10 U.S.C. § 8687 — Status of Government rights in the de-

Page 3341 TITLE 10—ARMED FORCES § 8687 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. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRITICAL SHIPBUILDING SKILLS Pub. L. 116–92, div. A, title III, § 357, Dec. 20, 2019, 133 Stat. 1322, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy may carry out a pilot program to train individuals to become skilled technicians in critical shipbuilding skills such as welding, metrology, quality assurance, machining, and additive manufacturing. ‘‘(b) PARTNERSHIPS.—In carrying out the pilot pro- gram under this section, the Secretary may partner with existing Federal or State projects relating to in- vestment and infrastructure in training and education or workforce development, such as the National Net- work for Manufacturing Innovation, the Industrial Base Analysis and Sustainment program of the Depart- ment of Defense, and the National Maritime Edu- cational Council. ‘‘(c) TERMINATION.—The authority to carry out a pilot program under this section shall terminate on Sep- tember 30, 2025. ‘‘(d) BRIEFINGS.—If the Secretary carries out a pilot program under this section, the Secretary shall provide briefings to the Committees on Armed Services of the Senate and the House of Representatives as follows: ‘‘(1) Not later than 30 days before beginning to im- plement the pilot program, the Secretary shall pro- vide a briefing on the plan, cost estimate, and sched- ule for the pilot program. ‘‘(2) Not less frequently than annually during the period when the pilot program is carried out, the Sec- retary shall provide briefings on the progress of the Secretary in carrying out the pilot program.’’ PROCEDURES FOR APPLICATIONS AND FOR CONSIDERATION OF AGREEMENTS Pub. L. 105–85, div. A, title X, § 1027(b), Nov. 18, 1997, 111 Stat. 1880, provided that: ‘‘Not later than 30 days after the date of the enactment of this Act [Nov. 18, 1997], the Secretary of the Navy shall establish applica- tion procedures and procedures for expeditious consid- eration of shipbuilding capability preservation agree- ments as authorized by section 7315 [now 8685] of title 10, United States Code, as added by subsection (a).’’ § 8686. Support for transfers of decommissioned vessels and shipboard equipment (a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of the Navy may provide an entity de- scribed in subsection (b) with assistance in sup- port of a transfer of a vessel or shipboard equip- ment 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 des- ignated 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 des- ignated by the Secretary of the Navy or by law to receive transfer of the equipment. (c) REIMBURSEMENT.—The Secretary may re- quire 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 re- ceived 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.) Editorial Notes PRIOR PROVISIONS 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 Na- tional 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. AMENDMENTS 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 ‘‘sec- tion 2572, 8676, 8677, or 8765’’ for ‘‘section 2572, 7306, 7307, or 7545’’. 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. § 8687. Status of Government rights in the de- signs of vessels, boats, and craft, and compo- nents thereof (a) IN GENERAL.—Government rights in the de- sign of a vessel, boat, or craft, and its compo- nents, 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 ac- cordance 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 AUTHORI- TIES.—This section may be modified or super- Page 3342 TITLE 10—ARMED FORCES § 8688 seded by a provision of statute only if such pro- vision expressly refers to this section in modi- fying or superseding this section. (Added Pub. L. 110–417, [div. A], title VIII, § 825(a), Oct. 14, 2008, 122 Stat. 4534, § 7317; renum- bered § 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.) Editorial Notes PRIOR PROVISIONS 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, re- lated 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. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘sub- chapter 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. § 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 Conver- sion, Navy account shall require, as a condition of the contract, that the work performed under the contract is covered by a warranty for a pe- riod of at least one year. (b) WAIVER.—If the contracting officer for a contract covered by the requirement under sub- section (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 con- tracting officer determines is sufficient to pro- tect 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; re- numbered § 8688, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes PRIOR PROVISIONS 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. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7318 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. EFFECTIVE DATE 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 De- fense Authorization for Fiscal Year 2018 [Pub. L. 115–91, approved Dec. 12, 2017]. ‘‘(2) September 30, 2017.’’ [§ 8688a. Omitted] CODIFICATION 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 ef- fect. Text of section 2307(g)(3) of this title, which had been transferred to this section, was transferred to sec- tion 3808(c) of this title. § 8689. Requirements for availability of funds re- lating to advanced naval nuclear fuel sys- tems 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 nu- clear nonproliferation. (b) PROHIBITION REGARDING CERTAIN AC- COUNTS.—(1) None of the funds described in para- graph (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 De- fense. (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 spe- cifically supersedes, repeals, or modifies this section. A provision of law, including a table in- corporated into an Act, that appropriates funds described in paragraph (2) for low-enriched ura- nium activities may not be treated as specifi- cally superseding this section unless such provi- sion specifically cites to this section.