§ 3374. Assignments of employees from State or local governments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Intergovernmental Personnel Act of 1970

   Pub. L. 91–648 title IV § 402(a) · 84 Stat. 1909

   Enacted · 5 U.S.C. § 3374

   Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1923

   Source evidence

   Code source credit
   Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1923

   Enacted provision · exact public law section
   (a) Chapter 33 of title 5, United States Code, is amended by inserting the following new subchapter at the end thereof: “Subchapter VI— Assignments To and From States “§3371. Definitions “For the purpose of this subchapter— “(1) ‘State’ means— “(A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and “(B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality; and “(2) ‘local government’ means— “(A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1); and “(B) any general or special purpose agency of such a political subdivision, instrumentality, or authority. “§3372. General provisions “(a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of an executive agency may arrange for the assignment of— “(1) an employee of his agency to a State or local government; and “(2) an employee of a State or local government to his agency; for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of an executive agency may extend the period of assignment for not more than two additional years. “(b) This subchapter is authority for and applies to the assignment of— “(1) an employee of an executive agency to an institution of higher education; and “(2) an employee of an institution of higher education to an executive agency. “§3373. Assignment of employees to State and local governments “(a) An employee of an executive agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either— “(1) on detail to a regular work assignment in his agency; or “(2) on leave without pay from his position in the agency. An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any 60 Stat. 842. 28 USC 2671. other Federal tort liability statute apply to an employee so assigned. The supervision of the. duties of an employee on detail may be governed by agreement between the executive agency and the State or local government concerned. “(b) The assignment of an employee of an executive agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the executive agency used for paying the travel and transportation expenses or pay. “(c) For any employee so assigned and on leave without pay— “(1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the, agency in an amount equal to the difference between the State or local government rate and the agency rate; “(2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and “(3) he is entitled, notwithstanding other statutes— “(A) to continuation of his insurance under chapter 87 of 80 Stat. 592. 5 USC 8701, 8901. this title, and coverage under chapter 89 of this title or other applicable authority, so long as lie pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions; “(B) to credit the period of his assignment under this sub-chapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the executive agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and “(C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supple-mental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title. However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Civil Service Commission determines to be similar. The executive agency shall deposit currently in the Employee’s Life Insurance Fund, the Employee’s Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government’s contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3). “(d) (1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. “(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government 80 Stat. 564. 5 USC 8331. for injury or disability to himself covering the same period of time. This provision does not— “(A) bar the right of a claimant to the greater benefit conferred by either the State or local government Or subchapter III of chapter 83 of this title for any part of the same period of time; “(B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or “(C) deny any concurrent benefit to him from the State or local government on account of the death of another individual. “§3374. Assignments of employees from State or local governments “(a) An employee of a State or local government who is assigned to an executive agency under an arrangement under this subchapter may— “(1) be appointed in the executive agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or “(2) be deemed on detail to the executive agency. “(b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or 5 USC 5101, 5331. other applicable law, and is deemed an employee of the executive agency for all purposes except— “(1) subchapter III of chapter 83 of this title or other applicable retirement system; “(2) chapter 87 of this title; and “(3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. “(c) During the period of assignment, a State or local government employee on detail to an executive agency— “(1) is not entitled to pay from the agency; “(2) is deemed an employee of the agency for the purpose of chapter 73 of this title, sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, section 638a of title 31, 76 Stat. 1121. 62 Stat. 722. 60 Stat. 810. 60 Stat. 842. 28 USC 2671. and the Federal Tort Claims Act and any other Federal tort liability statute; and “(3) is subject to such regulations as the President may prescribe. The supervision of the duties of such an employee may be governed by agreement between the executive agency and the State or local government concerned. A detail of a State or local government employee to an executive agency may be made with or without reimbursement by the executive agency for the pay, or a part, thereof, of the employee during the period of assignment. “(d) A State or local government employee who is given an appointment in an executive agency for the period of the assignment or who is on detail to an executive agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of 80 Stat. 531. 5 USC 8101. subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in ease of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, lie (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. “(e) If a State or local government fails to continue the employer’s contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in an executive agency, the employer’s contributions covering the State or local government employee’s period of assignment, or any part thereof, may be made from the appropriations of the executive agency concerned. “§3375. Travel expenses “(a) Appropriations of an executive agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with— “(1) subchapter I of chapter 57 of this title, for the expenses of— “(A) travel, including a per diem allowance, to and from the assignment location; “(B) a per diem allowance at the assignment location during the period of the assignment; and “(C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the executive agency considers the travel in the interest of the United States; “(2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location; “(3) section 5724a(a)(1) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location; “(4) section 5721a(a)(3) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty; and “(5) section 5726(c) of this title, for the expenses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location. “(b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control Expenses recoverable by U.S that are acceptable to the executive agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the Waiver. United States. The head of the executive agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government employee on assignment with the agency. “(c) Appropriations of an executive agency are available to pay expenses under section 5742 of this title with respect to a Federal or 80 Stat. 507. State or local government employee assigned under this subchapter. “§3376. Regulations “The President may prescribe regulations for the administration of this subchapter.”

2. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   1. Substituted · 5 U.S.C. § 3374(a)

      Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” in two places

   2. Substituted · 5 U.S.C. § 3374(a)

      Pub. L. 95–454, § 603(b), substituted “Federal agency” for “executive agency” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive”, and “Federal agency” for “executive agency” in two places.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

3. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   1. Inserted · 5 U.S.C. § 3374(b)

      Pub. L. 95–454, § 603(b), (d)(1), inserted provisions relating to nonapplicability of exceptions to non-Federal employees

   2. Substituted · 5 U.S.C. § 3374(b)

      Pub. L. 95–454, § 603(b), (d)(1), substituted “Federal” for “executive”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–454, § 603(b), (d)(1), inserted provisions relating to nonapplicability of exceptions to non-Federal employees, and substituted “Federal” for “executive”.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

4. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   1. Inserted · 5 U.S.C. § 3374(c)

      Pub. L. 95–454, § 603(b), (d)(2), (3), inserted provisions relating to pay received from the State or local government at less than the appropriate rate of pay, and provisions relating to contributions to employee benefit systems

   2. Substituted · 5 U.S.C. § 3374(c)

      Pub. L. 95–454, § 603(b), (d)(2), (3), substituted “a Federal” for “an executive” wherever appearing

   3. Substituted · 5 U.S.C. § 3374(c)

      Pub. L. 95–454, § 603(b), (d)(2), (3), substituted “Federal agency” for “executive agency” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–454, § 603(b), (d)(2), (3), inserted provisions relating to pay received from the State or local government at less than the appropriate rate of pay, and provisions relating to contributions to employee benefit systems, and substituted “a Federal” for “an executive” and “Federal agency” for “executive agency” wherever appearing.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

5. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 3374(d)

   Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” in two places

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” in two places.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

6. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   1. Substituted · 5 U.S.C. § 3374(e)

      Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive”

   2. Substituted · 5 U.S.C. § 3374(e)

      Pub. L. 95–454, § 603(b), substituted “Federal” for “executive”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” and “Federal” for “executive”.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

   Effective date note
   Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

7. 1982

   Pub. L. 97–258 § 3(a)(6) · 96 Stat. 1063

   Substituted · 5 U.S.C. § 3374(c)(2)

   Pub. L. 97–258 substituted “sections 1343, 1344, and 1349(b)” for “section 638a”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 97–258 substituted “sections 1343, 1344, and 1349(b)” for “section 638a”.

8. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title XI § 1117 · 115 Stat. 1012

   Inserted · 5 U.S.C. § 3374(c)(2)

   Pub. L. 107–107 inserted “the Ethics in Government Act of 1978, section 27 of the Office of Federal Procurement Policy Act,” after “chapter 73 of this title,”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 107–107 inserted “the Ethics in Government Act of 1978, section 27 of the Office of Federal Procurement Policy Act,” after “chapter 73 of this title,”.

   Enacted provision · exact public law section
   SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL GOVERNMENT. Section 3374(c)(2) of title 5, United States Code, is amended by inserting “the Ethics in Government Act of 1978, section 27 of the Office of Federal Procurement Policy Act,” after “chapter 73 of this title,”.

9. 2011

   Pub. L. 111–350 § 5(a)(5) · 124 Stat. 3677

   Substituted · 5 U.S.C. § 3374(c)(2)

   Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”.

   Enacted provision · exact public law section
   (5) In section 3374(c)(2), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”.

10. 2022

    Pub. L. 117–286 § 4(c)(6) · 136 Stat. 4196

    Substituted · 5 U.S.C. § 3374(c)(2)

    Pub. L. 117–286 substituted “chapter 131 of this title,” for “the Ethics in Government Act of 1978,”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 117–286 substituted “chapter 131 of this title,” for “the Ethics in Government Act of 1978,”.

    Enacted provision · exact public law section
    (6) Section 3374(c)(2) of title 5, United States Code, is amended by striking “the Ethics in Government Act of 1978,” and inserting “chapter 131 of this title,”.

14 of 15 references resolved to an enrolled provision · 1 partial