5 U.S.C. § 3333 — Employee affidavit; loyalty and striking

Page 415 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3333 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 16. R.S. § 1757. May 13, 1884, ch. 46, §§ 2, 3, 23 Stat. 22. All but the quoted language in R.S. § 1757 is omitted as obsolete since R.S. § 1757 was originally an alter- native oath to the oath prescribed in R.S. § 1756 which oath was repealed by the Act of May 13, 1884, ch. 46, § 2, 23 Stat. 22. The words ‘‘An individual, except the Presi- dent, . . . in the civil service or uniformed services’’ are substituted for ‘‘any person . . . either in the civil, mili- tary, or naval service, except the President of the United States’’. The second sentence of former section 16 is changed to read, ‘‘This section does not affect other oaths required by law.’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 3332. Officer affidavit; no consideration paid for appointment An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 21a. Dec. 11, 1926, ch. 4, § 1, 44 Stat. 918. Mar. 2, 1927, ch. 284, 44 Stat. 1346. Sept. 23, 1950, ch. 1010, § 10, 64 Stat. 987. The section is restated for clarity and conciseness. The term ‘‘officer’’ is coextensive with and substituted for ‘‘Each individual appointed hereafter as a civil offi- cer of the United States by the President, by and with the advice and consent of the Senate, or by the Presi- dent alone, or by a court of law, or by the head of a de- partment’’ in view of the definition of ‘‘officer’’ in sec- tion 2104. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 3333. Employee affidavit; loyalty and striking against the Government (a) Except as provided by subsection (b) of this section, an individual who accepts office or em- ployment 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 evi- dence 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 indi- vidual 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes 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 exe- cuted prior to acceptance of such office or employ- ment’’ 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS Editorial Notes AMENDMENTS 1998—Pub. L. 105–277, div. C, title I, § 151(c)(2), Oct. 21, 1998, 112 Stat. 2681–616, substituted ‘‘DETAILS, VACAN- CIES, AND APPOINTMENTS’’ for ‘‘DETAILS’’ as sub- chapter heading. Statutory Notes and Related Subsidiaries FEDERAL ROTATIONAL CYBER WORKFORCE PROGRAM Pub. L. 117–149, June 21, 2022, 136 Stat. 1289, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Federal Rotational Cyber Workforce Program Act of 2021’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code, except that the term does not include the Government Accountability Office. ‘‘(2) COMPETITIVE SERVICE.—The term ‘competitive service’ has the meaning given that term in section 2102 of title 5, United States Code. ‘‘(3) COUNCILS.—The term ‘Councils’ means— ‘‘(A) the Chief Human Capital Officers Council es- tablished under section 1303 of the Chief Human Capital Officers Act of 2002 [Pub. L. 107–296, title XIII] (5 U.S.C. 1401 note); and ‘‘(B) the Chief Information Officers Council estab- lished under section 3603 of title 44, United States Code. ‘‘(4) CYBER WORKFORCE POSITION.—The term ‘cyber workforce position’ means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 [Pub. L. 114–113, div. N, title III] (5 U.S.C. 301 note). ‘‘(5) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Personnel Management. ‘‘(6) EMPLOYEE.—The term ‘employee’ has the meaning given the term in section 2105 of title 5, United States Code.