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10 U.S.C. § 7541 — Army arsenals: treatment of unutilized or underutilized plant-capacity costs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Estimate of Costs.—** The Secretary of the Army shall include in the budget justification documents submitted to Congress in support of the President’s budget for a fiscal year submitted under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.
**(b) Use of Funds.—** Funds appropriated to the Secretary of the Army for a fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals shall be used in such fiscal year only for such costs.
**(c) Treatment of Costs.—**
(1) The Secretary of the Army shall not include unutilized and underutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal’s contracting to provide a good or service to a Government agency.
(2) When an Army arsenal is serving as a subcontractor to a private-sector entity with respect to a good or service to be provided to a Government agency, the cost charged by the arsenal shall not include unutilized and underutilized plant-capacity costs that are funded by a direct appropriation.
**(d) Definitions.—** In this section:
(1) The term “Army arsenal” means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.
(2) The term “unutilized and underutilized plant-capacity costs” means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or a
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Source file: Laws/federal/codes/united-states-code/title-10/section-7541-army-arsenals-treatment-of-unutilized-or-underutilized-plant-capacity-co--6b6906bc3b.md
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Source location: Title 10, Chapter 763, § 7541; chapter-763-procurement.md
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**(a) Estimate of Costs.—** The Secretary of the Army shall include in the budget justification documents submitted to Congress in support of the President’s budget for a fiscal year submitted under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.
**(b) Use of Funds.—** Funds appropriated to the Secretary of the Army for a fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals shall be used in such fiscal year only for such costs.
**(c) Treatment of Costs.—**
(1) The Secretary of the Army shall not include unutilized and underutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal’s contracting to provide a good or service to a Government agency.
(2) When an Army arsenal is serving as a subcontractor to a private-sector entity with respect to a good or service to be provided to a Government agency, the cost charged by the arsenal shall not include unutilized and underutilized plant-capacity costs that are funded by a direct appropriation.
**(d) Definitions.—** In this section:
(1) The term “Army arsenal” means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.
(2) The term “unutilized and underutilized plant-capacity costs” means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or are used only 20 percent or less of available work days.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—**
(1)
(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
**(b) Waiver.—** The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4509
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Federal law — U.S. Code and appendices · legal_authorities
Subject to regulations under [section 121 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121&num=0&edition=prelim), the Secretary of the Navy may—
(1) give obsolete material not needed for naval purposes; and
(2) sell other material that may be spared at a price representing its fair value;
to the Boy Scouts of America for the sea scouts, to the Naval Sea Cadet Corps for the sea cadets, and to the Young Marines of the Marine Corps League for the young marines. The cost of transportation and delivery of material given or sold under this section shall be charged to the Boy Scouts of America, to the Naval Sea Cadets, or to the Young Marines of the Marine Corps League, as the case may be.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8761
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Federal law — U.S. Code and appendices · legal_authorities
Page 3091
TITLE 10—ARMED FORCES
§ 7541
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 7540. Architectural and engineering services
(a) Whenever he considers that it is advan-
tageous to the national defense and that exist-
ing facilities of the Department of the Army are
inadequate, the Secretary of the Army may, by
contract or otherwise, employ the architectural
or engineering services of any person outside
that Department for producing and delivering
designs, plans, drawings, and specifications
needed for any public works or utilities project
of the Department.
(b) The fee for any service under this section
may not be more than 10 percent of the esti-
mated cost, as determined by the Secretary, of
the project to which it applies.
(c) Sections 305, 3324, and 7204, chapter 51, and
subchapters III, IV, and VI of chapter 53 of title
5 do not apply to employment under this sec-
tion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 255, § 4540; Pub.
L. 89–718, § 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L.
95–454,
title
VII,
§ 703(c)(3),
title
VIII,
§ 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub.
L. 96–513, title V, § 512(16), Dec. 12, 1980, 94 Stat.
2930; renumbered § 7540, Pub. L. 115–232, div. A,
title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839;
Pub. L. 118–31, div. B, title XXVIII, § 2881(a), Dec.
22, 2023, 137 Stat. 780.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
4540(a) .....
5:221 (1st sentence, less
last 15 words).
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7541
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