Title 10Armed ForcesRelease 119-73

§7541 Army arsenals: treatment of unutilized or underutilized plant-capacity costs

Title 10 › Subtitle Subtitle B— - Army › Part PART IV— - SERVICE, SUPPLY, AND PROCUREMENT › Chapter CHAPTER 763— - PROCUREMENT › § 7541

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Army must put an estimate in the budget papers sent to Congress with the President’s budget for how much money is needed that fiscal year to pay unutilized and underutilized plant‑capacity costs at Army arsenals. Money appropriated for those costs may be used only in that fiscal year and only for those costs. The Secretary must not count those costs when evaluating an arsenal’s bid to provide goods or services to a government agency, and an arsenal’s charge as a subcontractor to a private firm may not include those costs if they are funded by a direct appropriation. Army arsenal — a government‑owned, government‑operated Army plant that makes weapons or weapon parts. Unutilized and underutilized plant‑capacity costs — costs to run and maintain facilities and equipment kept for mobilization in months when they are unused or used 20 percent or less of available work days.

Full Legal Text

Title 10, §7541

Armed Forces — Source: USLM XML via OLRC

(a)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)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)(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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior sections 7541 to 7541b were renumbered sections 8761 to 8761b of this title, respectively.

Amendments

2018—Pub. L. 115–232 renumbered section 4541 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 7541

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73