§3524 — Title 5 Government Organization and Employees | U.S. Code

Summary

If a person got a voluntary separation incentive payment and then takes a paid job with the U.S. government within 5 years of the date they left, they must pay back the full incentive to the agency that gave it before they start that job. For the repayment rule, working under a personal services or other direct contract with the U.S. government counts as employment, except when the job is with the legislative branch. For the waiver rules, those contracts do not count as employment. The Director of the Office of Personnel Management can waive the repayment for most executive agencies (not the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission) if the person has unique skills and is the only qualified applicant, or if an emergency threatens life or property and the person’s skills are needed and will be used only temporarily. Leaders in the legislative branch can waive repayment for the same “unique skills and only qualified applicant” reason. The Director of the Administrative Office of the U.S. Courts can do the same for judicial branch hires.

Title 5, §3524

Government Organization and Employees — Source: USLM XML via OLRC

(a)The term “employment”—

(1)in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and

(2)in subsection (c) does not include employment under such a contract.

(b)An individual who has received a voluntary separation incentive payment under this subchapter and accepts any employment for compensation with the Government of the United States with 11 So in original. Probably should be “within”. 5 years after the date of the separation on which the payment is based shall be required to pay, before the individual’s first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment.

(c)(1)If the employment under this section is with an agency, other than the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, may 22 So in original. waive the repayment if—

(A)the individual involved possesses unique abilities and is the only qualified applicant available for the position; or

(B)in case of an emergency involving a direct threat to life or property, the individual—

(i)has skills directly related to resolving the emergency; and

(ii)will serve on a temporary basis only so long as that individual’s services are made necessary by the emergency.

(2)If the employment under this section is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

(3)If the employment under this section is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (c)(1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission” in introductory provisions. 2004—Subsec. (c)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Nov. 25, 2002, see section 1313(a)(4) of Pub. L. 107–296, set out as a note under section 3521 of this title.

§3524 Effect of Subsequent Employment with the Government