10 U.S.C. § 8671 — Determination of vessel delivery dates

Page 3327 TITLE 10—ARMED FORCES § 8671 ‘‘(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. ‘‘(3) The readiness of the shipyard facilities and work- force to begin construction. ‘‘(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. ‘‘(5) The Navy’s estimated delivery date and descrip- tion of any variance to the contract delivery date. ‘‘(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.’’ Subsec. (c)(1). Pub. L. 118–159, § 1024(3)(A)(i), inserted ‘‘, and when used with respect to manned surface and undersea combatants, means design through the com- pletion of three-dimensional computer aided modeling’’ after ‘‘computer aided models’’ in introductory provi- sions. Subsec. (c)(1)(A). Pub. L. 118–159, § 1024(3)(A)(ii), sub- stituted ‘‘supports’’ for ‘‘fixes’’. Subsec. (c)(1)(C). Pub. L. 118–159, § 1024(3)(A)(iii), sub- stituted ‘‘positions and routes all major distributive systems of the ship’’ for ‘‘routes major portions of all distributive systems of the vessel’’. Subsec. (c)(5). Pub. L. 118–159, § 1024(3)(B), struck out par. (5) which defined ‘‘start of construction’’. § 8670. Contracts for nuclear ships: sales of naval shipyard articles and services to private shipyards The conditions set forth in section 2208(j)(1)(B) of this title and subsections (a)(1) and (c)(1)(A) of section 2563 of this title shall not apply to a sale by a naval shipyard of articles or services to a private shipyard that is made at the request of the private shipyard in order to facilitate the private shipyard’s fulfillment of a Department of Defense contract with respect to a nuclear ship. This section does not authorize a naval shipyard to construct a nuclear ship for the pri- vate shipyard, to perform a majority of the work called for in a contract with a private enti- ty, or to provide articles or services not re- quested by the private shipyard. (Added Pub. L. 106–65, div. A, title X, § 1016(a), Oct. 5, 1999, 113 Stat. 744, § 7300; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1033(c)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–261; renumbered § 8670, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7300 of this title as this section. 2000—Pub. L. 106–398 substituted ‘‘section 2563’’ for ‘‘section 2553’’. 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. § 8671. Determination of vessel delivery dates (a) IN GENERAL.—The delivery of a covered vessel shall be deemed to occur on the date on which— (1) the Secretary of the Navy determines that the vessel is assembled and complete; and (2) custody of the vessel and all systems con- tained in the vessel transfers to the Navy. (b) INCLUSION IN BUDGET AND ACQUISITION RE- PORTS.—The delivery dates of covered vessels shall be included— (1) in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105(a) of title 31, United States Code); and (2) in any relevant Selected Acquisition Re- port submitted to Congress under section 4351 of this title. (c) LISTING AS BATTLE FORCE SHIP IN NAVAL VESSEL REGISTER.—A covered vessel may not be listed in the Naval Vessel Register or other fleet inventory measures as a battle force ship until the delivery date specified in subsection (a). (d) DEFINITIONS.—In this section: (1) The term ‘‘covered vessel’’ means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy. (2) 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. (Added Pub. L. 114–328, div. A, title I, § 121(a)(1), Dec. 23, 2016, 130 Stat. 2029, § 7301; renumbered § 8671 and amended Pub. L. 115–232, div. A, title VIII, § 807(d)(2), title X, § 1014, Aug. 13, 2018, 132 Stat. 1836, 1948; Pub. L. 116–283, div. A, title XVIII, § 1849(f), formerly § 1849(m), Jan. 1, 2021, 134 Stat. 4264, renumbered § 1849(f) and amended Pub. L. 117–81, div. A, title XVII, § 1701(o)(5)(B), (6)(D), Dec. 27, 2021, 135 Stat. 2147.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(2). Pub. L. 116–283, § 1849(f), formerly § 1849(m), as renumbered and amended by Pub. L. 117–81, § 1701(o)(5)(B), (6)(D), substituted ‘‘section 4351’’ for ‘‘section 2432’’. 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7301 of this title as this section. Subsec. (c). Pub. L. 115–232, § 1014(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 115–232, § 1014(b), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘In this section, the term ‘covered vessel’ means any vessel of the Navy that is under con- struction on or after the date of the enactment of this section using amounts authorized to be appropriated for the Department of Defense for shipbuilding and con- version, Navy.’’ Pub. L. 115–232, § 1014(a)(1), redesignated subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Page 3328 TITLE 10—ARMED FORCES § 8673 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 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. CERTIFICATION Pub. L. 114–328, div. A, title I, § 121(b), Dec. 23, 2016, 130 Stat. 2030, provided that: ‘‘(1) IN GENERAL.