
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3372]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
              SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES
 
Sec. 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 
a Federal agency may arrange for the assignment of--
        (1) an employee of his agency, other than a noncareer appointee, 
    limited term appointee, or limited emergency appointee (as such 
    terms are defined in section 3132(a) of this title) in the Senior 
    Executive Service and an employee in a position which has been 
    excepted from the competitive service by reason of its confidential, 
    policy-determining, policy-making, or policy-advocating character, 
    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 a Federal agency may extend the period of assignment for not 
more than two additional years. In the case of assignments made to 
Indian tribes or tribal organizations as defined in section 3371(2)(C) 
of this subchapter, the head of an executive agency may extend the 
period of assignment for any period of time where it is determined that 
this will continue to benefit both the executive agency and the Indian 
tribe or tribal organization. If the assigned employee fails to complete 
the period of assignment and there is another employee willing and 
available to do so, the Secretary may assign the employee to complete 
the period of assignment and may execute an agreement with the tribal 
organization with respect to the replacement employee. That agreement 
may provide for a different period of assignment as may be agreed to by 
the Secretary and the tribal organization.
    (b) This subchapter is authority for and applies to the assignment 
of--
        (1) an employee of a Federal agency to an institution of higher 
    education;
        (2) an employee of an institution of higher education to a 
    Federal agency;
        (3) an employee of a Federal agency to any other organization; 
    and
        (4) an employee of an other organization to a Federal agency.

    (c)(1) An employee of a Federal agency may be assigned under this 
subchapter only if the employee agrees, as a condition of accepting an 
assignment under this subchapter, to serve in the civil service upon the 
completion of the assignment for a period equal to the length of the 
assignment.
    (2) Each agreement required under paragraph (1) of this subsection 
shall provide that in the event the employee fails to carry out the 
agreement (except for good and sufficient reason, as determined by the 
head of the Federal agency from which assigned) the employee shall be 
liable to the United States for payment of all expenses (excluding 
salary) of the assignment. The amount shall be treated as a debt due the 
United States.
    (d) Where the employee is assigned to a tribal organization, the 
employee shall be eligible for promotions, periodic step-increases, and 
additional step-increases, as defined in chapter 53 of this title, on 
the same basis as other Federal employees.
    (e) Under regulations prescribed pursuant to section 3376 of this 
title--
        (1) an assignment of an employee of a Federal agency to an other 
    organization or an institution of higher education, and an employee 
    so assigned, shall be treated in the same way as an assignment of an 
    employee of a Federal agency to a State or local government, and an 
    employee so assigned, is treated under the provisions of this 
    subchapter governing an assignment of an employee of a Federal 
    agency to a State or local government, except that the rate of pay 
    of an employee assigned to a federally funded research and 
    development center may not exceed the rate of pay that such employee 
    would be paid for continued service in the position in the Federal 
    agency from which assigned; and
        (2) an assignment of an employee of an other organization or an 
    institution of higher education to a Federal agency, and an employee 
    so assigned, shall be treated in the same way as an assignment of an 
    employee of a State or local government to a Federal agency, and an 
    employee so assigned, is treated under the provisions of this 
    subchapter governing an assignment of an employee of a State or 
    local government to a Federal agency.

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84 Stat. 
1921; amended Pub. L. 93-638, title I, Sec. 104(k), (l), as added Pub. 
L. 100-472, title II, Sec. 203(f), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 
95-454, title VI, Sec. 603(b), (c), Oct. 13, 1978, 92 Stat. 1190; Pub. 
L. 98-146, title II, Nov. 4, 1983, 97 Stat. 946; Pub. L. 103-89, 
Sec. 3(b)(1)(A), Sept. 30, 1993, 107 Stat. 981; Pub. L. 103-337, div. A, 
title X, Sec. 1068(b), Oct. 5, 1994, 108 Stat. 2852.)


                               Amendments

    1994--Subsec. (e). Pub. L. 103-337 added subsec. (e).
    1993--Subsec. (d). Pub. L. 103-89 substituted ``and additional step-
increases, as defined in chapter 53'' for ``additional step-increases, 
merit pay, and cash awards, as defined in chapters 53 and 54''.
    1988--Subsecs. (a), (d). Pub. L. 100-472 added Pub. L. 93-638, 
Sec. 104(k), (l). See 1975 Amendment note below.
    1983--Subsec. (a). Pub. L. 98-146 inserted sentence providing that, 
in the case of assignments made to Indian tribes or tribal organizations 
as defined in section 3371(2)(C) of this title, the head of an executive 
agency may extend the period of assignment for any period of time where 
it is determined that this will continue to benefit both the executive 
agency and the Indian tribe or tribal organization.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 603(b), (c)(1), substituted 
``a Federal'' for ``an executive'' wherever appearing, and in cl. (1) 
inserted provisions relating to a noncareer appointee, limited term 
appointee, or limited emergency appointee, and an employee excepted from 
the competitive service.
    Subsec. (b). Pub. L. 95-454, Sec. 603(b), (c)(2)-(4), in cls. (1) 
and (2) substituted ``a Federal'' for ``an executive'', and added cls. 
(3) and (4).
    Subsec. (c). Pub. L. 95-454, Sec. 603(c)(5), added subsec. (c).
    1975--Subsec. (a). Pub. L. 93-638, Sec. 104(k), as added by Pub. L. 
100-472, inserted at end ``If the assigned employee fails to complete 
the period of assignment and there is another employee willing and 
available to do so, the Secretary may assign the employee to complete 
the period of assignment and may execute an agreement with the tribal 
organization with respect to the replacement employee. That agreement 
may provide for a different period of assignment as may be agreed to by 
the Secretary and the tribal organization.''
    Subsec. (d). Pub. L. 93-638, Sec. 104(l), as added by Pub. L. 100-
472, added subsec. (d).


                    Effective Date of 1993 Amendment

    Section 3(c) of Pub. L. 103-89 provided that: ``The amendments made 
by this section [amending this section and sections 4501, 4502, 5302, 
5332, 5334 to 5336, 5361 to 5363, 5948, and 8473 of this title, sections 
1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 
31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this 
title, and amending provisions set out as a note under section 5304 of 
this title] shall take effect as of November 1, 1993.''


                    Effective Date of 1978 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in title 16 sections 1a-2, 471j; title 
25 section 450i.
