§ 3161. Employment and compensation of employees

931 words·~4 min read·/usc/title-5/section-3161

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(a)Definition of Temporary Organization.— For the purposes of this subchapter, the term “temporary organization” means a commission, committee, board, or other organization that—

(1)is established by law or Executive order for a specific period not in excess of three years for the purpose of performing a specific study or other project; and

(2)is terminated upon the completion of the study or project or upon the occurrence of a condition related to the completion of the study or project.

(b)Employment Authority.—

(1)Notwithstanding the provisions of chapter 51 of this title, the head of a temporary organization may appoint persons to positions of employment in a temporary organization in such numbers and with such skills as are necessary for the performance of the functions required of a temporary organization.

(2)The period of an appointment under paragraph

(1)may not exceed three years, except that under regulations prescribed by the Office of Personnel Management the period of appointment may be extended for up to an additional two years.

(3)The positions of employment in a temporary organization are in the excepted service of the civil service.

(c)Detail Authority.— Upon the request of the head of a temporary organization, the head of any department or agency of the Government may detail, on a nonreimbursable basis, any personnel of the department or agency to that organization to assist in carrying out its duties.

(d)Compensation.—

(1)The rate of basic pay for an employee appointed under subsection

(b)shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of chapter 51 and subchapter III of chapter 53 of this title.

(2)The rate of basic pay for the chairman, a member, an executive director, a staff director, or another executive level position of a temporary organization may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of this title.

(3)Except as provided in paragraph (4), the rate of basic pay for other positions in a temporary organization may not exceed the maximum rate of basic pay for grade GS–15 of the General Schedule under section 5332 of this title.

(4)The rate of basic pay for a senior staff position of a temporary organization may, in a case determined by the head of the temporary organization as exceptional, exceed the maximum rate of basic pay authorized under paragraph (3), but may not exceed the maximum rate of basic pay authorized for an executive level position under paragraph (2).

(5)In this subsection, the term “basic pay” includes locality pay provided for under section 5304 of this title.

(e)Travel Expenses.— An employee of a temporary organization, whether employed on a full-time or part-time basis, may be allowed travel and transportation expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of this title, while traveling away from the employee’s regular place of business in the performance of services for the temporary organization.

(f)Benefits.— An employee appointed under subsection

(b)shall be afforded the same benefits and entitlements as are provided temporary employees under this title.

(g)Return Rights.— An employee serving under a career or career conditional appointment or the equivalent in an agency who transfers to or converts to an appointment in a temporary organization with the consent of the head of the agency is entitled to be returned to the employee’s former position or a position of like seniority, status, and pay without grade or pay retention in the agency if the employee—

(1)is being separated from the temporary organization for reasons other than misconduct, neglect of duty, or malfeasance; and

(2)applies for return not later than 30 days before the earlier of—

(A)the date of the termination of the employment in the temporary organization; or

(B)the date of the termination of the temporary organization.

(h)Temporary and Intermittent Services.— The head of a temporary organization may procure for the organization temporary and intermittent services under section 3109(b) of this title.

(i)Acceptance of Volunteer Services.—

(1)The head of a temporary organization may accept volunteer services appropriate to the duties of the organization without regard to section 1342 of title 31.

(2)Donors of voluntary services accepted for a temporary organization under this subsection may include the following:

(A)Advisors.

(B)Experts.

(C)Members of the commission, committee, board, or other temporary organization, as the case may be.

(D)A person performing services in any other capacity determined appropriate by the head of the temporary organization.

(3)The head of the temporary organization—

(A)shall ensure that each person performing voluntary services accepted under this subsection is notified of the scope of the voluntary services accepted;

(B)shall supervise the volunteer to the same extent as employees receiving compensation for similar services; and

(C)shall ensure that the volunteer has appropriate credentials or is otherwise qualified to perform in each capacity for which the volunteer’s services are accepted.

(4)A person providing volunteer services accepted under this subsection shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law:

(A)Chapter 81 of this title, relating to compensation for work-related injuries.

(B)Chapter 171 of title 28, relating to tort claims.

(C)Chapter 11 of title 18, relating to conflicts of interest.

(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1101(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–308.)

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