
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2212]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 131--PLANNING AND COORDINATION
 
Sec. 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 a review 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) 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 October 17, 1998) as Object Class 25.1 (or any 
    similar object class established after October 17, 1998, 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 October 17, 1998) as Object 
    Class 25.2 (or any similar object class established after October 
    17, 1998, for the reporting of obligations for miscellaneous or 
    unspecified contract services).
        (4) The term ``authorized exemptions'' means those exemptions 
    authorized (as of October 17, 1998) 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'').

(Added Pub. L. 105-261, div. A, title IX, Sec. 911(a)(1), Oct. 17, 1998, 
112 Stat. 2097; amended Pub. L. 106-65, div. A, title X, 
Sec. 1066(a)(17), Oct. 5, 1999, 113 Stat. 771.)


                            Prior Provisions

    A prior section 2212, added Pub. L. 100-370, Sec. 1(d)(2)(A), July 
19, 1988, 102 Stat. 842, directed Secretary of Defense to maintain 
within each military department an accounting procedure to aid in 
identification and control of expenditures for contracted advisory and 
assistance services, prior to repeal by Pub. L. 103-355, title II, 
Sec. 2454(c)(1), Oct. 13, 1994, 108 Stat. 3326.
    Another prior section 2212, added Pub. L. 95-356, title VIII, 
Sec. 802(a)(1), Sept. 8, 1978, 92 Stat. 585; amended Pub. L. 97-258, 
Sec. 3(b)(5), Sept. 18, 1982, 96 Stat. 1063, related to transmission of 
annual military construction authorization request, prior to repeal by 
Pub. L. 97-214, Sec. 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 
1982, applicable to military construction projects, and to construction 
and acquisition of military family housing authorized before, on, or 
after such date. See section 2859 of this title.


                               Amendments

    1999--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''.
    Subsec. (f)(4). Pub. L. 106-65, Sec. 1066(a)(17)(B), substituted 
``as of October 17, 1998'' for ``as of the date of the enactment of this 
section''.

                         Change of Name

    Reference to Under Secretary of Defense for Acquisition and 
Technology deemed to refer to Under Secretary of Defense for 
Acquisition, Technology, and Logistics, pursuant to section 911(a)(1) of 
Pub. L. 106-65, set out as a note under section 133 of this title.


                               Transition

    Pub. L. 105-261, div. A, title IX, Sec. 911(b), Oct. 17, 1998, 112 
Stat. 2099, provided that: ``For the budget for fiscal year 2000, and 
the reporting of information to the Office of Management and Budget in 
connection with the preparation of that budget, section 2212 of title 
10, United States Code, as added by subsection (a), shall be applied by 
substituting `30 percent' in subsection (a) for `15 percent'.''
