Title 10 — Armed Forces
Part V · Chapter 341 — Acquisition of Services Generally
§ 4505. Procurement of services: tracking of purchases
Statutory text
Data Collection Required.—
The Secretary of Defense shall establish a data collection system to provide management information with regard to each purchase of services by a military department or Defense Agency in excess of $3,000,000, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement, for services in the following service acquisition portfolio groups:
Logistics management services.
Equipment related services.
Knowledge-based services.
Electronics and communications services.
Data To Be Collected.—
The data required to be collected under subsection (a) includes the following:
The services purchased.
The total dollar amount of the purchase.
The form of contracting action used to make the purchase.
Whether the purchase was made through—
a performance-based contract, performance-based task order, or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed;
any other performance-based contract, performance-based task order, or performance-based arrangement; or
any contract, task order, or other arrangement that is not performance based.
In the case of a purchase made through an agency other than the Department of Defense, the agency through which the purchase is made.
The extent of competition provided in making the purchase and whether there was more than one offer.
Whether the purchase was made from—
a small business concern;
a small business concern owned and controlled by socially and economically disadvantaged individuals; or
a small business concern owned and controlled by women.
Inventory Summary.—
Not later than the end of the third quarter of each fiscal year, the Secretary of Defense shall prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts and contracts closely associated with inherently governmental functions on behalf of the Department of Defense. The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition and Sustainment, as follows:
The Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller), shall be responsible for developing guidance for—
the collection of data regarding functions and missions performed by contractors in a manner that is comparable to the manpower data elements used in inventories of functions performed by Department of Defense employees;
the calculation of contractor full-time equivalents for direct labor, using direct labor hours in a manner that is comparable to the calculation of Department of Defense civilian full-time employees; and
the conduct and completion of the annual review required under subsection (e)(1).
The Under Secretary of Defense for Acquisition and Sustainment shall be responsible for developing guidance on other data elements and implementing procedures for requirements relating to acquisition.
The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:
The functions and missions performed by the contractor.
The contracting organization, the component of the Department of Defense administering the contract, and the organization whose requirements are being met through contractor performance of the function.
The funding source for the contract under which the function is performed by appropriation and operating agency.
The fiscal year for which the activity first appeared on an inventory under this section.
The number of contractor employees, expressed as full-time equivalents for direct labor, using direct labor hours and associated cost data collected from contractors (except that estimates may be used where such data is not available and cannot reasonably be made available in a timely manner for the purpose of the inventory).
A determination whether the contract pursuant to which the activity is performed is a personal services contract.
A summary of the data required to be collected for the activity under subsection (a).
The inventory required under this subsection shall be submitted in unclassified form, but may include a classified annex.
Review and Planning Requirements.—
Within 90 days after the date on which an inventory is submitted under subsection (c), the Secretary of the military department or head of the Defense Agency responsible for activities in the inventory shall—
review the contracts and activities in the inventory for which such Secretary or agency head is responsible, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes):
Special studies or analysis that is not research and development.
Information technology and telecommunications.
Support, including professional, administrative, and management;
ensure that—
each contract on the list that is a personal services contract has been entered into, and is being performed, in accordance with applicable statutory and regulatory requirements;
the activities on the list do not include any inherently governmental functions; and
to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions; and
identify activities that should be considered for conversion—
to performance by civilian employees of the Department of Defense pursuant to section 2463 of this title; or
to an acquisition approach that would be more advantageous to the Department of Defense.
Development of Plan and Enforcement and Approval Mechanisms.—
The Secretary of the military department or head of the Defense Agency responsible for activities in the inventory shall develop a plan, including an enforcement mechanism and approval process, to—
provide for the use of the inventory by the military department or Defense Agency to implement the requirements of section 129a of this title;
ensure the inventory is used to inform strategic workforce planning;
facilitate use of the inventory for compliance with section 235 1 of this title; and
provide for appropriate consideration of the conversion of activities identified under subsection (e)(3) within a reasonable period of time.
Comptroller General Report.—
Not later than , the Comptroller General of the United States shall submit to the congressional defense committees a report on the status of the data collection required in subsection (a) and an assessment of the efforts by the Department of Defense to implement subsection (e).
Rule of Construction.—
Nothing in this section shall be construed to authorize the performance of personal services by a contractor except where expressly authorized by a provision of law other than this section.
Definitions.—
In this section:
Performance-based.—
The term “performance-based”, with respect to a contract, task order, or arrangement, means that the contract, task order, or arrangement, respectively, includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes.
Function closely associated with inherently governmental functions.—
The term “function closely associated with inherently governmental functions” has the meaning given that term in section 4508(b)(3) of this title.
Inherently governmental functions.—
The term “inherently governmental functions” has the meaning given that term in section 4508(b)(2) of this title.
Personal services contract.—
The term “personal services contract” means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract.
Service acquisition portfolio groups.—
The term “service acquisition portfolio groups” means the groups identified in Department of Defense Instruction 5000.74, Defense Acquisition of Services () or successor guidance.
Staff augmentation contracts.—
The term “staff augmentation contracts” means services contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s missions, including authorized personal services contracts.
Simplified acquisition threshold.—
The term “simplified acquisition threshold” has the meaning given the term in section 134 of title 41.
Small business act definitions.—
The term “small business concern” has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).
The terms “small business concern owned and controlled by socially and economically disadvantaged individuals” and “small business concern owned and controlled by women” have the meanings given such terms, respectively, in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).
Footnotes
- 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.
