U.S. Code » 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

5 U.S.C. § 3333

Employee affidavit; loyalty and striking against the Government

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(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.(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 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.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1968–2023 · leading case: United Fed'n of Postal Clerks v. Blount, 325 F. Supp. 879 (D.D.C. 1971).
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United Fed'n of Postal Clerks v. Blount, 325 F. Supp. 879 (D.D.C. 1971). · cites it 6× “§ 1918 , an affidavit required by 5 U.S.C. § 3333 to implement the above statutes, and Executive Order 11491, C.”
Paul E. Montplaisir v. Richard J. Leighton, 875 F.2d 1 (1st Cir. 1989). “, 5 U.S.C. § 3333 (a) (federal employees must execute affidavits attesting that they will not strike against the government), and these suitors admitted in their complaint that they knew a work stoppage would be *8 unlawful.”
Stewart v. Washington, 301 F. Supp. 610 (D.D.C. 1969). · cites it 4× “" This provision in the oath was required by 5 U.S.C. § 3333 . [1] Thus section 7311 of Title 5 of the U.”
United States v. Gary Greene, United States of Am. v. Harry L. Grant, United States of Am. v. Ronald A. May, 697 F.2d 1229 (5th Cir. 1983). “The force of defendants’ argument is diminished by the provisions of 5 U.S.C. § 3333 , which require that a federal employee execute an affidavit upon appointment stating that he is not striking and will not do so.”
Air Transp. Ass'n of Am. v. Prof'l Air Traffic Controllers Org., 453 F. Supp. 1287 (E.D.N.Y 1978). “See 5 U.S.C. § 3333 . 2 . Plaintiffs have alleged such damages exceeded $50,000,000.”
Air Transp. Ass'n v. Prof'l Air Traffic Controllers Org., 516 F. Supp. 1108 (E.D.N.Y 1981). “See 5 U.S.C. § 3333 . Section 2 of 18 U.S.C. provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.”
Haskett v. Washington, 294 F. Supp. 912 (D.D.C. 1968). · cites it 2× “3 5 U.S.C. § 3333 (Supp. II 1965-66) provides that each employee of the federal government shall, within 60 days of his employment, file an affidavit “that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title.”
Prof'l Air Traffic Controllers Org. v. United States Dep't of Transp., 529 F. Supp. 614 (D. Minnesota 1982). · cites it 2× “§ 7311 and 5 U.S.C. § 3333 . Section 7311 provides: An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (3) participates in a strike, or asserts the right to strike, against the Government of…”
Devine v. White, 697 F.2d 421 (D.C. Cir. 1983). “1982) (summarizing federal strike prohibitions); 5 U.S.C. §§ 3333 (a), 7120(f), 7311(3)-(4) (1976 & Supp.”
Robert L. Campbell v. Dep't of Transp., Faa, 735 F.2d 497 (Fed. Cir. 1984). “Challenges to the constitutionality of 5 U.S.C. §§ 3333 and 7311(3) and the board’s power to pass on constitutional questions.”
Ass'n of Am. Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898 (D.C. Cir. 1993). “§ 2902 (“officer[s] appointed by the President” must have commissions made out and sealed by the Secretary of State); 5 U.S.C. §§ 3333 , 7311 (anyone who accepts either “office or employment in the Government of the United States” required to swear their loyalty by affidavit).”
Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., 685 F.2d 547 (D.C. Cir. 1982). “Newly hired federal employees are required to execute an affidavit attesting that they have not struck and will not strike against the government, 5 U.S.C. § 3333 (a) (1976). In addition, since the inception of formal collective bargaining between federal employee unions and the…”
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