---
kind: "section"
citation: "5 U.S.C. § 3373"
title: "5"
title_heading: "Government Organization and Employees"
number: "3373"
heading: "Assignment of employees to State or local governments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3373"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VI — Assignments to and from States"
---

# §3373. Assignment of employees to State or local governments

- (a) An [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) assigned to a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) under this subchapter is deemed, during the assignment, to be either—
  - (1) on [detail](/usc/5/3701.md?p=2) to a regular work assignment in his [agency](/usc/5/3132.md?p=a-1); or
  - (2) on leave without [pay](/usc/5/7511.md?p=a-4) from his [position](/usc/5/5102.md?p=a-3) in the [agency](/usc/5/3132.md?p=a-1).

  An [employee](/usc/5/4701.md?p=a-2) assigned either on [detail](/usc/5/3701.md?p=2) or on leave without [pay](/usc/5/7511.md?p=a-4) remains an [employee](/usc/5/4701.md?p=a-2) of his [agency](/usc/5/3132.md?p=a-1). The Federal Tort Claims Act and any other Federal tort liability statute apply to an [employee](/usc/5/4701.md?p=a-2) so assigned. The supervision of the duties of an [employee](/usc/5/4701.md?p=a-2) on [detail](/usc/5/3701.md?p=2) may be governed by agreement between the [Federal agency](/usc/5/3371.md?p=3) and the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) concerned.

- (b) The assignment of an [employee](/usc/5/4701.md?p=a-2) of a [Federal agency](/usc/5/3371.md?p=3) either on [detail](/usc/5/3701.md?p=2) or on leave without [pay](/usc/5/7511.md?p=a-4) to a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) under this subchapter may be made with or without reimbursement by the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) for the travel and transportation expenses to or from the place of assignment and for the [pay](/usc/5/7511.md?p=a-4), or supplemental [pay](/usc/5/7511.md?p=a-4), or a part thereof, of the [employee](/usc/5/4701.md?p=a-2) during assignment. Any reimbursements shall be credited to the appropriation of the [Federal agency](/usc/5/3371.md?p=3) used for paying the travel and transportation expenses or [pay](/usc/5/7511.md?p=a-4).
- (c) For any [employee](/usc/5/4701.md?p=a-2) so assigned and on leave without [pay](/usc/5/7511.md?p=a-4)—
  - (1) if the rate of [pay](/usc/5/7511.md?p=a-4) for his employment by the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) is less than the rate of [pay](/usc/5/7511.md?p=a-4) he would have received had he continued in his regular assignment in the [agency](/usc/5/3132.md?p=a-1), he is entitled to receive supplemental [pay](/usc/5/7511.md?p=a-4) from the [agency](/usc/5/3132.md?p=a-1) in an amount equal to the difference between the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) rate and the [agency](/usc/5/3132.md?p=a-1) 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](/usc/5/3132.md?p=a-1); and
  - (3) he is entitled, notwithstanding other statutes—
    - (A) to continuation of his insurance under [chapter 87](/usc/5/chptIII/sptG/ch87.md) of this title, and coverage under [chapter 89](/usc/5/chptIII/sptG/ch89.md) of this title or other applicable [authority](/usc/5/7103.md?p=a-6), so long as he [pays](/usc/5/7511.md?p=a-4) currently into the [Employee](/usc/5/4701.md?p=a-2)’s Life Insurance [Fund](/usc/5/8401.md?p=6) and the [Employee](/usc/5/4701.md?p=a-2)’s Health Benefits [Fund](/usc/5/8401.md?p=6) or other applicable health benefits [system](/usc/5/8401.md?p=29) (through his employing [agency](/usc/5/3132.md?p=a-1)) the amount of the [employee](/usc/5/4701.md?p=a-2) contributions;
    - (B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the [Civil Service Retirement and Disability Fund](/usc/5/8401.md?p=6) or other applicable retirement [system](/usc/5/8401.md?p=29) of the percentage of his [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [pay](/usc/5/7511.md?p=a-4), and of his supplemental [pay](/usc/5/7511.md?p=a-4), if any, that would have been deducted from a like [agency](/usc/5/3132.md?p=a-1) [pay](/usc/5/7511.md?p=a-4) for the period of the assignment and payment by the [Federal agency](/usc/5/3371.md?p=3) into the [fund](/usc/5/8401.md?p=6) or [system](/usc/5/8401.md?p=29) of the amount that would have been payable by the [agency](/usc/5/3132.md?p=a-1) during the period of the assignment with respect to a like [agency](/usc/5/3132.md?p=a-1) [pay](/usc/5/7511.md?p=a-4), to treat his [service](/usc/5/8401.md?p=26) during that period as [service](/usc/5/8401.md?p=26) of the type performed in the [agency](/usc/5/3132.md?p=a-1) immediately before his assignment; and
    - (C) for the purpose of subchapter I of [chapter 85](/usc/5/chptIII/sptG/ch85.md) of this title, to credit the [service](/usc/5/8401.md?p=26) performed during the period of his assignment under this subchapter as [Federal service](/usc/5/8521.md?p=a-1), and to consider his [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [pay](/usc/5/7511.md?p=a-4) (and his supplemental [pay](/usc/5/7511.md?p=a-4), if any) as [Federal wages](/usc/5/8521.md?p=a-2). To the extent that the [service](/usc/5/8401.md?p=26) could also be the basis for entitlement to unemployment compensation under a [State](/usc/5/3371.md?p=1) law, the [employee](/usc/5/4701.md?p=a-2) may elect to claim unemployment compensation on the basis of the [service](/usc/5/8401.md?p=26) under either the [State](/usc/5/3371.md?p=1) law or subchapter I of [chapter 85](/usc/5/chptIII/sptG/ch85.md) of this title.