—Not later than January 1, 2017, the Secretary of the Navy shall certify to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] that the delivery dates of the following vessels have been adjusted in accordance with section 7301 [now 8671] of title 10, United States Code, as added by subsection (a): ‘‘(A) The U.S.S. John F. Kennedy (CVN–79). ‘‘(B) The U.S.S. Zumwalt (DDG–1000). ‘‘(C) The U.S.S. Michael Monsoor (DDG–1001). ‘‘(D) The U.S.S. Lyndon B. Johnson (DDG–1002). ‘‘(E) Any other vessel of the Navy that is under con- struction on the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(2) CONTENTS.—The certification under paragraph (1) shall include— ‘‘(A) an identification of each vessel for which the delivery date was adjusted; and ‘‘(B) the delivery date of each such vessel, as so ad- justed.’’ § 8673. Model Basin; investigation of hull designs The Secretary of the Navy may authorize ex- periments to be made at the Model Basin for pri- vate persons. The costs of experiments made for private persons shall be paid by those persons under regulations prescribed by the Secretary. The results of private experiments are confiden- tial and may not be divulged without the con- sent of the persons for whom they are made. However, the data obtained from such experi- ments may be used by the Secretary for govern- mental purposes, subject to the patent laws of the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 451, § 7303; Pub. L. 89–718, § 41, Nov. 2, 1966, 80 Stat. 1120; renum- bered § 8673 and amended Pub. L. 115–232, div. A, title VIII, § 807(d)(2), title X, § 1015(a), Aug. 13, 2018, 132 Stat. 1836, 1949.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7303 ......... 5 U.S.C. 430a. May 6, 1936, ch. 333, 49 Stat. 1263; June 20, 1940, ch. 400, § 1(a), (b), 54 Stat. 492. In subsection (a) the authority to purchase a site and construct the model basin is omitted as executed. The words ‘‘David W. Taylor Model Basin, Carderock, Mary- land’’ are inserted to designate the model basin estab- lished under this authority. The words ‘‘investigations to determine’’ are substituted for the words ‘‘work of investigating and determining.’’ The phrase ‘‘vessels, including aircraft’’ is changed to read ‘‘vessels and air- craft’’, and the words ‘‘their design’’ are substituted for ‘‘ship design’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7303 of this title as this section. Pub. L. 115–232, § 1015(a), struck out subsec. (b) des- ignation before ‘‘The Secretary’’ and struck out subsec. (a) which read as follows: ‘‘An office or agency in the Department of the Navy designated by the Secretary of the Navy shall conduct at the David W. Taylor Model Basin, Carderock, Maryland, investigations to deter- mine the most suitable shapes and forms for United States vessels and aircraft and investigations of other problems of their design.’’ 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘An offi- cer or agency of the Department of the Navy des- ignated by the Secretary of the Navy’’ for ‘‘The Bureau of Ships’’. 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. § 8674. Examination of vessels; striking of vessels from Naval Vessel Register (a) BOARDS OF OFFICERS TO EXAMINE NAVAL VESSELS.—(1) The Secretary of the Navy shall designate boards of naval officers to examine naval vessels, including unfinished vessels, for the purpose of making a recommendation to the Secretary as to which vessels, if any, should be stricken from the Naval Vessel Register. Each vessel shall be examined at least once every three years if practicable. (2)(A) Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the ves- sel. (B) Subparagraph (A) shall not apply to a ves- sel undergoing necessary trials before accept- ance into the fleet. (b) ACTIONS BY BOARD.—A board designated under subsection (a) shall submit to the Sec- retary in writing its recommendations as to which vessels, if any, among those it examined should be stricken from the Naval Vessel Reg- ister. (c) ACTION BY SECRETARY.—If the Secretary concurs with a recommendation by a board that a vessel should be stricken from the Naval Ves- sel Register, the Secretary shall strike the name of that vessel from the Naval Vessel Register. (d) ANNUAL REPORT.—(1) Not later than March 1 each year, the board designated under sub- section (a) shall provide to the congressional de- fense committees a briefing and submit to such committees a report regarding the following: (A) An overall narrative summary of the ma- terial readiness of Navy ships as compared to established material requirements standards. (B) The overall number and types of vessels inspected during the preceding fiscal year. (C) For in-service vessels, material readiness trends by inspected functional area as com- pared to the previous five years. (2) Each report under this subsection shall be submitted in—