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title VIII § 801(c) · 115 Stat. 1012
Enacted · 10 U.S.C. § 4505
Added Pub. L. 107–107, div. A, title VIII, § 801(c), Dec. 28, 2001, 115 Stat. 1176, § 2330a
Source evidence
Code source credit
Added Pub. L. 107–107, div. A, title VIII, § 801(c), Dec. 28, 2001, 115 Stat. 1176, § 2330aEnacted provision · exact public law section
(c) Tracking of Procurement of Services.— Chapter 137 of title 10, United States Code, as amended by subsection (b), is further amended by inserting after section 2330 the following new section: “§ 2330a. Procurement of services: tracking of purchases “(a) Data Collection Required.— The Secretary of Defense shall establish a data collection system to provide management information with regard to each purchase of services by a military department or Defense Agency in excess of the simplified acquisition threshold, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement. “(b) Data To Be Collected.— The data required to be collected under subsection (a) includes the following: “(1) The services purchased. “(2) The total dollar amount of the purchase. “(3) The form of contracting action used to make the purchase. “(4) Whether the purchase was made through— “(A) a performance-based contract, performance-based task order, or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed; “(B) any other performance-based contract, performance-based task order, or performance-based arrangement; or “(C) any contract, task order, or other arrangement that is not performance based. “(5) In the case of a purchase made through an agency other than the Department of Defense, the agency through which the purchase is made. “(6) The extent of competition provided in making the purchase and whether there was more than one offer. “(7) Whether the purchase was made from— “(A) a small business concern; “(B) a small business concern owned and controlled by socially and economically disadvantaged individuals; or “(C) a small business concern owned and controlled by women. “(c) Compatibility With Data Collection System for Information Technology Purchases.— To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section 2225 of this title. “(d) Definitions.— In this section: “(1) The term ‘performance-based’, with respect to a contract, task order, or arrangement, means that the contract, task order, or arrangement, respectively, includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes. “(2) The definitions set forth in section 2225(f) of this title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, and ‘small business concern owned and controlled by women’ shall apply.”.Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 807(a)(1) · 122 Stat. 3
Added · 10 U.S.C. § 4505(c)(g)
Pub. L. 110–181, § 807(a)(1), (2), added subsecs. (c) to (f)
Redesignated · 10 U.S.C. § 4505(c)(g)
Pub. L. 110–181, § 807(a)(1), (2), redesignated former subsec. (d) as (g)
Struck · 10 U.S.C. § 4505(c)(g)
Pub. L. 110–181, § 807(a)(1), (2), struck out heading and text of former subsec. (c). Former text read as follows: “To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section 2225 of this title.”
Source evidence
Code amendment note
Subsecs. (c) to (g). Pub. L. 110–181, § 807(a)(1), (2), added subsecs. (c) to (f), redesignated former subsec. (d) as (g), and struck out heading and text of former subsec. (c). Former text read as follows: “To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section 2225 of this title.”Enacted provision · exact public law section
(1) by redesignating subsection (d) as subsection (g);Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 807(a)(3) · 122 Stat. 3
Added · 10 U.S.C. § 4505(g)(3)(5)
Pub. L. 110–181, § 807(a)(3), added pars. (3) to (5)
Source evidence
Code amendment note
Subsec. (g)(3) to (5). Pub. L. 110–181, § 807(a)(3), added pars. (3) to (5).Enacted provision · exact public law section
(3) by adding at the end of subsection (g) (as so redesignated) the following new paragraphs: “(3) Function closely associated with inherently governmental functions.— The term ‘function closely associated with inherently governmental functions’ has the meaning given that term in section 2383(b)(3) of this title. “(4) Inherently governmental functions.— The term ‘inherently governmental functions’ has the meaning given that term in section 2383(b)(2) of this title. “(5) Personal services contract.— The term ‘personal services contract’ means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract.” .National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title VIII § 803(b) · 123 Stat. 2190
Inserted · 10 U.S.C. § 4505(e)(4)
Pub. L. 111–84 inserted “, including an enforcement mechanism and approval process,” after “plan”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 111–84 inserted “, including an enforcement mechanism and approval process,” after “plan”.Enacted provision · exact public law section
(b) Clarification of Contract Services Review and Planning Requirements.— Section 2330a(e) of title 10, United States Code, is amended in paragraph (4) by inserting after “plan” the following: “, including an enforcement mechanism and approval process,”.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 321(2) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4505(c)
Pub. L. 111–383, § 321(2) to (4), substituted “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:” for “The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:” in par. (1)
Added · 10 U.S.C. § 4505(c)
Pub. L. 111–383, § 321(2) to (4), added new subpars. (A) and (B) to par. (1)
Inserted · 10 U.S.C. § 4505(c)
Pub. L. 111–383, § 321(2) to (4), inserted par. (2) designation and introductory provisions before former subpars. (A) to (G) of par. (1) thereby making them part of par. (2)
Added · 10 U.S.C. § 4505(c)
Pub. L. 111–383, § 321(2) to (4), added subpar. (E)
Struck · 10 U.S.C. § 4505(c)
Pub. L. 111–383, § 321(2) to (4), struck out former subpar. (E) which read as follows: “The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 111–383, § 321(2) to (4), substituted “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:” for “The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:” in par. (1), added new subpars. (A) and (B) to par. (1), inserted par. (2) designation and introductory provisions before former subpars. (A) to (G) of par. (1) thereby making them part of par. (2), added subpar. (E), and struck out former subpar. (E) which read as follows: “The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.”Enacted provision · exact public law section
(2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking the second sentence; (B) by inserting after the first sentence the following new sentence: Guidance. “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:”; and (C) by inserting after the sentence added by subparagraph (B) the following: “(A) The Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller), shall be responsible for developing guidance for— “(i) the collection of data regarding functions and missions performed by contractors in a manner that is comparable to the manpower data elements used in inventories of functions performed by Department of Defense employees; and “(ii) the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees. “(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible for developing guidance on other data elements and implementing procedures.” ;Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 321(1) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 4505(c)(2); 10 U.S.C. § 4505(c)(3)
Pub. L. 111–383, § 321(1), redesignated par. (2) as (3)
Source evidence
Code amendment note
Subsec. (c)(2), (3). Pub. L. 111–383, § 321(1), redesignated par. (2) as (3).Enacted provision · exact public law section
(1) by redesignating paragraph (2) as paragraph (3);National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 936(a)(1) · 125 Stat. 1298
Inserted · 10 U.S.C. § 4505(c)(1)
Pub. L. 112–81, § 936(a)(1), inserted “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)” after “pursuant to contracts for services” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 112–81, § 936(a)(1), inserted “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)” after “pursuant to contracts for services” in introductory provisions.Enacted provision · exact public law section
(1) by inserting after “pursuant to contracts for services” the following: “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)”;National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 936(a)(2) · 125 Stat. 1298
Added · 10 U.S.C. § 4505(c)(1)(A)(ii); 10 U.S.C. § 4505(c)(1)(A)(iii)
Pub. L. 112–81, § 936(a)(2), added cls. (ii) and (iii)
Struck · 10 U.S.C. § 4505(c)(1)(A)(ii); 10 U.S.C. § 4505(c)(1)(A)(iii)
Pub. L. 112–81, § 936(a)(2), struck out former cl. (ii) which read as follows: “the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.”
