dreamproit/uscode huggingface dataset:
10 U.S.C. § 8664 (ARMED FORCES)
§ 8664. Suspension of construction in case of treaty
In case of a treaty for the limitation of naval armament to which the United States is a signatory, the President may suspend so much of the authorized naval construction as is necessary to bring the naval vessels of the United States within the limitations agreed upon. Such a suspension does not apply to vessels under construction at the time the suspension is made.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449, § 7294; renumbered § 8664, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7294
34 U.S.C. 498h (as applicable to vessels).
May 17, 1938, ch. 243, § 9 (as applicable to vessels), 52 Stat. 403.
The words “the United States would welcome and support an international conference for naval limitations” are omitted as a declaration of purpose without permanent or general significance. The word “further” is omitted since there is no such agreement in existence today. The word “international” is omitted as unnecessary since the word “treaty” necessarily involves an international understanding. The word “may” is substituted for the words “is hereby authorized and empowered to” for brevity.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7294 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 8667 (ARMED FORCES)
§ 8667. Changing category or type: limitations
Unless they have been specifically made available for the purpose, funds appropriated for the repair or alteration of naval vessels may not be used to make repairs or alterations of any vessel that would change its category or type.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449, § 7297; renumbered § 8667, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7297
34 U.S.C. 490.
June 12, 1948, ch. 452, § 2, 62 Stat. 382.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7297 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 8669 (ARMED FORCES)
§ 8669. Contracts: applicability of chapter 65 of title 41
Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is subject to chapter 65 of title 41 unless the President determines that this requirement is not in the interest of national defense.
(Added Pub. L. 104–106, div. A, title VIII, § 815(a), Feb. 10, 1996, 110 Stat. 396, § 7299; amended Pub. L. 111–350, § 5(b)(52), Jan. 4, 2011, 124 Stat. 3846; renumbered § 8669, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7299 of this title as this section.
2011—Pub. L. 111–350 substituted “chapter 65 of title 41” for “Walsh-Healey Act” in section catchline and for “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” in text.
heading: Statutory Notes and Related Subsidiaries
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. § 8669c (ARMED FORCES)
§ 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program
(a) In General.—
The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary—
(1) submits a report to the congressional defense committees on the results of any production readiness review;
(2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and
(3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete.
(b) Report.—
The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following:
(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.
(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.
(3) The readiness of the shipyard facilities and workforce to begin construction.
(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate.
(5) The Navy’s estimated delivery date and description of any variance to the contract delivery date.
(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.
(c) Definitions.—
For the purposes of subsection (a):
(1) Basic and functional design.—
The term “basic and functional design”, when used with respect to a vessel, means design through computer aided models, that—
(A) fixes the major hull structure of the vessel;
(B) sets the hydrodynamics of the vessel; and
(C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities.
(2) First ship.—
The term “first ship” applies to a ship if—
(A) the ship is the first ship to be constructed under that shipbuilding program; or
(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.
(3) Major shipbuilding program.—
The term “major shipbuilding program” means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title.
(4) Production readiness review.—
The term “production readiness review” means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase.
(5) Start of construction.—
The term “start of construction” means the beginning of fabrication of the hull and superstructure of the ship.
(Added Pub. L. 117–81, div. A, title X, § 1013(a), Dec. 27, 2021, 135 Stat. 1892.)
10 U.S.C. § 8670 (ARMED FORCES)
§ 8670. Contracts for nuclear ships: sales of naval shipyard articles and services to private shipyards
The conditions set forth in section 2208(j)(1)(B) of this title and subsections (a)(1) and (c)(1)(A) of section 2563 of this title shall not apply to a sale by a naval shipyard of articles or services to a private shipyard that is made at the request of the private shipyard in order to facilitate the private shipyard’s fulfillment of a Department of Defense contract with respect to a nuclear ship. This section does not authorize a naval shipyard to construct a nuclear ship for the private shipyard, to perform a majority of the work called for in a contract with a private entity, or to provide articles or services not requested by the private shipyard.
