---
kind: "section"
citation: "5 U.S.C. § 3374"
title: "5"
title_heading: "Government Organization and Employees"
number: "3374"
heading: "Assignments of employees from State or local governments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3374"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VI — Assignments to and from States"
---

# §3374. Assignments of employees from State or local governments

- (a) 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) who is assigned to a [Federal agency](/usc/5/3371.md?p=3) under an arrangement under this subchapter may—
  - (1) be appointed in the [Federal agency](/usc/5/3371.md?p=3) without regard to the provisions of this title governing appointment in the competitive [service](/usc/5/8401.md?p=26) for the agreed period of the assignment; or
  - (2) be deemed on [detail](/usc/5/3701.md?p=2) to the [Federal agency](/usc/5/3371.md?p=3).
- (b) An [employee](/usc/5/4701.md?p=a-2) given an appointment is entitled to [pay](/usc/5/7511.md?p=a-4) in accordance with [chapter 51](/usc/5/chptIII/sptD/ch51.md) and subchapter III of [chapter 53](/usc/5/chptIII/sptD/ch53.md) of this title or other applicable law, and is deemed an [employee](/usc/5/4701.md?p=a-2) of the [Federal agency](/usc/5/3371.md?p=3) for all purposes except—
  - (1) subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title or other applicable retirement [system](/usc/5/8401.md?p=29);
  - (2) [chapter 87](/usc/5/chptIII/sptG/ch87.md) of this title; and
  - (3) [chapter 89](/usc/5/chptIII/sptG/ch89.md) of this title or other applicable health benefits [system](/usc/5/8401.md?p=29) unless his appointment results in the [loss](/usc/5/8401.md?p=18) of coverage in a group [health benefits plan](/usc/5/8901.md?p=6) the premium of which has been paid in whole or in part by a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) contribution.

  The above exceptions shall not apply to non-Federal [employees](/usc/5/4701.md?p=a-2) who are covered by chapters [83](/usc/5/chptIII/sptG/ch83.md), [87](/usc/5/chptIII/sptG/ch87.md), and [89](/usc/5/chptIII/sptG/ch89.md) 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](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [employee](/usc/5/4701.md?p=a-2) on [detail](/usc/5/3701.md?p=2) to a [Federal agency](/usc/5/3371.md?p=3)—
  - (1) is not entitled to [pay](/usc/5/7511.md?p=a-4) from the [agency](/usc/5/3132.md?p=a-1), except to the extent that the [pay](/usc/5/7511.md?p=a-4) received from the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) is less than the appropriate rate of [pay](/usc/5/7511.md?p=a-4) which the duties would warrant under the applicable [pay](/usc/5/7511.md?p=a-4) provisions of this title or other applicable [authority](/usc/5/7103.md?p=a-6);
  - (2) is deemed an [employee](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) for the purpose of [chapter 73](/usc/5/chptIII/sptF/ch73.md) of this title, [chapter 131](/usc/5/chptIV/ch131.md) of this title, [chapter 21](/usc/41/chstI/dB/ch21.md) of title 41, sections [203](/usc/18/203.md), [205](/usc/18/205.md), [207](/usc/18/207.md), [208](/usc/18/208.md), [209](/usc/18/209.md), [602](/usc/18/602.md), [603](/usc/18/603.md), [606](/usc/18/606.md), [607](/usc/18/607.md), [643](/usc/18/643.md), [654](/usc/18/654.md), [1905](/usc/18/1905.md), and [1913](/usc/18/1913.md) of title 18, sections [1343](/usc/31/1343.md), [1344](/usc/31/1344.md), and [1349(b)](/usc/31/1349.md?p=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](/usc/5/4701.md?p=a-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. A [detail](/usc/5/3701.md?p=2) of a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [employee](/usc/5/4701.md?p=a-2) to a [Federal agency](/usc/5/3371.md?p=3) may be made with or without reimbursement by the [Federal agency](/usc/5/3371.md?p=3) for the [pay](/usc/5/7511.md?p=a-4), or a part thereof, of the [employee](/usc/5/4701.md?p=a-2) during the period of assignment, or for the contribution of the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2), or a part thereof, to [employee](/usc/5/4701.md?p=a-2) benefit [systems](/usc/5/8401.md?p=29).

- (d) A [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [employee](/usc/5/4701.md?p=a-2) who is given an appointment in a [Federal agency](/usc/5/3371.md?p=3) for the period of the assignment or who is on [detail](/usc/5/3701.md?p=2) to a [Federal agency](/usc/5/3371.md?p=3) 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](/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 1 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.
- (e) If a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) fails to continue the employer’s contribution to [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) retirement, life insurance, and health benefit plans for a [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [employee](/usc/5/4701.md?p=a-2) who is given an appointment in a [Federal agency](/usc/5/3371.md?p=3), the employer’s contributions covering the [State](/usc/5/3371.md?p=1) or [local government](/usc/5/3371.md?p=2) [employee](/usc/5/4701.md?p=a-2)’s period of assignment, or any part thereof, may be made from the appropriations of the [Federal agency](/usc/5/3371.md?p=3) concerned.

## Source credit

(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1923; amended Pub. L. 95–454, title VI, § 603(b), (d), Oct. 13, 1978, 92 Stat. 1190; Pub. L. 97–258, § 3(a)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 107–107, div. A, title XI, § 1117, Dec. 28, 2001, 115 Stat. 1241; Pub. L. 111–350, § 5(a)(5), Jan. 4, 2011, 124 Stat. 3841; Pub. L. 117–286, § 4(c)(6), Dec. 27, 2022, 136 Stat. 4354.)

## Notes

### Editorial Notes

### References in Text

The Federal Tort Claims Act, referred to in subsec. (c)(2), 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

2022—Subsec. (c)(2). Pub. L. 117–286 substituted “chapter 131 of this title,” for “the Ethics in Government Act of 1978,”.

2011—Subsec. (c)(2). Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”.

2001—Subsec. (c)(2). Pub. L. 107–107 inserted “the Ethics in Government Act of 1978, section 27 of the Office of Federal Procurement Policy Act,” after “chapter 73 of this title,”.

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, § 603(b), substituted “a Federal” for “an executive”, and “Federal agency” for “executive agency” in two places.

Subsec. (b). Pub. L. 95–454, § 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, § 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, § 603(b), substituted “a Federal” for “an executive” in two places.

Subsec. (e). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” and “Federal” for “executive”.

### 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.