---
kind: "section"
citation: "5 U.S.C. § 3372"
title: "5"
title_heading: "Government Organization and Employees"
number: "3372"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3372"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VI — Assignments to and from States"
---

# §3372. General provisions

- (a) On request from or with the concurrence of a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2), and with the consent of the [employee](/usc/5/4701.md?p=a-2) concerned, the head of a [Federal agency](/usc/5/3371.md?p=3) may arrange for the assignment of—
  - (1) an [employee](/usc/5/4701.md?p=a-2) of his [agency](/usc/5/3132.md?p=a-1), other than a [noncareer appointee](/usc/5/3132.md?p=a-7), [limited term appointee](/usc/5/3132.md?p=a-5), or [limited emergency appointee](/usc/5/3132.md?p=a-6) (as such terms are defined in [section 3132(a) of this title](/usc/5/3132.md?p=a)) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) and an [employee](/usc/5/4701.md?p=a-2) in a [position](/usc/5/5102.md?p=a-3) which has been excepted from the competitive [service](/usc/5/8401.md?p=26) by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2); and
  - (2) an [employee](/usc/5/4701.md?p=a-2) of a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) to his [agency](/usc/5/3132.md?p=a-1);

  for work of mutual concern to his [agency](/usc/5/3132.md?p=a-1) and the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) 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](/usc/5/3371.md?p=3) 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)](/usc/5/3371.md?p=2-C) of this subchapter, the head of an [executive agency](/usc/5/6501.md?p=2) 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](/usc/5/6501.md?p=2) and the Indian tribe or tribal organization. If the assigned [employee](/usc/5/4701.md?p=a-2) fails to complete the period of assignment and there is another [employee](/usc/5/4701.md?p=a-2) willing and available to do so, the [Secretary](/usc/5/9901.md?p=2) may assign the [employee](/usc/5/4701.md?p=a-2) to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement [employee](/usc/5/4701.md?p=a-2). That agreement may provide for a different period of assignment as may be agreed to by the [Secretary](/usc/5/9901.md?p=2) and the tribal organization.

- (b) This subchapter is [authority](/usc/5/7103.md?p=a-6) for and applies to the assignment of—
  - (1) an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) to an institution of higher education;
  - (2) an [employee](/usc/5/4701.md?p=a-2) of an institution of higher education to a [Federal agency](/usc/5/3371.md?p=3);
  - (3) an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) to any [other organization](/usc/5/3371.md?p=4); and
  - (4) an [employee](/usc/5/4701.md?p=a-2) of an [other organization](/usc/5/3371.md?p=4) to a [Federal agency](/usc/5/3371.md?p=3).
- (c)
  - (1) An [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) may be assigned under this subchapter only if the [employee](/usc/5/4701.md?p=a-2) agrees, as a condition of accepting an assignment under this subchapter, to serve in the civil [service](/usc/5/8401.md?p=26) 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](/usc/5/4701.md?p=a-2) fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the [Federal agency](/usc/5/3371.md?p=3) from which assigned) the [employee](/usc/5/4701.md?p=a-2) shall be liable to the [United States](/usc/5/7103.md?p=a-18) for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the [United States](/usc/5/7103.md?p=a-18).
- (d) Where the [employee](/usc/5/4701.md?p=a-2) is assigned to a tribal organization, the [employee](/usc/5/4701.md?p=a-2) shall be [eligible](/usc/5/4701.md?p=a-3) for promotions, periodic step-increases, and additional step-increases, as defined in [chapter 53](/usc/5/chptIII/sptD/ch53.md) of this title, on the same basis as other Federal [employees](/usc/5/4701.md?p=a-2).
- (e) Under regulations prescribed pursuant to [section 3376 of this title](/usc/5/3376.md)—
  - (1) an assignment of an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) to an [other organization](/usc/5/3371.md?p=4) or an institution of higher education, and an [employee](/usc/5/4701.md?p=a-2) so assigned, shall be treated in the same way as an assignment of an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) to a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2), and an [employee](/usc/5/4701.md?p=a-2) so assigned, is treated under the provisions of this subchapter governing an assignment of an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) to a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2), except that the rate of [pay](/usc/5/7511.md?p=a-4) of an [employee](/usc/5/4701.md?p=a-2) assigned to a federally funded research and development center may not exceed the rate of [pay](/usc/5/7511.md?p=a-4) that such [employee](/usc/5/4701.md?p=a-2) would be paid for continued [service](/usc/5/8401.md?p=26) in the [position](/usc/5/5102.md?p=a-3) in the [Federal agency](/usc/5/3371.md?p=3) from which assigned; and
  - (2) an assignment of an [employee](/usc/5/4701.md?p=a-2) of an [other organization](/usc/5/3371.md?p=4) or an institution of higher education to a [Federal agency](/usc/5/3371.md?p=3), and an [employee](/usc/5/4701.md?p=a-2) so assigned, shall be treated in the same way as an assignment of an [employee](/usc/5/4701.md?p=a-2) of a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) to a [Federal agency](/usc/5/3371.md?p=3), and an [employee](/usc/5/4701.md?p=a-2) so assigned, is treated under the provisions of this subchapter governing an assignment of an [employee](/usc/5/4701.md?p=a-2) of a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) to a [Federal agency](/usc/5/3371.md?p=3).

## Source credit

(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921; amended Pub. L. 93–638, title I, § 104(k), (l), as added Pub. L. 100–472, title II, § 203(f), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 95–454, title VI, § 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, § 3(b)(1)(A), Sept. 30, 1993, 107 Stat. 981; Pub. L. 103–337, div. A, title X, § 1068(b), Oct. 5, 1994, 108 Stat. 2852.)

## Notes

### 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 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.

### 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.