§ 1091. Personal services contracts

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title IX § 932(a)(1) · 97 Stat. 614

   Enacted · 10 U.S.C. § 1091

   Added Pub. L. 98–94, title IX, § 932(a)(1), Sept. 24, 1983, 97 Stat. 649

   Source evidence

   Code source credit
   Added Pub. L. 98–94, title IX, § 932(a)(1), Sept. 24, 1983, 97 Stat. 649

2. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title VII § 714 · 104 Stat. 1485

   Substituted · 10 U.S.C. § 1091(b)

   Pub. L. 101–510 substituted “basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications” for “basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commissioned officer”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–510 substituted “basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications” for “basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commissioned officer”.

   Enacted provision · exact public law section
   SEC. 714. INCREASE IN THE PAY LIMIT FOR PERSONAL SERVICES CONTRACTS FOR DIRECT HEALTH CARE PROVIDERS Section 1091(b) of title 10, United States Code, is amended by striking out “basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commissioned officer” and inserting in lieu thereof “basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications”.

3. 1993

   Pub. L. 103–160 div. A title VII § 712(a)(1) · 107 Stat. 1547

   1. Substituted · 10 U.S.C. § 1091

      Pub. L. 103–160 substituted “Personal services contracts” for “Contracts for direct health care providers” in section catchline

   2. Amended · 10 U.S.C. § 1091

      Pub. L. 103–160 amended text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 103–160 substituted “Personal services contracts” for “Contracts for direct health care providers” in section catchline and amended text generally. Prior to amendment, text read as follows:

   “(a) The Secretary concerned may contract with persons for services (including personal services) for the provision of direct health care services determined by the Secretary concerned to be required for the purposes of this chapter. “(b) A person with whom the Secretary contracts under this section for the provision of direct health care services under this chapter may be compensated at a rate prescribed by the Secretary concerned, but at a rate not greater than the rate of basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications in pay grade O–6 with 26 or more years of service computed under section 205 of such title.”

   Enacted provision · exact public law section
   (1) Section 1091 of title 10, United States Code, is amended to read as follows: “§ 1091. Personal services contracts “(a) Authority.— The Secretary of Defense may enter into personal services contracts to carry out health care responsibilities in medical treatment facilities of the Department of Defense, as determined to be necessary by the Secretary. The authority provided in this subsection is in addition to any other contract authorities of the Secretary, including authorities relating to the management of such facilities and the administration of this chapter. “(b) Limitation on Amount of Compensation.— In no case may the total amount of compensation paid to an individual in any year under a personal services contract entered into under subsection (a) exceed the amount of annual compensation (excluding the allowances for expenses) specified in section 102 of title 3. “(c) Procedures.— (1) The Secretary shall establish by regulation Regulations. procedures for entering into personal services contracts with individuals under subsection (a). At a minimum, such procedures shall assure— “(A) the provision of adequate notice of contract opportunities to individuals residing in the area of the medical treatment facility involved; and “(B) consideration of interested individuals solely on the basis of the qualifications established for the contract and the proposed contract price. “(2) Upon the establishment of the procedures under paragraph (1), the Secretary may exempt contracts covered by this section from the competitive contracting requirements specified in section 2304 of this title or any other similar requirements of law. “(d) Exceptions.— The procedures and exemptions provided under subsection (c) shall not apply to personal services contracts entered into under subsection (a) with entities other than individuals or to any contract that is not an authorized personal services contract under subsection (a).”.

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title VII § 733(a) · 110 Stat. 186

   1. Inserted · 10 U.S.C. § 1091(a)

      Pub. L. 104–106 inserted “, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Transportation, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense”

   2. Substituted · 10 U.S.C. § 1091(a)

      Pub. L. 104–106 substituted “such facilities” for “medical treatment facilities of the Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106 inserted “, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Transportation, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense” and substituted “such facilities” for “medical treatment facilities of the Department of Defense”.

