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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: Editorial Notes
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: 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. § 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 subchapter I of chapter 275 of this title.
(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by subchapter I of chapter 275 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; amended Pub. L. 116–283, div. A, title XVIII, § 1833(p), Jan. 1, 2021, 134 Stat. 4234.)
heading: Editorial Notes
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: 2021—Subsec. (a). Pub. L. 116–283 substituted “subchapter I of chapter 275” for “section 2320” in pars. (1) and (2).
2018—Pub. L. 115–232 renumbered section 7317 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 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.
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: Editorial Notes
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: 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. 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. § 8688a (ARMED FORCES)
[§ 8688a. Omitted]
heading: Codification
text: Section, added and amended Pub. L. 116–283, div. A, title XVIII, § 1876(b), Jan. 1, 2021, 134 Stat. 4291, related to liens in contracts for construction or conversion 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)(3) of this title, which had been transferred to this section, was transferred to section 3808(c) of this title.
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: Editorial Notes
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: 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. § 8692 (ARMED FORCES)
§ 8692. Ford-class aircraft carriers: cost limitation baselines
(a) Limitation.—
The total amounts obligated or expended from funds authorized to be appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers:
(1) $13,224,000,000 for the construction of the aircraft carrier designated CVN–78.
(2) $11,398,000,000 for the construction of the aircraft carrier designated CVN–79.
(3) $12,202,000,000 for the construction of the aircraft carrier designated CVN–80.
(4) $12,451,000,000 for the construction of the aircraft carrier designated CVN–81.
(b) Exclusion of Battle and Interim Spares From Cost Limitation.—
The Secretary of the Navy shall exclude from the determination of the amounts set forth in subsection (a) the costs of the following items:
(1) CVN–78 class battle spares.
(2) Interim spares.
(3) Increases attributable to economic inflation after December 1, 2018, not otherwise included in the amounts listed in subsection (a).
(c) Written Notice and Briefing on Change in Amount.—
The Secretary of the Navy may adjust an amount listed in subsection (a) not fewer than 15 days after submitting written notice and providing a briefing to the congressional defense committees, each of which shall include the amount and rationale of any change and the resulting amount after such change.
(Added Pub. L. 116–92, div. A, title I, § 121(a), Dec. 20, 2019, 133 Stat. 1233.)
heading: Editorial Notes
heading: Codification
text: Another section 8692 was renumbered section 8693 of this title.
heading: Prior Provisions
text: A prior section 8692, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided qualifications to receive a rating of pilot in time of peace, prior to repeal by Pub. L. 92–168, § 3(1), Nov. 24, 1971, 85 Stat. 489. See section 2003 of this title.
10 U.S.C. § 8694 (ARMED FORCES)
§ 8694. Annual report on ship maintenance
(a) Report Required.—
Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:
(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull.
(2) The estimated cost of the maintenance described pursuant to paragraph (1).
(3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year.
(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability.
(5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including—
(A) a summary of the effects on the costs and schedule for each delay or cancellation; and
(B) the accrued operational and fiscal cost of all the deferments over the fiscal year.
(b) Form of Report.—
Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.
(Added Pub. L. 117–81, div. A, title X, § 1016(a), Dec. 27, 2021, 135 Stat. 1895.)
10 U.S.C. § 8701 (ARMED FORCES)
§ 8701. Authority to provide for necessary salvage facilities
(a) Authority.—
The Secretary of the Navy may provide, by contract or otherwise, necessary salvage facilities for public and private vessels.
(b) Coordination With Secretary of Homeland Security.—
The Secretary shall submit to the Secretary of Homeland Security for comment each proposed contract for salvage facilities that affects the interests of the Department of Homeland Security.
(c) Limitation.—
The Secretary of the Navy may enter into a term contract under subsection (a) only if the Secretary determines that available commercial salvage facilities are inadequate to meet the requirements of national defense.
(d) Public Notice.—
The Secretary may not enter into a contract under subsection (a) until the Secretary has provided public notice of the intent to enter into such a contract.
(e) Salvage Facilities Defined.—
In this section, the term “salvage facilities” includes equipment and gear utilized to prevent, abate, or minimize damage to the environment.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7361; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (6), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title III, § 315(a), Nov. 24, 2003, 117 Stat. 1431; renumbered § 8701, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7361 of this title as this section.
2003—Subsec. (e). Pub. L. 108–136 added subsec. (e).
2002—Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in heading and in two places 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.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 8702 (ARMED FORCES)
§ 8702. Acquisition and transfer of vessels and equipment
(a) Authority.—
The Secretary of the Navy may acquire or transfer for operation by private salvage companies such vessels and equipment as the Secretary considers necessary.
(b) Agreement on Use.—
Before any salvage vessel or salvage gear is transferred by the Secretary to a private party, the private party must agree in writing with the Secretary that the vessel or gear will be used to support organized offshore salvage facilities for a period of as many years as the Secretary considers appropriate.
(c) Reference to Authority To Advance Funds for Immediate Salvage Operations.—
For authority for the Secretary of the Navy to advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations, see section 3808(b) of this title.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7362; renumbered § 8702, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 116–283, div. A, title XVIII, § 1834(i)(5), as added Pub. L. 117–81, div. A, title XVII, § 1701(n)(2), Dec. 27, 2021, 135 Stat. 2145; Pub. L. 116–283, div. A, title XVIII, § 1876(c), Jan. 1, 2021, 134 Stat. 4291; Pub. L. 117–81, div. A, title XVII, § 1701(n)(3), Dec. 27, 2021, 135 Stat. 2146.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 116–283, § 1876(c), which directed striking the first two words of the subsec. heading, striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title, and substituting “this subsection” for “this paragraph” in the second sentence thereof, was repealed by Pub. L. 117–81, § 1701(n)(3), effective as if included in title XVIII of Pub. L. 116–283.
Pub. L. 116–283, § 1834(i)(5), as added by Pub. L. 117–81, § 1701(n)(2), which directed substitution of “section 3808(b)” for “section 2307(g)(2)” in section 8702(c), without specifying the Code title to be amended, was executed to subsec. (c) of this section to reflect the probable intent of Congress.
2018—Pub. L. 115–232 renumbered section 7362 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 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.
10 U.S.C. § 8703 (ARMED FORCES)
§ 8703. Settlement of claims
(a) Authority to Settle Claim.—
The Secretary of the Navy may settle any claim by the United States for salvage services rendered by the Department of the Navy and may receive payment of any such claim.
(b) Salvage Services Defined.—
In this section, the term “salvage services” includes services performed in connection with a marine salvage operation that are intended to prevent, abate, or minimize damage to the environment.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 425, § 7363; amended Pub. L. 108–136, div. A, title III, § 315(b), Nov. 24, 2003, 117 Stat. 1431; renumbered § 8703, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7363 of this title as this section.
2003—Pub. L. 108–136 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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. § 8704 (ARMED FORCES)
§ 8704. Disposition of receipts
Amounts received under this chapter shall be credited to appropriations for maintaining naval salvage facilities. However, any amount received under this chapter in any fiscal year in excess of naval salvage costs incurred by the Navy during that fiscal year shall be deposited into the general fund of the Treasury.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 425, § 7364; renumbered § 8704, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7364 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.