PRIA Logo™
Take the PRIA Score
Title 5 — Government Organization and EmployeesRelease 119-73

§3333 Employee affidavit; loyalty and striking against the Government

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER II— - OATH OF OFFICE › § 3333

Last updated Apr 6, 2026|Official source

Summary

Anyone who takes a job or office with the U.S. government or the D.C. government must sign an affidavit within 60 days saying that taking and holding the position does not and will not violate section 7311 of this title. That signed affidavit counts as initial proof of compliance. If a person is hired for less than 60 days to do sudden emergency work involving loss of human life or destruction of property, they do not have to file the affidavit. They can still be held liable if they break section 7311.

Full Legal Text

Title 5, §3333

Government Organization and Employees — Source: USLM XML via OLRC

(a)Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.
(b)An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118q.Aug. 9, 1955, ch. 690, § 2, 69 Stat. 624. [Uncodified].
June 29, 1956, ch. 479, § 3 (as applicable to the Act of Aug. 9, 1955, ch. 690, § 2, 69 Stat. 624), 70 Stat. 453. The section is restated for clarity and to conform to the style of section 3332. In subsection (a), the words “after
August 9, 1955” are omitted as executed. The words “if the affidavit is executed prior to acceptance of such office or employment” are omitted as unnecessary. The words “From and after
July 1, 1956”, appearing in the Act of
June 29, 1956, are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3333

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73