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Title 5 — Government Organization and EmployeesRelease 119-73not60

§3333 Employee Affidavit; Loyalty and Striking Against the Government

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

Last updated Apr 3, 2026|Official source

Summary

People who take a job or an office with the U.S. government or the D.C. government must sign a sworn statement within 60 days after starting. The statement must say that taking and keeping the job does not and will not break section 7311. That signed statement serves as initial proof that the person’s job does not violate section 7311. If someone works for the government for less than 60 days doing emergency work to save lives or prevent property damage, they do not have to sign the statement. That exception does not stop the person from being held responsible 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 3, 2026

Release point: 119-73not60