Limitations on outside employment

5 U.S.C. § 13144

• Title: 5 — Government Organization and Employees
• Chapter: SUBCHAPTER III—LIMITATIONS ON OUTSIDE EARNED INCOME AND EMPLOYMENT

Text

(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.

History

(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.)

Editorial Notes

In subsection (b)(2), the words "subsection (e) of section 371 of title 28" are substituted for "subsection (f) of section 371 of title 28" for clarity and to update an obsolete reference in the law. Subsection (f) of section 371 of title 28, United States Code, was redesignated as subsection (e) by section 654(a)(1)(B) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398, §1 [div. A, title VI, §654(a)(1)(B)], 114 Stat. 1654, 1654A–165).

Editorial Notes

References in Text
GS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.

Amendments
2025—Subsec. (c). Pub. L. 119–37 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment
Pub. L. 119–37, div. C, title I, §116(b), Nov. 12, 2025, 139 Stat. 571, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to compensation received in fiscal year 2026 or any succeeding fiscal year."