5 U.S.C. § 13144

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 13144 - Limitations on outside employment

(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.

5 U.S.C. § 13144

Pub. L. 117-286, §3(c), Dec. 27, 2022, 136 Stat. 4304.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
13144	5 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 TEXTGS-15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.

Member

The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.