" ! 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. 10–0754 


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

WASHINGTON : 

58–386 

" ! 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. 10–0754 

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 Joe Wilson 

NATURE OF THE ALLEGED VIOLATION: During the 

riod from March 2008 to May 2010, Representative Joe Wi

ticipated in various Congressional Delegation trips abroa

public statements attributed to Representative Wilson indi

he may have used the per diem for impermissible purpose

various trips. 

If Representative Wilson’s actual meal and incidental 

for foreign travel were less than the per diem received an

not return the excess per diem, he may have violated Ho

10, clause 8 and 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 WILSON RECEIVED PER DIEM IN EXCESS OF HIS 

TUAL 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 Wilson Made Public Statements Indicating T

He May Have Used Per Diem for Impermissible Purposes ...

C. Representative Wilson’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 Wilson Meal and Incidental 

penses Provide Substantial Reason to Believe That His Ex

Per Diem Was More Than a De Minimis is Amount for Cer

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

E. Representative Wilson Did Not Return Any Excess Per D

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

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

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


steuser on CDPSPC2PFRM with HEARING
(3) 

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

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

(Exhibit 1 at 10–0754—002). 3 Memorandum of Interview of Commission on Security and Cooperation in E

Manager, June 3, 2010 (Exhibit 2 at 10–0754—006); Memorandum of Interview of 

mittee on Foreign Affairs Travel Coordinator, June 2, 2010 (‘‘HCFA Travel Coordi

(Exhibit 3 at 10–0754—006); and Memorandum of Interview of House Armed Se

mittee Travel Coordinator (‘‘HASC Travel Coordinator MOI’’), June 8, 2010 (Exhi

754—014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–0754 

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 10–0754—017). 5Memorandum of Interview of Representative Joe Wilson, June 11, 2010 (‘‘Wilson 

hibit 6 at 10–0754—022–023). 6 According to the Resolution, the Board must vote on whether to conduct a secon

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 Wilson acknowledged publically be

commencement of the OCE’s Review that he used per diem 

penses other than meals and incidentals.4 During the Re

acknowledged that he used per diem for expenses other tha

and incidentals, which suggests that he had excess per diem

A. SUMMARY OF ALLEGATIONS

5. Based on the information presented before the Office 

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

that Representative Joe Wilson may have violated House 

clause 8 and House Rule 23, clauses 1 and 2 by retainin

per diem when his actual meal and incidental expenses w

than the per diem that he received during various Cong

Delegation trips (‘‘CODELs’’). 

B. JURISDICTIONAL STATEMENT

6. The allegations that were the subject of this Review 

Representative Wilson, a Member of the United State H

Representatives from the 2nd District of South Carolina. T

lution the United States House of Representatives adopted 

the OCE directs that, ‘‘[n]o review shall be undertaken . . 

board of any alleged violation that occurred before the date 

tion of this resolution.’’ The House adopted this Resolu

March 11, 2008. The conduct under Review occurred afte

11, 2008. 

C. PROCEDURAL HISTORY

7. The OCE received a written request for a preliminary 

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 Joe Wilson to Chairman David Skaggs and Co-Chai

Goss, dated July 19, 2010 (Exhibit 7 at 10–0754—026–029). 9 H. Res. 895, 110th Cong., Section 1(c)(1)(A) (2008) (as amended). 

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

scheduled to end on July 12, 2010.7

10. Representative Wilson submitted a written statemen

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

vestigations, 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 Wilson; 

(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 WILSON RECEIVED PER DIEM IN 

OF HIS ACTUAL MEAL AND INCIDENTAL EXPENSE

ING CERTAIN CODELS AND RETAINED THE EXCE

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 determ

appropriately 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 to tr

side the United States or its territories or possessions 

A member or employee shall be reimbursed for the exp

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 t

tation) 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 10–0754—049). 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 10–0754—017). 18 Id. 19 Wilson MOI (Exhibit 6 at 10–0754—023). 

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 WILSON MADE PUBLIC STATEMENTS IND

THAT HE MAY HAVE USED PER DIEM FOR IMPERMISSIBLE PU

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

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

30. A statement attributed to Representative Wilson in 

cle indicated that he may have used per diem for imper

purposes. 

