
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4541]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                        CHAPTER 433--PROCUREMENT
 
Sec. 4541. 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 submitted under section 1105 of 
title 31 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.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 342(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-64.)


                            Prior Provisions

    A prior section 4541, added Pub. L. 97-258, Sec. 2(b)(9)(B), Sept. 
13, 1982, 96 Stat. 1056, authorized Secretary of the Army to accept 
gratuitous services of officers of the Army Reserve, prior to repeal by 
Pub. L. 103-160, div. A, title VIII, Sec. 822(d)(2), Nov. 30, 1993, 107 
Stat. 1707. See section 10212 of this title.
