not been offered or enhanced because of the
Member’s or employee’s official position; or
(B) resulting from his or her outside busi-
ness or employment activities when it is clear
that such benefits have not been offered or en-
hanced because of his or her official status.
(5) POLITICAL
EVENTS.—A Member or em-
ployee may accept meals, lodgings, transportation
and other benefits, including free attendance at
events, when provided in connection with active par-
ticipation in political management or political cam-
paigns by a political organization described in sec-
tion 527(e) of the Internal Revenue Code of 1986.
(6) WIDELY
ATTENDED
GATHERINGS
AND
OTHER EVENTS.—
(A) SPEAKING
AND
SIMILAR
ENGAGE-
MENTS.—When a Member or employee partici-
pates as a speaker or panel participant or oth-
erwise presents information related directly or
indirectly to the Congress or matters before the
Congress at a conference or other event, his or
her acceptance of an offer of free attendance at
the event on the day of the presentation is per-
missible when provided by the sponsor of the
event. The Member’s or employee’s participa-
tion in the event on that day represents a cus-
tomary and necessary part of the performance
of his or her responsibilities and does not in-
volve a gift to him or to the Congress.
(B) WIDELY ATTENDED GATHERINGS.—(i)
A Member or employee may accept a sponsor’s
unsolicited gift of free attendance at all or ap-
propriate parts of a widely attended gathering
of mutual interest to a number of parties. A
gathering is widely attended if, for example, it
is open to members from throughout a given in-
dustry or profession or if those in attendance
represent a range of persons interested in a
given matter.
(ii) A gathering is not widely attended if it
is a congressional retreat to which a majority of
Members of either House of Congress or the
majority of the Members of a political party in
one or both Houses are invited and which is
held outside the United States Capitol grounds.
(C) FREE ATTENDANCE.—For purposes of
subparagraphs (A) and (B), free attendance
may include waiver of all or part of a con-
ference or other fee or the provision of food, re-
freshments, entertainment, instruction and ma-
terials furnished to all attendees as an integral
part of the event. It does not include travel ex-
penses, lodgings, entertainment collateral to the
event, or meals taken other than in a group set-
ting with all other attendees.
(D) COST
PROVIDED
BY
SPONSOR
OF
EVENT.—The cost of the Member’s or employ-
ee’s attendance will not be considered to be pro-
vided by the sponsor where a person other than
the sponsor designates the Member or employee
to be invited and bears the cost of the Mem-
ber’s or employee’s attendance through a con-
tribution or other payment intended to facilitate
that Member’s or employee’s attendance. Pay-
ment of dues or a similar assessment to a spon-
soring organization does not constitute a pay-
ment intended to facilitate a particular Mem-
ber’s or employee’s attendance.
(E) ACCOMPANYING SPOUSE.—When oth-
ers in attendance will generally be accompanied
by spouses, a Member or employee may accept
a sponsor’s invitation to an accompanying
spouse to participate in all or a portion of the
event at which the Member’s or employee’s free
attendance is permitted under subparagraph
(A) or (B).
(7) PROTOCOL EXCEPTION.—A Member or em-
ployee who is on official travel to a foreign area or
who is attending an event sponsored by a foreign
government may accept food, refreshments, or enter-
tainment in the course of such travel or event pro-
vided that such acceptance is in accordance with any
rules that the Ethics Committee may establish.
(8) GIFTS ACCEPTED UNDER SPECIFIC STATU-
TORY AUTHORITY.—The prohibitions on acceptance
of gifts contained in this Act do not apply to any
item, receipt of which is specifically authorized by
statute.
(9) ITEMS PRIMARILY FOR FREE DISTRIBUTION
TO
CONSTITUENTS.—A Member or employee may
accept food or other items of minimal value intended
primarily for free distribution to visiting constitu-
ents.
SEC. 5. PROPER DISPOSITION OF PROHIBITED GIFTS.
