§ 129b. Authority to procure personal services

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. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIV § 1481(b)(1) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 129b

   Added Pub. L. 101–510, div. A, title XIV, § 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title XIV, § 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704

   Enacted provision · exact public law section
   (1) Chapter 3 of title 10, United States Code, is amended by inserting after section 129a (as added by section 1483(b)) the following new section: “§ 129b. Experts and consultants: authority to procure 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; 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.”.

2. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title X § 1061(a)(2) · 105 Stat. 1290

   Inserted · 10 U.S.C. § 129b

   Pub. L. 102–190 inserted “of” after “services” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 102–190 inserted “of” after “services” in section catchline.

   Enacted provision · exact public law section
   (2) The heading of section 129b is amended by inserting “of” at the end.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 841(b)(1) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 129b

   Pub. L. 108–136, § 841(b)(1), substituted “Authority to procure personal services” for “Experts and consultants: authority to procure services of” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 841(b)(1), substituted “Authority to procure personal services” for “Experts and consultants: authority to procure services of” in section catchline.

   Enacted provision · exact public law section
   (1) The heading for section 129b of such title is amended to read as follows: “§ 129b. Authority to procure personal services” .

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 841(a) · 117 Stat. 1392

   Added · 10 U.S.C. § 129b(d)

   Pub. L. 108–136, § 841(a), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–136, § 841(a), added subsec. (d).

   Enacted provision · exact public law section
   (a) Additional Authority.— Section 129b of title 10, United States Code, is amended by adding at the end the following new subsection: “(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 defense intelligence component or counter-intelligence organization of the Department of Defense; or “(C) directly support the mission of the special operations command of the Department of Defense. “(2) The contracting officer for a personal services contract under this subsection shall be responsible for ensuring that— “(A) the services to be procured are urgent or unique; and “(B) it would not be practicable for the Department to obtain such services by other means. “(3) The requirements of section 3109 of title 5 shall not apply to a contract entered into under this subsection.” .

4 of 4 references resolved to an enrolled provision