federal Travel Regulations alloca

mula. 38

64. The estimated amount of meals and incidental exp

$314.00. 


steuser on CDPSPC2PFRM with HEARING
39See Letter from the Speaker of the House to the Secretary of State dated Ju

(Exhibit 12 at 10–6294l067); Itinerary for CODEL Cardin (June 28 to July 3, 20

13 at 10–6294l070–080); monthly per diem rates established by the Office of 

United States Department of State <available at http://aoprals.state.gov/web920/perl

40 Itinerary for CODEL Cardin (June 28 to July 3, 2009) (Exhibit 13 at 10–6294

65. Accordingly, the estimated excess per diem is $165.0

Codel Hastings to Belgium 

(April 15 to April 17, 2009) 

Meals & 

Incidentals 

Apr 15 Apr 16 Apr 17 

Breakfast ≅ $23 ≅ $23 ≅ $25 

Lunch ≅ $39 Hosted ≅ $42 

Dinner Hosted Hosted ≅ $67 

Incidentals ≅ $31 ≅ $31 ≅ $33 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

66. There is substantial reason to believe that Repres

Butterfield had excess per diem for CODEL Hastings tha

not return to the U.S. Treasury. 

3. CODEL CARDIN

67. During CODEL Cardin to Bosnia, Lithuania, and 

Representative Butterfield only traveled to Lithuania. He 

an enhanced per diem for meals and incidental expense

amount of $800.00. 39

68. According to the itinerary for CODEL Cardin, at le

teen meals appear to have been provided at no cost to Rep

tives who participated during the five days in Lithuania. 40


steuser on CDPSPC2PFRM with HEARING
41Letter from Captain John B. Nowell Jr. to Representative Butterfield, dated J

(Exhibit 14 at 10–6294 082). 42 41 C.F.R. ch. 301 App. B. 

69. Following the CODEL, Representative Butterfield o

military escort $64.69 for meals and other expenses that 

curred on behalf of Representative Butterfield. 41 An inv

sent to Representative Butterfield, dated July 15, 2009. 

70. The amount per diem remaining after the billed m

penses is $735.31. 

71. Representative Butterfield may have incurred meal 

dental expenses in addition to those owed to the militar

These additional expenses are estimated on the Federa

Regulations allocation formula. 42

72. The estimated amount of meals and incidental exp

$256.00. 


steuser on CDPSPC2PFRM with HEARING
43See Itinerary for CODEL Rush (August 25 to August 24, 2009) (Exhibit 

6294l084–094); monthly per diem rates established by the Office of Allowances, U

Department of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 44 Itinerary for CODEL Rush (August 25 to August 24, 2009) (Exhibit 15 at 10–

093). 

73. Accordingly, the estimated excess per diem is $480.00

Codel Hastings to Belgium 

(June 28 to July 3, 2009) 

Meals & 

Incidentals 

Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast Hosted Hosted Hosted Hosted Hosted 

Lunch Hosted Hosted Hosted Hosted Hosted 

Dinner ≅ $64 Hosted Hosted Billed Hosted 

Incidentals ≅ $32 ≅ $32 ≅ $32 ≅ $32 ≅ $32 

M&IE Received 

Billed 

Estimated M&IE 

Estimated Excess Per Diem 

74. There is substantial reason to believe that Repres

Butterfield had excess per diem for CODEL Cardin that he 

return to the U.S. Treasury. 

4. CODEL RUSH

75. During CODEL Rush to Liberia, Ghana, South Afr

Morocco, Representative Butterfield received per diem fo

and incidental expenses the amount of $1,050.00. 43

76. Representative Butterfield’s daughter attended the 

Per diem is only for a Representative’s personal lodging, m

incidental expenses and cannot be used for expenses incu

behalf of a Representative’s child. 

