**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) 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 t
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Stable record: federal_law:legal_authorities:record_usc_b1ec3d1d490002c809af90c2 Source file: Laws/federal/codes/united-states-code/title-5/section-3109-employment-of-experts-and-consultants-temporary-or-intermittent--caaa6ea17c.md Pages: Not recorded – Not recorded Passage SHA-256: 2b4c66f82eebc9fcedcda7159bbe0caaeb1374d93ac09f6cfb79ef9cd18c1cfc Retained source evidence SHA-256: 795047551ddb6f360bc7cc3eff80c24079115481306f7a2ddeb8a3aeac6f9c04
Source location: Title 5, Chapter 31, § 3109; chapter-031-authority-for-employment.md
Stored source content
**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 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 pro-
cure by contract the temporary (not in excess of
1 year) or intermittent services of experts or
consultants or an organization thereof, includ-
ing stenographic reporting services. Services
procured under this section are without regard
to—
(1) the provisions of this title governing ap-
pointment 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 specifi-
cally authorized by the appropriation or other
statute authorizing the procurement of the serv-
ices.
(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 adminis-
tration 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 sec-
tion;
(2) criteria for setting the