290 
‘‘(1) CHARITABLE
ORGANIZATION.—The term 
‘charitable organization’ means an organization de-
scribed in section 170(c) of the Internal Revenue 
Code of 1986 (26 U.S.C. 170(c)). 
‘‘(2) HONORARIUM.—The term ‘honorarium’ 
means a payment of money or any thing of value for 
an appearance, speech or article (including a series 
of appearances, speeches, or articles if the subject 
matter is directly related to the individual’s official 
duties or the payment is made because of the indi-
vidual’s status with the Government) by a Member, 
officer or employee, excluding any actual and nec-
essary 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. 
‘‘(3) MEMBER.—The term ‘Member’ means a 
Senator in, a Representative in, or a Delegate or 
Resident Commissioner to, the Congress. 
‘‘(4) OFFICER OR EMPLOYEE.—The term ‘offi-
cer or employee’ means any officer or employee of 
the Government except any special Government em-
ployee (as defined in section 202 of title 18).
291 
‘‘(5) TRAVEL EXPENSES.—The term ‘travel ex-
penses’ 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 prin-
cipal place of employment. 
‘‘§ 13142. Administration 
‘‘This subchapter shall be subject to the rules and 
regulations of— 
‘‘(1) and administered by— 
‘‘(A) the Committee on Ethics of the 
House of Representatives, with respect to Mem-
bers, officers, and employees of the House of 
Representatives; and 
‘‘(B) in the case of Senators and legislative 
branch officers and employees other than those 
officers and employees specified in subpara-
graph (A), the committee to which reports filed 
by such officers and employees under sub-
chapter I are transmitted under that sub-
chapter, except that the authority of this sec-
tion may be delegated by such committee with 
respect to such officers and employees; 
‘‘(2) the Office of Government Ethics and ad-
ministered by designated agency ethics officials with
292 
respect to officers and employees of the executive 
branch; and 
‘‘(3) and administered by the Judicial Con-
ference of the United States (or such other agency 
as it may designate) with respect to officers and em-
ployees of the judicial branch. 
‘‘§ 13143. Outside earned income limitation 
‘‘(a) OUTSIDE EARNED INCOME LIMITATION.— 
‘‘(1) IN
GENERAL.—Except as provided by 
paragraph (2), a Member or an officer or employee 
who is a noncareer officer or employee and who oc-
cupies a position classified above GS–15 of the Gen-
eral Schedule or, in the case of positions not under 
the General Schedule, for which the rate of basic 
pay is equal to or greater than 120 percent of the 
minimum rate of basic pay payable for GS–15 of the 
General Schedule, may not in any calendar year 
have outside earned income attributable to such cal-
endar year which exceeds 15 percent of the annual 
rate of basic pay for level II of the Executive Sched-
ule under section 5313 of this title, as of January 
1 of such calendar year. 
‘‘(2) PORTION OF YEAR.—In the case of any in-
dividual who during a calendar year becomes a 
Member or an officer or employee who is a non-
293 
career officer or employee and who occupies a posi-
tion classified above GS–15 of the General Schedule 
or, in the case of positions not under the General 
Schedule, for which the rate of basic pay is equal to 
or greater than 120 percent of the minimum rate of 
basic pay payable for GS–15 of the General Sched-
ule, such individual may not have outside earned in-
come attributable to the portion of that calendar 
year which occurs after such individual becomes a 
Member or such an officer or employee which ex-
ceeds 15 percent of the annual rate of basic pay for 
level II of the Executive Schedule under section 
5313 of this title, 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 
or such 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
CONTRIBU-
TIONS.—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 em-
ployee to a charitable organization, shall be deemed not
294 
to be received by such Member, officer or employee. No 
such payment shall exceed $2,000 or be made to a chari-
table organization from which such individual or a parent, 
sibling, spouse, child, or dependent relative of such indi-
vidual derives any financial benefit. 
