§3109. Employment of experts and consultants; temporary or intermittent
(a) For the purpose of this section-
(1) "agency" has the meaning given it by section 5721 of this title; and
(2) "appropriation" includes funds made available by statute under section 9104 of title 31.
(b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to-
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 5 of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under section 5332 of this title only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
(c) Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
(d) The Office of Personnel Management shall prescribe regulations necessary for the administration of this section. Such regulations shall include-
(1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section;
(2) criteria for setting the pay of experts and consultants under this section; and
(3) provisions to ensure compliance with such regulations.
(e) Each agency shall report to the Office of Personnel Management on an annual basis with respect to-
(1) the number of days each expert or consultant employed by the agency during the period was so employed; and
(2) the total amount paid by the agency to each expert and consultant for such work during the period.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 55a. | Aug. 2, 1946, ch. 744, §15, |
In subsection (a), the definitions of "agency" and "appropriation" are added on authority of the Act of Aug. 2, 1946, ch. 744, §18,
In subsection (b), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil-service laws". The words "chapter 51 and subchapter III of chapter 53 of this title" are substituted for the reference to the classification laws which originally meant the Classification Act of 1923, as amended. Exception from the Classification Act of 1949 is based on sections 202(27) and 1106(a) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992-Subsecs. (d), (e).
1988-Subsec. (c).
1982-Subsec. (a)(2).
1978-Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Appropriations Relating to Labor, Health and Human Services, and Education; Public Disclosure of Consulting Service Through Procurement Contract
Similar provisions were contained in the following prior appropriation acts:
Availability of Appropriations for Services
Similar provisions were contained in the following prior appropriation acts:
Appropriations Relating to Energy and Water Development; Public Disclosure of Consulting Service Through Procurement Contract
Cross References
Employment of experts or consultants by Director of the Administrative Office of the United States Courts, see note set out under section 602 of Title 28, Judiciary and Judicial Procedure.
General Accounting Office authorized to credit accounts of the special disbursing agent of Saint Elizabeths Hospital with certain amounts, notwithstanding this section, see section 168 of Title 24, Hospitals and Asylums.
International Health Research Act of 1960, application of section to, see sections 2102 and 2103 of Title 22, Foreign Relations and Intercourse, and section 242l of Title 42, The Public Health and Welfare.
Travel expenses of consultants or experts, see section 5703 of this title.
Section Referred to in Other Sections
This section is referred to in sections 595, 5102, 7342, 8474 of this title; title 2 sections 136c, 179h, 1108; title 3 sections 105, 106, 107, 108; title 7 sections 16, 2225a, 5902; title 10 section 129b; title 12 section 2405; title 15 sections 205i, 634d, 636, 2206, 2218, 2451, 4105, 4805; title 16 sections 410cc–36, 410ww–24, 410yy–8, 410ccc–22, 460zz–2, 469b, 469j, 470m, 825q–1, 1052, 1406; title 18 sections 3153, 3168, 4204, 4352; title 19 sections 1331, 2171; title 20 sections 959, 1098, 1213c, 1221e–1, 1233d, 1505, 2012, 2106, 2839, 3413, 3425, 3462, 3463, 3702, 4355, 4414, 4513, 4710, 5608, 5708, 5826, 5848, 5933, 6031; title 21 sections 1305, 1502; title 22 sections 272a, 277d–3, 280b, 280i, 280k, 290b, 290f, 290h–5, 1469, 1474, 1622d, 2024, 2083, 2102, 2103, 2386, 2512, 2581, 2669, 2873, 2905, 3106, 3712, 4308, 4341, 4832; title 25 sections 640d–11, 2707, 3505; title 28 sections 602, 625, 994; title 29 sections 656, 671, 676, 783, 1302, 1774; title 30 section 1807; title 31 sections 332, 731, 1352, 5112; title 36 section 1404; title 38 section 7281; title 40 sections 71a, 822, 873, 1106; title 41 section 422; title 42 sections 242b, 242l, 282, 285a–2, 285b–3, 290aa, 299c–4, 300v–2, 904, 1320b–9, 1962a–4, 1975b, 1975d, 2286b, 2473, 3211, 3788, 4276, 4343, 5149, 5612, 5816, 6616, 7171, 7211, 7233, 10163, 10248, 10267, 10412, 11314, 12651f, 14196; title 43 section 377b; title 44 sections 2105, 2706, 3319, 3520; title 47 section 154; title 49 sections 323, 1113, 10384, 31134; title 50 App. section 2158.