
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3161]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
 SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                  ORDER
 
Sec. 3161. Employment and compensation of employees

    (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, Sec. 1 [[div. A], title XI, Sec. 1101(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-308.)
