---
kind: "section"
citation: "5 U.S.C. § 3161"
title: "5"
title_heading: "Government Organization and Employees"
number: "3161"
heading: "Employment and compensation of employees"
release: "119-102"
url: "https://uscodex.org/usc/5/3161"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter IV — Temporary Organizations Established by Law or Executive Order"
---

# §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](/usc/5/8401.md?p=5), 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](/usc/5/chptIII-sptD-ch51.md) of this title, the head of a [temporary organization](#a) may appoint persons to [positions](/usc/5/5531.md?p=2) of employment in a [temporary organization](#a) in such numbers and with such skills as are necessary for the performance of the functions required of a [temporary organization](#a).
  - (2) The period of an appointment under [paragraph (1)](#b-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](/usc/5/5531.md?p=2) of employment in a [temporary organization](#a) are in the excepted [service](/usc/5/8331.md?p=12) of the civil [service](/usc/5/8331.md?p=12).
- (c) **Detail Authority.—** Upon the request of the head of a [temporary organization](#a), the head of any department or [agency](/usc/5/500.md?p=a-1) of the Government may detail, on a nonreimbursable basis, any personnel of the department or [agency](/usc/5/500.md?p=a-1) to that organization to assist in carrying out its duties.
- (d) **Compensation.—**
  - (1) The rate of [basic pay](#d-5) for an [employee](/usc/5/5361.md?p=1) appointed under [subsection (b)](#b) shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of [chapter 51](/usc/5/chptIII-sptD-ch51.md) and subchapter III of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of this title.
  - (2) The rate of [basic pay](#d-5) for the chairman, a [member](/usc/5/5531.md?p=1), an executive director, a staff director, or another executive level [position](/usc/5/5531.md?p=2) of a [temporary organization](#a) may not exceed the maximum rate of [basic pay](#d-5) established for the Senior Executive [Service](/usc/5/8331.md?p=12) under [section 5382 of this title](/usc/5/5382.md).
  - (3) Except as provided in [paragraph (4)](#d-4), the rate of [basic pay](#d-5) for other [positions](/usc/5/5531.md?p=2) in a [temporary organization](#a) may not exceed the maximum rate of [basic pay](#d-5) for grade GS–15 of the General Schedule under [section 5332 of this title](/usc/5/5332.md).
  - (4) The rate of [basic pay](#d-5) for a senior staff [position](/usc/5/5531.md?p=2) of a [temporary organization](#a) may, in a case determined by the head of the [temporary organization](#a) as exceptional, exceed the maximum rate of [basic pay](#d-5) authorized under [paragraph (3)](#d-3), but may not exceed the maximum rate of [basic pay](#d-5) authorized for an executive level [position](/usc/5/5531.md?p=2) under [paragraph (2)](#d-2).
  - (5) In this subsection, the term “basic pay” includes locality pay provided for under [section 5304 of this title](/usc/5/5304.md).
- (e) **Travel Expenses.—** An [employee](/usc/5/5361.md?p=1) of a [temporary organization](#a), 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](/usc/5/5361.md?p=1) of [agencies](/usc/5/500.md?p=a-1) under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of this title, while traveling away from the [employee](/usc/5/5361.md?p=1)’s regular place of business in the performance of [services](/usc/5/8331.md?p=12) for the [temporary organization](#a).
- (f) **Benefits.—** An [employee](/usc/5/5361.md?p=1) appointed under [subsection (b)](#b) shall be afforded the same benefits and entitlements as are provided temporary [employees](/usc/5/5361.md?p=1) under this title.
- (g) **Return Rights.—** An [employee](/usc/5/5361.md?p=1) serving under a career or career conditional appointment or the equivalent in an [agency](/usc/5/500.md?p=a-1) who transfers to or converts to an appointment in a [temporary organization](#a) with the consent of the head of the [agency](/usc/5/500.md?p=a-1) is entitled to be returned to the [employee](/usc/5/5361.md?p=1)’s former [position](/usc/5/5531.md?p=2) or a [position](/usc/5/5531.md?p=2) of like seniority, status, and pay without grade or pay retention in the [agency](/usc/5/500.md?p=a-1) if the [employee](/usc/5/5361.md?p=1)—
  - (1) is being separated from the [temporary organization](#a) 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](#a); or
    - (B) the date of the termination of the [temporary organization](#a).
- (h) **Temporary and Intermittent Services.—** The head of a [temporary organization](#a) may procure for the organization temporary and intermittent [services](/usc/5/8331.md?p=12) under [section 3109(b) of this title](/usc/5/3109.md?p=b).
- (i) **Acceptance of Volunteer Services.—**
  - (1) The head of a [temporary organization](#a) may accept volunteer [services](/usc/5/8331.md?p=12) appropriate to the duties of the organization without regard to [section 1342 of title 31](/usc/31/1342.md).
  - (2) Donors of voluntary [services](/usc/5/8331.md?p=12) accepted for a [temporary organization](#a) under this subsection may include the following:
    - (A) Advisors.
    - (B) Experts.
    - (C) [Members](/usc/5/5531.md?p=1) of the commission, committee, [board](/usc/5/8401.md?p=5), or other [temporary organization](#a), as the case may be.
    - (D) A person performing [services](/usc/5/8331.md?p=12) in any other capacity determined appropriate by the head of the [temporary organization](#a).
  - (3) The head of the [temporary organization](#a)—
    - (A) shall ensure that each person performing voluntary [services](/usc/5/8331.md?p=12) accepted under this subsection is notified of the scope of the voluntary [services](/usc/5/8331.md?p=12) accepted;
    - (B) shall supervise the volunteer to the same extent as [employees](/usc/5/5361.md?p=1) receiving compensation for similar [services](/usc/5/8331.md?p=12); 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](/usc/5/8331.md?p=12) are accepted.
  - (4) A person providing volunteer [services](/usc/5/8331.md?p=12) accepted under this subsection shall be considered an [employee](/usc/5/5361.md?p=1) of the Federal Government in the performance of those [services](/usc/5/8331.md?p=12) for the purposes of the following provisions of law:
    - (A) [Chapter 81](/usc/5/chptIII-sptG-ch81.md) of this title, relating to compensation for work-related injuries.
    - (B) [Chapter 171](/usc/28/chptVI-ch171.md) of title 28, relating to tort claims.
    - (C) [Chapter 11](/usc/18/chptI-ch11.md) of title 18, relating to conflicts of interest.

## Source credit

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