Source evidence
Code amendment note
Subsec. (c)(1)(A)(ii), (iii). Pub. L. 112–81, § 936(a)(2), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.”Enacted provision · exact public law section
(2) in subparagraph (A)— (A) by striking “and” at the end of clause (i); and (B) by striking clause (ii) and inserting the following: “(ii) the calculation of contractor full-time equivalents for direct labor, using direct labor hours in a manner that is comparable to the calculation of Department of Defense civilian full-time employees; and “(iii) the conduct and completion of the annual review required under subsection (e)(1).” ; andNational Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 936(a)(3) · 125 Stat. 1298
Inserted · 10 U.S.C. § 4505(c)(1)(B)
Pub. L. 112–81, § 936(a)(3), inserted “for requirements relating to acquisition” before period at end
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 112–81, § 936(a)(3), inserted “for requirements relating to acquisition” before period at end.Enacted provision · exact public law section
(3) in subparagraph (B), by inserting “for requirements relating to acquisition” before the period.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 936(b) · 125 Stat. 1298
Inserted · 10 U.S.C. § 4505(e)(2)(4)
Pub. L. 112–81, § 936(b), inserted “and” at end of par. (2)
Substituted · 10 U.S.C. § 4505(e)(2)(4)
Pub. L. 112–81, § 936(b), substituted period for “; and” at end of par. (3)
Struck · 10 U.S.C. § 4505(e)(2)(4)
Pub. L. 112–81, § 936(b), struck out par. (4) which read as follows: “develop a plan, including an enforcement mechanism and approval process, to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.”
Source evidence
Code amendment note
Subsec. (e)(2) to (4). Pub. L. 112–81, § 936(b), inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and struck out par. (4) which read as follows: “develop a plan, including an enforcement mechanism and approval process, to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.”Enacted provision · exact public law section
(b) Amendments Relating to Review and Planning Requirements.— Section 2330a(e) of such title is amended— (1) by inserting “and” at the end of paragraph (2); (2) by striking “; and” at the end of paragraph (3) and inserting a period; and (3) by striking paragraph (4).National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 936(c) · 125 Stat. 1298
Added · 10 U.S.C. § 4505(f)(h)
Pub. L. 112–81, § 936(c), added subsec. (f)
Redesignated · 10 U.S.C. § 4505(f)(h)
Pub. L. 112–81, § 936(c), redesignated former subsecs. (f) and (g) as (g) and (h), respectively
Source evidence
Code amendment note
Subsec. (f) to (h). Pub. L. 112–81, § 936(c), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.Enacted provision · exact public law section
(c) Development of Plan and Enforcement and Approval Mechanisms.— Section 2330a of such title is further amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): “(f) Development of Plan and Enforcement and Approval Mechanisms.— The Secretary of the military department or head of the Defense Agency responsible for activities in the inventory shall develop a plan, including an enforcement mechanism and approval process, to— “(1) provide for the use of the inventory by the military department or Defense Agency to implement the requirements of section 129a of this title; “(2) ensure the inventory is used to inform strategic workforce planning; “(3) facilitate use of the inventory for compliance with section 235 of this title; and “(4) provide for appropriate consideration of the conversion of activities identified under subsection (e)(3) within a reasonable period of time.” .National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title IX § 951(a) · 127 Stat. 672
Added · 10 U.S.C. § 4505(g)(j)
Pub. L. 113–66 added subsecs. (g) and (h)
Redesignated · 10 U.S.C. § 4505(g)(j)
Pub. L. 113–66 redesignated former subsecs. (g) and (h) as (i) and (j), respectively
Source evidence
Code amendment note
Subsecs. (g) to (j). Pub. L. 113–66 added subsecs. (g) and (h) and redesignated former subsecs. (g) and (h) as (i) and (j), respectively.Enacted provision · exact public law section
(a) Reports Required.— Section 2330a of title 10, United States Code, is amended— (1) by redesignating subsections (g) and (h) as subsections (i) and (j), respectively; and (2) by inserting after subsection (f) the following new subsections (g) and (h): “(g) Inspector General Report.— Not later than May 1 of each year, beginning with 2014 and ending with 2016, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report containing the Inspector General’s assessment of— “(1) the efforts by the Department of Defense to compile the inventory pursuant to subsection (c); and “(2) the reviews conducted under subsection (e), including the actions taken to resolve the findings of the reviews in accordance with section 2463 of this title. “(h) Comptroller General Report.— Not later than September 30 of each year, beginning with 2014 and ending with 2016, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of the efforts by the Department of Defense to implement subsections (e) and (f).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(a) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4505(a)
Pub. L. 114–328, § 812(a), (b), substituted “in excess of $3,000,000” for “in excess of the simplified acquisition threshold” and “, for services in the following service acquisition portfolio groups:” for period at end
Added · 10 U.S.C. § 4505(a)
Pub. L. 114–328, § 812(a), (b), added pars. (1) to (4)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 812(a), (b), substituted “in excess of $3,000,000” for “in excess of the simplified acquisition threshold” and “, for services in the following service acquisition portfolio groups:” for period at end and added pars. (1) to (4).Enacted provision · exact public law section
(a) Increased Threshold.— Subsection (a) of section 2330a of title 10, United States Code, is amended by striking “in excess of the simplified acquisition threshold” and inserting “in excess of $3,000,000”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(c)(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4505(c)
