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10 U.S.C. § 129b — Authority to procure personal services

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 129b — Authority to procure personal services

**(a) Authority.—** Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may— (1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); and (2) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law. **(b) Conditions.—** The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that— (1) the procurement of such services is advantageous to the United States; and (2) such services cannot adequately be provided by the Department of Defense. **(c) Regulations.—** Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. **(d) Additional Authority for Personal Services Contracts.—** (1) In addition to the authority provided under subsection (a), the Secretary of Defense may enter into personal services contracts if the personal services— (A) are to be provided by individuals outside the United States, regardless of their nationality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States; (B) directly support the mission of a

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Source file: Laws/federal/codes/united-states-code/title-10/section-129b-authority-to-procure-personal-services--a92f9aecec.md
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Source location: Title 10, Chapter 3, § 129b; chapter-003-general-powers-and-functions.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2241 — Availability of appropriations for certain purposes

**(a) Operation and Maintenance Appropriations.—** Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the following purposes: (1) Morale, welfare, and recreation. (2) Modification of personal property. (3) Design of vessels. (4) Industrial mobilization. (5) Military communications facilities on merchant vessels. (6) Acquisition of services, special clothing, supplies, and equipment. (7) Expenses for the Reserve Officers’ Training Corps and other units at educational institutions. **(b) Necessary Expenses.—** Amounts appropriated to the Department of Defense may be used for all necessary expenses, at the seat of the Government or elsewhere, in connection with communication and other services and supplies that may be necessary for the national defense. **(c) Activities of the National Committee for Employer Support of the Guard and Reserve.—** Amounts appropriated for operation and maintenance may, under regulations prescribed by the Secretary of Defense, be used by the Secretary for official reception, representation, and advertising activities and materials of the National Committee for Employer Support of the Guard and Reserve to further employer commitments to their employees who are members of a reserve component. **(d) Implementation of Vienna Document 2011.—** Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 129b — Authority to procure personal services

Page 162 TITLE 10—ARMED FORCES § 129b Pub. L. 103–139, title VIII, § 8040, Nov. 11, 1993, 107 Stat. 1449. Pub. L. 102–396, title IX, § 9053, Oct. 6, 1992, 106 Stat. 1914. Pub. L. 102–172, title VIII, § 8055, Nov. 26, 1991, 105 Stat. 1184. Pub. L. 101–511, title VIII, § 8063, Nov. 5, 1990, 104 Stat. 1888. Pub. L. 101–165, title IX, § 9085, Nov. 21, 1989, 103 Stat. 1147. Pub. L. 100–463, title VIII, § 8079, Oct. 1, 1988, 102 Stat. 2270–30. Pub. L. 100–202, § 101(b) [title VIII, § 8105], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81. § 129b. Authority to procure personal services (a) AUTHORITY.—Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may— (1) procure the services of experts or consult- ants (or of organizations of experts or consult- ants) in accordance with section 3109 of title 5; and (2) pay in connection with such services travel expenses of individuals, including trans- portation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law. (b) CONDITIONS.—The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Sec- retary of Defense or the Secretary of the mili- tary department concerned, as the case may be, determines that— (1) the procurement of such services is ad- vantageous to the United States; and (2) such services cannot adequately be pro- vided by the Department of Defense. (c) REGULATIONS.—Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. (d) ADDITIONAL AUTHORITY FOR

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