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10 U.S.C. § 8674 (ARMED FORCES)
§ 8674. Examination of vessels; striking of vessels from Naval Vessel Register
(a) Boards of Officers To Examine Naval Vessels.—
(1) The Secretary of the Navy shall designate boards of naval officers to examine naval vessels, including unfinished vessels, for the purpose of making a recommendation to the Secretary as to which vessels, if any, should be stricken from the Naval Vessel Register. Each vessel shall be examined at least once every three years if practicable.
(2)
(A) Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the vessel.
(B) Subparagraph (A) shall not apply to a vessel undergoing necessary trials before acceptance into the fleet.
(b) Actions by Board.—
A board designated under subsection (a) shall submit to the Secretary in writing its recommendations as to which vessels, if any, among those it examined should be stricken from the Naval Vessel Register.
(c) Action by Secretary.—
If the Secretary concurs with a recommendation by a board that a vessel should be stricken from the Naval Vessel Register, the Secretary shall strike the name of that vessel from the Naval Vessel Register.
(d) Annual Report.—
(1) Not later than March 1 each year, the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the following:
(A) An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards.
(B) The overall number and types of vessels inspected during the preceding fiscal year.
(C) For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years.
(2) Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction.
(3) No report shall be required under this subsection after October 1, 2021.
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1708, § 7304; renumbered § 8674 and amended Pub. L. 115–232, div. A, title III, § 322, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1719, 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7304 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 322(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 115–232, § 322(b), added subsec. (d).
heading: Effective Date of 2018 Amendment
text: Amendment by section 807(d)(2) of 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.
10 U.S.C. § 8675a (ARMED FORCES)
§ 8675a. Vessels stricken from Naval Vessel Register: contracts for dismantling on net-cost basis
(a) Authority for Net-Cost Basis Contracts.—
When the Secretary of the Navy awards a contract for the dismantling of a vessel stricken from the Naval Vessel Register, the Secretary may award the contract on a net-cost basis.
(b) Retention by Contractor of Proceeds of Sale of Scrap and Reusable Items.—
When the Secretary awards a contract on a net-cost basis under subsection (a), the Secretary shall provide in the contract that the contractor may retain the proceeds from the sale of scrap and reusable items removed from the vessel dismantled under the contract.
(c) Definitions.—
In this section:
(1) The term “net-cost basis”, with respect to a contract for the dismantling of a vessel, means that the amount to be paid to the contractor under the contract for dismantling and for removal and disposal of hazardous waste material is discounted by the offeror’s estimate of the value of scrap and reusable items that the contractor will remove from the vessel during performance of the contract.
(2) The term “scrap” means personal property that has no value except for its basic material content.
(3) The term “reusable item” means a demilitarized component or a removable portion of a vessel or equipment that the Secretary of the Navy has identified as excess to the needs of the Navy but which has potential resale value on the open market.
(Added Pub. L. 108–375, div. A, title X, § 1011(a), Oct. 28, 2004, 118 Stat. 2038, § 7305a; renumbered § 8675a, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7305a of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8678 (ARMED FORCES)
§ 8678. Chief of Naval Operations: certification required for disposal of combatant vessels
Notwithstanding any other provision of law, no combatant vessel of the Navy may be sold, transferred, or otherwise disposed of unless the Chief of Naval Operations certifies that it is not essential to the defense of the United States.
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710, § 7308; renumbered § 8678, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7308 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8679 (ARMED FORCES)
§ 8679. Construction of vessels in foreign shipyards: prohibition
(a) Prohibition.—
Except as provided in subsection (b), no vessel to be constructed for any of the armed forces, and no major component of the hull or superstructure of any such vessel, may be constructed in a foreign shipyard.
(b) Presidential Waiver for National Security Interest.—
(1) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so.
(2) The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date on which the notice of the determination is received by Congress.
(c) Exception for Inflatable Boats.—
An inflatable boat or a rigid inflatable boat, as defined by the Secretary of the Navy, is not a vessel for the purpose of the restriction in subsection (a).
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710, § 7309; renumbered § 8679, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7309 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
heading: Delegation of Authority
text: For delegation of authority of President under subsec. (b) of this section, see section 3 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title.
10 U.S.C. § 8684 (ARMED FORCES)
§ 8684. Overhaul of naval vessels: competition between public and private shipyards
The Secretary of the Navy should ensure, in any case in which the Secretary awards a project for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards, that each of the following criteria is met:
(1) The bid of any public shipyard for the award includes—
(A) the full costs to the United States associated with future retirement benefits of civilian employees of that shipyard consistent with computation methodology established by Office of Management and Budget Circular A–76; and
(B) in a case in which equal access to the Navy supply system is not allowed to public and private shipyards, a pro rata share of the costs of the Navy supply system.