31. According to the article: ‘‘Rep. Joe Wilson (R., Ind.) 

once bought marble goblets in the Kabul airports as gifts f

stituents.’’ 18

32. During an interview with the OCE, Representative 

confirmed that the article accurately described his statemen

C. REPRESENTATIVE WILSON’S USE OF PER DIEM FOR EXPENSE

THAN MEALS AND INCIDENTALS PROVIDES SUBSTANTIAL RE

BELIEVE THAT HE HAD EXCESS PER DIEM AND HE DID NOT 

EXCESS PER DIEM

33. Representative Wilson used per diem for expenses ot

his lodging meals, and incidentals. 


steuser on CDPSPC2PFRM with HEARING
20 Id. at 10–0754—022. 21 Id. at 10–0754—022–023. 22 Wilson MOI (Exhibit 6 at 10–0754—022). 

34. He told the OCE that he may have used some of 

diem to purchase souvenirs. As an example, he described 

statue of Kamal Ataturk that he bought in Turkey, which c

sits on his desk in his Congressional office. He also describ

per diem to purchase flags from foreign countries which he 

in his Congressional office.20

35. When specifically asked about his purchase of marbl

from Afghanistan, Representative Wilson stated that 

brought back marble goblets in the past. He described a sh

arcade of the airport in Kabul where one can buy a se

goblets for either $10 or $12—the witness could not recall

purchased two sets. When he returned from the CODEL 

‘‘Afghanistan 2009’’ on the bottom of the goblets and gave 

veterans and people who have served in Afghanistan and 

family. He did not think he used per diem to purchase th

because he bought them at the end of the trip and he did n

he had any per diem left. He does not use the per diem to p

souvenirs for his family or constituents.21

36. Representative Wilson stated he did not have any 

per diem on CODEL Skelton because his wife was on that 

explained that he had to reimburse others for money that 

borrowed, implying that his per diem was used for at lea

of her travel expenses. 

37. Spouses of Representatives may travel on CODELs, b

travel at no expense to the government. 

38. Representative Wilson’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. 

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

resentative Wilson had excess per diem for certain CODEL

D. ESTIMATES OF REPRESENTATIVE WILSON’S MEAL AND INC

EXPENSES PROVIDE SUBSTANTIAL REASON TO BELIEVE THAT 

CESS PER DIEM WAS MORE THAN A DE MINIMIS AMOUNT F

TAIN CODELS

40. Representative Wilson told the OCE that he did n

tain complete records of expenses that he incurred on 

that he attended during the time period from March 2008 

2010.22

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

of his meal and incidental expenses for each CODEL is u

42. Consequently, the OCE used estimates of expenses 

mine whether it appeared that Representative Wilson reta

cess per diem that was more than a de minimis amount. 

43. 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. 


steuser on CDPSPC2PFRM with HEARING
23 Id. at 10–0754—023. 24 Id. 25 HASC Travel Coordinator MOI (Exhibit 4 at 10–0754—013). 

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

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

taining any records of his or her actual expenses. 

E. REPRESENTATIVE WILSON DID NOT RETURN ANY EXCESS PE

FOR MEALS AND INCIDENTAL EXPENSES

45. Representative Wilson told the OCE that he does no

that he had any excess per diem for any CODELs becaus

end of trips because he vividly recalls only having enoug

for a taxi upon arrival in the U.S.23

46. Therefore, he did not return any excess per diem 

CODEL.24

47. The three relevant CODELs that Representative W

tended were all organized by the House Committee on Arm

ices. 

48. The Travel Coordinator for the House Committee o

Services is responsible for reporting the amount of per d

Members received and recording any excess per diem th

bers of Congress or staff returned. She told the OCE that 

received excess per diem from Representatives and staff for 

CODELs, which was returned to her by checks made payab

U.S. Treasury.25

49. 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. 

50. There is substantial reason to believe that Repres

Wilson had excess per diem for certain CODELs and he di

turn per diem, even when there were procedures in place 

to return the per diem. 


steuser on CDPSPC2PFRM with HEARING
26 M&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. 27 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

28 See Itinerary for CODEL Skelton (February 18 to February 21, 2009) (Exhi

0754—052–077); monthly per diem rates established by the Office of Allowances, U

Department of Stateμ<available at http://aoprals.state.gov/web920/per—diem.asp.> 29 Itinerary for CODEL Skelton (February 18 to February 21, 2009) (Exhibit 9 a

052–077). 30 Wilson MOI (Exhibit 6 at 10–0754—023). 

