§ 3138. Obligations for contract services: reporting in budget object classes

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. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title IX § 911(a)(1) · 112 Stat. 1920

   Enacted · 10 U.S.C. § 3138

   Added Pub. L. 105–261, div. A, title IX, § 911(a)(1), Oct. 17, 1998, 112 Stat. 2097, § 2212

   Source evidence

   Code source credit
   Added Pub. L. 105–261, div. A, title IX, § 911(a)(1), Oct. 17, 1998, 112 Stat. 2097, § 2212

   Enacted provision · exact public law section
   (1) Chapter 131 of title 10, United States Code, is amended by inserting after section 2211 the following new section: “§2212. Obligations for contract services: reporting in budget object classes “(a) Limitation on Reporting in Miscellaneous 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 percent of the total amount of obligations so reported is reported in the miscellaneous services object class. “(b) Definition of Reporting Categories for Advisory and Assistance Services.— In carrying out section 1105(g) of title 31 for the Department of Defense (and in determining what services are to be reported to the Office of Management and Budget in the advisory and assistance services object class), the Secretary of Defense shall apply to the terms used for the definition of ‘advisory and assistance services’ in paragraph (2)(A) of that section the following meanings (subject to the authorized exemptions): “(1) Management and professional support services.— The term ‘management and professional support services’ (used in clause (i) of section 1105(g)(2)(A) of title 31) means services that provide engineering or technical support, assistance, advice, or training for the efficient and effective management and operation of organizations, activities, or systems. Those services— “(A) are closely related to the basic responsibilities and mission of the using organization; and “(B) include efforts that support or contribute to improved organization or program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, auditing, and administrative or technical support for conferences 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 organized, analytic assessments to understand or evaluate complex issues to improve policy development, 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, analysis, 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 training 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 proposed Department of Defense budget for inclusion in the President’s budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall conduct are view of Department of Defense services expected to be performed as contract services during 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 defined in accordance with subsection (b)) are in fact properly classified, in accordance with that subsection, in the advisory and assistance services object class. “(d) Deadlines. 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 information derived from the review under subsection (c). “(e) Assessment by Comptroller General.— (1) The Comptroller General shall conduct a review of the report of the Secretary of Defense under subsection (d) each year and shall— “(A) assess the methodology used by the Secretary in obtaining the information submitted to Congress in that report; and “(B) assess the information submitted to Congress in that report. “(2) Not later than 120 days after the date on which the Secretary submits to Congress the report required under subsection (d) for any year, the Comptroller General shall submit to Congress the Comptroller General’s report containing 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 Circular A-11 (relating to preparation and submission of budget estimates) in budget object classes that are designated in the Object Class 25 series. “(2) The term ‘advisory and assistance services object class’ means those contract services constituting the budget object class that is denominated ‘Advisory and Assistance Service’ and designated (as of the date of the enactment of this section) as Object Class 25.1 (or any similar object class established after the date of the enactment of this section for the reporting of obligations for advisory and assistance contract services). “(3) The term ‘miscellaneous services object class’ means those contract services constituting the budget object class that is denominated ‘Other Services (services not otherwise specified in the 25 series)’ and designated (as of the date of the enactment of this section) as Object Class 25.2 (or any similar object class established after the date of the enactment of this section for the reporting of obligations for miscellaneous or unspecified contract services). “(4) The term ‘authorized exemptions’ means those exemptions authorized (as of the date of the enactment of this section) 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 Technology on February 10, 1992, such exemptions being set forth in Enclosure 3 to that directive (captioned ‘CAAS Exemptions’).”.

2. 1999

   Pub. L. 106–65 div. A title X § 1066(a)(17) · 113 Stat. 512

   1. Substituted · 10 U.S.C. § 3138(f)(2); 10 U.S.C. § 3138(f)(3)

      Pub. L. 106–65 substituted “as of October 17, 1998” for “as of the date of the enactment of this section”

   2. Substituted · 10 U.S.C. § 3138(f)(2); 10 U.S.C. § 3138(f)(3)

      Pub. L. 106–65 substituted “after October 17, 1998,” for “after the date of the enactment of this section”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (17) Section 2212(f) is amended— (A) in paragraphs (2) and (3), by striking “after the date of the enactment of this section” and inserting “after October 17, 1998,”; and (B) in paragraphs (2), (3), and (4), by striking “as of the date of the enactment of this section” and inserting “as of October 17, 1998”.

3. 1999

   Pub. L. 106–65 § 1066(a)(17)(B) · 113 Stat. 512

   Substituted · 10 U.S.C. § 3138(f)(4)

   Pub. L. 106–65, § 1066(a)(17)(B), substituted “as of October 17, 1998” for “as of the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 106–65, § 1066(a)(17)(B), substituted “as of October 17, 1998” for “as of the date of the enactment of this section”.

   Enacted provision · exact public law section
   (B) in paragraphs (2), (3), and (4), by striking “as of the date of the enactment of this section” and inserting “as of October 17, 1998”.

4. 2021

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

   Pub. L. 116–283 div. A title XVIII § 1809(i)(1) · 134 Stat. 3388

   Changed · 10 U.S.C. § 3138

   Pub. L. 116–283 renumbered section 2212 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2212 of this title as this section.

   Enacted provision · exact public law section
   (1) Transfer.— Section 2212 of title 10, United States Code, is transferred to chapter 207 of such title, as amended by subsection (a), added after section 3137, as transferred and redesignated by subsection (h), and redesignated as section 3138.

   Effective date note
   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.

5 of 5 references resolved to an enrolled provision