10 U.S.C. § 8631 — Accounting for expenditures for obtaining

Page 3314 TITLE 10—ARMED FORCES § 8628 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title XII, § 1219(b), Sept. 24, 1983, 97 Stat. 691, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 1983.’’ § 8628. Merchant vessels: supplies (a) The Secretary of the Navy, under such reg- ulations as he prescribes, may sell to a mer- chant ship such fuel and other supplies as may be required to meet its necessities if the ship is unable— (1) to procure the supplies from other sources at its present location; and (2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried on it. (b) Sales under this section shall be at such prices as the Secretary considers reasonable. Payment shall be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise directed by another provision of law, be credited to the current ap- propriation concerned and are available for the same purposes as that appropriation. (Aug. 10, 1956, ch. 1041, 70A Stat. 448, § 7228; re- numbered § 8628, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7228 ......... 34 U.S.C. 555f. June 4, 1954, ch. 264, § 3, 68 Stat. 176. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7228 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. § 8629. Purchase of fuel In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used. (Aug. 10, 1956, ch. 1041, 70A Stat. 448, § 7229; re- numbered § 8629, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7229 ......... 34 U.S.C. 580. R.S. 3728. The first sentence is omitted as covered by § 2 of the Act of Mar. 3, 1933, ch. 212 (41 U.S.C. 10a). The words ‘‘for the Navy, or for naval stations and yards’’ are omitted, since R.S. 3728 has been interpreted as author- izing the Armed Services Petroleum Purchasing Agen- cy to negotiate contracts for the purchase of fuel, not only when acting as a procuring activity for the Navy, but also when filling the consolidated fuel require- ments of the armed forces. The word ‘‘may’’ is sub- stituted for the words ‘‘shall have the power to’’ for uniformity. The words ‘‘discriminate and’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7229 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. § 8631. Accounting for expenditures for obtaining information When the Secretary of the Navy decides that an expenditure by the Department of the Navy from an appropriation for obtaining information from anywhere in the world may be made public, the expenditure shall be accounted for specifi- cally. When the Secretary decides that an ex- penditure should not be made public, the Sec- retary shall make a certificate on the amount of the expenditure. The certificate is a sufficient voucher for the amount stated to have been spent. (Added Pub. L. 97–258, § 2(b)(11)(B), Sept. 13, 1982, 96 Stat. 1057, § 7231; renumbered § 8631, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7231 ......... 31:108. Aug. 29, 1916, ch. 417 (2d proviso under heading ‘‘Pay, Miscellaneous’’), 39 Stat. 557. The words ‘‘anywhere in the world’’ are substituted for ‘‘abroad and at home’’, and the words ‘‘decides that an expenditure should not be made public’’ are sub- stituted for ‘‘may think it advisable not to specify’’, for clarity and consistency. Editorial Notes PRIOR PROVISIONS A prior section 8631, act Aug. 10, 1956, ch. 1041, 70A Stat. 532, prohibited any officer of Air Force who was engaged in procurement or sale of quartermaster sup- plies from dealing in said supplies, prior to repeal by Pub. L. 90–235, § 7(b)(1), Jan. 2, 1968, 81 Stat. 763. A prior section 8632, act Aug. 10, 1946, ch. 1041, 70A Stat. 532, provided for forfeiture of pay during absence from duty due to disease from intemperate use of alco- hol or drugs, prior to repeal by Pub. L. 87–649, § 14c(54), Sept. 7, 1962, 76 Stat. 501, effective Nov. 1, 1962. See sec- tion 802 of Title 37, Pay and Allowances of the Uni- formed Services. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7231 of this title as this section. Page 3315 TITLE 10—ARMED FORCES § 8633 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. § 8633. Auxiliary vessels: extended lease author- ity (a) AUTHORIZED CONTRACTS.—Subject to sub- section (b), the Secretary of the Navy may enter into contracts with private United States ship- yards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following: (1) The combat logistics force of the Navy. (2) The strategic sealift force of the Navy. (3) Other auxiliary support vessels for the Department of Defense. (b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW.—A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with re- spect to that vessel. As part of a request to Con- gress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under sub- section (g). (c) TERM OF CONTRACT.—In this section, the term ‘‘long-term lease’’ means a lease, bareboat charter, or conditional sale agreement with re- spect to a vessel the term of which (including any option period) is for a period of 20 years or more. (d) OPTION TO BUY.—A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time dur- ing, or at the end of, the contract period (includ- ing any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements asso- ciated with the vessel, or (2) the fair market value of the vessel. (e) DOMESTIC CONSTRUCTION.—The Secretary shall require in any contract entered into under this section that each vessel to which the con- tract applies— (1) shall have been constructed in a shipyard within the United States; and (2) upon delivery, shall be documented under the laws of the United States. (f) VESSEL OPERATION.—(1) The Secretary may operate a vessel held by the Secretary under a long-term lease under this section through a contract with a United States corporation with experience in the operation of vessels for the United States. Any such contract shall be for a term as determined by the Secretary. (2) The Secretary may provide a crew for any such vessel using civil service mariners only after an evaluation taking into account— (A) the fully burdened cost of a civil service crew over the expected useful life of the vessel; (B) the effect on the private sector man- power pool; and (C) the operational requirements of the De- partment of the Navy. (g) CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW.—(1) The Secretary may waive the appli- cability of subsection (b)(2) of section 3672 and section 3675 of this title to a contract authorized by law as provided in subsection (b) if the Sec- retary makes the following findings with respect to that contract: (A) The need for the vessels or services to be provided under the contract is expected to re- main substantially unchanged during the con- templated contract or option period. (B) There is a reasonable expectation that throughout the contemplated contract or op- tion period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation. (C) The timeliness of consideration of the contract by Congress is such that such a waiv- er is in the interest of the United States. (2) The Secretary shall submit a notice of any waiver under paragraph (1) to the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives. (h) SOURCE OF FUNDS FOR TERMINATION LIABIL- ITY.—If a contract entered into under this sec- tion is terminated, the costs of such termi- nation may be paid from— (1) amounts originally made available for performance of the contract; (2) amounts currently available for oper- ation and maintenance of the type of vessels or services concerned and not otherwise obli- gated; or (3) funds appropriated for those costs. (Added Pub. L. 106–65, div. A, title X, § 1014(a)(1), Oct. 5, 1999, 113 Stat. 741, § 7233; renumbered § 8633, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.) Editorial Notes PRIOR PROVISIONS A prior section 8633, act Aug. 10, 1946, ch. 1041, 70A Stat. 532, provided for forfeiture of pay when dropped from rolls, prior to repeal by Pub. L. 87–649, § 14c(55), Sept. 7, 1962, 76 Stat. 502, effective Nov. 1, 1962. See sec- tion 803 of Title 37, Pay and Allowances of the Uni- formed Services. AMENDMENTS 2021—Subsec. (g)(1). Pub. L. 116–283 substituted ‘‘sub- section (b)(2) of section 3672 and section 3675’’ for ‘‘sub- sections (e)(2) and (f) of section 2401’’. 2018—Pub. L. 115–232 renumbered section 7233 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