Pub. L. 114–328, § 812(c)(1), substituted “Inventory Summary” for “Inventory” in heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 812(c)(1), substituted “Inventory Summary” for “Inventory” in heading.Enacted provision · exact public law section
(1) by striking “(c) Inventory.—” and inserting “(c) Inventory Summary.—”; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(c)(2) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4505(c)(1)
Pub. L. 114–328, § 812(c)(2), substituted “prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts on behalf” for “submit to Congress an annual inventory of the activities performed during the preceding fiscal year pursuant to contracts for services (and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract) for or on behalf”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 114–328, § 812(c)(2), substituted “prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts on behalf” for “submit to Congress an annual inventory of the activities performed during the preceding fiscal year pursuant to contracts for services (and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract) for or on behalf”.Enacted provision · exact public law section
(2) in paragraph (1), by striking “submit to Congress an annual inventory” and all that follows through “for or on behalf” and inserting “prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts on behalf”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(d) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4505(d)
Pub. L. 114–328, § 812(d), redesignated subsec. (e) as (d)
Struck · 10 U.S.C. § 4505(d)
Pub. L. 114–328, § 812(d), struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Not later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to Congress, the Secretary shall—
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 812(d), redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Not later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to Congress, the Secretary shall—“(1) make the inventory available to the public; and “(2) publish in the Federal Register a notice that the inventory is available to the public.”
Enacted provision · exact public law section
(d) Elimination of Certain Requirements.— Such section is further amended— (1) by striking subsections (d), (g), and (h); and (2) by redesignating subsections (e), (f), (i), and (j) as subsections (d), (e), (g), and (h), respectively.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(e) · 130 Stat. 2000
Inserted · 10 U.S.C. § 4505(d)(1)
Pub. L. 114–328, § 812(e), inserted “, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes):” after “responsible”
Added · 10 U.S.C. § 4505(d)(1)
Pub. L. 114–328, § 812(e), added subpars. (A) to (C)
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 114–328, § 812(e), inserted “, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes):” after “responsible” and added subpars. (A) to (C).Enacted provision · exact public law section
(e) Specification of Services to Be Reviewed.— Subsection (d), as so redesignated, of such section, is amended in paragraph (1) by inserting after “responsible” the following: “, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes): “(A) Special studies or analysis that is not research and development. “(B) Information technology and telecommunications. “(C) Support, including professional, administrative, and management.” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(d)(2) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4505(e)
Pub. L. 114–328, § 812(d)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–328, § 812(d)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).Enacted provision · exact public law section
(2) by redesignating subsections (e), (f), (i), and (j) as subsections (d), (e), (g), and (h), respectively.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(f) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4505(f)
Pub. L. 114–328, § 812(f), added subsec. (f). Former subsec. (f) redesignated (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–328, § 812(f), added subsec. (f). Former subsec. (f) redesignated (e).Enacted provision · exact public law section
(f) Comptroller General Report.— Such section is further amended by inserting after subsection (e), as so redesignated, the following new subsection (f): “(f) Comptroller General Report.— Not later than March 31, 2018, the Comptroller General of the United States shall submit to the congressional defense committees a report on the status of the data collection required in subsection (a) and an assessment of the efforts by the Department of Defense to implement subsection (e).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(d) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4505(g); 10 U.S.C. § 4505(h)
Pub. L. 114–328, § 812(d), redesignated subsecs. (i) and (j) as (g) and (h), respectively
Struck · 10 U.S.C. § 4505(g); 10 U.S.C. § 4505(h)
Pub. L. 114–328, § 812(d), struck out former subsecs. (g) and (h) which related to Inspector General reports and Comptroller General reports, respectively
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 114–328, § 812(d), redesignated subsecs. (i) and (j) as (g) and (h), respectively, and struck out former subsecs. (g) and (h) which related to Inspector General reports and Comptroller General reports, respectively.Enacted provision · exact public law section
(d) Elimination of Certain Requirements.— Such section is further amended— (1) by striking subsections (d), (g), and (h); and (2) by redesignating subsections (e), (f), (i), and (j) as subsections (d), (e), (g), and (h), respectively.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 833(b)(2)(C)(ii)(I) · 130 Stat. 2000
Amended · 10 U.S.C. § 4505(h)(2)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(I), (II), as amended by Pub. L. 115–91, § 1081(d)(6)(A)
Redesignated · 10 U.S.C. § 4505(h)(2)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(I), (II), as redesignated par. (3) as (2)
Struck · 10 U.S.C. § 4505(h)(2)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(I), (II), as struck out former par. (2). Prior to amendment, par. (2) read as follows: “The definitions set forth in section 2225(f) of this title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, and ‘small business concern owned and controlled by women’ shall apply.”
