I
103D CONGRESS
1ST SESSION
H. R. 1095
To amend the Ethics in Government Act of 1978 with respect to honoraria,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. FRANK of Massachusetts (for himself, Mr. HOYER, Mrs. MORELLA, and
Mr. HANSEN) introduced the following bill; which was referred jointly to
the Committees on the Judiciary, Post Office and Civil Service, House
Administration, and Armed Services
A BILL
To amend the Ethics in Government Act of 1978 with
respect to honoraria, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ethics in Government
Act Amendments of 1993’’.
SEC. 2. MODIFICATION OF PROHIBITION OF HONORARIA.
Section 501(b) of the Ethics in Government Act of
1978, as amended by the Ethics Reform Act of 1989 and
Public Law 101–280, is amended—
(1) by striking ‘‘An individual’’ and inserting
‘‘(1) Except as provided in paragraph (2), an indi-
vidual’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) Subject to subparagraph (B), paragraph (1)
shall not apply to an honorarium paid to an officer or em-
ployee for an appearance, a speech, or an article published
in a bona fide publication if—
‘‘(i) the purpose of the appearance, or the sub-
ject of the speech or article, does not relate pri-
marily to the responsibilities, policies, or programs
of the agency or office in which the individual is em-
ployed, and does not involve the use of Government
time, property or other resources of the Government,
or nonpublic Government information;
‘‘(ii) the reason for which the honorarium is
paid is unrelated to that individual’s official duties
or status as such officer or employee; and
‘‘(iii) the person offering the honorarium has no
interests that may be substantially affected by the
performance or nonperformance of that individual’s
official duties.
‘‘(B) Subparagraph (A) shall not apply to an officer
or employee who is—
‘‘(i) a Member, or
‘‘(ii) a noncareer officer or employee employed
in a position for which the rate of basic pay, exclu-
sive of any locality-based pay adjustment under sec-
tion 5302 of title 5 (or any comparable adjustment
pursuant to interim authority of the President) is
equal to or greater than the rate of basic pay pay-
able for Level V of the Executive Schedule.
‘‘(C) A statement of the source, date, and amount
of any honorarium accepted by an individual under sub-
paragraph (A) shall be included in any report required by
such individual by section 101 or section 107 of this Act.
‘‘(D) The amount of any honorarium accepted under
subparagraph (A) shall not exceed the usual and cus-
tomary fee for the services for which the honorarium is
paid, up to a maximum of $2,000.’’.
SEC. 3. REGULATIONS.
Section 503 of the Ethics in Government Act of 1978
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘This’’; and
(2) by adding at the end the following:
‘‘(b) PRIOR NOTIFICATION
OF ACCEPTANCE
OF
HONORARIA.—(1)(A) Rules and regulations issued under
subsection (a) shall include procedures under which indi-
‘‘(3) Any person who fails to notify the appropriate
entity, pursuant to procedures established under para-
graph (1), before accepting honoraria—
‘‘(A) shall pay, for deposit in the general fund
of the Treasury, an amount equal to the value of the
honoraria involved; and
‘‘(B) shall be subject to appropriate disciplinary
and other remedial action in accordance with appli-
cable laws, Executive orders, and rules or regula-
tions.
The entity administering rules and regulations issued
under paragraph (1) may, in accordance with procedures
established in such rules and regulations, waive any pen-
alty 
under 
this 
paragraph 
in 
extraordinary 
cir-
cumstances.’’.
SEC. 4. DEFINITION OF HONORARIUM.
Section 505(3) of the Ethics in Government Act of
1978 is amended by striking ‘‘if the subject matter’’ and
all that follows through ‘‘Government’’.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
(a) LIMITATION
ON POSTEMPLOYMENT RESTRIC-
TIONS.—Section 207(j) of title 18, United States Code,
is amended by adding at the end the following new para-
graph:
‘‘(7) POLITICAL PARTIES AND CAMPAIGN COM-
MITTEES.—(A) Except as provided in subparagraph
(B), the restrictions contained in subsections (c),
(d), and (e) shall not apply to a communication or
appearance made solely on behalf of a candidate, in
his or her capacity as a candidate, an authorized
committee, a national committee, a national Federal
campaign committee, a State committee, or a politi-
cal party.
‘‘(B) Subparagraph (A) shall not apply to—
‘‘(i) any communication to, or appearance
before, the Federal Election Commission by a
former officer or employee of the Federal Elec-
tion Commission;
‘‘(ii) any communication to, or appearance
before, an employee (as defined in section 2105
of title 5) of an Executive agency (as defined in
section 105 of title 5), unless the employee is—
‘‘(I) an employee of the Executive Of-
fice of the President;
‘‘(II) the head or assistant head of an
Executive department or a military depart-
ment (as such terms are defined in sec-
tions 101 and 102 of title 5); or
‘‘(III) an employee appointed by the
President, by and with the advice and con-
sent of the Senate;
‘‘(iii) any communication or appearance re-
ferred to in subparagraph (A) that is made by
a person on any matter in which that person
also represents, as agent or attorney or other-
wise, anyone other than a person or entity de-
scribed in subparagraph (C); or
‘‘(iv) a communication or appearance that
is made by—
‘‘(I) a person who is subject to the re-
strictions of subsection (c) or (d) if the
communication or appearance is made be-
fore an officer or employee of a depart-
ment or agency, other than the Executive
Office of the President, and if that person
is also representing, aiding, or advising
anyone else (other than the United States
or a person or entity referred to in sub-
paragraph (C)) in any matter pending be-
fore that department or agency;
‘‘(II) a person who is subject to the
restrictions of subsection (e)(1)(A) and
who is also representing, aiding, or advis-
ing anyone else (other than the United
States or a person or entity referred to in
subparagraph (C)) in any matter pending
before either House of Congress or any
legislative office of the Congress;
‘‘(III) a person who is subject to the
restrictions of subsection (e)(2)(A) and
who is also representing, aiding, or advis-
ing anyone else (other than the United
States or a person or entity referred to in
subparagraph (C)) in any matter pending
before any person described in subsection
(e)(2)(B);
‘‘(IV) a person who is subject to the
restrictions of subsection (e)(3) and who is
also representing, aiding, or advising any-
one else (other than the United States or
a person or entity referred to in subpara-
graph (C)) in any matter pending before
the committee by which the former em-
ployee was employed;
‘‘(V) a person who is subject to the
restrictions of subsection (e)(5)(A) and
who is also representing, aiding, or advis-
ing anyone else (other than the United