10 U.S.C. § 7540 — Architectural and engineering services

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). Aug. 7, 1939, ch. 511, § 2, 53 Stat. 1240. 4540(b) ..... 5:221 (less 1st sentence). 4540(c) ..... 5:221 (last 15 words of 1st sentence). In subsection (a), the words ‘‘and providing that in the opinion’’ are omitted as covered by the words ‘‘whenever he considers’’. The words ‘‘needed for’’ are substituted for the words ‘‘required for the accomplish- ment of’’. In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classifica- tion Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949, 63 Stat. 972, provides that all references in other acts to the Classification Act of 1923 should be considered to refer to the Classification Act of 1949. Editorial Notes AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘10 per- cent’’ for ‘‘6 percent’’. 2018—Pub. L. 115–232 renumbered section 4540 of this title as this section. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5’’ for ‘‘5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of title 5’’. 1978—Subsec. (c). Pub. L. 95–454, § 801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5. Pub. L. 95–454, § 703(c)(3), substituted ‘‘7204’’ for ‘‘7154’’. 1966—Subsec. (c). Pub. L. 89–718 substituted ‘‘Sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5’’ for ‘‘Sections 1071–1153 of title 5’’. 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 703(c)(3) of Pub. L. 95–454 ef- fective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees. Amendment by section 801(a)(3)(I) of Pub. L. 95–454 ef- fective on first day of first applicable pay period begin- ning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of Title 5. § 7541. Army arsenals: treatment of unutilized or underutilized plant-capacity costs (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 sub- mitted under section 1105 of title 31 an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capac- ity 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 fis- cal year only for such costs. (c) TREATMENT OF COSTS.—(1) The Secretary of the Army shall not include unutilized and un- derutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal’s contracting to provide a good or serv- ice to a Government agency. (2) When an Army arsenal is serving as a sub- contractor to a private-sector entity with re- spect to a good or service to be provided to a Government agency, the cost charged by the ar- senal shall not include unutilized and underuti- lized plant-capacity costs that are funded by a direct appropriation. (d) DEFINITIONS.—In this section: (1) The term ‘‘Army arsenal’’ means a Gov- ernment-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 associ- ated with operating and maintaining the fa- cilities 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. (Added Pub. L. 106–398, § 1 [[div. A], title III, § 342(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64,