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 114–328, § 833(b)(2)(C)(ii)(I), (II), as amended by Pub. L. 115–91, § 1081(d)(6)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, par. (2) read as follows: “The definitions set forth in section 2225(f) of this title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, and ‘small business concern owned and controlled by women’ shall apply.”Enacted provision · exact public law section
(I) by striking paragraph (2);National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 833(b)(2)(C)(ii)(II) · 130 Stat. 2000
Amended · 10 U.S.C. § 4505(h)(3); 10 U.S.C. § 4505(h)(4)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(II), as amended by Pub. L. 115–91, § 1081(d)(6)(A)
Redesignated · 10 U.S.C. § 4505(h)(3); 10 U.S.C. § 4505(h)(4)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(II), as redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2)
Source evidence
Code amendment note
Subsec. (h)(3), (4). Pub. L. 114–328, § 833(b)(2)(C)(ii)(II), as amended by Pub. L. 115–91, § 1081(d)(6)(A), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).Enacted provision · exact public law section
(II) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 833(b)(2)(C)(ii)(III) · 130 Stat. 2000
Amended · 10 U.S.C. § 4505(h)(5)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A)
Redesignated · 10 U.S.C. § 4505(h)(5)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as added par. (5). Former par. (5) redesignated (4)
Source evidence
Code amendment note
Subsec. (h)(5). Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A), added par. (5). Former par. (5) redesignated (4).Enacted provision · exact public law section
(III) by adding at the end the following new paragraphs: “(5) Simplified acquisition threshold.— The term ‘simplified acquisition threshold’ has the meaning given the term in section 134 of title 41. “(6) Small business act definitions.— “(A) The term ‘small business concern’ has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). “(B) The terms ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ and ‘small business concern owned and controlled by women’ have the meanings given such terms, respectively, in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 833(b)(2)(C)(ii)(III) · 130 Stat. 2000
Amended · 10 U.S.C. § 4505(h)(6)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A)
Added · 10 U.S.C. § 4505(h)(6)
Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as added par. (6) relating to Small Business Act definitions
Source evidence
Code amendment note
Subsec. (h)(6). Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A), added par. (6) relating to Small Business Act definitions.Enacted provision · exact public law section
(III) by adding at the end the following new paragraphs: “(5) Simplified acquisition threshold.— The term ‘simplified acquisition threshold’ has the meaning given the term in section 134 of title 41. “(6) Small business act definitions.— “(A) The term ‘small business concern’ has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). “(B) The terms ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ and ‘small business concern owned and controlled by women’ have the meanings given such terms, respectively, in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(g) · 130 Stat. 2000
Added · 10 U.S.C. § 4505(h)(6)
Pub. L. 114–328, § 812(g), added par. (6) defining “service acquisition portfolio groups”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 812(g), added par. (6) defining “service acquisition portfolio groups”.Enacted provision · exact public law section
(g) Definitions.— Subsection (h), as so redesignated, of such section is amended by adding at the end the following new paragraphs: “(6) The term ‘service acquisition portfolio groups’ means the groups identified in Department of Defense Instruction 5000.74, Defense Acquisition of Services (January 5, 2016) or successor guidance. “(7) The term ‘staff augmentation contracts’ means services contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s missions, including authorized personal services contracts (as that term is defined in section 2330a(g)(5) of this title).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(g) · 130 Stat. 2000
Added · 10 U.S.C. § 4505(h)(7)
Pub. L. 114–328, § 812(g), added par. (7)
Source evidence
Code amendment note
Subsec. (h)(7). Pub. L. 114–328, § 812(g), added par. (7).Enacted provision · exact public law section
(g) Definitions.— Subsection (h), as so redesignated, of such section is amended by adding at the end the following new paragraphs: “(6) The term ‘service acquisition portfolio groups’ means the groups identified in Department of Defense Instruction 5000.74, Defense Acquisition of Services (January 5, 2016) or successor guidance. “(7) The term ‘staff augmentation contracts’ means services contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s missions, including authorized personal services contracts (as that term is defined in section 2330a(g)(5) of this title).” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 812(d)(2) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4505(i); 10 U.S.C. § 4505(j)
Pub. L. 114–328, § 812(d)(2), redesignated subsecs. (i) and (j) as (g) and (h), respectively
Source evidence
Code amendment note
Subsecs. (i), (j). Pub. L. 114–328, § 812(d)(2), redesignated subsecs. (i) and (j) as (g) and (h), respectively.Enacted provision · exact public law section
(2) by redesignating subsections (e), (f), (i), and (j) as subsections (d), (e), (g), and (h), respectively.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(A) · 131 Stat. 1283
Struck · 10 U.S.C. § 4505(d)(1)(C)
Pub. L. 115–91, § 1081(a)(30)(A), struck out period before semicolon at end
Source evidence
Code amendment note
Subsec. (d)(1)(C). Pub. L. 115–91, § 1081(a)(30)(A), struck out period before semicolon at end.Enacted provision · exact public law section
(A) in subsection (d)(1)(C), by striking “management.;” and inserting “management;”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(i) · 131 Stat. 1283
Inserted · 10 U.S.C. § 4505(h)(1)
Pub. L. 115–91, § 1081(a)(30)(B)(i), inserted heading
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 115–91, § 1081(a)(30)(B)(i), inserted heading.Enacted provision · exact public law section
(i) in paragraph (1), by inserting “Performance-based.—” after “(1)”;National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(d)(6)(A) · 131 Stat. 1283
Amended · 10 U.S.C. § 4505(h)(2)(4)
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment notes below
Source evidence
Code amendment note
Subsec. (h)(2) to (4). Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment notes below.Enacted provision · exact public law section
(A) in clause (ii), by striking “Section 2330a(j) of title 10, United States Code,” and inserting “Section 2330a(h) of title 10, United States Code, as redesignated by section 812(d),”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(iii) · 131 Stat. 1283
Inserted · 10 U.S.C. § 4505(h)(5)
Pub. L. 115–91, § 1081(a)(30)(B)(iii), inserted heading
Source evidence
Code amendment note
Subsec. (h)(5). Pub. L. 115–91, § 1081(a)(30)(B)(iii), inserted heading.Enacted provision · exact public law section
(iii) in paragraph (5), as redesignated, by inserting “Service acquisition portfolio groups.—” after “(5)”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(ii) · 131 Stat. 1283
Redesignated · 10 U.S.C. § 4505(h)(5)
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) defining “service acquisition portfolio groups” as (5). Former par. (5) redesignated (7)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) defining “service acquisition portfolio groups” as (5). Former par. (5) redesignated (7).Enacted provision · exact public law section