  However, an [employee](/usc/5/4701.md?p=a-2) or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on [service](/usc/5/8401.md?p=26) during an assignment under this subchapter for which the [employee](/usc/5/4701.md?p=a-2) or, if he dies without making such an election, his beneficiary elects to receive benefits, under any [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) retirement or insurance law or program, which the [Office](/usc/5/5402.md?p=3) of Personnel Management determines to be similar. The [Federal agency](/usc/5/3371.md?p=3) shall deposit currently in the [Employee](/usc/5/4701.md?p=a-2)’s Life Insurance [Fund](/usc/5/8401.md?p=6), the [Employee](/usc/5/4701.md?p=a-2)’s Health Benefits [Fund](/usc/5/8401.md?p=6) or other applicable health benefits [system](/usc/5/8401.md?p=29), respectively, the amount of the [Government](/usc/5/4101.md?p=3)’s contributions on [account](/usc/5/8401.md?p=1) of [service](/usc/5/8401.md?p=26) with respect to which [employee](/usc/5/4701.md?p=a-2) contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3).

- (d)
  - (1) An [employee](/usc/5/4701.md?p=a-2) so assigned and on leave without [pay](/usc/5/7511.md?p=a-4) 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](/usc/5/chptIII/sptG/ch81.md) of this title, as though he were an [employee](/usc/5/4701.md?p=a-2) as defined by [section 8101 of this title](/usc/5/8101.md) who had sustained the injury in the performance of duty. When an [employee](/usc/5/4701.md?p=a-2) (or his [dependents](/usc/5/8951.md?p=2) in case of death) entitled by reason of injury or death to benefits under subchapter I of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of this title is also entitled to benefits from a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) for the same injury or death, he (or his [dependents](/usc/5/8951.md?p=2) 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](/usc/5/9901.md?p=2) of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.
  - (2) An [employee](/usc/5/4701.md?p=a-2) who elects to receive benefits from a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) may not receive an annuity under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title and benefits from the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) 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](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) or subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title for any part of the same period of time;
    - (B) deny to an [employee](/usc/5/4701.md?p=a-2) an annuity accruing to him under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title on [account](/usc/5/8401.md?p=1) of [service](/usc/5/8401.md?p=26) performed by him; or
    - (C) deny any concurrent benefit to him from the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) on [account](/usc/5/8401.md?p=1) of the death of another individual.

## Source credit

(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921; amended Pub. L. 95–454, title VI, § 603(b), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1190, 1224; Pub. L. 102–378, § 2(14), Oct. 2, 1992, 106 Stat. 1347.)

## Notes

### Editorial Notes

### References in Text

The Federal Tort Claims Act, referred to in subsec. (a), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.

### Amendments

1992—Pub. L. 102–378 substituted “or local” for “and local” in section catchline.

1978—Subsecs. (a), (b). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” and “Federal agency” for “executive agency”.

Subsec. (c). Pub. L. 95–454, §§ 603(b), 906(a)(2), substituted “Federal agency” for “executive agency” wherever appearing, and “Office of Personnel Management” for “Civil Service Commission”.

### Statutory Notes and Related Subsidiaries

### 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.