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 work 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 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 during a calendar year becomes a Member or an officer or employee who is a noncareer officer or employee and who occupies 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 work pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule, such individual may not have outside earned income attributable to the portion of that calendar year which occurs after such individual becomes a Member or such an 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 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 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. (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as amended Pub. L. 101-194, Title VI §601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 101-280, §7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378, §4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.) § 502. Limitations on outside employment. (a) LIMITATIONS.—A Member or an officer or employee who is a noncareer officer or employee and who occupies 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 professional services involving a fiduciary relationship; (2) permit that Member's, officer's or employee's name to be used by any such firm, partnership, association, corporation, or other entity; 440.2 (3) receive compensation for practicing a profession which involves a fiduciary relationship; (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. (b) TEACHING COMPENSATION OF JUSTICES AND JUDGES RETIRED FROM REGULAR ACTIVE SERVICE.-For purposes of the limitation under section 501(a), 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 section 371(b) of title 28, United States Code; (2) when received by a judge of the United States retired from regular active service under section 371(b) of title 28, United States Code, for teaching performed during any calendar year for which such judge has met the requirements of subsection (f) of section 371 of title 28, United States Code, as certified in accordance with such subsection; or (3) when received by a justice or judge of the United States retired from regular active service under section 372(a) of title 28, United States Code. (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as amended Pub. L. 101-194, Title VI §601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 101-280, §7(a)(1),(b), May 4, 1990, 104 Stat. 161; Pub. L. 101-650, Title III, §319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198, §6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378, §4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.) 440.3 $503. Administration. This title shall be subject to the rules and regulations of— (A) the Committee on Standards of Official Conduct of the House of Representatives, with respect to Members, 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 subparagraph (A), the committee to which reports filed by such officers and employees under title I are transmitted under such title, except that the authority of this section may be delegated by such committee with respect to such officer and employees; (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. (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as amended § 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). (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as amended Pub. L. 101-194, Title VI, §601(a), Nov. 30, 1989, 103 Stat. 1760.) § 505. Definitions. For purposes of this title: (1) The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress. (2) The term "officer or employee” means an officer or employee of the Government except 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 anything 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 individual's status with the Government) 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. (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as amended Pub. L. 101-194, Title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 102-90, Title I, §6(b)(2)(3), Title III, §314(b), Aug. 14, 1991, 105 Stat. 450, 469.) 440.4 440.5 TITLE 10.-ARMED FORCES Chapter 2.-DEPARTMENT OF DEFENSE 441 § 114. Annual authorization of appropriations (a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for— (1) procurement of aircraft, missiles, or naval vessels; (2) any research, development, test, or evaluation, or procurement or production related thereto; (3) procurement of tracked combat vehicles; (4) procurement of other weapons; (5) procurement of naval torpedoes and related support equipment; (6) military construction; (7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments); (8) procurement of ammunition; or (9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments); unless funds therefor have been specifically authorized by law. (b) In subsection (a)(6), the term "military construction" includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which section 2353 of this title applies), any activity to which section 2807 of this title applies, any activity to which chapter 133 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23. Such term does not include any activity to which section 2821 or 2854 of this title applies. (c)(1) The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000. (2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777(a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1)) (A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and (B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31. (d) Funds may be appropriated for the armed forces for use as an emergency fund for research, development, test, and evaluation, or related procurement or production, only if the appropriation of the funds is authorized by law after June 30, 1966. (e) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces. § 115. Personnel strengths: requirement for annual authorization 44.1 (a) Congress shall authorize personnel strength levels for each fiscal year for each of the following: (1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (B) activeduty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel. (2) The end strength for the Selected Reserve of each reserve component of the armed forces. (3) The average military training student loads for each of the armed forces (other than the Coast Guard). (b) No funds may be appropriated for any fiscal year to or for(1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law; (2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; or (3) training military personnel in the training categories described in subsection (f) of any of the armed forces (other than the Coast Guard) unless the average student load of that armed force for that fiscal year has been authorized by law. (c) Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may— (1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by a number equal to not more than 0.5 percent of that end strength; and (2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength. (d) In counting active-duty personnel for the purpose of the endstrengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded: (1) Members of the Ready Reserve ordered to active duty under section 673 of this title. (2) Members of the Selected Reserve of the Ready Reserve ordered to active duty under section 673b of this title. (3) Members of the National Guard called into Federal service under section 3500 or 8500 of this title. (4) Members of the militia called into Federal service under chapter 15 of this title. |