§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 6101(b) to (d) 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.
Editorial Notes
Amendments
2011-Subsec. (b)(3).
1992-Subsecs. (d), (e).
1988-Subsec. (c).
1982-Subsec. (a)(2).
1978-Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Limitation on Consulting Services
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
[For reference to maximum rate under section 5376 of this title, see section 2(d)(3) of
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
Executive Documents
Ex. Ord. No. 13433. Protecting American Taxpayers From Payment of Contingency Fees
Ex. Ord. No. 13433, May 16, 2007, 72 F.R. 28441, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:
(b) After the date of this order, no agency shall enter into a contingency fee agreement for legal or expert witness services addressed by section 1 of this order, unless the Attorney General has determined that the agency's entry into the agreement is required by law.
(c) Within 90 days after the date of this order, the head of each agency shall notify the Attorney General and the Director of the Office of Management and Budget of any contingency fee agreements for services addressed by section 1 of this order that are in effect as of the date of this order.
(a) The term "agency" means an executive agency as defined in section 105 of title 5, United States Code, and the United States Postal Service and the Postal Regulatory Commission, but shall exclude the Government Accountability Office and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 as amended (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)][)].
(b) The term "contingency fee agreement" means a contract or other agreement to provide services under which the amount or the payment of the fee for the services is contingent in whole or in part on the outcome of the matter for which the services were obtained. The term does not include:
(i) qualified tax collection contracts defined in section 6306 of title 26, United States Code, and
(ii) contracts described in sections 3711 and 3718 of title 31, United States Code.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
George W. Bush.