10 U.S.C. § 8681 — Repair or maintenance of naval vessels:

Page 3337 TITLE 10—ARMED FORCES § 8681 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. § 8681. Repair or maintenance of naval vessels: handling of hazardous waste (a) CONTRACTUAL PROVISIONS.—The Secretary of the Navy shall ensure that each contract en- tered into for work on a naval vessel (other than new construction) includes the following provi- sions: (1) IDENTIFICATION OF HAZARDOUS WASTES.—A provision in which the Navy identifies the types and amounts of hazardous wastes that are required to be removed by the contractor from the vessel, or that are expected to be generated, during the performance of work under the contract, with such identification by the Navy to be in a form sufficient to en- able the contractor to comply with Federal and State laws and regulations on the re- moval, handling, storage, transportation, or disposal of hazardous waste. (2) COMPENSATION.—A provision specifying that the contractor shall be compensated under the contract for work performed by the contractor for duties of the contractor speci- fied under paragraph (3). (3) STATEMENT OF WORK.—A provision speci- fying the responsibilities of the Navy and of the contractor, respectively, for the removal (including the handling, storage, transpor- tation, and disposal) of hazardous wastes. (4) ACCOUNTABILITY FOR HAZARDOUS WASTES.—(A) A provision specifying the fol- lowing: (i) In any case in which the Navy is the sole generator of hazardous waste that is re- moved, handled, stored, transported, or dis- posed of by the contractor in the perform- ance of the contract, all contracts, mani- fests, invoices, and other documents related to the removal, handling, storage, transpor- tation, or disposal of such hazardous waste shall bear a generator identification number issued to the Navy pursuant to applicable law. (ii) In any case in which the contractor is the sole generator of hazardous waste that is removed, handled, stored, transported, or disposed of by the contractor in the perform- ance of the contract, all contracts, mani- fests, invoices, and other documents related to the removal, handling, storage, transpor- tation, or disposal of such hazardous waste shall bear a generator identification number issued to the contractor pursuant to applica- ble law. (iii) In any case in which both the Navy and the contractor are generators of haz- ardous waste that is removed, handled, stored, transported, or disposed of by the contractor in the performance of the con- tract, all contracts, manifests, invoices, and other documents related to the removal, handling, storage, transportation, or dis- posal of such hazardous waste shall bear both a generator identification number issued to the Navy and a generator identi- fication number issued to the contractor pursuant to applicable law. (B) A determination under this paragraph of whether the Navy is a generator, a contractor is a generator, or both the Navy and a con- tractor are generators, shall be made in the same manner provided under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) and regulations promulgated under that subtitle. (b) RENEGOTIATION OF CONTRACT.—The Sec- retary of the Navy shall renegotiate a contract described in subsection (a) if— (1) the contractor, during the performance of work under the contract, discovers hazardous wastes different in type or amount from those identified in the contract; and (2) those hazardous wastes originated on, or resulted from material furnished by the Gov- ernment for, the naval vessel on which the work is being performed. (c) REMOVAL OF WASTES.—The Secretary of the Navy shall remove known hazardous wastes from a vessel before the vessel’s arrival at a con- tractor’s facility for performance of a contract, to the extent such removal is feasible. (d) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT.—Nothing in this section shall be construed as altering or otherwise affecting those provi- sions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that relate to generators of haz- ardous waste. For purposes of this section, any term used in this section for which a definition is provided by the Solid Waste Disposal Act (or regulations promulgated pursuant to such Act) has the meaning provided by that Act or regula- tions. (Added Pub. L. 99–661, div. A, title XII, § 1202(a), Nov. 14, 1986, 100 Stat. 3967, § 7311; amended Pub. L. 101–189, div. A, title XVI, § 1611(a), Nov. 29, 1989, 103 Stat. 1599; renumbered § 8681, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsecs. (a)(4)(B) and (d), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. Subtitle C of the Solid Waste Disposal Act is classified generally to sub- chapter III (§ 6921 et seq.) of chapter 82 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. PRIOR PROVISIONS A prior section 8681 was renumbered section 9251 of this title. Another prior section 8681, act Aug. 10, 1956, ch. 1041, 70A Stat. 534, prescribed service to be listed in official 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.’’