SUBCHAPTER IV-TRANSFERS § 3351. Preference eligibles; transfer; physical qualifications; waiver In determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate. (Pub. L. 89-554, Sep. 6, 1966, 80 Stat. 426, amended Pub. L. 94–183, § 2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) SUBCHAPTER V-PROMOTION 361. Promotion; competitive service; examination An individual may be promoted in the competitive service only if has passed an examination or is specifically excepted from examtion under section 3302 of this title. This section does not take from President any authority conferred by section 3301 of this title that consistent with the provisions of this title governing the competitive vice. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426.) 362. Promotion; effect of incentive award An agency, in qualifying and selecting an employee for promotion, all give due weight to an incentive award under chapter 45 of this le. For the purpose of this section, "agency" and "employee" have meanings given them by section 4501 of this title. (Pub. L. 89-554, pt. 6, 1966, 80 Stat. 426.) 363. Preference eligibles; promotion; physical qualifications; waiver In determining qualifications of a preference eligible for promotion another position in the competitive service, an Executive agency, the government of the District of Columbia, the Office of Personnel nagement or other examining agency shall waive (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation. of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. is section does not apply to an appointment required by Congress be confirmed by, or made with the advice and consent of, the Senate. ub. L. 89-554, Sept. 6, 1966, 80 Stat. 427, amended Pub. L. 94-183, (5), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct. 13, 1978, 92 it. 1224.) 364. Repealed. Pub. L. 94-183; § 2(6), Dec. 31, 1975, 89 Stat. 1057. SUBCHAPTER VI-ASSIGNMENTS TO AND FROM STATES § 3371. Definitions For the purpose of this subchapter (1) "State" means— (A) a State of the United States, the District of Colum bia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and a territory or possession of the United States; and (B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality; (2) "local government" means (A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1); (B) any general or special purpose agency of such a political subdivision, instrumentality, or authority; and (C) any Indian tribe, band, nation, or other organize group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4 (c) of the Indian Self-Determination and Education Assistance Act; (3) "Federal agency" means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Printing Office, the Congres sional Budget Office, the United States Postal Service, the Posts Rate Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management; and (4) "other organization" means (A) a national, regional, State-wide, area-wide, or metropolitan organization representing member State or local governments; (B) an association of State or local public officials; or (C) a nonprofit organization which has as one of its principal functions the offering of professional advisory, research. educational, or development services, or related services, to governments or universities concerned with public manage ment. lded Pub. L. 91-648, § 402 (a), Jan. 5, 1971, 84 Stat. 1920; amended >. L. 93-638, § 105 (a), Jan. 4, 1975, 88 Stat. 2208; Pub. L. 95-454, . 13, 1978, 92 Stat. 1189.) 72. General provisions a) On request from or with the concurrence of a State or local ernment, and with the consent of the employee concerned, the d 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. b) This subchapter is authority for and applies to the assignat 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 1 other organization to a Federal agency. c) (1) An employee of a Federal agency may be assigned under s subchapter only if the employee agrees, as a condition of accepting assignment under this subchapter, to serve in the civil service upon completion of the assignment for a period equal to the length of the ignment. 2) Each agreement required under paragraph (1) of this subsecn shall provide that in the event the employee fails to carry out the reement (except for good and sufficient reason, as determined by the id of the Federal agency from which assigned) the employee shall liable to the United States for payment of all expenses (excluding ary) of the assignment. The amount shall be treated as a debt due United States. (Added, Pub. L. 91-468, § 402 (a), Jan. 5, 1971, Stat. 1921; amended, Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1190.) 373. Assignment of employees to State and local governments (a) An employee of a Federal agency assigned to a State or local vernment under this subchapter is deemed, during the assignment, be either (1) on detail to a regular work assignment in his agency; or (2) on leave without pay from his position in the agency. 1 employee assigned either on detail or on leave without pay re Should be "any." mains an employee of his agency. The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee so as signed. The supervision of the duties of an employee on detail may be governed by agreement between the Federal agency and the State or local government concerned. (b) The assignment of an employee of a Federal agency either or detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any re imbursements shall be credited to the appropriation of the Federal agency used for paying the travel and transportation expenses or pay. (c) For any employee so assigned and on leave without pay (1) if the rate of pay for his employment by the State or loca government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency 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: and (3) he is entitled, notwithstanding other statutes— (A) to continuation of his insurance under chapter 87 of this title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee's Life Insurance Fund and the Employee's Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employe 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 or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the Federal agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency inmediately before his assignment; and (C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service. and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the em |