---
kind: "section"
citation: "5 U.S.C. § 3524"
title: "5"
title_heading: "Government Organization and Employees"
number: "3524"
heading: "Effect of subsequent employment with the Government"
release: "119-102"
url: "https://uscodex.org/usc/5/3524"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment"
  - "Subchapter II — Voluntary Separation Incentive Payments"
---

# §3524. Effect of subsequent employment with the Government

- (a) The term “employment”—
  - (1) in [subsection (b)](#b) includes [employment](#a) under a personal [services](/usc/5/8331.md?p=12) contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and
  - (2) in [subsection (c)](#c) does not include [employment](#a) under such a contract.
- (b) An individual who has received a voluntary separation incentive payment under this subchapter and accepts any [employment](#a) for compensation with the Government of the United States with[^1] 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](#a), the entire amount of the incentive payment to the [agency](/usc/5/3521.md?p=1) that paid the incentive payment.
- (c)
  - (1) If the [employment](#a) under this section is with an [agency](/usc/5/3521.md?p=1), other than the Government Accountability Office, the United States Postal [Service](/usc/5/8331.md?p=12), or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the [agency](/usc/5/3521.md?p=1), may[^2] waive the repayment if—
    - (A) the individual involved possesses unique abilities and is the only qualified applicant available for the [position](/usc/5/5531.md?p=2); 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](/usc/5/8331.md?p=12) are made necessary by the emergency.
  - (2) If the [employment](#a) 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](/usc/5/5531.md?p=2).
  - (3) If the [employment](#a) 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](/usc/5/5531.md?p=2).

## Footnotes

[^1]: So in original. Probably should be “within”.
[^2]: So in original.

## Source credit

(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)

## Notes

### 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.