‘‘§ 13144. Limitations on outside employment 
‘‘(a) LIMITATIONS.—A Member or an officer or em-
ployee who is a noncareer officer or employee and who oc-
cupies a position classified above GS–15 of the General 
Schedule or, in the case of positions not under the General 
Schedule, for which the rate of basic pay is equal to or 
greater than 120 percent of the minimum rate of basic 
pay payable for GS–15 of the General Schedule shall 
not— 
‘‘(1) receive compensation for affiliating with or 
being employed by a firm, partnership, association, 
corporation, or other entity which provides profes-
sional services involving a fiduciary relationship; 
‘‘(2) permit that Member’s, officer’s, or employ-
ee’s name to be used by any such firm, partnership, 
association, corporation, or other entity; 
‘‘(3) receive compensation for practicing a pro-
fession which involves a fiduciary relationship;
295 
‘‘(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 appro-
priate entity referred to in section 13142 of this 
title. 
‘‘(b) TEACHING COMPENSATION OF JUSTICES AND 
JUDGES RETIRED FROM REGULAR ACTIVE SERVICE.— 
For purposes of the limitation under section 13143(a) of 
this title, any compensation for teaching approved under 
subsection (a)(5) of this section shall not be treated as 
outside earned income— 
‘‘(1) when received by a justice of the United 
States retired from regular active service under sec-
tion 371(b) of title 28; 
‘‘(2) when received by a judge of the United 
States retired from regular active service under sec-
tion 371(b) of title 28, for teaching performed dur-
ing any calendar year for which such judge has met 
the requirements of subsection (e) of section 371 of 
title 28, as certified in accordance with such sub-
section; or
296 
‘‘(3) when received by a justice or judge of the 
United States retired from regular active service 
under section 372(a) of title 28. 
‘‘§ 13145. Civil penalties 
‘‘(a) CIVIL ACTION.—The Attorney General may 
bring a civil action in any appropriate United States dis-
trict court against any individual who violates any provi-
sion of section 13143 or 13144 of this title. 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 re-
ceived for the prohibited conduct, whichever is greater. 
‘‘(b) ADVISORY OPINIONS.—Any entity described in 
section 13142 of this title may render advisory opinions 
interpreting this subchapter, in writing, to individuals cov-
ered by this subchapter. Any individual to whom such an 
advisory opinion is rendered and any other individual cov-
ered by this subchapter 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).
297 
‘‘§ 13146. Conditional termination 
‘‘This subchapter shall cease to be effective if the pro-
visions of section 703 of the Ethics Reform Act of 1989 
(Public Law 101–194, 5 U.S.C. 5318 note) are repealed.’’. 
SEC. 4. TECHNICAL AMENDMENTS. 
(a) AMENDMENTS TO UPDATE REFERENCES
TO 
FEDERAL ADVISORY COMMITTEE ACT.— 
(1) Section 204(b) (matter before paragraph 
(1)) of the Unfunded Mandates Reform Act of 1995 
(2 U.S.C. 1534(b) (matter before paragraph (1)) is 
amended by striking ‘‘The Federal Advisory Com-
mittee Act (5 U.S.C. App.)’’ and inserting ‘‘Chapter 
10 of title 5, United States Code,’’. 
(2) Section 3(8)(B)(vi) of the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1602(8)(B)(vi)) is 
amended by striking ‘‘the Federal Advisory Com-
mittee Act;’’ and inserting ‘‘chapter 10 of title 5, 
United States Code;’’. 
(3) Section 411(c)(1)(B) of title 3, United 
States Code, is amended by striking ‘‘section 3(2) of 
the Federal Advisory Committee Act;’’ and inserting 
‘‘section 1001 of title 5;’’. 
(4) Section 2(6) of the Negotiated Rulemaking 
Act of 1990 (Public Law 101–648, 5 U.S.C. 561 
note) is amended by striking ‘‘the Federal Advisory
298 
Committee Act (5 U.S.C. App.).’’ and inserting 
‘‘chapter 10 of title 5, United States Code.’’. 
(5) Section 562(7) of title 5, United States 
Code, is amended by striking ‘‘the Federal Advisory 
Committee Act’’ and inserting ‘‘chapter 10 of this 
title’’. 
(6) Section 11(e)(1) of the Administrative Dis-
pute Resolution Act of 1996 (Public Law 104–320, 
5 U.S.C. 563 note) is amended by striking ‘‘section 
9 of the Federal Advisory Committee Act (5 U.S.C. 
App.)’’ and inserting ‘‘section 1008 of title 5, United 
States Code,’’. 
