10 U.S.C. § 8696 — Navy shipbuilding workforce development

Page 3346 TITLE 10—ARMED FORCES § 8696 (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships re- quired in each of the categories described in paragraph (2); (iii) the classes of battle force ships in- cluded in each of the categories described in paragraph (2); and (iv) the number of battle force ships re- quired in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) DEFINITIONS.—In this section: (1) The term ‘‘battle force ship’’ means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that con- tributes directly to Navy warfighting or sup- port missions. (2) The term ‘‘covered event’’ means a sig- nificant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employ- ment cycles, crewing constructs, or oper- ational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements. (e) RESPONSIBILITIES OF COMMANDANT OF MA- RINE CORPS.—In preparing each assessment and requirement under subsection (a), the Com- mandant of the Marine Corps shall be specifi- cally responsible for developing the require- ments relating to amphibious warfare ships and for naval vessels with the primary mission of transporting Marines. (Added Pub. L. 117–81, div. A, title X, § 1017(a), Dec. 27, 2021, 135 Stat. 1896; amended Pub. L. 117–263, div. A, title X, § 1025, Dec. 23, 2022, 136 Stat. 2764; Pub. L. 118–31, div. A, title X, § 1019, Dec. 22, 2023, 137 Stat. 384.) Editorial Notes AMENDMENTS 2023—Subsec. (e). Pub. L. 118–31 substituted ‘‘Respon- sibilities of Commandant of Marine Corps’’ for ‘‘Am- phibious Warfare Ships’’ in heading and inserted ‘‘and for naval vessels with the primary mission of trans- porting Marines’’ before period at end. 2022—Subsec. (e). Pub. L. 117–263 added subsec. (e). Statutory Notes and Related Subsidiaries BASELINE ASSESSMENT AND REQUIREMENT REQUIRED Pub. L. 117–81, div. A, title X, § 1017(c), Dec. 27, 2021, 135 Stat. 1897, provided that: ‘‘The date of the enact- ment of this Act [Dec. 27, 2021] is deemed to be a cov- ered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States Code, as added by subsection (a) [enacting this section].’’ § 8696. Navy shipbuilding workforce development special incentive (a) REQUIREMENT.— (1) IN GENERAL.—The Secretary of the Navy shall include in any solicitation for a covered contract a special incentive for workforce de- velopment that funds one or more workforce development activities described in subsection (c). (2) AMOUNT OF SPECIAL INCENTIVE.—The amount of a special incentive required under subsection (a)(1) shall be equal to not less than one quarter of one percent and not more than one percent of the estimated cost of the cov- ered contract. (3) WAIVER.— (A) IN GENERAL.—The Secretary of the Navy may waive one or more of the require- ments of this section if the Secretary deter- mines— (i) unreasonable cost or delay would be incurred by complying with such require- ments; (ii) existing workforce development ini- tiatives are sufficient to meet workforce needs; (iii) there are minimal workforce devel- opment issues to be addressed; or (iv) it is not in the national security in- terests of the United States to comply with such requirements. (B) NOTICE TO CONGRESS.—Not less than 30 days prior to issuing a waiver under subpara- graph (A), the Secretary of the Navy shall submit to the congressional defense commit- tees written notice of the intent of the Sec- retary to issue such a waiver. Such notice shall specify the basis for such waiver and include a detailed explanation of the reasons for issuing the waiver. (b) MATCHING CONTRIBUTION REQUIREMENT.— (1) IN GENERAL.—Funds for a special incen- tive for workforce development required under subsection (a)(1) may be expended only— (A) on or after the date on which the serv- ice acquisition executive of the Navy re- ceives a written commitment from one or more entities described in paragraph (2) of separate and distinct cumulative monetary contributions to be made on or after the date of such commitment for workforce de- velopment; and (B) in an amount that is equal to the ag- gregate amount of all monetary contribu- tions from entities that made commitments under subparagraph (A) not to exceed the Page 3347 TITLE 10—ARMED FORCES § 8697 amount of funding made available for the special incentive under subsection (a)(2). (2) ENTITIES DESCRIBED.—The entities de- scribed in this paragraph are the following: (A) The prime contractor that was award- ed a covered contract. (B) A qualified subcontractor. (C) A State government or other State en- tity. (D) A county government or other county entity. (E) A local government or other local enti- ty. (F) An industry association, organization, or consortium that directly supports work- force development. (3) SPECIAL RULE.