10 U.S.C. § 8689 — Requirements for availability of funds re-

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. Page 3343 TITLE 10—ARMED FORCES § 8691 (c) LOW-ENRICHED URANIUM ACTIVITIES DE- FINED.—In this section, the term ‘‘low-enriched uranium activities’’ means the following: (1) Planning or carrying out research and de- velopment of an advanced naval nuclear fuel system based on low-enriched uranium. (2) Procuring ships that use low-enriched uranium in naval nuclear propulsion reactors. (Added Pub. L. 115–91, div. C, title XXXI, § 3115(b)(1), Dec. 12, 2017, 131 Stat. 1886, § 7319; re- numbered § 8689, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes PRIOR PROVISIONS A prior section 8689, acts Aug. 10, 1956, ch. 1041, 70A Stat. 537; Sept. 26, 1961, Pub. L. 87–304, § 9(d), 75 Stat. 665, related to assignments and allotments of pay, prior to repeal by Pub. L. 87–649, § 14c(57), Sept. 7, 1962, 76 Stat. 502, effective Nov. 1, 1962. See section 701 of Title 37, Pay and Allowances of the Uniformed Services. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7319 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. § 8690. Limitation on length of overseas forward deployment of naval vessels (a) LIMITATION.—The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a pe- riod in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States. (b) VESSELS SPECIFIED.—A naval vessel speci- fied in this subsection is any of the following: (1) Aircraft carrier. (2) Amphibious ship. (3) Cruiser. (4) Destroyer. (5) Frigate. (6) Littoral Combat Ship. (c) WAIVER.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary sub- mits to the congressional defense committees notice in writing of— (1) the waiver of such limitation with re- spect to the vessel; (2) the date on which the period of overseas forward deployment of the vessel is expected to end; and (3) the factors used by the Secretary to de- termine that a longer period of deployment would promote the national defense or be in the public interest. (Added § 7320 and renumbered § 8690, Pub. L. 115–232, div. A, title III, § 323(a)(1), title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1719, 1836.) Editorial Notes PRIOR PROVISIONS A prior section 8690, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, exempted enlisted members of Air Force, while on active duty, from arrest for any debt, unless it was contracted before enlistment and amounted to at least $20 when first contracted, prior to repeal by Pub. L. 90–235, § 7(b)(1), Jan. 2, 1968, 81 Stat. 763. AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7320 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 807(d)(2) of Pub. L. 115–232 ef- fective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesigna- tions, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. TREATMENT OF CURRENTLY DEPLOYED VESSELS; EXTENSION OF LIMITATION FOR U.S.S. SHILOH Pub. L. 115–232, div. A, title III, § 323(b), (c), Aug. 13, 2018, 132 Stat. 1720, as amended by Pub. L. 116–92, div. A, title III, § 353(2), Dec. 20, 2019, 133 Stat. 1321; Pub. L. 116–283, div. A, title III, § 344, Jan. 1, 2021, 134 Stat. 3538, provided that: ‘‘(b) TREATMENT OF CURRENTLY DEPLOYED VESSELS.— In the case of any aircraft carrier, amphibious ship, cruiser, destroyer, frigate, or littoral combat ship that has been forward deployed overseas for a period in ex- cess of ten years as of the date of the enactment of this Act [Aug. 13, 2018], the Secretary of the Navy shall en- sure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act. ‘‘(c) EXTENSION OF LIMITATION ON LENGTH OF OVER- SEAS FORWARD DEPLOYMENT FOR U.S.S. SHILOH (CG–67).—Notwithstanding subsection (b), the Sec- retary of the Navy shall ensure that the U.S.S. Shiloh (CG–67) is assigned a homeport in the United States by not later than September 30, 2023.’’ § 8691. Nuclear-powered aircraft carriers: dis- mantlement and disposal (a) IN GENERAL.—Not less than 90 days before the award of a contract for the dismantlement and disposal of a nuclear-powered aircraft car- rier, or the provision of funds to a naval ship- yard for the dismantlement and disposal of a nu- clear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional de- fense committees a report setting forth the fol- lowing: (1) A cost and schedule baseline for the dis- mantlement and disposal approved by the service acquisition executive of the Depart- ment of the Navy and the Chief of Naval Oper- ations. (2) A description of the regulatory frame- work applicable to the management of radio- active materials in connection with the dis- mantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory en- forcement authority— (A) a certification from that entity of its agreement to serve as the regulatory en- forcement authority; and (B) a description of the legal basis for the authority of that entity to serve as the regu- latory enforcement authority.