10 U.S.C. § 3138 — Obligations for contract services: report-

Page 2405 TITLE 10—ARMED FORCES § 3138 § 3138. Obligations for contract services: report- ing in budget object classes (a) LIMITATION ON REPORTING IN MISCELLA- NEOUS SERVICES OBJECT CLASS.—The Secretary of Defense shall ensure that, in reporting to the Office of Management and Budget (pursuant to OMB Circular A–11 (relating to preparation and submission of budget estimates)) obligations of the Department of Defense for any period of time for contract services, no more than 15 per- cent of the total amount of obligations so re- ported is reported in the miscellaneous services object class. (b) DEFINITION OF REPORTING CATEGORIES FOR ADVISORY AND ASSISTANCE SERVICES.—In car- rying out section 1105(g) of title 31 for the De- partment of Defense (and in determining what services are to be reported to the Office of Man- agement and Budget in the advisory and assist- ance services object class), the Secretary of De- fense shall apply to the terms used for the defi- nition of ‘‘advisory and assistance services’’ in paragraph (2)(A) of that section the following meanings (subject to the authorized exemp- tions): (1) MANAGEMENT AND PROFESSIONAL SUPPORT SERVICES.—The term ‘‘management and pro- fessional support services’’ (used in clause (i) of section 1105(g)(2)(A) of title 31) means serv- ices that provide engineering or technical sup- port, assistance, advice, or training for the ef- ficient and effective management and oper- ation of organizations, activities, or systems. Those services— (A) are closely related to the basic respon- sibilities and mission of the using organiza- tion; and (B) include efforts that support or con- tribute to improved organization or program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, auditing, and admin- istrative or technical support for con- ferences and training programs. (2) STUDIES, ANALYSES, AND EVALUATIONS.— The term ‘‘studies, analyses, and evaluations’’ (used in clause (ii) of section 1105(g)(2)(A) of title 31) means services that provide orga- nized, analytic assessments to understand or evaluate complex issues to improve policy de- velopment, decisionmaking, management, or administration and that result in documents containing data or leading to conclusions or recommendations. Those services may include databases, models, methodologies, and related software created in support of a study, anal- ysis, or evaluation. (3) ENGINEERING AND TECHNICAL SERVICES.— The term ‘‘engineering and technical services’’ (used in clause (iii) of section 1105(g)(2)(A) of title 31) means services that take the form of advice, assistance, training, or hands-on train- ing necessary to maintain and operate fielded weapon systems, equipment, and components (including software when applicable) at design or required levels of effectiveness. (c) PROPER CLASSIFICATION OF ADVISORY AND ASSISTANCE SERVICES.—Before the submission to the Office of Management and Budget of the pro- posed Department of Defense budget for inclu- sion in the President’s budget for a fiscal year pursuant to section 1105 of title 31, the Sec- retary of Defense, acting through the Under Sec- retary of Defense (Comptroller), shall conduct a review of Department of Defense services ex- pected to be performed as contract services dur- ing the fiscal year for which that budget is to be submitted in order to ensure that those services that are advisory and assistance services (as de- fined in accordance with subsection (b)) are in fact properly classified, in accordance with that subsection, in the advisory and assistance serv- ices object class. (d) REPORT TO CONGRESS.—The Secretary shall submit to Congress each year, not later than 30 days after the date on which the budget for the next fiscal year is submitted pursuant to section 1105 of title 31, a report containing the informa- tion derived from the review under subsection (c). (e) ASSESSMENT BY COMPTROLLER GENERAL.— (1) The Comptroller General shall conduct a re- view of the report of the Secretary of Defense under subsection (d) each year and shall— (A) assess the methodology used by the Sec- retary in obtaining the information submitted to Congress in that report; and (B) assess the information submitted to Con- gress in that report. (2) Not later than 120 days after the date on which the Secretary submits to Congress the re- port required under subsection (d) for any year, the Comptroller General shall submit to Con- gress the Comptroller General’s report con- taining the results of the review for that year under paragraph (1). (f) DEFINITIONS.—In this section: (1) The term ‘‘contract services’’ means all services that are reported to the Office of Management and Budget pursuant to OMB Cir- cular A–11 (relating to preparation and sub- mission of budget estimates) in budget object classes that are designated in the Object Class 25 series. (2) The term ‘‘advisory and assistance serv- ices object class’’ means those contract serv- ices constituting the budget object class that is denominated ‘‘Advisory and Assistance Service’’ and designated (as of October 17, 1998) as Object Class 25.1 (or any similar object class established after October 17, 1998, for the re- porting of obligations for advisory and assist- ance contract services). (3) The term ‘‘miscellaneous services object class’’ means those contract services consti- tuting the budget object class that is denomi- nated ‘‘Other Services (services not otherwise specified in the 25 series)’’ and designated (as of October 17, 1998) as Object Class 25.2 (or any similar object class established after October 17, 1998, for the reporting of obligations for miscellaneous or unspecified contract serv- ices). (4) The term ‘‘authorized exemptions’’ means those exemptions authorized (as of Oc- tober 17, 1998) under Department of Defense Directive 4205.2, captioned ‘‘Acquiring and Managing Contracted Advisory and Assistance Services (CAAS)’’ and issued by the Under Secretary of Defense for Acquisition and Tech- nology on February 10, 1992, such exemptions Page 2406 TITLE 10—ARMED FORCES § 3151 being set forth in Enclosure 3 to that directive (captioned ‘‘CAAS Exemptions’’). (Added Pub. L. 105–261, div. A, title IX, § 911(a)(1), Oct. 17, 1998, 112 Stat. 2097, § 2212; amended Pub. L. 106–65, div. A, title X, § 1066(a)(17), Oct. 5, 1999, 113 Stat. 771; renumbered § 3138, Pub. L. 116–283, div. A, title XVIII, § 1809(i)(1), Jan. 1, 2021, 134 Stat. 4162.