(a) IN GENERAL.—A Member or employee who has
received a gift that cannot be accepted under this Act
shall—
(1) return any tangible item to the donor or
pay the donor its market value (a Member or em-
ployee who cannot ascertain the actual market value
of an item may estimate its market value by ref-
erence to the retail cost of similar items of like
quality);
(2) when it is not practical to return a tangible
item because it is perishable, the item may be given
to an appropriate charity or destroyed;
(3) for any entertainment, favor, service, bene-
fit or other intangible, reimburse the donor the mar-
ket value (subsequent reciprocation by the employee
does not constitute reimbursement); and
(4) dispose of gifts from foreign governments or
international organizations in accordance with rules
established by the Ethics Committee.
(b) USE
OF APPROPRIATED FUNDS TO RETURN
GIFTS.—A Member or employee may use appropriated
funds and franked mail to return gifts.
(c) PROMPT COMPLIANCE.—A Member or employee
who, on his own initiative, promptly complies with the re-
quirements of this section will not be deemed to have im-
properly accepted an unsolicited gift. A Member or em-
ployee who promptly consults his Ethics Committee to de-
termine whether acceptance of an unsolicited gift is proper
and who, upon the advice of the Ethics Committee, re-
turns the gift or otherwise disposes of the gift in accord-
ance with this section, will be considered to have complied
with the requirements of this section on his own initiative.
SEC. 6. CHARITABLE DESIGNATION OF OUTSIDE EARNED
INCOME.
Subsection (c) of section 501 of the Ethics in Govern-
ment Act of 1978 is repealed.
SEC. 7. REPEAL OF OLD RULE.
Section 901 of the Ethics Reform Act of 1989 (2
U.S.C. 31–2) is repealed.
SEC. 8. ACCEPTANCE OF TRAVEL AND RELATED EXPENSES
FROM NON-FEDERAL SOURCES.
(a) IN GENERAL.—The Ethics Committees shall pre-
scribe rules establishing the conditions under which their
respective Houses may accept payment, or authorize a
Member or employee to accept payment on the House’s
behalf, from non-Federal sources for travel, subsistence,
and related expenses with respect to attendance of the
Member or employee (or the spouse of such Member or
employee) at any meeting or similar function relating to
the official duties of the Member or employee. Any cash
payment so accepted shall be credited to the appropriation
applicable to such expenses. In the case of a payment in
kind so accepted, a pro rata reduction shall be made in
any entitlement of the Member or employee to payment
from the Government for such expenses.
(b) RULES.—The rules prescribed pursuant to sub-
section (a) shall—
(1) require that the Ethics Committee approve
in advance all travel for which related expenses are
to be reimbursed;
(2) condition such approval on a determination
by the Ethics Committee that acceptance of reim-
bursement would not cause a reasonable person with
knowledge of all the facts relevant to a particular
case to question the integrity of the Member, the
Congress or congressional operations; and
(3) prohibit reimbursement for items beyond
those reasonably necessary for the Member or em-
ployee to participate in the event.
(c) GENERAL PROHIBITION.—Except as provided in
this section or any other statute, no Member, employee,
or House of Congress may accept payment in cash or in
kind for expenses referred to in subsection (a).
A Mem-
ber or employee who accepts any such payment in violation
of the preceding sentence—
(1) may be required, in addition to any penalty
provided by law, to repay, for deposit in the general
fund of the Treasury, an amount equal to the
amount of the payment so accepted; and
(2) in the case of a repayment under paragraph
(1), shall not be entitled to any payment from the
Government for such expenses.
(d) REPORTS.—
(1) IN
GENERAL.—The Ethics Committees
shall, in the manner provided in paragraph (2), pub-
lish in the Congressional Record reports of payments
of more than $250 accepted under this section.
(2) CONTENTS.—The reports required by para-
graph (1) shall, with respect to each payment—
(A) specify the amount and method of pay-
ment, the name of the person making the pay-
ment, the name of the Member or employee, the
nature of the meeting or similar function, the
time and place of travel, the nature of the ex-
penses, and such other information as the Eth-
ics Committee may prescribe;
(B) be submitted not later than May 31 of
each year with respect to payments in the pre-
ceding period beginning on October 1 and end-
ing on March 31; and
(C) be submitted not later than November
30 of each year with respect to payments in the
preceding period beginning on April 1 and end-
ing on September 30.