(2) Costs applicable to oversight of the contract by the appropriate Navy supervisor of shipbuilding, conversion, and repair are added to the bid of any private shipyard for the purpose of comparability analysis.
(3) The award is made using the results of the comparability analysis.
(Added Pub. L. 100–456, div. A, title XII, § 1225(a)(1), Sept. 29, 1988, 102 Stat. 2054, § 7313; renumbered § 7314, Pub. L. 101–189, div. A, title XVI, § 1622(a), Nov. 29, 1989, 103 Stat. 1604; renumbered § 8684, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8684 was renumbered section 9252 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7314 of this title as this section.
1989—Pub. L. 101–189 renumbered section 7313 as section 7314 of this title.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
heading: Effective Date
text: Pub. L. 100–456, div. A, title XII, § 1225(b), Sept. 29, 1988, 102 Stat. 2055, provided that: “Section 7313 [now 8684] of title 10, United States Code, as added by subsection (a), applies to any award by the Secretary of the Navy made after the end of the 30-day period beginning on the date of the enactment of this Act [Sept. 29, 1988] for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards.”
10 U.S.C. § 8686 (ARMED FORCES)
§ 8686. Support for transfers of decommissioned vessels and shipboard equipment
(a) Authority To Provide Assistance.—
The Secretary of the Navy may provide an entity described in subsection (b) with assistance in support of a transfer of a vessel or shipboard equipment described in such subsection that is being executed under section 2572, 8676, 8677, or 8765 of this title, or under any other authority.
(b) Covered Vessels and Equipment.—
The authority under this section applies—
(1) in the case of a decommissioned vessel that—
(A) is owned and maintained by the Navy, is located at a Navy facility, and is not in active use; and
(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the vessel; and
(2) in the case of any shipboard equipment that—
(A) is on a vessel described in paragraph (1)(A); and
(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the equipment.
(c) Reimbursement.—
The Secretary may require a recipient of assistance under subsection (a) to reimburse the Navy for amounts expended by the Navy in providing the assistance.
(d) Deposit of Funds Received.—
Funds received in a fiscal year under subsection (c) shall be credited to the appropriation available for such fiscal year for operation and maintenance for the office of the Navy managing inactive ships, shall be merged with other sums in the appropriation that are available for such office, and shall be available for the same purposes and period as the sums with which merged.
(Added Pub. L. 108–136, div. A, title X, § 1015(a), Nov. 24, 2003, 117 Stat. 1591, § 7316; renumbered § 8686 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(2), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Prior Provisions
text: A prior section 8686, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 24, 1980, Pub. L. 96–357, § 5(a), 94 Stat. 1182; Oct. 19, 1984, Pub. L. 98–525, title IV, § 414(a)(7)(B), 98 Stat. 2519, related to credit to members of Air National Guard of United States for service as members of Air National Guard, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(g)(2), Oct. 5, 1994, 108 Stat. 2996. See section 12602 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7316 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 2572, 8676, 8677, or 8765” for “section 2572, 7306, 7307, or 7545”.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8687 (ARMED FORCES)
§ 8687. Status of Government rights in the designs of vessels, boats, and craft, and components thereof
(a) In General.—
Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely as follows:
(1) In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of section 2320 of this title.
(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by section 2320 of this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or component, as applicable, was developed for the Government.
(b) Construction of Superseding Authorities.—
This section may be modified or superseded by a provision of statute only if such provision expressly refers to this section in modifying or superseding this section.
(Added Pub. L. 110–417, [div. A], title VIII, § 825(a), Oct. 14, 2008, 122 Stat. 4534, § 7317; renumbered § 8687, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8687, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 2, 1958, Pub. L. 85–861, § 1(188), 72 Stat. 1534; Sept. 7, 1962, Pub. L. 87–649, § 6(d), 76 Stat. 494, related to compensation for members of Air Force other than Regular Air Force prior to repeal by Pub. L. 99–661, div. A, title VI, § 604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7317 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8688 (ARMED FORCES)
§ 8688. Warranty requirements for shipbuilding contracts
(a) Requirement.—
A contracting officer for a contract for new construction for which funds are expended from the Shipbuilding and Conversion, Navy account shall require, as a condition of the contract, that the work performed under the contract is covered by a warranty for a period of at least one year.
