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5 U.S.C. § 13144Limitations on outside employment

submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 384 words · no verdicts yet

in plain englishAI-generated · not legal advice

Senior Members and high-level noncareer officers and employees cannot take paid work with firms offering fiduciary professional services, cannot let such firms use their name, cannot be paid to practice a fiduciary profession themselves, cannot take paid board positions, and cannot be paid to teach without prior approval. Retired federal judges who teach under approval keep that teaching pay outside the outside-income cap.

(a) Limitations: A Member, or a noncareer officer or employee above GS-15 (or the equivalent pay level outside the General Schedule), cannot: (1) get paid for affiliating with or being employed by a firm, partnership, association, corporation, or other entity that provides professional services involving a fiduciary relationship; (2) let such an entity use their name; (3) get paid for practicing a profession that involves a fiduciary relationship; (4) serve for pay as an officer or board member of any association, corporation, or other entity; or (5) get paid to teach, unless they first notify and get approval from the entity named in section 13142. (b) Teaching compensation of justices and judges retired from regular active service: For purposes of the outside-income cap in section 13143(a), approved teaching pay under (a)(5) above does not count as outside earned income (1) for a U.S. Supreme Court justice retired under 28 U.S.C. § 371(b); (2) for a federal judge retired under 28 U.S.C. § 371(b), for teaching done in a year they have met 28 U.S.C. § 371(e)'s requirements, as certified; or (3) for a justice or judge retired under 28 U.S.C. § 372(a). (c) Limitation on treatment as fiduciary relationship: For this section, when a Member who is a Representative, Delegate, or Resident Commissioner personally provides medical or dental care to a patient, that doctor-patient relationship is not treated as a "fiduciary relationship" under this section.
the actual law source: uscode.house.gov ↗public domain
(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;

(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 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 section 371(b) of title 28;

(2)

when received by a judge of the United States retired from regular active service under section 371(b) of title 28, for teaching performed during 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 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.

(c)Limitation on Treatment as Fiduciary Relationship.—

For purposes of this section, the relationship between a Member who is a Representative in, or Delegate or Resident Commissioner to, the Congress and who is providing care directly to a patient in the form of medical services or dental services and the patient to whom such care is provided shall not be considered a fiduciary relationship.

Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4304; Pub. L. 119–37, div. C, title I, § 116(a), Nov. 12, 2025, 139 Stat. 571.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-286 · 136 Stat. 4304
  • 2025Amended · Pub. L. 119-37 · 139 Stat. 571

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.

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