10 U.S.C. § 8702 — Acquisition and transfer of vessels and

Page 3349 TITLE 10—ARMED FORCES § 8702 Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 renumbered section 8696 of this title relating to battle force ship employment, mainte- nance, and manning baseline plans as this section. CHAPTER 865—SALVAGE FACILITIES Sec. 8701. Authority to provide for necessary salvage fa- cilities. 8702. Acquisition and transfer of vessels and equip- ment. 8703. Settlement of claims. 8704. Disposition of receipts. Editorial Notes PRIOR PROVISIONS A prior chapter 865, formerly consisting of sections 8881 to 8889, related to retirement from the Air Force for age, prior to repeal by Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390, and Pub. L. 96–513, title II, § 216, Dec. 12, 1980, 94 Stat. 2886. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 637 of this title as this chapter and items 7361 to 7364 as 8701 to 8704, respectively. 1996—Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, amended analysis generally, adding items 7361 to 7364 and striking out former items 7361 ‘‘Naval salvage facilities: contracts for commercial fa- cilities’’, 7362 ‘‘Commercial use of naval facilities’’, 7363 ‘‘Transfer of equipment: contract provisions’’, 7365 ‘‘Settlement of claims’’, and 7367 ‘‘Disposition of re- ceipts’’. 1994—Pub. L. 103–355, title II, § 2001(j)(3)(B), Oct. 13, 1994, 108 Stat. 3303, struck out item 7364 ‘‘Advancement of funds for salvage operations’’. 1993—Pub. L. 103–160, div. A, title VIII, § 828(a)(8), Nov. 30, 1993, 107 Stat. 1713, struck out item 7366 ‘‘Limitation on appropriations’’. § 8701. Authority to provide for necessary sal- vage facilities (a) AUTHORITY.—The Secretary of the Navy may provide, by contract or otherwise, nec- essary salvage facilities for public and private vessels. (b) COORDINATION WITH SECRETARY OF HOME- LAND SECURITY.—The Secretary shall submit to the Secretary of Homeland Security for com- ment each proposed contract for salvage facili- ties 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 avail- able commercial salvage facilities are inad- equate to meet the requirements of national de- fense. (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 sec- tion, 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.) Editorial Notes AMENDMENTS 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 head- ing and in two places in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. EFFECTIVE DATE OF 2002 AMENDMENT 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. § 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 Sec- retary to a private party, the private party must agree in writing with the Secretary that the ves- sel or gear will be used to support organized off- shore 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 oper- ations, 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.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283, § 1876(c), which di- rected striking the first two words of the subsec. head- ing, striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title, and sub- stituting ‘‘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 Page 3350 TITLE 10—ARMED FORCES § 8703 3808(b)’’ for ‘‘section 2307(g)(2)’’ in section 8702(c), with- out specifying the Code title to be amended, was exe- cuted to subsec. (c) of this section to reflect the prob- able intent of Congress. 2018—Pub. L. 115–232 renumbered section 7362 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 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. EFFECTIVE DATE OF 2018 AMENDMENT 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. § 8703. Settlement of claims (a) AUTHORITY TO SETTLE CLAIM.—The Sec- retary 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 sec- tion, the term ‘‘salvage services’’ includes serv- ices performed in connection with a marine sal- vage 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.) Editorial Notes AMENDMENTS 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. § 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 gen- eral 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7364 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. CHAPTER 867—UNITED STATES NAVAL OBSERVATORY Sec. 8715. Naval Observatory: administration. 8716. Naval Observatory: exchange of information with foreign offices. Editorial Notes PRIOR PROVISIONS A prior chapter 867, consisting of sections 8911 to 8929, related to retirement from the Air Force for length of service, prior to renumbering as chapter 941 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 639 of this title as this chapter and items 7395 and 7396 as 8715 and 8716, respectively. 1982—Pub. L. 97–295, § 1(50)(F), Oct. 12, 1982, 96 Stat. 1300, struck out ‘‘NAVAL OCEANOGRAPHIC OFFICE AND’’ from chapter heading. Pub. L. 97–295, § 1(50)(B), Oct. 12, 1982, 96 Stat. 1299, struck out items 7391 ‘‘United States Naval Oceano- graphic Office: establishment and duties’’, 7392 ‘‘United States Naval Oceanographic Office: maps, charts and books’’, 7393 ‘‘United States Naval Oceanographic Of- fice: pilot charts’’, and 7394 ‘‘Price of maps, charts, and navigational publications’’. 1964—Pub. L. 88–436, § 1(b), Aug. 14, 1964, 78 Stat. 436, substituted ‘‘navigational publications’’ for ‘‘nautical books’’ in item 7394. 1962—Pub. L. 87–533, § 1(a)(1), (b), July 10, 1962, 76 Stat. 154, 155, substituted ‘‘United States Naval Oceano- graphic’’ for ‘‘Hydrographic’’ in chapter heading and in items 7391 to 7393. § 8715. Naval Observatory: administration (a) The Naval Observatory shall be attached to the Office of the Chief of Naval Operations. (b) The Superintendent of the Naval Observ- atory shall be detailed from officers in the line of the Navy serving in the grade of captain or above. (c) The Secretary of the Navy may detail any officer of the Navy, competent for that duty, to supervise the Nautical Almanac. (Aug. 10, 1956, ch. 1041, 70A Stat. 457, § 7395; re- numbered § 8715, Pub. L. 115–232, div. A, title VIII, § 807(d)(4), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7395 ......... 5 U.S.C. 133y–16 (note). Reorganization Plan No. 3 of 1946, Part III, § 301, 60 Stat. 1099.