(ii) by designating the four paragraphs after paragraph (4) as paragraphs (5), (6), (7), and (8), respectively;National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(d)(6)(A) · 131 Stat. 1283
Amended · 10 U.S.C. § 4505(h)(5)
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below.Enacted provision · exact public law section
(A) in clause (ii), by striking “Section 2330a(j) of title 10, United States Code,” and inserting “Section 2330a(h) of title 10, United States Code, as redesignated by section 812(d),”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(iv) · 131 Stat. 1283
Inserted · 10 U.S.C. § 4505(h)(6)
Pub. L. 115–91, § 1081(a)(30)(B)(iv), inserted heading
Source evidence
Code amendment note
Subsec. (h)(6). Pub. L. 115–91, § 1081(a)(30)(B)(iv), inserted heading.Enacted provision · exact public law section
(iv) in paragraph (6), as redesignated, by inserting “Staff augmentation contracts.—” after “(6)”.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(ii) · 131 Stat. 1283
Redesignated · 10 U.S.C. § 4505(h)(6)
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (7) as (6). Former par. (6) defining “service acquisition portfolio groups” redesignated (5) and former par. (6) relating to Small Business Act definitions redesignated (8)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (7) as (6). Former par. (6) defining “service acquisition portfolio groups” redesignated (5) and former par. (6) relating to Small Business Act definitions redesignated (8).Enacted provision · exact public law section
(ii) by designating the four paragraphs after paragraph (4) as paragraphs (5), (6), (7), and (8), respectively;National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(d)(6)(A) · 131 Stat. 1283
Amended · 10 U.S.C. § 4505(h)(6)
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below.Enacted provision · exact public law section
(A) in clause (ii), by striking “Section 2330a(j) of title 10, United States Code,” and inserting “Section 2330a(h) of title 10, United States Code, as redesignated by section 812(d),”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(ii) · 131 Stat. 1283
Redesignated · 10 U.S.C. § 4505(h)(7)
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (5) as (7). Former par. (7) redesignated (6)
Source evidence
Code amendment note
Subsec. (h)(7). Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (5) as (7). Former par. (7) redesignated (6).Enacted provision · exact public law section
(ii) by designating the four paragraphs after paragraph (4) as paragraphs (5), (6), (7), and (8), respectively;National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(30)(B)(ii) · 131 Stat. 1283
Redesignated · 10 U.S.C. § 4505(h)(8)
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) relating to Small Business Act definitions as (8)
Source evidence
Code amendment note
Subsec. (h)(8). Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) relating to Small Business Act definitions as (8).Enacted provision · exact public law section
(ii) by designating the four paragraphs after paragraph (4) as paragraphs (5), (6), (7), and (8), respectively;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 819 · 132 Stat. 1636
Inserted · 10 U.S.C. § 4505(c)(1)
Pub. L. 115–232, in introductory provisions, inserted “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts”
Substituted · 10 U.S.C. § 4505(c)(1)
Pub. L. 115–232, in introductory provisions, substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–232, in introductory provisions, inserted “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts” and substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.Enacted provision · exact public law section
SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CONTRACTS. Section 2330a of title 10, United States Code, is amended in subsection (c)(1)— (1) by inserting “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts”; and (2) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 819(2) · 132 Stat. 1636
Substituted · 10 U.S.C. § 4505(c)(1)(B)
Pub. L. 115–232, § 819(2), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 115–232, § 819(2), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.Enacted provision · exact public law section
(2) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1856(g) · 134 Stat. 3388
Changed · 10 U.S.C. § 4505
Pub. L. 116–283, § 1856(g), renumbered section 2330a of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1856(g), renumbered section 2330a of this title as this section.Enacted provision · exact public law section
(g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l of Title 10.— Sections 2330a, 2329, 2331, 2383, and 2410l of title 10, United States Code, are transferred to chapter 341 of such title, inserted (in that order) after section 4502, as designated by subsection (c), and redesignated as sections 4505, 4506, 4507, 4508, and 4509, respectively.Effective date note
Amendment by section 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4505(h)(2)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4508(b)(3)” for “section 2383(b)(3)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1883(b)(2), substituted “section 4508(b)(3)” for “section 2383(b)(3)”.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 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1856(h) · 134 Stat. 3388
Amended · 10 U.S.C. § 4505(h)(3)
Pub. L. 116–283, § 1856(h), as amended by Pub. L. 117–81, § 1701(b)(19)(B)
Substituted · 10 U.S.C. § 4505(h)(3)
Pub. L. 116–283, § 1856(h), as substituted “section 4508(b)(2)” for “section 2383(b)(2)”
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 116–283, § 1856(h), as amended by Pub. L. 117–81, § 1701(b)(19)(B), substituted “section 4508(b)(2)” for “section 2383(b)(2)”.Enacted provision · exact public law section
(h) Conforming Cross-reference Amendment.— Subsection (h)(3) of section 4505 of title 10, United States Code, as transferred and redesignated by subsection (d), is amended by striking “section 2383(b)(2)” and inserting “section 4508(b)(2)”.Effective date note
Amendment by section 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4505(h)(6)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(g)(5)” for “section 2330a(g)(5)”
Source evidence
Code amendment note
Subsec. (h)(6). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(g)(5)” for “section 2330a(g)(5)”.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 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(d)(13) · 135 Stat. 1541
Substituted · 10 U.S.C. § 4505(h)(2)
Pub. L. 117–81, § 1701(d)(13), which directed the substitution of “section 4508(b)(3)” for “section 2383(b)(3)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 117–81, § 1701(d)(13), which directed the substitution of “section 4508(b)(3)” for “section 2383(b)(3)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.Enacted provision · exact public law section
(13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking “section 2383(b)(3)” in subsection (h)(2) and inserting “section 4508(b)(3)”.Effective date note
Amendment by section 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.Pub. L. 118–159 div. A title XVII § 1701(a)(40) · 138 Stat. 2206
Struck · 10 U.S.C. § 4505(h)(6)
Pub. L. 118–159 struck out “(as that term is defined in section 4505(g)(5) of this title)” after “personal services contracts”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (h)(6). Pub. L. 118–159 struck out “(as that term is defined in section 4505(g)(5) of this title)” after “personal services contracts”.