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2212 of this title as this section. 1999—Subsec. (f)(2), (3). Pub. L. 106–65 substituted ‘‘as of October 17, 1998’’ for ‘‘as of the date of the enactment of this section’’ and ‘‘after October 17, 1998,’’ for ‘‘after the date of the enactment of this section’’. Subsec. (f)(4). Pub. L. 106–65, § 1066(a)(17)(B), sub- stituted ‘‘as of October 17, 1998’’ for ‘‘as of the date of the enactment of this section’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Under Secretary of Defense for Acquisi- tion and Technology deemed to refer to Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics, pursuant to section 911(a)(1) of Pub. L. 106–65, formerly set out as a note under section 133 of this title. EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. CHAPTER 209—OPERATIONAL CONTRACT SUPPORT Subchapter Sec. I. Joint Policies on Requirements Defini- tion, Contingency Program Manage- ment, and Contingency Contracting .. 3151 II. [Reserved] Editorial Notes PRIOR PROVISIONS A prior chapter 209 ‘‘OPERATIONAL CONTRACT SUPPORT’’, as added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug. 13, 2018, 132 Stat. 1827, and consisting of reserved section 3151, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1810(a), Jan. 1, 2021, 134 Stat. 4162. AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(i)(2)(A), Dec. 27, 2021, 135 Stat. 2141, amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), Jan. 1, 2021, 134 Stat. 4162, which added this analysis, by substituting ‘‘[Reserved]’’ for ‘‘Other Provisions Relating to Operational Contract Support’’ in item for subchapter II. Statutory Notes and Related Subsidiaries RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR OPERATIONAL CONTRACT SUPPORT Pub. L. 112–239, div. A, title VIII, § 843, Jan. 2, 2013, 126 Stat. 1845, provided that: ‘‘(a) GUIDANCE REQUIRED.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2013], the Secretary of Defense shall develop and issue guidance establishing the chain of authority and re- sponsibility within the Department of Defense for pol- icy, planning, and execution of operational contract support. ‘‘(b) ELEMENTS.—The guidance under subsection (a) shall, at a minimum— ‘‘(1) specify the officials, offices, and components of the Department within the chain of authority and re- sponsibility described in subsection (a); ‘‘(2) identify for each official, office, and component specified under paragraph (1)— ‘‘(A) requirements for policy, planning, and exe- cution of contract support for operational contract support, including, at a minimum, requirements in connection with— ‘‘(i) coordination of functions, authorities, and responsibilities related to operational contract support, including coordination with relevant Federal agencies; ‘‘(ii) assessments of total force data in support of Department force planning scenarios, including the appropriateness of and necessity for the use of contractors for identified functions; ‘‘(iii) determinations of capability requirements for nonacquisition community operational con- tract support, and identification of resources re- quired for planning, training, and execution to meet such requirements; and ‘‘(iv) determinations of policy regarding the use of contractors by function, and identification of the training exercises that will be required for operational contract support (including an assess- ment [of] whether or not such exercises will in- clude contractors); and ‘‘(B) roles, authorities, responsibilities, and lines of supervision for the achievement of the require- ments identified under subparagraph (A); and ‘‘(3) ensure that the chain of authority and respon- sibility described in subsection (a) is appropriately aligned with, and appropriately integrated into, the structure of the Department for the conduct of over- seas contingency operations, including the military departments, the Joint Staff, and the commanders of the unified combatant commands.’’ COMPETITION AND REVIEW OF CONTRACTS FOR PROP- ERTY OR SERVICES IN SUPPORT OF A CONTINGENCY OPERATION Pub. L. 112–81, div. A, title VIII, § 844(a), (b), Dec. 31, 2011, 125 Stat. 1515, which authorized the Secretary of Defense to establish goals for competition in contracts for procurement of property or services to be used out- side the United States in support of a contingency op- eration and to develop processes to measure and mon- itor such competition and required annual review of such contracts, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(2)(A), Dec. 23, 2024, 138 Stat. 1979. SUBCHAPTER I—JOINT POLICIES ON RE- QUIREMENTS DEFINITION, CONTINGENCY PROGRAM MANAGEMENT, AND CONTIN- GENCY CONTRACTING Sec. 3151. Joint policy requirement. 3152. Requirements definition matters covered. 3153. Contingency program management matters covered. 3154. Contingency contracting matters covered. 3155. Training for personnel outside acquisition workforce. 3156. Mission readiness exercises. 3157. Definitions; applicability. § 3151. Joint policy requirement The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop joint policies for requirements defini- tion, contingency program management, and contingency contracting during combat oper- ations and post-conflict operations.