
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1117]
[CITE: 5USC3374]

 
             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. 3374. Assignments of employees from State or local 
        governments
        
    (a) An employee of a State or local government who is assigned to a 
Federal agency under an arrangement under this subchapter may--
        (1) be appointed in the Federal 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 Federal 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 other applicable law, and is deemed an employee of the Federal 
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.

The above exceptions shall not apply to non-Federal employees who are 
covered by chapters 83, 87, and 89 of this title by virtue of their non-
Federal employment immediately before assignment and appointment under 
this section.
    (c) During the period of assignment, a State or local government 
employee on detail to a Federal agency--
        (1) is not entitled to pay from the agency, except to the extent 
    that the pay received from the State or local government is less 
    than the appropriate rate of pay which the duties would warrant 
    under the applicable pay provisions of this title or other 
    applicable authority;
        (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, sections 1343, 
    1344, and 1349(b) of title 31, 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 Federal agency and the State or local government 
concerned. A detail of a State or local government employee to a Federal 
agency may be made with or without reimbursement by the Federal agency 
for the pay, or a part thereof, of the employee during the period of 
assignment, or for the contribution of the State or local government, or 
a part thereof, to employee benefit systems.
    (d) A State or local government employee who is given an appointment 
in a Federal agency for the period of the assignment or who is on detail 
to a Federal 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 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 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 a Federal 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 Federal 
agency concerned.

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84 Stat. 
1923; amended Pub. L. 95-454, title VI, Sec. 603(b), (d), Oct. 13, 1978, 
92 Stat. 1190; Pub. L. 97-258, Sec. 3(a)(6), Sept. 13, 1982, 96 Stat. 
1063.)

                       References in Text

    The Federal Tort Claims Act, referred to in subsec. (c)(2), is 
classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary 
and Judicial Procedure.


                               Amendments

    1982--Subsec. (c)(2). Pub. L. 97-258 substituted ``sections 1343, 
1344, and 1349(b)'' for ``section 638a''.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 603(b), substituted ``a 
Federal'' for ``an executive'', and ``Federal agency'' for ``executive 
agency'' in two places.
    Subsec. (b). Pub. L. 95-454, Sec. 603(b), (d)(1), inserted 
provisions relating to nonapplicability of exceptions to non-Federal 
employees, and substituted ``Federal'' for ``executive''.
    Subsec. (c). Pub. L. 95-454, Sec. 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.
    Subsec. (d). Pub. L. 95-454, Sec. 603(b), substituted ``a Federal'' 
for ``an executive'' in two places.
    Subsec. (e). Pub. L. 95-454, Sec. 603(b), substituted ``a Federal'' 
for ``an executive'' and ``Federal'' for ``executive''.


                    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 21 section 878; title 25 
section 2804.