67 of 68 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
Section 235 of this title, referred to in subsec. (e)(3), was repealed by Pub. L. 117–81, div. A, title VIII, § 815(b)(1), , 135 Stat 1825.
Prior Provisions
A prior section 4505, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, which related to procurement by Secretary of the Army of production equipment, was repealed by Pub. L. 103–160, div. A, title VIII, § 823(1), , 107 Stat. 1707.
Amendments2008–2024 · 9 rounds
2024
Subsec. (h)(6). Pub. L. 118–159 struck out “(as that term is defined in section 4505(g)(5) of this title)” after “personal services contracts”.
2021
Pub. L. 116–283, § 1856(g), renumbered section 2330a of this title as this section.
Subsec. (h)(2). Pub. L. 117–81, § 1701(d)(13), which directed the substitution of “section 4508(b)(3)” for “section 2383(b)(3)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.
Pub. L. 116–283, § 1883(b)(2), substituted “section 4508(b)(3)” for “section 2383(b)(3)”.
Subsec. (h)(3). Pub. L. 116–283, § 1856(h), as amended by Pub. L. 117–81, § 1701(b)(19)(B), substituted “section 4508(b)(2)” for “section 2383(b)(2)”.
Subsec. (h)(6). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(g)(5)” for “section 2330a(g)(5)”.
2018
Subsec. (c)(1). Pub. L. 115–232, in introductory provisions, inserted “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts” and substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (c)(1)(B). Pub. L. 115–232, § 819(2), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2017
Subsec. (d)(1)(C). Pub. L. 115–91, § 1081(a)(30)(A), struck out period before semicolon at end.
Subsec. (h)(1). Pub. L. 115–91, § 1081(a)(30)(B)(i), inserted heading.
Subsec. (h)(2) to (4). Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment notes below.
Subsec. (h)(5). Pub. L. 115–91, § 1081(a)(30)(B)(iii), inserted heading.
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) defining “service acquisition portfolio groups” as (5). Former par. (5) redesignated (7).
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below.
Subsec. (h)(6). Pub. L. 115–91, § 1081(a)(30)(B)(iv), inserted heading.
Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (7) as (6). Former par. (6) defining “service acquisition portfolio groups” redesignated (5) and former par. (6) relating to Small Business Act definitions redesignated (8).
Pub. L. 115–91, § 1081(d)(6)(A), amended directory language of Pub. L. 114–328, § 833(b)(2)(C)(ii). See 2016 Amendment note below.
Subsec. (h)(7). Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (5) as (7). Former par. (7) redesignated (6).
Subsec. (h)(8). Pub. L. 115–91, § 1081(a)(30)(B)(ii), redesignated par. (6) relating to Small Business Act definitions as (8).
2016
Subsec. (a). Pub. L. 114–328, § 812(a), (b), substituted “in excess of $3,000,000” for “in excess of the simplified acquisition threshold” and “, for services in the following service acquisition portfolio groups:” for period at end and added pars. (1) to (4).
Subsec. (c). Pub. L. 114–328, § 812(c)(1), substituted “Inventory Summary” for “Inventory” in heading.
Subsec. (c)(1). Pub. L. 114–328, § 812(c)(2), substituted “prepare an annual inventory, and submit to Congress a summary of the inventory, of activities performed during the preceding fiscal year pursuant to staff augmentation contracts on behalf” for “submit to Congress an annual inventory of the activities performed during the preceding fiscal year pursuant to contracts for services (and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract) for or on behalf”.
Subsec. (d). Pub. L. 114–328, § 812(d), redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Not later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to Congress, the Secretary shall—
“(1) make the inventory available to the public; and
“(2) publish in the Federal Register a notice that the inventory is available to the public.”
Subsec. (d)(1). Pub. L. 114–328, § 812(e), inserted “, with particular focus and attention on the following categories of high-risk product service codes (also referred to as Federal supply codes):” after “responsible” and added subpars. (A) to (C).
Subsec. (e). Pub. L. 114–328, § 812(d)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 114–328, § 812(f), added subsec. (f). Former subsec. (f) redesignated (e).
Subsecs. (g), (h). Pub. L. 114–328, § 812(d), redesignated subsecs. (i) and (j) as (g) and (h), respectively, and struck out former subsecs. (g) and (h) which related to Inspector General reports and Comptroller General reports, respectively.
Subsec. (h)(2). Pub. L. 114–328, § 833(b)(2)(C)(ii)(I), (II), as amended by Pub. L. 115–91, § 1081(d)(6)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, par. (2) read as follows: “The definitions set forth in section 2225(f) of this title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, and ‘small business concern owned and controlled by women’ shall apply.”
Subsec. (h)(3), (4). Pub. L. 114–328, § 833(b)(2)(C)(ii)(II), as amended by Pub. L. 115–91, § 1081(d)(6)(A), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (h)(5). Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A), added par. (5). Former par. (5) redesignated (4).
