(Added Pub. L. 107–107, div. A, title VIII, § 801(c),Dec. 28, 2001, 115 Stat. 1176; amended Pub. L. 110–181, div. A, title VIII, § 807(a),Jan. 28, 2008, 122 Stat. 213; Pub. L. 111–84, div. A, title VIII, § 803(b),Oct. 28, 2009, 123 Stat. 2402; Pub. L. 111–383, div. A, title III, § 321,Jan. 7, 2011, 124 Stat. 4183; Pub. L. 112–81, div. A, title IX, § 936,Dec. 31, 2011, 125 Stat. 1545.)
2011—Subsec. (c). Pub. L. 111–383
, § 321(2) to (4), substituted “The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:” for “The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:” in par. (1), added new subpars. (A) and (B) to par. (1), inserted par. (2) designation and introductory provisions before former subpars. (A) to (G) of par. (1) thereby making them part of par. (2), added subpar. (E), and struck out former subpar. (E) which read as follows: “The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.”
Subsec. (c)(1). Pub. L. 112–81
, § 936(a)(1), inserted “(and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract)” after “pursuant to contracts for services” in introductory provisions.
Subsec. (c)(1)(A)(ii), (iii). Pub. L. 112–81
, § 936(a)(2), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.”
Subsec. (c)(1)(B). Pub. L. 112–81
, § 936(a)(3), inserted “for requirements relating to acquisition” before period at end.
Subsec. (c)(2), (3). Pub. L. 111–383
, § 321(1), redesignated par. (2) as (3).
Subsec. (e)(2) to (4). Pub. L. 112–81
, § 936(b), inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and struck out par. (4) which read as follows: “develop a plan, including an enforcement mechanism and approval process, to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.”
Subsec. (f) to (h). Pub. L. 112–81
, § 936(c), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
2009—Subsec. (e)(4). Pub. L. 111–84
inserted “, including an enforcement mechanism and approval process,” after “plan”.
2008—Subsecs. (c) to (g). Pub. L. 110–181
, § 807(a)(1), (2), added subsecs. (c) to (f), redesignated former subsec. (d) as (g), and struck out heading and text of former subsec. (c). Former text read as follows: “To the maximum extent practicable, a single data collection system shall be used to collect data under this section and information under section
of this title.”
Subsec. (g)(3) to (5). Pub. L. 110–181
, § 807(a)(3), added pars. (3) to (5).
Effective Date of 2008 Amendment
Pub. L. 110–181
, div. A, title VIII, § 807(b),Jan. 28, 2008, 122 Stat. 215
, provided that:
“(1) The amendments made by subsection (a) [amending this section] shall be effective upon the date of the enactment of this Act [Jan. 28, 2008].
“(2) The first inventory required by section
, United States Code, as added by subsection (a), shall be submitted not later than the end of the third quarter of fiscal year 2008.”
Development of Guidance on Personal Services Contracts
Pub. L. 110–417
, [div. A], title VIII, § 831,Oct. 14, 2008, 122 Stat. 4534
, provided that:
“(a) Guidance Required.—Not later than 270 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary of Defense shall develop guidance related to personal services contracts to—
“(1) require a clear distinction between employees of the Department of Defense and employees of Department of Defense contractors;
“(2) provide appropriate safeguards with respect to when, where, and to what extent the Secretary may enter into a contract for the procurement of personal services; and
“(3) assess and take steps to mitigate the risk that, as implemented and administered, non-personal services contracts may become personal services contracts.
“(b) Definition of Personal Services Contract.—In this section, the term ‘personal services contract’ has the meaning given that term in section
[now 2330a(h)(5)] of title 10, United States Code.”