§3138 — Title 10 Armed Forces | U.S. Code

Summary

Limit how much of the Defense Department’s contract spending is reported as “miscellaneous.” No more than 15% of the total contract obligations the Department reports to the Office of Management and Budget may be put in the miscellaneous services object class. The Secretary of Defense must use specific meanings for the types of advisory and assistance services when deciding what goes in that advisory services class. Those types cover three groups: management and professional support (engineering or technical support, advice, training, and work that helps run programs and administration), studies/analyses/evaluations (organized analytic work that produces reports, data, models, or software), and engineering and technical services (advice, hands-on work, or training to operate and maintain weapon systems, equipment, or related software). Before sending the budget to OMB, the Under Secretary of Defense (Comptroller) must review expected contract services for the year to make sure advisory and assistance services are classified correctly. The Secretary must send Congress a report with the review results within 30 days after the budget is submitted. The Comptroller General must review the Secretary’s report every year, check the methods used and the information given, and send Congress the results within 120 days of the Secretary’s report. Key terms: contract services = services reported in Object Class 25 series; advisory and assistance object class = Object Class 25.1 as of October 17, 1998; miscellaneous services object class = Object Class 25.2 as of October 17, 1998; authorized exemptions = exemptions listed in DoD Directive 4205.2 issued February 10, 1992.

Title 10, §3138

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)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)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)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)(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)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”).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2212 of this title as this section. 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, § 1066(a)(17)(B), substituted “as of

October 17, 1998” for “as of the date of the enactment of this section”.

Statutory Notes and Related Subsidiaries

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, formerly set out as a note under section 133 of this title.

Effective Date

of 2021 AmendmentAmendment 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.

§3138 Obligations for Contract Services: Reporting in Budget Object Classes