   Enacted provision · exact public law section
   (a) Contracting Authority.— Section 1091(a) of title 10, United States Code, is amended— (1) by inserting after “Secretary of Defense” the following: “, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Transportation, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy,”; and (2) by striking out “medical treatment facilities of the Department of Defense” and inserting in lieu thereof “such facilities”.

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title VII § 736(a) · 111 Stat. 1629

   1. Amended · 10 U.S.C. § 1091(a)

      Pub. L. 105–85 designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 1091(a)

      Pub. L. 105–85 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Use of Contracts Outside Medical Treatment Facilities.— Section 1091(a) of title 10, United States Code, is amended— (1) by inserting “(1)” before “The Secretary of Defense”; and (2) by adding at the end the following new paragraph: “(2) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at Military Entrance Processing Stations) at locations outside medical treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary. The Secretary may not enter into a contract under this paragraph after the end of the one-year period beginning on the date of the enactment of this paragraph.”.

6. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title VII § 733(a) · 112 Stat. 1920

   Substituted · 10 U.S.C. § 1091(a)(2)

   Pub. L. 105–261 substituted “December 31, 2000” for “the end of the one-year period beginning on the date of the enactment of this paragraph”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 105–261 substituted “December 31, 2000” for “the end of the one-year period beginning on the date of the enactment of this paragraph”.

   Enacted provision · exact public law section
   (a) Extension of Authorization for Use of Personal Services Contracts.— Section 1091(a)(2) of title 10, United States Code, is amended in the second sentence by striking out “the end of the one-year period beginning on the date of the enactment of this paragraph” and inserting in lieu thereof “December 31, 2000”.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 1091(a)(2)

   Pub. L. 106–398 substituted “December 31, 2002” for “December 31, 2000”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–398 substituted “December 31, 2002” for “December 31, 2000”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

   Substituted · 10 U.S.C. § 1091(a)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.

   Enacted provision · exact public law section
   (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

9. 2002

   Pub. L. 107–314 div. A title VII § 707 · 116 Stat. 2458

   Substituted · 10 U.S.C. § 1091(a)(2)

   Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”.

   Enacted provision · exact public law section
   SEC. 707. EXTENSION OF TEMPORARY AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE RESPONSIBILITIES AT LOCATIONS OTHER THAN MILITARY MEDICAL TREATMENT FACILITIES. Section 1091(a)(2) of title 10, United States Code, is amended by striking “December 31, 2002” and inserting “December 31, 2003”.

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title VII § 721 · 117 Stat. 1392

    Struck · 10 U.S.C. § 1091(a)(2)

    Pub. L. 108–136 struck out at end “The Secretary may not enter into a contract under this paragraph after December 31, 2003.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–136 struck out at end “The Secretary may not enter into a contract under this paragraph after December 31, 2003.”

    Enacted provision · exact public law section
    SEC. 721. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE RESPONSIBILITIES AT LOCATIONS OTHER THAN MILITARY MEDICAL TREATMENT FACILITIES.   Section 1091(a)(2) of title 10, United States Code, is amended by striking “The Secretary may not enter into a contract under this paragraph after December 31, 2003.”.

11. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title VII § 713(b) · 126 Stat. 1632

    Added · 10 U.S.C. § 1091(c)(3)

    Pub. L. 112–239 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 112–239 added par. (3).

    Enacted provision · exact public law section
    (b) Applicability of Personal Services Contracting Authority to Subcontractors.— Section 1091(c) of such title is amended by adding at the end the following new paragraph: “(3) The procedures established under paragraph (1) may provide for a contracting officer to authorize a contractor to enter into a subcontract for personal services on behalf of the agency upon a determination that the subcontract is— “(A) consistent with the requirements of this section and the procedures established under paragraph (1); and “(B) in the best interests of the agency.” .

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1883(b)(2) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 1091(c)(2)

    Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections.

    Enacted provision · exact public law section
    * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

    Effective date note
    Amendment by section 1883(b)(2) of 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.

14 of 15 references resolved to an enrolled provision · 1 partial