Honoraria

• Federal law bans acceptance of honoraria by Executive Branch employees, which includes military members, for speeches, articles, or appearances (5 U.S.C. App 501(b))
  • "Honorarium" means a payment of money or anything of value for an appearance, speech, or article, excluding any actual and necessary travel expenses incurred by such individual (and one relative)
• The Government is appealing the lower federal court rulings which declared unconstitutional the Executive Branch ban prohibiting employees and military members from accepting honoraria
  • On 8 November 1994, the United States Supreme Court heard oral arguments in this case. The final decision is expected by June 1995
• During the pendency of the appeal to the Supreme Court, military members and civilian employees may accept honoraria for speeches, articles, and appearances if they do not relate to the member's or employee's official duties
  • Department of Justice will not seek remedies against members who properly accept honoraria during the pendency of the appeal if the Government prevails at the Supreme Court
    • This policy does not affect the enforcement of any other statutory or regulatory provisions that restrict or prohibit the acceptance of honoraria by Executive Branch employees
• Other restrictions regulating honoraria include the following:
  
  NOTE: The Supreme Court determined that the honoraria restriction was unconstitutional as applied to military personnel O-6 and below and civilian employees GS-15 and below (these were the categories of the plaintiffs in the court case). The Department of Justice has decided that it will not enforce the honoraria restriction at all.
  • 18 U.S.C | 209 prohibits employees and military members from accepting from an outside source any salary or contribution to or supplementation of salary as compensation for their services as employees of the Executive Branch or military members
  • Presidential appointees to full-time noncareer positions may not receive any outside earned income for outside employment or other outside activity performed during their Presidential appointments (5 CFR 2636.304, 2636.307)