§13144 — Title 5 Government Organization and Employees | U.S. Code

Summary

Members of Congress and noncareer officers or employees who are paid above GS‑15 or at least 120 percent of the GS‑15 minimum must not be paid to join or work for firms that give professional services that create a fiduciary relationship. They also must not let those firms use their name, be paid to practice a fiduciary profession, serve for pay as an officer or board member, or accept pay for teaching unless they first notify and get approval under section 13142. Approved teaching pay will not count as outside earned income under section 13143(a) in three specific retirement cases listed in the law (section 371(b) of title 28, section 371(e) of title 28 as certified for a year, and section 372(a) of title 28). When a Representative, Delegate, or Resident Commissioner personally gives medical or dental care to a patient, that relationship is not treated as a fiduciary relationship.

Title 5, §13144

Government Organization and Employees — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 131445 U.S.C. App. (EGA § 502)Pub. L. 95–521, title V, § 502, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761; amended 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)(3), Oct. 2, 1992, 106 Stat. 1357. 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.”

§13144 Limitations on outside employment