(7) Section 565(a)(1) of title 5, United States 
Code, is amended by striking ‘‘the Federal Advisory 
Committee Act’’ and inserting ‘‘chapter 10 of this 
title’’. 
(8) Section 566 of title 5, United State Code, 
is amended— 
(A) in subsection (c), by striking ‘‘section 
10(e) of the Federal Advisory Committee Act,’’ 
and inserting ‘‘section 1009(e) of this title,’’; 
(B) in subsection (d)(3), by striking ‘‘sec-
tion 10(b) and (c) of the Federal Advisory 
Committee 
Act,’’ 
and 
inserting 
‘‘section 
1009(b) and (c) of this title,’’; and
299 
(C) in subsection (g), by striking ‘‘section 
10(b) and (c) of the Federal Advisory Com-
mittee Act.’’ and inserting ‘‘section 1009(b) and 
(c) of this title.’’. 
(9) Section 568(c) (matter before paragraph 
(1)) of title 5, United States Code, is amended by 
striking ‘‘section 7(d) of the Federal Advisory Com-
mittee Act,’’ and inserting ‘‘section 1006(d) of this 
title,’’. 
(10) Section 8473(f) of title 5, United States 
Code, is amended by striking ‘‘Section 14(a)(2) of 
the Federal Advisory Committee Act’’ and inserting 
‘‘Section 1013(a) of this title’’. 
(11) Section 606 of the Intelligence Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–306, 
6 U.S.C. 101 note) is amended— 
(A) in the section heading, by striking 
‘‘FEDERAL ADVISORY COMMITTEE ACT’’ 
and inserting ‘‘CHAPTER 10 OF TITLE 5, 
UNITED STATES CODE’’; and 
(B) in subsection (a), by striking ‘‘The 
Federal Advisory Committee Act (5 U.S.C. 
App.)’’ and inserting ‘‘Chapter 10 of title 5, 
United States Code,’’.
300 
(12) Section 210D(h) of the Homeland Security 
Act of 2002 (6 U.S.C. 124k(h)) is amended— 
(A) in the subsection heading, by striking 
‘‘THE FEDERAL ADVISORY COMMITTEE ACT’’ 
and inserting ‘‘CHAPTER
10 OF
TITLE
5, 
UNITED STATES CODE’’; and 
(B) in section text, by striking ‘‘The Fed-
eral Advisory Committee Act (5 U.S.C. App.)’’ 
and inserting ‘‘Chapter 10 of title 5, United 
States Code,’’. 
(13) Section 232(b)(2) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 162(b)(2)) is amended by 
striking ‘‘the Federal Advisory Committee Act (5 
U.S.C. App.))’’ and inserting ‘‘chapter 10 of title 5, 
United States Code)’’. 
(14) Section 311(i) of the Homeland Security 
Act of 2002 (6 U.S.C. 191(i)) is amended— 
(A) in the subsection heading, by striking 
‘‘FEDERAL ADVISORY COMMITTEE ACT EX-
EMPTION’’ and inserting ‘‘EXEMPTION FROM 
CHAPTER 10 OF TITLE 5, UNITED STATES 
CODE’’; and 
(B) in text, by striking ‘‘Section 14 of the 
Federal Advisory Committee Act’’ and inserting 
‘‘Section 1013 of title 5, United States Code,’’.
301 
(15) Section 508(e) of the Homeland Security 
Act of 2002 (6 U.S.C. 318(e)) is amended— 
(A) in the subsection heading, by striking 
‘‘FEDERAL ADVISORY COMMITTEE ACT’’ and 
inserting ‘‘CHAPTER 10 OF TITLE 5, UNITED 
STATES CODE’’; 
(B) in paragraph (1), by striking ‘‘the 
Federal Advisory Committee Act (5 U.S.C. 
App.), including subsections (a), (b), and (d) of 
section 10 of such Act,’’ and inserting ‘‘chapter 
10 of title 5, United States Code, including sub-
sections (a), (b), and (d) of section 1009 of title 
5, United States Code,’’; and 
(C) in paragraph (2), by striking ‘‘Section 
14(a)(2) of the Federal Advisory Committee 
Act (5 U.S.C. App.)’’ and inserting ‘‘Section 
1013(a)(2) of title 5, United States Code,’’. 
(16) Section 871(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 451(a)) is amended by strik-
ing ‘‘Public Law 92–463,’’ and inserting ‘‘chapter 
10 of title 5, United States Code,’’. 
