10 U.S.C. § 8682 — Service craft stricken from Naval Vessel

Page 3338 TITLE 10—ARMED FORCES § 8682 Air Force Register, prior to repeal by Pub. L. 85–861, § 36B(28), Sept. 2, 1958, 72 Stat. 1571. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7311 of this title as this section. 1989—Pub. L. 101–189 amended section generally, sub- stituting subsecs. (a) to (d) for former subsecs. (a) relat- ing to contractual provisions, and (b) relating to re- negotiation of contract. 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 1989 AMENDMENT Pub. L. 101–189, div. A, title XVI, § 1611(b), Nov. 29, 1989, 103 Stat. 1601, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to any contract for work on a naval vessel (other than new construction) entered into after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 29, 1989].’’ § 8682. Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale (a) EXCHANGE OR SALE OF SIMILAR ITEMS.— When the Secretary of the Navy sells an obso- lete service craft or an obsolete boat, or ex- changes such a craft or boat in a transaction for which a similar craft or boat is acquired, the Secretary may retain the proceeds of the sale or the exchange allowance from the exchange, as the case may be, and apply the proceeds of sale or the exchange allowance for any of the fol- lowing purposes: (1) For payment, in whole or in part, for a similar service craft or boat acquired as a re- placement, as authorized by section 503 of title 40. (2) For reimbursement, to the extent prac- ticable, of the appropriate accounts of the Navy for the full costs of preparation of such obsolete craft or boat for such sale or ex- change. (3) For deposit to the special account estab- lished under subsection (b), to be available in accordance with that subsection. (b) SPECIAL ACCOUNT.—Amounts retained under subsection (a) that are not applied as pro- vided in paragraph (1) or (2) of that subsection shall be deposited into a special account. Amounts in the account shall be available under subsection (c) without regard to fiscal year limi- tation. Amounts in the account that the Sec- retary of the Navy determines are not needed for the purpose stated in subsection (c) shall be transferred at least annually to the General Fund of the Treasury. (c) COSTS OF PREPARATION OF OBSOLETE SERV- ICE CRAFT AND BOATS FOR FUTURE SALE OR EX- CHANGE.—The Secretary may use amounts in the account under subsection (b) for payment, in whole or in part, for the full costs of preparation of obsolete service craft and obsolete boats for future sale or exchange. (d) COSTS OF PREPARATION FOR SALE OR EX- CHANGE.—In this section, the term ‘‘full costs of preparation’’ means the full costs (direct and in- direct) incurred by the Navy in preparing an ob- solete service craft or an obsolete boat for ex- change or sale, including the cost of the fol- lowing: (1) Towing. (2) Storage. (3) Defueling. (4) Removal and disposal of hazardous wastes. (5) Environmental surveys to determine the presence of regulated materials containing polychlorinated biphenyl (PCB) and, if such materials are found, the removal and disposal of such materials. (6) Other costs related to such preparation. (e) OBSOLETE SERVICE CRAFT.—For purposes of this section, an obsolete service craft is a serv- ice craft that has been stricken from the Naval Vessel Register. (f) INAPPLICABILITY OF ADVERTISING REQUIRE- MENT.—Section 6101 of title 41 does not apply to sales of service craft and boats described in sub- section (a). (g) REGULATIONS.—The Secretary of the Navy shall prescribe regulations for the purposes of this section. (Added Pub. L. 108–375, div. A, title X, § 1012(a)(1), Oct. 28, 2004, 118 Stat. 2039, § 7312; amended Pub. L. 113–291, div. A, title X, § 1071(a)(12), Dec. 19, 2014, 128 Stat. 3505; renum- bered § 8682, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes PRIOR PROVISIONS A prior section 8682, act Aug. 10, 1956, ch. 1041, 70A Stat. 535, provided that in computing length of service, no commissioned officer of Air Force could be credited with service as a cadet at the Military Academy or the Air Force Academy, or as a midshipman at the Naval Academy, if he was appointed as a cadet or midshipman after Aug. 24, 1912, prior to repeal by Pub. L. 90–235, § 6(a)(2), Jan. 2, 1968, 81 Stat. 761. See section 971 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7312 of this title as this section. 2014—Subsec. (f). Pub. L. 113–291 substituted ‘‘Section 6101 of title 41’’ for ‘‘Section 3709 of the Revised Stat- utes (41 U.S.C. 5)’’. 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. 108–375, div. A, title X, § 1012(b), Oct. 28, 2004, 118 Stat. 2040, provided that: ‘‘Section 7312 of title 10, United States Code, as added by subsection (a), shall apply with respect to amounts received on or after the date of the enactment of this Act [Oct. 28, 2004] and to amounts received before the date of the enactment of this Act and not obligated as of that date.’’ Page 3339 TITLE 10—ARMED FORCES § 8684 § 8683. Ship overhaul work: availability of appro- priations for unusual cost overruns and for changes in scope of work (a) UNUSUAL COST OVERRUNS.—(1) Appropria- tions available to the Department of Defense for a fiscal year may be used for payment of un- usual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year. (2) The Secretary of Defense shall notify Con- gress promptly before an obligation is incurred for any payment under paragraph (1). (b) CHANGES IN SCOPE OF WORK.—An appropria- tion available to the Department of Defense for a fiscal year may be used after the otherwise-ap- plicable expiration of the availability for obliga- tion of that appropriation— (1) for payments to an industrial-fund activ- ity for amounts required because of changes in the scope of work for ship overhaul, mainte- nance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and (2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract en- tered into during the fiscal year for ship over- haul, maintenance, and repair. (c) TREATMENT OF AMOUNTS APPROPRIATED AFTER END OF PERIOD OF OBLIGATION.—In the ap- plication of section 1553(c) of title 31 to funds ap- propriated in the Operation and Maintenance, Navy account that are available for ship over- haul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such sec- tion to be ‘‘$10,000,000’’ rather than ‘‘$4,000,000’’. (Added Pub. L. 100–370, § 1(n)(1), July 19, 1988, 102 Stat. 850, § 7313; renumbered § 8683, 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 III, § 367, Jan. 1, 2021, 134 Stat. 3551.) HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8005(j), (k)], Dec. 19, 1985, 99 Stat. 1185, 1203. In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were termi- nated by section 602 of the Goldwater-Nichols Depart- ment of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting re- quirements applicable to the Department of Defense ex- cept for those requirements that were specifically ex- empted in that section. The source law sections are sec- tions 8009(c) and 8005(j) (proviso) of the FY86 defense ap- propriations Act (Public Law 99–190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authori- ties provided the Department of Defense by these two provisions of law, the committee believes that it is ap- propriate to reinstate the congressional notification re- quirements that go with those authorities. These sec- tions were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee’s belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notifica- tion provisions had in fact previously applied to the De- partment of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act. Editorial Notes PRIOR PROVISIONS A prior section 8683, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2, 1958, Pub. L. 85–861, § 1(156), 72 Stat. 1513; Aug. 25, 1959, Pub. L. 86–197, § 1(7), 73 Stat. 426, re- lated to service credit for certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department, prior to repeal by Pub. L. 99–145, title XIII, § 1301(d)(1)(A), Nov. 8, 1985, 99 Stat. 736. AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283 added subsec. (c). 2018—Pub. L. 115–232 renumbered section 7313 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. § 8684. Overhaul of naval vessels: competition be- tween public and private shipyards The Secretary of the Navy should ensure, in any case in which the Secretary awards a project for repair, alteration, overhaul, or con- version of a naval vessel following competition between public and private shipyards, that each of the following criteria is met: (1) The bid of any public shipyard for the award includes— (A) the full costs to the United States as- sociated with future retirement benefits of civilian employees of that shipyard con- sistent with computation methodology es- tablished by Office of Management and Budget Circular A–76; and (B) in a case in which equal access to the Navy supply system is not allowed to public and private shipyards, a pro rata share of the costs of the Navy supply system. (2) Costs applicable to oversight of the con- tract by the appropriate Navy supervisor of shipbuilding, conversion, and repair are added to the bid of any private shipyard for the pur- pose of comparability analysis. (3) The award is made using the results of the comparability analysis. (Added Pub. L. 100–456, div. A, title XII, § 1225(a)(1), Sept. 29, 1988, 102 Stat. 2054, § 7313; re- numbered § 7314, Pub. L. 101–189, div. A, title XVI, § 1622(a), Nov. 29, 1989, 103 Stat. 1604; renum- bered § 8684, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes PRIOR PROVISIONS A prior section 8684 was renumbered section 9252 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7314 of this title as this section. 1989—Pub. L. 101–189 renumbered section 7313 of this title as this section.