51. Although, the available evidence does not establish t

amount of actual expenses for Representative Wilson’s C

after estimating meal and incidental expenses, there is su

reason to believe that Representative Wilson retained ex

diem from the following CODELs: 

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE 

Per Diem26

Estimated 

Expenses 27

CODEL Skelton to Hawaii, Guam, Iwo 

Jima, Korea, and Okinawa Feb 18 to Feb 

21, 2009 

$365.00 ≅ $187.00 

CODEL Tsongas to Iraq, 

Kuwait, Afghanistan, 

Pakistan, and Bahrain Apr 4 to Apr 11, 

2009 

$518.00 ≅ $392.00 

CODEL Murphy to Turkey, 

Afghanistan, Kuwait, Iraq, Qatar, and 

Germany Aug 4 to Aug 10, 

2009 

$525.00 ≅ $401.00 

Total $1,408.00 ≅ $980.00 

1. CODEL SKELTON

52. During CODEL Skelton to Hawaii, Guam, Iwo Jima

and Okinawa, Representative Wilson received an enhan

diem for M&IE in the amount of $365.00, for his expense

Jima, Korea, and Okinawa.28

53. Representative Wilson’s wife attended the CODEL. P

is only for a Representative’s personal lodging, meals, a

dental expenses and cannot be used for expenses incurred o

of a Representative’s spouse. 

54. According to the itinerary for CODEL Skelton, at l

meals appear to have been provided at no cost to Represe

who participated during the five days in Iwo Jima, Korea, 

nawa.29

55. Following the CODEL, Representative Wilson owed 

tary escort $144.31 for meals and other expenses that 

curred on behalf of Representative Wilson and his wife.3


steuser on CDPSPC2PFRM with HEARING
31 Email from Maj. Toby Patterson to Barb Calligan, et al., dated February 24, 2

10 at 10–0754—079). 32 41 C.F.R. ch. 301 App. B. 

voice was sent to Representative Wilson, dated Febru

2009.31

56. Of the $144.31 expenses, $68.96 appears to be for Re

ative Wilson’s expenses. The remaining $75.35 appears t

penses for his wife. 

57. The amount of M&IE per diem remaining after the b

penses for four meals is $296.00. 

58. Representative Wilson may have incurred incide

penses in addition to those in the Air Force expenses shee

expenses are estimated on the Federal Travel Regulation

tion formula.32

59. The estimated amount of additional incidental exp

$118.00. 


steuser on CDPSPC2PFRM with HEARING
33 Wilson MOI (Exhibit 6 at 10–0754—023). 34 See Itinerary for CODEL Tsongas (April 4 to April 11, 2009) (Exhibit 11 at 10–

085); monthly per diem rates established by the Office of Allowances, United States 

of State <available at http://aoprals.state.gov/web920/per—diem.asp.> 35 Itinerary for CODEL Tsongas (April 4 to April 11, 2009) (Exhibit 11 at 10–0754

36 41 C.F.R. ch. 301 App. B. 

60. Accordingly, the estimated excess per diem is $178.00

Codel Skelton to Hawaii, Guam, Iwo Jima, Korea, and Okinawa 

(February 18 to February 21, 2009) 

Meals & 

Incidentals 

Feb 18 Feb 19 Feb 20 

Breakfast Hosted Billed ≅ $19 

Lunch Billed Hosted Billed 

Dinner Hosted Hosted Billed 

Incidentals ≅ $24 ≅ $24 ≅ $25 

M&IE Received 

Billed 

Estimated for M&IE 

Remaining 

61. Representative Wilson told the OCE that he did no

any per diem for this CODEL.33

62. There is substantial reason to believe that Repres

Wilson had excess per diem for CODEL Skelton that he di

turn to the U.S. Treasury. 

2. CODEL TSONGAS

63. During CODEL Tsongas to Iraq, Kuwait, Afghanista

stan, and Bahrain, Representative Wilson received per 

meals and incidental expenses in the amount of $518.00.34

64. According to the CODEL itinerary, at least five meal

to have been provided at no cost to the Representatives 

tended the CODEL.35

65. Representative Wilson’s meal and incidental expen

were are estimated on the Federal Travel Regulations a

formula.36

66. The estimated amount of meals and incidental exp

$392.00. 


steuser on CDPSPC2PFRM with HEARING
37 Wilson MOI (Exhibit 6 at 10–0754—023). 38 See Itinerary for CODEL Murphy (August 4 to August 10, 2009) (Exhibit 12 a

087–093); monthly per diem rates established by the Office of Allowances, United St

ment of State <available at http:// http://aoprals.state.gov/web920/per—diem.asp.