Subsec. (h)(6). Pub. L. 114–328, § 833(b)(2)(C)(ii)(III), as amended by Pub. L. 115–91, § 1081(d)(6)(A), added par. (6) relating to Small Business Act definitions.
Pub. L. 114–328, § 812(g), added par. (6) defining “service acquisition portfolio groups”.
Subsec. (h)(7). Pub. L. 114–328, § 812(g), added par. (7).
Subsecs. (i), (j). Pub. L. 114–328, § 812(d)(2), redesignated subsecs. (i) and (j) as (g) and (h), respectively.
2013
Subsecs. (g) to (j). Pub. L. 113–66 added subsecs. (g) and (h) and redesignated former subsecs. (g) and (h) as (i) and (j), respectively.
2011
Subsec. (c). Pub. L. 111–383, § 321(2) to (4), substituted “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:” for “The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:” in par. (1), added new subpars. (A) and (B) to par. (1), inserted par. (2) designation and introductory provisions before former subpars. (A) to (G) of par. (1) thereby making them part of par. (2), added subpar. (E), and struck out former subpar. (E) which read as follows: “The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.”
Subsec. (c)(1). Pub. L. 112–81, § 936(a)(1), inserted “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)” after “pursuant to contracts for services” in introductory provisions.
Subsec. (c)(1)(A)(ii), (iii). Pub. L. 112–81, § 936(a)(2), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.”
Subsec. (c)(1)(B). Pub. L. 112–81, § 936(a)(3), inserted “for requirements relating to acquisition” before period at end.
Subsec. (c)(2), (3). Pub. L. 111–383, § 321(1), redesignated par. (2) as (3).
Subsec. (e)(2) to (4). Pub. L. 112–81, § 936(b), inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and struck out par. (4) which read as follows: “develop a plan, including an enforcement mechanism and approval process, to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.”
Subsec. (f) to (h). Pub. L. 112–81, § 936(c), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
2009
Subsec. (e)(4). Pub. L. 111–84 inserted “, including an enforcement mechanism and approval process,” after “plan”.
2008
Subsecs. (c) to (g). Pub. L. 110–181, § 807(a)(1), (2), added subsecs. (c) to (f), redesignated former subsec. (d) as (g), and struck out heading and text of former subsec. (c). Former text read as follows: “To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section 2225 of this title.”
Subsec. (g)(3) to (5). Pub. L. 110–181, § 807(a)(3), added pars. (3) to (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 1701(b)(19)(B) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by section 1701(d)(13) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective , 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.
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title X, § 1081(d), , 131 Stat. 1599, provided that the amendment made by section 1081(d)(6)(A) is effective as of , and as if included in Pub. L. 114–328 as enacted.
Effective Date of 2008 Amendment
Pub. L. 110–181, div. A, title VIII, § 807(b), , 122 Stat. 215, provided that:
“(1) The amendments made by subsection (a) [amending this section] shall be effective upon the date of the enactment of this Act [].
“(2) The first inventory required by section 2330a(c) of title 10, United States Code [now 10 U.S.C. 4505(c)], as added by subsection (a), shall be submitted not later than the end of the third quarter of fiscal year 2008.”
Credits
2001–2024 · 12 acts
- 2001Added Pub. L. 107–107, div. A, title VIII, § 801(c), , 115 Stat. 1176, § 2330a
- 2008amended Pub. L. 110–181, div. A, title VIII, § 807(a), , 122 Stat. 213
- 2009Pub. L. 111–84, div. A, title VIII, § 803(b), , 123 Stat. 2402
- 2011Pub. L. 111–383, div. A, title III, § 321, , 124 Stat. 4183
- 2011Pub. L. 112–81, div. A, title IX, § 936, , 125 Stat. 1545
- 2013Pub. L. 113–66, div. A, title IX, § 951(a), , 127 Stat. 839
- 2016Pub. L. 114–328, div. A, title VIII, §§ 812, 833(b)(2)(C)(ii), , 130 Stat. 2269, 2284
- 2017Pub. L. 115–91, div. A, title X, § 1081(a)(30), (d)(6)(A), , 131 Stat. 1595, 1600
- 2018Pub. L. 115–232, div. A, title VIII, § 819, , 132 Stat. 1853
- 2021renumbered § 4505 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1856(g), (h), 1883(b)(2), , 134 Stat. 4275, 4294
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(19)(B), (d)(13), , 135 Stat. 2135, 2137
- 2024Pub. L. 118–159, div. A, title XVII, § 1701(a)(40), , 138 Stat. 2206.
Show as published
(Added Pub. L. 107–107, div. A, title VIII, § 801(c), , 115 Stat. 1176, § 2330a; amended Pub. L. 110–181, div. A, title VIII, § 807(a), , 122 Stat. 213; Pub. L. 111–84, div. A, title VIII, § 803(b), , 123 Stat. 2402; Pub. L. 111–383, div. A, title III, § 321, , 124 Stat. 4183; Pub. L. 112–81, div. A, title IX, § 936, , 125 Stat. 1545; Pub. L. 113–66, div. A, title IX, § 951(a), , 127 Stat. 839; Pub. L. 114–328, div. A, title VIII, §§ 812, 833(b)(2)(C)(ii), , 130 Stat. 2269, 2284; Pub. L. 115–91, div. A, title X, § 1081(a)(30), (d)(6)(A), , 131 Stat. 1595, 1600; Pub. L. 115–232, div. A, title VIII, § 819, , 132 Stat. 1853; renumbered § 4505 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1856(g), (h), 1883(b)(2), , 134 Stat. 4275, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(b)(19)(B), (d)(13), , 135 Stat. 2135, 2137; Pub. L. 118–159, div. A, title XVII, § 1701(a)(40), , 138 Stat. 2206.)