
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3109]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES
 
Sec. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 416; Pub. L. 95-454, title IV, 
Sec. 402(b), Oct. 13, 1978, 92 Stat. 1160; Pub. L. 97-258, Sec. 3(a)(4), 
Sept. 13, 1982, 96 Stat. 1063; Pub. L. 100-325, Sec. 2(b), May 30, 1988, 
102 Stat. 581; Pub. L. 102-378, Sec. 2(8), Oct. 2, 1992, 106 Stat. 
1347.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 55a.                 Aug. 2, 1946, ch.
                                                    744, Sec.  15, 60
                                                    Stat. 810.
------------------------------------------------------------------------

    In subsection (a), the definitions of ``agency'' and 
``appropriation'' are added on authority of the Act of Aug. 2, 1946, ch. 
744, Sec. 18, 60 Stat. 811.
    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, 63 
Stat. 956, 972.
    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). Pub. L. 102-378 added subsecs. (d) and (e).
    1988--Subsec. (c). Pub. L. 100-325 inserted reference to Federal 
Bureau of Investigation and Drug Enforcement Administration Senior 
Executive Service.
    1982--Subsec. (a)(2). Pub. L. 97-258 substituted ``section 9104'' 
for ``section 849''.
    1978--Subsec. (c). Pub. L. 95-454 added subsec. (c).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 9 months after Oct. 13, 1978, 
and congressional review of provisions of sections 401 through 412 of 
Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as an 
Effective Date note under section 3131 of this title.


    Appropriations Relating to Labor, Health and Human Services, and 
 Education; Public Disclosure of Consulting Service Through Procurement 
                                Contract

    Pub. L. 102-394, title V, Sec. 501, Oct. 6, 1992, 106 Stat. 1825, 
provided that: ``The expenditure of any appropriation under this Act or 
subsequent Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Acts for any consulting 
service through procurement contract, pursuant to 5 U.S.C. 3109, shall 
be limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-170, title V, Sec. 501, Nov. 26, 1991, 105 Stat. 1140.
    Pub. L. 101-517, title V, Sec. 501, Nov. 5, 1990, 104 Stat. 2220.
    Pub. L. 101-166, title V, Sec. 501, Nov. 21, 1989, 103 Stat. 1189.
    Pub. L. 100-202, Sec. 101(h) [title V, Sec. 501], Dec. 22, 1987, 101 
Stat. 1329-256, 1329-287.
    Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 501], Oct. 18, 
1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, 
title V, Sec. 501], Oct. 30, 1986, 100 Stat. 3341-287.
    Pub. L. 99-178, title V, Sec. 501, Dec. 12, 1985, 99 Stat. 1132.
    Pub. L. 98-619, title V, Sec. 501, Nov. 8, 1984, 98 Stat. 3332.
    Pub. L. 98-139, title V, Sec. 501, Oct. 31, 1983, 97 Stat. 898.
    Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 501], Dec. 
21, 1982, 96 Stat. 1878, 1904.


               Availability of Appropriations for Services

    Pub. L. 102-394, title V, Sec. 503, Oct. 6, 1992, 106 Stat. 1825, 
provided that: ``Appropriations contained in this Act or subsequent 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Acts, available for salaries and 
expenses, shall be available for services as authorized by 5 U.S.C. 3109 
but at rates for individuals not to exceed the per diem rate equivalent 
to the maximum rate payable for senior-level positions under 5 U.S.C. 
5376.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-170, title V, Sec. 503, Nov. 26, 1991, 105 Stat. 1140.
    Pub. L. 101-517, title V, Sec. 503, Nov. 5, 1990, 104 Stat. 2221.
    Pub. L. 101-166, title V, Sec. 503, Nov. 21, 1989, 103 Stat. 1189.
    Pub. L. 100-202, Sec. 101(h) [title V, Sec. 503], Dec. 22, 1987, 101 
Stat. 1329-256, 1329-287.
    Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 503], Oct. 18, 
1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, 
title V, Sec. 503], Oct. 30, 1986, 100 Stat. 3341-287.
    Pub. L. 99-178, title V, Sec. 503, Dec. 12, 1985, 99 Stat. 1132.
    Pub. L. 98-619, title V, Sec. 503, Nov. 8, 1984, 98 Stat. 3333.
    Pub. L. 98-139, title V, Sec. 503, Oct. 31, 1983, 97 Stat. 899.
    Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 503], Dec. 
21, 1982, 96 Stat. 1878, 1904.


    Appropriations Relating to Energy and Water Development; Public 
      Disclosure of Consulting Service Through Procurement Contract

    Pub. L. 102-377, title V, Sec. 504, Oct. 2, 1992, 106 Stat. 1342, 
provided that: ``The expenditure of any appropriation under this Act or 
subsequent Energy and Water Development Appropriations Acts for any 
consulting service through procurement contract, pursuant to section 
3109 of title 5, United States Code, hereafter shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive Order issued pursuant to 
existing law.''

                  Section Referred to in Other Sections

    This section is referred to in sections 595, 3161, 5102, 7342, 8474 
of this title; title 2 sections 136c, 179t, 1108, 1553, 1742; 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, 1018a, 1087-2, 1098, 1505, 2012, 2106, 3413, 3425, 
3462, 3463, 3702, 4355, 4414, 4513, 4710, 5608, 5708, 5826, 5933, 6031, 
9252; title 21 sections 1305, 1703; title 22 sections 272a, 277d-3, 
280b, 280i, 280k, 290b, 290f, 290h-5, 1469, 1474, 1622d, 2024, 2083, 
2102, 2103, 2386, 2512, 2581, 2669, 2905, 3106, 4308, 4341, 4832, 6204, 
6435a; title 25 sections 640d-11, 2707, 3505; title 26 section 7802; 
title 28 sections 602, 625, 994; title 29 sections 656, 671, 676, 783, 
1302; title 30 section 1807; title 31 sections 332, 731, 1352, 5112; 
title 33 section 1123; title 36 section 2307; 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-5, 300v-2, 904, 
1320b-9, 1962a-4, 1975b, 2286b, 2473, 3211, 3788, 4276, 4343, 5149, 
5612, 5816, 5852, 6616, 7171, 7233, 10163, 10248, 10267, 10412, 11314, 
12651f, 14196; title 43 section 377b; title 44 sections 2105, 2706, 
3319; title 47 section 154; title 49 sections 106, 323, 1113, 40122, 
45301; title 50 section 2402; title 50 App. section 2158.
