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10 U.S.C. § 3808 — Certain Navy contracts

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3808 — Certain Navy contracts

**(a) Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—** The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than— (1) 95 percent, in the case of a firm considered to be a small business; and (2) 90 percent, in the case of any other firm. **(b) Authority to Advance Funds for Immediate Salvage Operations.—** The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States. **(c) Security for Construction and Conversion of Naval Vessels.—** The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.

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Stable record: federal_law:legal_authorities:record_usc_038eae3097d589438113f9e8
Source file: Laws/federal/codes/united-states-code/title-10/section-3808-certain-navy-contracts--7ad8a2bf73.md
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Passage SHA-256: fd1686c7542f05a02d09567ebe994b239974949fe1b07067103b00a2676e0bf2

Source location: Title 10, Chapter 277, § 3808; chapter-277-contract-financing.md

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**(a) Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—** The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than— (1) 95 percent, in the case of a firm considered to be a small business; and (2) 90 percent, in the case of any other firm. **(b) Authority to Advance Funds for Immediate Salvage Operations.—** The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States. **(c) Security for Construction and Conversion of Naval Vessels.—** The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1170 — Regular enlisted members: minority discharge

Upon application by the parents or guardian of a regular enlisted member of an armed force to the Secretary concerned within 90 days after the member’s enlistment, the member shall be discharged for his own convenience, with the pay and form of discharge certificate to which his service entitles him, if— (1) there is evidence satisfactory to the Secretary concerned that the member is under eighteen years of age; and (2) the member enlisted without the written consent of his parent or guardian.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1172 — Enlisted members: during war or emergency; discharge

A person enlisted under [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section518&num=0&edition=prelim) may be discharged at any time by the President, or otherwise according to law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14503 — Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)

**(a) Authorized Discharges.—** The Secretary of the military department concerned may discharge any reserve officer who— (1) has less than six years of service in an active status as a commissioned officer; or (2) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade). **(b) Time for Discharge.—** (1) An officer described in subsection (a)(2)— (A) may be discharged at any time after being found not qualified for promotion; and (B) if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion. (2) Paragraph (1) shall not apply if the officer is sooner promoted. **(c) Regulations.—** Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14907 — Army National Guard of the United States and Air National Guard of the United States: discharge and withdrawal of Federal recognition of officers absent without leave

**(a) Authority To Withdraw Federal Recognition.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States has been absent without leave for three months, the Secretary of the Army or the Secretary of the Air Force, as appropriate, may— (1) terminate the reserve appointment of the officer; and (2) withdraw the officer’s Federal recognition as an officer of the National Guard. **(b) Discharge From Reserve Appointment.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States whose Federal recognition as an officer of the National Guard is withdrawn under [section 323(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section323/b&num=0&edition=prelim) shall be discharged from the officer’s appointment as a reserve officer of the Army or the Air Force, as the case may be.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 630 — Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense— (1) may discharge any officer on the active-duty list who— (A) has less than six years of active commissioned service; or (B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and (2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1169 — Regular enlisted members: limitations on discharge

No regular enlisted member of an armed force may be discharged before his term of service expires, except— (1) as prescribed by the Secretary concerned; (2) by sentence of a general or special court martial; or (3) as otherwise provided by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7311 — Twenty years or more: regular or reserve commissioned officers

**(a)** The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer. **(b)** (1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years. (2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7311

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7362 — Recomputation of retired pay to reflect advancement on retired list

**(a) Entitlement to Recomputation.—** An enlisted member or warrant officer of the Army who is advanced on the retired list under [section 7344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7344&num=0&edition=prelim) is entitled to recompute his retired pay in accordance with this section. **(b) Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying— (1) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by (2) the retired pay multiplier prescribed in [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim) for the number of years credited to the member under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim). **(c) Rounding to Next Lower Dollar.—** The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7362

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7487 — United States Army War College: acceptance of grants for faculty research for scientific, literary, and educational purposes

**(a) Acceptance of Research Grants.—** The Secretary of the Army may authorize the Commandant of the United States Army War College to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College for a scientific, literary, or educational purpose. **(b) Qualifying Grants.—** A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. **(c) Entities From Which Grants May Be Accepted.—** A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes. **(d) Administration of Grant Funds.—** The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. **(e) Related Expenses.—** Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Army War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants. **(f) Regulations.—** The Secretary shall prescribe regulations for the administration of this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7487

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