—In a case in which the ag- gregate amount of all monetary contributions from entities that made commitments under paragraph (1)(A) is less than the minimum amount specified for the special incentive under subsection (a)(2), funds for the special incentive may be expended in an amount equal to such lesser amount. (c) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Funds for a special incen- tive for workforce development required under subsection (a)(1) may be obligated or expended only to provide for the activities described in paragraph (2) in support of the production and production support workforce of the prime contractor concerned or a qualified subcon- tractor concerned. (2) ACTIVITIES DESCRIBED.—The activities de- scribed in this paragraph are the following: (A) The creation of short- and long-term workforce housing, transportation, and other support services to facilitate attrac- tion, relocation, and retention of workers. (B) The expansion of local talent pipeline programs for both new and existing workers. (C) Investments in long-term outreach in middle school and high school programs, specifically career and technical education programs, to promote and develop manufac- turing skills. (D) The development or modification of fa- cilities for the primary purpose of workforce development. (E) Payment of direct costs attributable to workforce development. (F) Attraction and retention bonus pro- grams. (G) On-the-job training to develop key manufacturing skills. (d) APPROVAL REQUIREMENT.—The service ac- quisition executive of the Navy shall— (1) provide the final approval of the use of funds for a special incentive for workforce de- velopment required under subsection (a)(1); and (2) not later than 30 days after the date on which such approval is provided, certify to the congressional defense committees compliance with the requirements of subsections (b) and (c), including— (A) a detailed explanation of such compli- ance; and (B) the associated benefits to— (i) the Federal Government; and (ii) the shipbuilding industrial base of the Navy. (e) DEFINITIONS.—In this section: (1) The term ‘‘covered contract’’ means a prime contract for the construction of a naval vessel funded using amounts appropriated or otherwise made available for Shipbuilding and Conversion, Navy. (2) The term ‘‘qualified subcontractor’’ means a subcontractor that will deliver the vessel or vessels awarded under a covered con- tract to the Navy. (Added Pub. L. 117–263, div. A, title I, § 122(a), Dec. 23, 2022, 136 Stat. 2441.) Editorial Notes CODIFICATION Another section 8696 was renumbered section 8697 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–263, div. A, title I, § 122(c), Dec. 23, 2022, 136 Stat. 2443, provided that: ‘‘Section 8696 of title 10, United States Code, as added by subsection (a), shall apply with respect to— ‘‘(1) a solicitation for a covered contract (as defined in subsection (e) of that section) made on or after June 1, 2023; and ‘‘(2) a solicitation or award of a covered contract, if otherwise determined appropriate by the Secretary of the Navy.’’ § 8697. Battle force ship employment, mainte- nance, and manning baseline plans (a) IN GENERAL.—Not later than 45 days after the date of the delivery of the first ship in a new class of battle force ships, the Secretary of the Navy shall submit to the congressional defense committees a report on the employment, main- tenance, and manning baseline plans for the class, including a description of the following: (1) The sustainment and maintenance plans for the class that encompass the number of years the class is expected to be in service, in- cluding— (A) the allocation of maintenance tasks among organizational, intermediate, depot, or other activities; (B) the planned duration and interval of maintenance for all depot-level maintenance availabilities; and (C) the planned duration and interval of drydock maintenance periods. (2) Any contractually required integrated lo- gistics support deliverables for the ship, in- cluding technical manuals, and an identifica- tion of— (A) the deliverables provided to the Gov- ernment on or before the delivery date; and (B) the deliverables not provided to the Government on or before the delivery date and the expected dates those deliverables will be provided to the Government. (3) The planned maintenance system for the ship, including— (A) the elements of the system, including maintenance requirement cards, completed on or before the delivery date;