(b) Waiver.—
If the contracting officer for a contract covered by the requirement under subsection (a) determines that a limited liability of warranted work is in the best interest of the Government, the contracting officer may agree to limit the liability of the work performed under the contract to a level that the contracting officer determines is sufficient to protect the interests of the Government and in keeping with historical levels of warranted work on similar vessels.
(Added Pub. L. 114–328, div. A, title X, § 1022(a)(1), Dec. 23, 2016, 130 Stat. 2388, § 7318; renumbered § 8688, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8688, act Aug. 10, 1956, ch. 1041, 70A Stat. 536, related to death gratuity payable to survivors of members of Air Force, prior to repeal by Pub. L. 85–861, § 36B(29), Sept. 2, 1958, 72 Stat. 1571. See sections 1475 to 1480 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7318 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
heading: Effective Date
text: Pub. L. 114–328, div. A, title X, § 1022(b), Dec. 23, 2016, 130 Stat. 2388, provided that:
“Section 7318 of title 10, United States Code, as added by subsection (a), shall take effect on the later of the following dates:
“(1) The date of the enactment of the National Defense Authorization for Fiscal Year 2018 [Pub. L. 115–91, approved Dec. 12, 2017].
“(2) September 30, 2017.”
10 U.S.C. § 8689 (ARMED FORCES)
§ 8689. Requirements for availability of funds relating to advanced naval nuclear fuel systems based on low-enriched uranium
(a) Authorization.—
Low-enriched uranium activities may only be carried out using funds authorized to be appropriated or otherwise made available for the Department of Energy for atomic energy defense activities for defense nuclear nonproliferation.
(b) Prohibition Regarding Certain Accounts.—
(1) None of the funds described in paragraph (2) may be obligated or expended to carry out low-enriched uranium activities.
(2) The funds described in this paragraph are funds authorized to be appropriated or otherwise made available for any fiscal year for any of the following accounts:
(A) Shipbuilding and conversion, Navy, or any other account of the Department of Defense.
(B) Any account within the atomic energy defense activities of the Department of Energy other than defense nuclear nonproliferation, as specified in subsection (a).
(3) The prohibition in paragraph (1) may not be superseded except by a provision of law that specifically supersedes, repeals, or modifies this section. A provision of law, including a table incorporated into an Act, that appropriates funds described in paragraph (2) for low-enriched uranium activities may not be treated as specifically superseding this section unless such provision specifically cites to this section.
(c) Low-enriched Uranium Activities Defined.—
In this section, the term “low-enriched uranium activities” means the following:
(1) Planning or carrying out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.
(2) Procuring ships that use low-enriched uranium in naval nuclear propulsion reactors.
(Added Pub. L. 115–91, div. C, title XXXI, § 3115(b)(1), Dec. 12, 2017, 131 Stat. 1886, § 7319; renumbered § 8689, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8689, acts Aug. 10, 1956, ch. 1041, 70A Stat. 537; Sept. 26, 1961, Pub. L. 87–304, § 9(d), 75 Stat. 665, related to assignments and allotments of pay, prior to repeal by Pub. L. 87–649, § 14c(57), Sept. 7, 1962, 76 Stat. 502, effective Nov. 1, 1962. See section 701 of Title 37, Pay and Allowances of the Uniformed Services.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7319 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8690 (ARMED FORCES)
§ 8690. Limitation on length of overseas forward deployment of naval vessels
(a) Limitation.—
The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.
(b) Vessels Specified.—
A naval vessel specified in this subsection is any of the following:
(1) Aircraft carrier.
(2) Amphibious ship.
(3) Cruiser.
(4) Destroyer.
(5) Frigate.
(6) Littoral Combat Ship.
(c) Waiver.—
The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—
(1) the waiver of such limitation with respect to the vessel;
(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and
(3) the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.
(Added § 7320 and renumbered § 8690, Pub. L. 115–232, div. A, title III, § 323(a)(1), title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8690, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, exempted enlisted members of Air Force, while on active duty, from arrest for any debt, unless it was contracted before enlistment and amounted to at least $20 when first contracted, prior to repeal by Pub. L. 90–235, § 7(b)(1), Jan. 2, 1968, 81 Stat. 763.
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7320 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by section 807(d)(2) of 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.
heading: Treatment of Currently Deployed Vessels
text: Pub. L. 115–232, div. A, title III, § 323(b), Aug. 13, 2018, 132 Stat. 1720, provided that: “In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act [Aug. 13, 2018], the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.”