2013 US Code
Title 10 - Armed Forces
Subtitle B - Army (§§ 3001 - 4842)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 4501 - 4842)
Chapter 434 - ARMAMENTS INDUSTRIAL BASE (§§ 4551 - 4555)
Section 4551 - Definitions
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle B - Army PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 434 - ARMAMENTS INDUSTRIAL BASE Sec. 4551 - Definitions |
Contains | section 4551 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-67; amended Pub. L. 109-163, div. A, title III, §323(a), Jan. 6, 2006, 119 Stat. 3193. |
Statutes at Large References | 114 Stat. 1654 116 Stat. 2519 118 Stat. 1857 119 Stat. 3193 122 Stat. 69 123 Stat. 2264 124 Stat. 4190 127 Stat. 733 |
Public Law References | Public Law 106-398, Public Law 107-314, Public Law 108-375, Public Law 109-163, Public Law 110-181, Public Law 111-84, Public Law 111-383, Public Law 113-66 |
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In this chapter:
(1) The term "ARMS Initiative" means the Armament Retooling and Manufacturing Support Initiative authorized by this chapter.
(2) The term "eligible facility" means a Government-owned, contractor-operated ammunition manufacturing facility, or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition, of the Department of the Army that is in an active, inactive, layaway, or caretaker status.
(3) The term "property manager" includes any person or entity managing an eligible facility made available under the ARMS Initiative through a property management contract.
(4) The term "property management contract" includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter.
(5) The term "Secretary" means the Secretary of the Army.
(Added Pub. L. 106–398, §1 [[div. A], title III, §344(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–67; amended Pub. L. 109–163, div. A, title III, §323(a), Jan. 6, 2006, 119 Stat. 3193.)
AMENDMENTS2006—Par. (2). Pub. L. 109–163, §323(a), inserted ", or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition," after "manufacturing facility".
CONSIDERATION OF ARMY ARSENALS' CAPABILITIES TO FULFILL MANUFACTURING REQUIREMENTSPub. L. 113–66, div. A, title III, §323, Dec. 26, 2013, 127 Stat. 733, provided that:
"(a)
"(b)
Pub. L. 106–398, §1 [[div. A], title III, §343], Oct. 30, 2000, 114 Stat. 1654, 1654A–65, as amended by Pub. L. 107–314, div. A, title III, §362, Dec. 2, 2002, 116 Stat. 2519; Pub. L. 108–375, div. A, title III, §342, Oct. 28, 2004, 118 Stat. 1857; Pub. L. 110–181, div. A, title III, §341, Jan. 28, 2008, 122 Stat. 69; Pub. L. 111–84, div. A, title III, §354, Oct. 28, 2009, 123 Stat. 2264; Pub. L. 111–383, div. A, title III, §342, Jan. 7, 2011, 124 Stat. 4190, provided that:
"(a)
"(b)
"(1) To provide for the utilization of the existing skilled workforce at the Army manufacturing arsenals by commercial firms.
"(2) To provide for the reemployment and retraining of skilled workers who, as a result of declining workload and reduced Army spending on arsenal production requirements at these Army arsenals, are idled or underemployed.
"(3) To encourage commercial firms, to the maximum extent practicable, to use these Army arsenals for commercial purposes.
"(4) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use these Army arsenals for those purposes.
"(5) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.
"(6) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.
"(7) To the maximum extent practicable, to allow the operation of these Army arsenals to be rapidly responsive to the forces of free market competition.
"(8) To reduce or eliminate the cost of Government ownership of these Army arsenals, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.
"(9) To reduce the cost of products of the Department of Defense produced at these Army arsenals.
"(10) To leverage private investment at these Army arsenals through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the demonstration program for the following activities:
"(A) Recapitalization of plant and equipment.
"(B) Environmental remediation.
"(C) Promotion of commercial business ventures.
"(D) Other activities approved by the Secretary of the Army.
"(11) To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in these Army arsenals.
"(c)
"(A) to use the arsenal, or a portion of the arsenal, and the skilled workforce at the arsenal to manufacture weapons, weapon components, or related products consistent with the purposes of the program; and
"(B) to enter into subcontracts for the commercial use of the arsenal consistent with such purposes.
"(2) A contract under paragraph (1) shall require the contractor to contribute toward the operation and maintenance of the Army manufacturing arsenal covered by the contract.
"(3) In the event an Army manufacturing arsenal is converted to contractor operation, the Secretary may enter into a contract with the contractor to authorize the contractor, consistent with section 4543 of title 10, United States Code—
"(A) to use the facility during the period of the program in a manner consistent with the purposes of the program; and
"(B) to enter into subcontracts for the commercial use of the facility consistent with such purposes.
"(d)
"(2) Loan guarantees under this subsection may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
"(3) The Secretary of the Army may enter into agreements with the Administrator of the Small Business Administration or the Administrator of the Farmers Home Administration, the Administrator of the Rural Development Administration, or the head of other appropriate agencies of the Department of Agriculture, under which such Administrators may, under this subsection—
"(A) process applications for loan guarantees;
"(B) guarantee repayment of loans; and
"(C) provide any other services to the Secretary of the Army to administer this subsection.
"(4) An Administrator referred to in paragraph (3) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the Administrator administers. To the extent practicable, each Administrator shall use the same procedures for processing loan guarantee applications under this subsection as the Administrator uses for processing loan guarantee applications under other loan guarantee programs that the Administrator administers.
"(e)
"(1) $20,000,000, with respect to any single borrower; and
"(2) $320,000,000 with respect to all borrowers.
"(f)
"(g)
"(2) Not later than July 1, 2007, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the demonstration program since its implementation, including the Secretary's views regarding the benefits of the program for Army manufacturing arsenals and the Department of the Army and the success of the program in achieving the purposes specified in subsection (b). The report shall contain a comprehensive review of contracting at the Army manufacturing arsenals covered by the program and such recommendations as the Secretary considers appropriate regarding changes to the program."
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