39 Itinerary for CODEL Murphy (August 4 to August 10, 2009) (Exhibit 12 at 10–

093). 40 41 C.F.R. ch. 301 App. B. 

67. Accordingly, the estimated excess per diem is $126.00

Codel Tsongas to Iraq, Kuwait, Afghanistan, Pakistan, and Bahrain 

(April 4 to April 11, 2009) 

Meals & 

Incidentals 

Apr 5 Apr 6 Apr 7 Apr 8 Apr 9 Apr 10 

Breakfast ≅ $16 $0.00 ≅ $16 ≅ $21 ≅ $4 Hosted 

Lunch ≅ $27 $0.00 ≅ $27 ≅ $34 Hosted Hosted 

Dinner ≅ $44 $0.00 ≅ $44 ≅ $55 Hosted Hosted 

Incidentals ≅ $22 $0.00 ≅ $22 ≅ $27 ≅ $6 ≅ $27 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

68. Representative Wilson told the OCE that he did no

any per diem for this CODEL.37

69. There is substantial reason to believe that Repres

Wilson had excess per diem for CODEL Tsongas that he 

return to the U.S. Treasury. 

3. CODEL MURPHY

70. During CODEL Murphy to Turkey, Afghanistan, 

Iraq, Qatar, and Germany, Representative Wilson rece

diem for meals and incidental expenses in the amount of $5

71. According to the CODEL itinerary, at least seven m

pear to have been provided at no cost to the Representat

attended the CODEL.39

72. Representative Wilson’s meal and incidental expen

were incurred are estimated on the Federal Travel Regula

location formula. 40

73. The estimated amount of meals and incidental exp

$401.00. 


steuser on CDPSPC2PFRM with HEARING
41 Wilson MOI (Exhibit 6 at 10–0754—023). 42 House Ethics Manual (2008) at 13. 

74. Accordingly, the estimated excess per diem is $124.00

Codel Murphy to Turkey, Afghanistan, Kuwait, Iraq, Qatar, and Germany 

(August 4 to August 10, 2009) 

Meals & Incidentals Aug 4 Aug 5 Aug 6 Aug 7 Aug 8 Aug 9 

Breakfast ≅ $18 ≅ $4 ≅ $17 Hosted ≅ $2 ≅ $21 

Lunch Hosted Hosted Hosted Hosted ≅ $3 ≅ $36 

Dinner ≅ $49 Hosted ≅ $45 ≅ $44 Hosted ≅ $57 

Incidentals ≅ $24 ≅ $5 ≅ $23 ≅ $22 ≅ $2 ≅ $29 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

75. Representative Wilson told the OCE that he did no

any per diem for this CODEL.41

76. There is substantial reason to believe that Repres

Wilson had excess per diem for CODEL Murphy that he di

turn to the U.S. Treasury. 

III. CONCLUSION

77. 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. 

78. 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. 

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

conduct themselves at all times in a manner that sha

credibility on the House. Representative Wilson’s public sta

indicate that he may have retained excess per diem. As 

if there is a violation, it implicates House Rule 23, clause 1 

it may be considered flagrant.42

80. Based on the information available to the OCE du

Review, Representative Wilson’s meals and incidental 

were less than the per diem he received to cover these 

during the following CODELs: CODEL Skelton; CODEL 

and CODEL Murphy. 

81. Based on the information available to the OCE du

Review, Representative Wilson did not return any excess p

for meal and incidental expenses. Therefore, there is su

reason to believe that he may have violated House Rule 1

8; House Rule 23, clauses 1 and 2. 


steuser on CDPSPC2PFRM with HEARING
82. For these reasons, the Board recommends that th

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Wilson. 

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

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

State concerning letters of authorization for certain COD

records of Representative Wilson returning excess per di

U.S. Department of State was cooperative with retrieving t

mation but was unable to acquire proper authorization to 

the documents to the OCE before the end of this Review. 

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

gressional Liaison Office concerning meal and other expe

curred on behalf of Representative Wilson and reimbursed 

resentative Wilson. The U.S. Air Force Congressional Liais

was cooperative with discussing the information with O

but was unable to acquire proper authorization to release t

ments to the OCE before the end of this Review. 


steuser on CDPSPC2PFRM with HEARING