(17) Section 1016(g)(4) of the National Secu-
rity Intelligence Reform Act of 2004 (6 U.S.C. 
485(g)(4)) is amended—
302 
(A) in the paragraph heading, by striking 
‘‘FEDERAL ADVISORY COMMITTEE ACT’’ and in-
serting ‘‘CHAPTER
OF
TITLE
5, UNITED 
STATES CODE’’; and 
(B) in text, by striking ‘‘the Federal Advi-
sory Committee Act (5 U.S.C. App.).’’ and in-
serting ‘‘chapter 10 of title 5, United States 
Code.’’. 
(18) Section 2224(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 673(b)) is amended by strik-
ing ‘‘the Federal Advisory Committee Act (5 U.S.C. 
App. 2).’’ and inserting ‘‘chapter 10 of title 5, 
United States Code.’’. 
(19) Section 2(a)(15)(E) of the Commodity Ex-
change Act (7 U.S.C. 2(a)(15)(E)) is amended— 
(A) in the subparagraph heading, by strik-
ing ‘‘FACA’’ and inserting ‘‘CHAPTER 10 OF 
TITLE 5, UNITED STATES CODE’’; and 
(B) in text, by striking ‘‘the Federal Advi-
sory Committee Act (5 U.S.C. App.).’’ and in-
serting ‘‘chapter 10 of title 5, United States 
Code.’’. 
(20) Section 21(b) of the United States Grain 
Standards Act (7 U.S.C. 87j(b)) is amended by 
striking ‘‘the Federal Advisory Committee Act (5
303 
U.S.C. App. 2).’’ and inserting ‘‘chapter 10 of title 
5, United States Code.’’. 
(21) Section 3(c)(11)(F) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a(c)(11)(F)) is amended— 
(A) in the subparagraph heading, by strik-
ing ‘‘FEDERAL ADVISORY COMMITTEE ACT’’ and 
inserting ‘‘CHAPTER 10 OF TITLE 5, UNITED 
STATES CODE’’; and 
(B) in text, by striking ‘‘The Federal Advi-
sory Committee Act (5 U.S.C. App.)’’ and in-
serting ‘‘Chapter 10 of title 5, United States 
Code,’’. 
(22) Section 5 of the Research Facilities Act (7 
U.S.C. 390c) is amended— 
(A) in the section heading, by striking 
‘‘FEDERAL ADVISORY COMMITTEE ACT’’ 
and inserting ‘‘CHAPTER 10 OF TITLE 5, 
UNITED STATES CODE’’; and 
(B) in text, by striking ‘‘The Federal Advi-
sory Committee Act (5 U.S.C. App.)’’ and in-
serting ‘‘Chapter 10 of title 5, United States 
Code,’’. 
(23) Section 3a(c)(2) of the Act of March 3, 
1927 (7 U.S.C. 473a(c)(2)) is amended by striking
304 
‘‘The Federal Advisory Committee Act (5 U.S.C. 
App.)’’ and inserting ‘‘Chapter 10 of title 5, United 
States Code,’’. 
(24) Section 5 of the Act of August 23, 1935 
(7 U.S.C. 511d) is amended by striking ‘‘the Fed-
eral Advisory Committee Act,’’ and inserting ‘‘chap-
ter 10 of title 5, United States Code,’’. 
(25) Section 2(b)(3)(B) of the Mandatory Price 
Reporting Act of 2010 (Public Law 111–239, 7 
U.S.C. 1635k note) is amended— 
(A) in the subparagraph heading, by strik-
ing ‘‘FEDERAL ADVISORY COMMITTEE ACT’’ and 
inserting ‘‘CHAPTER
OF
TITLE
5, UNITED 
STATES CODE’’; and 
(B) in text, by striking ‘‘the Federal Advi-
sory Committee Act (5 U.S.C. App.).’’ and in-
serting ‘‘chapter 10 of title 5, United States 
Code.’’. 
(26) Section 205(e) of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 
1725(e)) is amended— 
(A) in the subsection heading, by striking 
‘‘ADVISORY COMMITTEE ACT’’ and inserting 
‘‘CHAPTER 10 OF TITLE 5, UNITED STATES 
CODE’’; and