Page:United States Statutes at Large Volume 114 Part 3.djvu/106

 114 STAT. 1654A-64 PUBLIC LAW 106-398—APPENDIX from the performance of work at a Center of Industrial and Technical Excellence by Department of Defense personnel to performance by a contractor.". (f) USE OF WORKING CAPITAL-FUNDED FACILITIES. —Section 2208(j)(l) of title 10, United States Code, is amended— (1) by striking "contract; and" at the end of subparagraph (A) and all that follows through "(B) the solicitation" and inserting "contract, and the solicitation"; (2) by striking the period at the end and inserting "; or"; and (3) by adding at the end the following new subparagraph: "(B) the Secretary would advance the objectives set forth in section 2474(b)(2) of this title by authorizing the facility todo so.". (g) REPEAL OF GENERAL AUTHORITY TO LEASE EXCESS DEPOT- LEVEL EQUIPMENT AND FACILITIES TO OUTSIDE TENANTS.—(1) Section 2471 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2471. SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF UNITED STATES ARSENALS. (a) TREATMENT OF UNUTILIZED AND UNDERUTILIZED PLANT- CAPACITY COSTS. — Chapter 433 of title 10, United States Code, is amended by inserting after section 4540 the following new section: "§ 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 Aimy 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

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