LIMITATIONS ON OUTSIDE EARNED INCOME AND EMPLOYMENT.

SEC. 601. LIMITATIONS ON OUTSIDE EARNED INCOME AND EMPLOYMENT. (a) Limitations.—Title V of the Ethics in Government Act of 1978 is amended to read as follows: “TITLE V—GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND EMPLOYMENT “SEC. 501. OUTSIDE EARNED INCOME LIMITATION. “(a) Outside Earned Income Limitation.— “(1) Except as provided by paragraph (2), a Member or an officer or employee who is not a career civil servant and whose rate of basic pay is equal to or greater than the annual rate of basic pay in effect for grade GS–16 of the General Schedule under section 5332 of title 5, United States Code, 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. “(2) In the case of any individual who becomes a Member or an officer or employee who is not a career civil servant and whose rate of basic pay is equal to or greater than the annual rate of basic pay in effect for grade GS–16 of the General Schedule during a calendar year, such individual may not have outside earned income attributable to the portion of that calendar year which occurs after such individual becomes a Member, officer or employee 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 multiplied by a fraction the numerator of which is the number of days such individual is a Member, officer or employee during such calendar year and the denominator of which is 365. “(b) Honoraria Prohibition.—An individual may not receive any honorarium while that individual is a Member, officer or employee. “(c) Treatment of Charitable Contributions.—Any honorarium which, except for subsection (b), might be paid to a Member, officer or employee, but which is paid instead on behalf of such Member, officer or employee to a charitable organization, shall be deemed not to be received by such Member, officer or employee. No such payment shall exceed $2,000 or be made to a charitable organization from which such individual or a parent, sibling, spouse, child, or dependent relative of such individual derives any financial benefit. 103 STAT. 1761 “SEC. 502. LIMITATIONS ON OUTSIDE EMPLOYMENT. “A Member or an officer or employee who is not a career civil servant and whose rate of basic pay is equal to or greater than the annual rate of basic pay in effect for grade GS–16 of the General Schedule shall not— “(1) affiliate with or be employed by a firm, partnership, association, corporation, or other entity to provide professional services which involves a fiduciary relationship for compensation; “(2) permit that Member’s, officer’s, or employee’s name to be used by any such firm, partnership, association, corporation, or other entity; “(3) practice a profession which involves a fiduciary relationship for compensation; “(4) serve for compensation as an officer or member of the board of any association, corporation, or other entity; or “(5) receive compensation for teaching, without the prior notification and approval of the appropriate entity referred to in section 503. “SEC. 503. ADMINISTRATION. “This title shall be subject to the rules and regulations of— “(1) and administered by the committee of the House of Representatives assigned responsibility for administering the reporting requirements of title I with respect to Members, officers and employees of the House of Representatives; “(2) the Office of Government Ethics and administered by designated agency ethics officials with respect to officers and employees of the executive branch; and “(3) and administered by the Judicial Conference of the United States (or such other agency as it may designate) with respect to officers and employees of the judicial branch. “SEC. 504. CIVIL PENALTIES. “(a) Civil Action.—The Attorney General may bring a civil action in any appropriate United States district court against any individual who violates any provision of section 501 or 502. The court in which such action is brought may assess against such individual a civil penalty of not more than $10,000 or the amount of compensation, if any, which the individual received for the prohibited conduct, whichever is greater. “(b) Advisory Opinions.—Any entity described in section 503 may render advisory opinions interpreting this title, in writing, to individuals covered by this title. Any individual to whom such an advisory opinion is rendered and any other individual covered by this title who is involved in a fact situation which is indistinguishable in all material aspects, and who, after the issuance of such advisory opinion, acts in good faith in accordance with its provisions and findings shall not, as a result of such actions, be subject to any sanction under subsection (a). “SEC. 505. DEFINITIONS. “For purposes of this title: “(1) The term ‘Member’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress. “(2) The term ‘officer or employee’ means any officer or employee of the Government except (A) any individual (other 103 STAT. 1762than the Vice President) whose compensation is disbursed by the Secretary of the Senate or (B) any special Government employee (as defined in section 202 of title 18, United States Code). “(3) The term ‘honorarium’ means a payment of money or any thing of value for an appearance, speech or article by a Member, officer or employee, excluding any actual and necessary travel expenses incurred by such individual (and one relative) to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed. “(4) The term ‘travel expenses’ means, with respect to a Member, officer or employee, or a relative of any such individual, the cost of transportation, and the cost of lodging and meals while away from his or her residence or principal place of employment. “(5) The term ‘charitable organization’ means an organization described in section 170(c) of the Internal Revenue Code of 1986.”. (b) Conforming Amendments.— (1) Section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i) is amended— (A) in subsection (a) by striking “No person while an elected or appointed officer or employee of the Federal Government” and by inserting “No person while a Senator or officer or employee of the Senate”, and by striking “accept” the first place it appears; and (B) in subsection (b) by striking “an elected or appointed officer or employee of any branch of the Federal Government” and by inserting “a Senator or any officer or employee of the Senate”. (2) Section 908(a)(3) of the Supplemental Appropriations Act, 1983 (2 U.S.C. 31–1(a)(3)), is amended to read as follows: “(3) ‘Member’ means a Senator, and”.