§3372 — Title 5 Government Organization and Employees | U.S. Code

Summary

Federal agency leaders can arrange temporary job swaps between federal employees and state or local governments if the state or local government agrees and the employee gives permission. This can include Senior Executive Service staff (but not noncareer, limited term, or limited emergency appointees) and employees whose jobs are excepted from the competitive service because they are confidential or involve policy work. Agencies can also place employees with colleges, universities, and other organizations, and can bring people from those places into a federal agency. Employees must agree to return to federal service after the assignment for a time equal to the assignment. If they break that promise without a good reason, they must repay the assignment’s non-salary costs to the United States. Employees assigned to tribal organizations keep the same promotion and step-increase rights as other federal workers. Rules treat assignments to colleges or other organizations the same as assignments to states or localities, except pay for someone placed at a federally funded research and development center cannot be higher than their federal pay.

Title 5, §3372

Government Organization and Employees — Source: USLM XML via OLRC

(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;

(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 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, § 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, § 603(c)(5), added subsec. (c). 1975—Subsec. (a). Pub. L. 93–638, § 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, § 104(l), as added by Pub. L. 100–472, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 Amendment Pub. L. 103–89, § 3(c), Sept. 30, 1993, 107 Stat. 983, provided that: “The

Amendments

made by this section [amending this section and section 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5948, and 8473 of this title, section 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing section 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 AmendmentAmendment 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.

Effective Date

Section effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.

§3372 General Provisions

Summary

Title 5, §3372

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

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