77. According to a partial itinerary for CODEL Rush, at 

teen meals appear to have been provided at no cost to Rep

tives who attended the ten-day trip. 44


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45Letter from Maj. Trevor L. Williams to Representative Butterfield, dated Aug

(Exhibit 16 at 10–6294l096). 46 Butterfield MOI (Exhibit 6 at 10–6294l023). 

78. Following the CODEL, Representative Butterfield o

military escort $732.92 meal and other expenses that were 

on behalf of Representative Butterfield and his daughter. 45

79. Representative Butterfield paid the $732.92, but did 

per diem to pay for the amount for his daughter. His expe

which he allocated per diem were $208.57. 46

80. The M&IE per diem remaining after the billed m

penses is $841.43. 

81. Representative Butterfield may have incurred meal 

dental expenses in addition to those owed to the militar


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47 41 C.F.R. ch. 301 App. B. 48 Insert cite to House Ethics Manual. 

These additional expenses are estimated on the Federa

Regulations allocation formula. 47

82. The estimated amount of meals and incidental exp

$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 & 

Incidentals 

Aug 

15 

Aug 

16 

Aug 

17 

Aug 

18 

Aug 

19 

Aug 

20 

Aug 

21 

Aug 

22 

Aug 

23 

Breakfast Billed Hosted Hosted Hosted Hosted Hosted Hosted Hosted 

Lunch Hosted Hosted ≅ $24 Billed Billed Hosted Hosted Billed 

Dinner Billed Hosted ≅ $39 ≅ $39 ≅ $53 Hosted ≅ $49 ≅ $44 Hosted 

Incidentals ≅ $18 ≅ $19 ≅ $19 ≅ $26 ≅ $24 ≅ $24 ≅ $22 ≅ $18 

M&IE Received 

Billed 

Estimated for M&IE 

Remaining 

84. As a result, there is substantial reason to believe t

resentative Butterfield’s per diem exceed his actual expe

CODEL Rush that he did not return to the U.S. Treasury. 

III. CONCLUSION

85. Pursuant to House Rule 10, clause 8, House Mem

posed on themselves a restriction on the use of per diem fo

travel. Specifically, House Members and staff may recei

bursement for expenses that is the lesser of: (1) the applic

diem; or (2) actual expenses. 

86. Pursuant to House Rule 23, clause 2, House Memb

adhere to the spirit and the letter of the rules. Accordingl

Rule 10, clause 8, requires the return to the U.S. Treasur

per diem that a Member receives that is in excess of the M

actual expenses. 

87. Pursuant to House Rule 23, clause 1, House Memb

conduct themselves at all times in a manner that sha

credibility on the House. Representative Butterfield’s pub

ments indicate that he may have retained excess per die

result, if there is a violation, it implicates House Rule 2

1 because it may be considered flagrant. 48

88. Based on the information available to the OCE du

Review, Representative Butterfield’s meals and incidental 

were less than the per diem he received to cover these 

during the following CODELs: CODEL Hastings (2008); 

Hastings (2008); CODEL Cardin; and CODEL Rush. 


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49 House Ethics Manual (2008) at 13. 

89. Based on the information available to the OCE du

Review, Representative Butterfield did not return any ex

diem for meal and incidental expenses. Therefore, there is 

tial reason to believe that he may have violated House 

clause 8; House Rule 23, clauses 1 and 2. 49

90. For these reasons, the Board recommends that th

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Butterfield

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

91. The OCE requested information from the U.S. Depar

State concerning letters of authorization for certain COD

records of Representative Butterfield returning excess p

The U.S. Department of State was cooperative with retrie

information but was unable to acquire proper authorizati

lease the documents to the OCE before the end of this Revi

92. The OCE requested information from the U.S. Air Fo

gressional Liaison Office concerning meal and other expe

curred on behalf of Representative Butterfield and reimb

Representative Butterfield. The U.S. Air Force Congressio

son Office was cooperative with discussing the informat

OCE staff but was unable to acquire proper authorizatio

lease the documents to the OCE before the end of this Revi


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