
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4540]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                        CHAPTER 433--PROCUREMENT
 
Sec. 4540. Architectural and engineering services

    (a) Whenever he considers that it is advantageous to the national 
defense and that existing 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 
6 percent of the estimated 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 section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 255; Pub. L. 89-718, Sec. 28, Nov. 
2, 1966, 80 Stat. 1119; Pub. L. 95-454, title VII, Sec. 703(c)(3), title 
VIII, Sec. 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96-
513, title V, Sec. 512(16), Dec. 12, 1980, 94 Stat. 2930.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4540(a)...............................  5:221 (1st sentence, less last 15    Au
g. 7, 1939, ch. 511, Sec.  2, 53
                                         words).                              S
tat. 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 
accomplishment of''.
    In subsection (c), reference is made in substance to the 
Classification Act of 1949, instead of the Classification 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.


                               Amendments

    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, Sec. 801(a)(3)(I), inserted 
reference to subchapter VI of chapter 53 of title 5.
    Pub. L. 95-454, Sec. 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''.


                    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 effective 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 effective on 
first day of first applicable pay period beginning 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.