(Added Pub. L. 106–65, div. A, title X, § 1016(a), Oct. 5, 1999, 113 Stat. 744, § 7300; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1033(c)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–261; renumbered § 8670, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7300 of this title as this section.
2000—Pub. L. 106–398 substituted “section 2563” for “section 2553”.
heading: Statutory Notes and Related Subsidiaries
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. § 8673 (ARMED FORCES)
§ 8673. Model Basin; investigation of hull designs
The Secretary of the Navy may authorize experiments to be made at the Model Basin for private persons. The costs of experiments made for private persons shall be paid by those persons under regulations prescribed by the Secretary. The results of private experiments are confidential and may not be divulged without the consent of the persons for whom they are made. However, the data obtained from such experiments may be used by the Secretary for governmental purposes, subject to the patent laws of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451, § 7303; Pub. L. 89–718, § 41, Nov. 2, 1966, 80 Stat. 1120; renumbered § 8673 and amended Pub. L. 115–232, div. A, title VIII, § 807(d)(2), title X, § 1015(a), Aug. 13, 2018, 132 Stat. 1836, 1949.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7303
5 U.S.C. 430a.
May 6, 1936, ch. 333, 49 Stat. 1263; June 20, 1940, ch. 400, § 1(a), (b), 54 Stat. 492.
In subsection (a) the authority to purchase a site and construct the model basin is omitted as executed. The words “David W. Taylor Model Basin, Carderock, Maryland” are inserted to designate the model basin established under this authority. The words “investigations to determine” are substituted for the words “work of investigating and determining.” The phrase “vessels, including aircraft” is changed to read “vessels and aircraft”, and the words “their design” are substituted for “ship design”.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7303 of this title as this section.
Pub. L. 115–232, § 1015(a), struck out subsec. (b) designation before “The Secretary” and struck out subsec. (a) which read as follows: “An office or agency in the Department of the Navy designated by the Secretary of the Navy shall conduct at the David W. Taylor Model Basin, Carderock, Maryland, investigations to determine the most suitable shapes and forms for United States vessels and aircraft and investigations of other problems of their design.”
1966—Subsec. (a). Pub. L. 89–718 substituted “An officer or agency of the Department of the Navy designated by the Secretary of the Navy” for “The Bureau of Ships”.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7305a of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7308 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 8678a (ARMED FORCES)
§ 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life
(a) Limitation.—
The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship.
(b) Waiver.—
The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if—
(1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and
(2) a period of 30 days has elapsed following the date on which such certification was submitted.
(c) Certification Described.—
A certification described in this subsection is a certification that—
(1)
(A) maintaining the battle force ship in a reduced operating status is not feasible;
(B) maintaining the ship with reduced capability is not feasible;
(C) maintaining the ship as a Navy Reserve unit is not feasible;
(D) transferring the ship to the Coast Guard is not feasible; and
(E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and
(2) includes an explanation of—
(A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and
(B) the rationale for the determination under subparagraph (E) of such paragraph.
(d) Form.—
A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
(e) Definitions.—
In this section:
(1) The term “battle force ship” means the following:
(A) A commissioned United States Ship warship capable of contributing to combat operations.
(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.
(2) The term “expected service life” means the number of years a naval vessel is expected to be in service.
(Added Pub. L. 117–81, div. A, title X, § 1014(a), Dec. 27, 2021, 135 Stat. 1894.)
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7309 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Executive Documents
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: Editorial Notes
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 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 8684a (ARMED FORCES)
[§ 8684a. Omitted]
heading: Codification
text: Section, added and amended Pub. L. 116–283, div. A, title XVIII, § 1876(a), Jan. 1, 2021, 134 Stat. 4291, related to rate for progress payments in the repair, maintenance, or overhaul of naval vessels, and was to become effective Jan. 1, 2022. Pub. L. 117–81, div. A, title XVII, § 1701(n)(3), Dec. 27, 2021, 135 Stat. 2146, repealed section 1876 of Pub. L. 116–283, effective as if included in title XVIII of Pub. L. 116–283, thereby omitting this section before it took effect. Text of section 2307(g)(1) of this title, which had been transferred to this section, was transferred to section 3808(a) of this title.