5 U.S.C. § 3372

General provisions

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(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;for work of mutual concern to his agency and the State or local government 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 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) of this subchapter, 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. 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.(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.(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.)Editorial NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1978–2025 · leading case: United States v. Navarro, 972 F. Supp. 1296 (E.D. Cal. 1997).

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United States v. Navarro, 972 F. Supp. 1296 (E.D. Cal. 1997). · cites it 7× “Here, under the court’s previous ruling, the application of 5 U.S.C. § 3372 to SAUSA Kitching’s appointment goes to the court’s subject matter jurisdiction.”

United States v. Anthony Navarro, 160 F.3d 1254 (9th Cir. 1998). · cites it 5× “Kitching, the Special Assistant United States Attorney (SAUSA), who handled proceedings against him, could not act in that capacity because he was barred by the Intergovernmental Personnel Act, 5 U.S.C. § 3372 (the IPA). The district court agreed, vacated the judgment, and…”

United States v. Navarro, 959 F. Supp. 1273 (E.D. Cal. 1997). · cites it 8× “See 5 U.S.C. § 3372 (a). 8 A local government employee utilized under this arrangement may either be appointed in the Agency or deemed on detail.”

United States v. Jeremy Duval, 742 F.3d 246 (6th Cir. 2014). “See 5 U.S.C. § 3372 (a)(2) (“[T]he head of a Federal agency may arrange for the assignment of .”

United States v. Antonio Torres, 862 F.2d 1025 (3rd Cir. 1988). “5 U.S.C. § 3372 (a)(2). The local employee may “be appointed in the Federal agency,” id.”

Nw. Forest Resource Council v. Espy, 846 F. Supp. 1009 (D.D.C. 1994). “e professors who contributed to the work of FEMAT (and the only contributors they will concede to have been “members” of it) should still be regarded as “officers or employees of the federal government” within the meaning of the exception, because, as faculty at state…”

Lewis v. U.S. Dep't of Labor, Admin. Review Bd., 368 F. App'x 20 (11th Cir. 2010). “” 5 U.S.C. § 3372 (a). 4 . “Outside Activities” are activities that are not carried out during an EPA scientist’s official duties but are along the lines of the scientist’s work at EPA.”

Anderson v. Gov't of the Virgin Islands, 199 F. Supp. 2d 269 (D.V.I. 2002). “” 5 U.S.C. § 3372 . In this instance, an employee, like Davila, continued to be a federal employee and was considered to be “on detail from a federal agency.”

United States v. Jones, 207 F. Supp. 3d 576 (E.D.N.C. 2016). “[the federal] agency and the State or local government' ” (quoting 5 U.S.C.§§ 3372(a)(2))). . 18 U.S.C. § 201 (b) provides a person commits the offense of bribery if he, inter alia, "directly or indirectly, corruptly gives, offers or promises anything of value to any public…”

Gil v. United States, 4 F. Supp. 2d 760 (N.D. Ill. 1998). “” Gil’s conduct violated federal law; thus, the federal government had a right to prosecute him, regardless of the state’s prosecutorial efforts.”

VALENTA v. United States (W.D. Pa. 2020). · cites it 2× “5 U.S.C. § 3372 . State or local government employees may be assigned to federal agencies “for work of mutual concern” determined to be beneficial to both the agency and the local government.”

Imhof v. New York CIty Hous. Auth. (S.D.N.Y. 2025). “¶ 1 (internal quotation marks omitted); see 5 U.S.C. § 3372 . The purpose of assigning federal employees under the IPA is to “facilitate cooperation between the Federal Government and the non-Federal entity through the temporary assignment of skilled personnel.”

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— 5 U.S.C. § 3372(a)(2) — 1 case

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