5 U.S. Code § 3161 - Employment and compensation of employees
prev | next
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—
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
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.
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.
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).
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.
(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—
is being separated from the temporary organization for reasons other than misconduct, neglect of duty, or malfeasance; and
(h)Temporary and Intermittent Services.—
(i)Acceptance of Volunteer Services.—
(2) Donors of voluntary services accepted for a temporary organization under this subsection may include the following:
A person performing services in any other capacity determined appropriate by the head of the temporary organization.
(3) The head of the temporary organization—
shall ensure that each person performing voluntary services accepted under this subsection is notified of the scope of the voluntary services accepted;
shall supervise the volunteer to the same extent as employees receiving compensation for similar services; and
(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:
Chapter 81 of this title, relating to compensation for work-related injuries.
Chapter 171 of title 28, relating to tort claims.
Chapter 11 of title 18, relating to conflicts of interest.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.