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56 FR 1721: Limitations on Outside Employment and Prohibition of Honoraria; Confidential Reporting of Payments to Charities In Lieu of Honoraria

January 17, 1991

The Office of Government Ethics is issuing a new part 2636 of title 5 of the Code of Federal Regulations to implement 5 U.S.C. app. 501 through 505, as added by title VI of the Ethics Reform Act of 1989, and the related reporting requirement contained in 5 U.S.C. app. 102(a)(1)(A), as added by title 11 of the Reform Act. As applied to the executive branch, section 501(b) prohibits the receipt of any honorarium by any officer or employee, other than a special government employee. Section 501(c) permits certain payments in lieu of honoraria to be made to qualifying charitable organizations. The officer or employee on whose behalf a payment to a charitable organization is made is required by section 102(a)(1)(A) to file a confidential report identifying the charitable recipients. Section 501(a) and 502 impose a number of additional limitations and restrictions that apply to certain senior-level noncareer officers and employees. These include a per annum limitation on the receipt of outside earned income; compensation and other restrictions applicable to professions which involve a fiduciary relationship; a restriction on receipt of compensation for serving as an officer or member of the board of any association, corporation or other entity; and a requirement to obtain advance authorization to engage in teaching for compensation. These provisions take effect on January 1, 1991. Sections 501 through 505 cease to be effective if the salary increase provisions of section 703 of the Ethics Reform Act of 1989 are repealed.

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