§ 13144 — Limitations On Outside Employment

(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.