US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 3109

Employment of experts and consultants; temporary or intermittent

(a)
For the purpose of this section—
(1)
section 5721 of this title “agency” has the meaning given it by ; and
(2)
section 9104 of title 31 “appropriation” includes funds made available by statute under .
(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.
section 5332 of this titleHowever, 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 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. 89–55480 Stat. 416Pub. L. 95–454, title IV, § 402(b)92 Stat. 1160Pub. L. 97–258, § 3(a)(4)96 Stat. 1063Pub. L. 100–325, § 2(b)102 Stat. 581Pub. L. 102–378, § 2(8)106 Stat. 1347Pub. L. 111–350, § 5(a)(4)124 Stat. 3841(, , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 55a.

Aug. 2, 1946, ch. 744, § 15, 60 Stat. 810.

Act of Aug. 2, 1946, ch. 744, § 1860 Stat. 811In subsection (a), the definitions of “agency” and “appropriation” are added on authority of the , .

Act of Oct. 28, 1949, ch. 78263 Stat. 956In 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 , , 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.

Editorial Notes

Amendments

Pub. L. 111–350section 5 of title 412011—Subsec. (b)(3). substituted “section 6101(b) to (d) of title 41” for “”.

Pub. L. 102–3781992—Subsecs. (d), (e). added subsecs. (d) and (e).

Pub. L. 100–3251988—Subsec. (c). inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

Pub. L. 97–2581982—Subsec. (a)(2). substituted “section 9104” for “section 849”.

Pub. L. 95–4541978—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

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

Limitation on Consulting Services

Pub. L. 113–76, div. G, title IV, § 401128 Stat. 337

Pub. L. 113–765 U.S.C. 3109“In fiscal year 2014 and thereafter, the expenditure of any appropriation under this Act [div. G of , see Tables for classification] or any subsequent Act appropriating funds for departments and agencies funded in this Act, for any consulting service through procurement contract, pursuant to , 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.”
, , , provided that:

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

Pub. L. 102–394, title V, § 501106 Stat. 1825

5 U.S.C. 3109“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 , 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.”
, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102–170, title V, § 501105 Stat. 1140, , .

Pub. L. 101–517, title V, § 501104 Stat. 2220, , .

Pub. L. 101–166, title V, § 501103 Stat. 1189, , .

Pub. L. 100–202, § 101(h) [title V, § 501]101 Stat. 1329–256, , , 1329–287.

Pub. L. 99–500, § 101(i) [H.R. 5233, title V, § 501]100 Stat. 1783–287Pub. L. 99–591, § 101(i) [H.R. 5233, title V, § 501]100 Stat. 3341–287, , , and , , .

Pub. L. 99–178, title V, § 50199 Stat. 1132, , .

Pub. L. 98–619, title V, § 50198 Stat. 3332, , .

Pub. L. 98–139, title V, § 50197 Stat. 898, , .

Pub. L. 97–377, title I, § 101(e)(1) [title V, § 501]96 Stat. 1878, , , 1904.

Availability of Appropriations for Services

Pub. L. 102–394, title V, § 503106 Stat. 1825

5 U.S.C. 31095 U.S.C. 5376“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 but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under .”
, , , provided that:

section 5376 of this titlesection 2(d)(3) of Pub. L. 110–372section 5376 of this title[For reference to maximum rate under , see , set out as an Effective Date of 2008 Amendment note under .]

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102–170, title V, § 503105 Stat. 1140, , .

Pub. L. 101–517, title V, § 503104 Stat. 2221, , .

Pub. L. 101–166, title V, § 503103 Stat. 1189, , .

Pub. L. 100–202, § 101(h) [title V, § 503]101 Stat. 1329–256, , , 1329–287.

Pub. L. 99–500, § 101(i) [H.R. 5233, title V, § 503]100 Stat. 1783–287Pub. L. 99–591, § 101(i) [H.R. 5233, title V, § 503]100 Stat. 3341–287, , , and , , .

Pub. L. 99–178, title V, § 50399 Stat. 1132, , .

Pub. L. 98–619, title V, § 50398 Stat. 3333, , .

Pub. L. 98–139, title V, § 50397 Stat. 899, , .

Pub. L. 97–377, title I, § 101(e)(1) [title V, § 503]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, § 504106 Stat. 1342

section 3109 of title 5“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 , 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.”
, , , provided that:

Executive Documents

Ex. Ord. No. 13433. Protecting American Taxpayers From Payment of Contingency Fees

Ex. Ord. No. 13433, , 72 F.R. 28441, provided:

section 301 of title 3By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, it is hereby ordered as follows:

SectionPolicy 1. . To help ensure the integrity and effective supervision of the legal and expert witness services provided to or on behalf of the United States, it is the policy of the United States that organizations or individuals that provide such services to or on behalf of the United States shall be compensated in amounts that are reasonable, not contingent upon the outcome of litigation or other proceedings, and established according to criteria set in advance of performance of the services, except when otherwise required by law.

SecDuties of Agency Heads. 2. . (a) Heads of agencies shall implement within their respective agencies the policy set forth in section 1, consistent with such instructions as the Attorney General may prescribe.

(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.

SecDefinitions. 3. . For purposes of this order:

section 105 of title 550 U.S.C. 401a(4)50 U.S.C. 3003(4)(a) The term “agency” means an executive agency as defined in , 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 () [now ][)].

(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:

section 6306 of title 26(i) qualified tax collection contracts defined in , United States Code, and

(ii) contracts described in sections 3711 and 3718 of title 31, United States Code.

SecGeneral Provisions. 4. . (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(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.