---
kind: "section"
citation: "10 U.S.C. § 129b"
title: "10"
title_heading: "Armed Forces"
number: "129b"
heading: "Authority to procure personal services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/129b"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 3 — General Powers and Functions"
---

# §129b. Authority to procure personal services

- (a) **Authority.—** Subject to [subsection (b)](#b), the [Secretary](/usc/10/4951.md?p=3) of Defense and the [Secretaries](/usc/10/4951.md?p=3) of the [military departments](/usc/10/101.md?p=a-8) may—
  - (1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with [section 3109 of title 5](/usc/5/3109.md); and
  - (2) [pay](/usc/10/101.md?p=a-15) in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law.
- (b) **Conditions.—** The services of experts or consultants (or organizations thereof) may be procured under [subsection (a)](#a) only if the [Secretary](/usc/10/4951.md?p=3) of Defense or the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, as the case may be, determines that—
  - (1) the [procurement](/usc/10/3011.md?p=1) of such services is advantageous to the [United States](/usc/10/101.md?p=a-1); and
  - (2) such services cannot adequately be provided by the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Regulations.—** [Procurement](/usc/10/3011.md?p=1) of the services of experts and consultants (or organizations thereof) under [subsection (a)](#a) shall be carried out under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense.
- (d) **Additional Authority for Personal Services Contracts.—**
  - (1) In addition to the authority provided under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) of Defense may enter into personal services contracts if the personal services—
    - (A) are to be provided by individuals outside the [United States](/usc/10/101.md?p=a-1), regardless of their nationality, and are determined by the [Secretary](/usc/10/4951.md?p=3) to be necessary and appropriate for supporting the activities and [programs](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense outside the [United States](/usc/10/101.md?p=a-1);
    - (B) directly support the mission of a defense intelligence [component](/usc/10/3011.md?p=13) or counter-intelligence organization of the [Department](/usc/10/101.md?p=a-6) of Defense; or
    - (C) directly support the mission of the special operations command of the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (2) The contracting [officer](/usc/10/101.md?p=b-1) for a personal services contract under this subsection shall be responsible for ensuring that—
    - (A) the services to be procured are urgent or unique; and
    - (B) it would not be practicable for the [Department](/usc/10/101.md?p=a-6) to obtain such services by other means.
  - (3) The requirements of [section 3109 of title 5](/usc/5/3109.md) shall not apply to a contract entered into under this subsection.

## Source credit

(Added Pub. L. 101–510, div. A, title XIV, § 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704; amended Pub. L. 102–190, div. A, title X, § 1061(a)(2), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 108–136, div. A, title VIII, § 841(a), (b)(1), Nov. 24, 2003, 117 Stat. 1552.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 101–165, title IX, § 9002, Nov. 21, 1989, 103 Stat. 1129, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(b)(3).

### Amendments

2003—Pub. L. 108–136, § 841(b)(1), substituted “Authority to procure personal services” for “Experts and consultants: authority to procure services of” in section catchline.

Subsec. (d). Pub. L. 108–136, § 841(a), added subsec. (d).

1991—Pub. L. 102–190 inserted “of” after “services” in section catchline.