10 U.S.C. § 8697 — Battle force ship employment, mainte-

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; Page 3348 TITLE 10—ARMED FORCES § 8697 (B) the elements of the system not com- pleted on or before the delivery date and the expected completion date of those elements; and (C) the plans to complete planned mainte- nance from the delivery date until all ele- ments of the system have been completed. (4) The coordinated shipboard allowance list for the class, including— (A) the items on the list onboard on or be- fore the delivery date; and (B) the items on the list not onboard on or before the delivery date and the expected ar- rival date of those items. (5) The ship manpower document for the class, including— (A) the number of officers by grade and designator; and (B) the number of enlisted personnel by rate and rating. (6) The personnel billets authorized for the ship for the fiscal year in which the ship is de- livered and each of the four fiscal years there- after, including— (A) the number of officers by grade and designator; and (B) the number of enlisted personnel by rate and rating. (7) Programmed funding for manning and end strength on the ship for the fiscal year in which the ship is delivered and each of the four fiscal years thereafter, including— (A) the number of officers by grade and designator; and (B) the number of enlisted personnel by rate and rating. (8) Personnel assigned to the ship on the de- livery date, including— (A) the number of officers by grade and designator; and (B) the number of enlisted personnel by rate and rating. (9) For each critical hull, mechanical, elec- trical, propulsion, and combat system of the class as so designated by the Senior Technical Authority pursuant to section 8669b(c)(2)(C) of this title, the following: (A) The Government-provided training available for personnel assigned to the ship at the time of delivery, including the nature, objectives, duration, and location of the training. (B) The contractor-provided training avail- able for personnel assigned to the ship at the time of delivery, including the nature, objec- tives, duration, and location of the training. (C) Plans to adjust how the training de- scribed in subparagraphs (A) and (B) will be provided to personnel after delivery, includ- ing the nature and timeline of those adjust- ments. (10) The notional employment schedule of the ship for each month of the fiscal year in which the ship is delivered and each of the four fiscal years thereafter, including an iden- tification of time spent in the following phases: (A) Basic. (B) Integrated or advanced. (C) Deployment. (D) Maintenance. (E) Sustainment. (b) NOTIFICATION REQUIRED.—Not less than 30 days before implementing a significant change to the baseline plans described in subsection (a) or any subsequent significant change, the Sec- retary of the Navy shall submit to the congres- sional defense committees written notification of the change, including for each such change the following: (1) An explanation of the change. (2) The desired outcome. (3) The rationale. (4) The duration. (5) The operational effects. (6) The budgetary effects, including— (A) for the year in which the change is made; (B) over the five years thereafter; and (C) over the expected service life of the rel- evant class of battle force ships. (7) The personnel effects, including— (A) for the year in which the change is made; (B) over the five years thereafter; and (C) over the expected service life of the rel- evant class of battle force ships. (8) The sustainment and maintenance ef- fects, including— (A) for the year in which the change is made; (B) over the five years thereafter; and (C) over the expected service life of the rel- evant class of battle force ships. (c) TREATMENT OF CERTAIN SHIPS.—(1) For the purposes of this section, the Secretary of the Navy shall treat as the first ship in a new class of battle force ships the following: (A) U.S.S. John F. Kennedy (CVN–79). (B) U.S.S. Michael Monsoor (DDG–1001). (C) U.S.S. Jack H. Lucas (DDG–125). (2) For each ship described in paragraph (1), the Senior Technical Authority shall identify critical systems for the purposes of subsection (a)(9). (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 ‘‘delivery’’ has the meaning provided for in section 8671 of this title. (3) The term ‘‘Senior Technical Authority’’ has the meaning provided for in section 8669b of this title. (Added Pub. L. 117–263, div. A, title X, § 1026(a), Dec. 23, 2022, 136 Stat. 2765, § 8696; renumbered § 8697, Pub. L. 118–31, div. A, title XVIII, § 1801(a)(39), Dec. 22, 2023, 137 Stat. 685.) Page 3349 TITLE 10—ARMED FORCES § 8702 Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 renumbered section 8696 of this title relating to battle force ship employment, mainte- nance, and manning baseline plans as this section. CHAPTER 865—SALVAGE FACILITIES Sec. 8701. Authority to provide for necessary salvage fa- cilities. 8702. Acquisition and transfer of vessels and equip- ment. 8703. Settlement of claims. 8704. Disposition of receipts. Editorial Notes PRIOR PROVISIONS A prior chapter 865, formerly consisting of sections 8881 to 8889, related to retirement from the Air Force for age, prior to repeal by Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390, and Pub. L. 96–513, title II, § 216, Dec. 12, 1980, 94 Stat. 2886. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 637 of this title as this chapter and items 7361 to 7364 as 8701 to 8704, respectively. 1996—Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, amended analysis generally, adding items 7361 to 7364 and striking out former items 7361 ‘‘Naval salvage facilities: contracts for commercial fa- cilities’’, 7362 ‘‘Commercial use of naval facilities’’, 7363 ‘‘Transfer of equipment: contract provisions’’, 7365 ‘‘Settlement of claims’’, and 7367 ‘‘Disposition of re- ceipts’’. 1994—Pub. L. 103–355, title II, § 2001(j)(3)(B), Oct. 13, 1994, 108 Stat. 3303, struck out item 7364 ‘‘Advancement of funds for salvage operations’’. 1993—Pub. L. 103–160, div. A, title VIII, § 828(a)(8), Nov. 30, 1993, 107 Stat. 1713, struck out item 7366 ‘‘Limitation on appropriations’’. § 8701. Authority to provide for necessary sal- vage facilities (a) AUTHORITY.—The Secretary of the Navy may provide, by contract or otherwise, nec- essary salvage facilities for public and private vessels. (b) COORDINATION WITH SECRETARY OF HOME- LAND SECURITY.—The Secretary shall submit to the Secretary of Homeland Security for com- ment each proposed contract for salvage facili- ties that affects the interests of the Department of Homeland Security. (c) LIMITATION.—The Secretary of the Navy may enter into a term contract under subsection (a) only if the Secretary determines that avail- able commercial salvage facilities are inad- equate to meet the requirements of national de- fense. (d) PUBLIC NOTICE.—The Secretary may not enter into a contract under subsection (a) until the Secretary has provided public notice of the intent to enter into such a contract. (e) SALVAGE FACILITIES DEFINED.—In this sec- tion, the term ‘‘salvage facilities’’ includes equipment and gear utilized to prevent, abate, or minimize damage to the environment. (Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7361; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (6), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title III, § 315(a), Nov. 24, 2003, 117 Stat. 1431; renumbered § 8701, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7361 of this title as this section. 2003—Subsec. (e). Pub. L. 108–136 added subsec. (e). 2002—Subsec. (b). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ in head- ing and in two places in text. 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 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 8702. Acquisition and transfer of vessels and equipment (a) AUTHORITY.—The Secretary of the Navy may acquire or transfer for operation by private salvage companies such vessels and equipment as the Secretary considers necessary. (b) AGREEMENT ON USE.—Before any salvage vessel or salvage gear is transferred by the Sec- retary to a private party, the private party must agree in writing with the Secretary that the ves- sel or gear will be used to support organized off- shore salvage facilities for a period of as many years as the Secretary considers appropriate. (c) REFERENCE TO AUTHORITY TO ADVANCE FUNDS FOR IMMEDIATE SALVAGE OPERATIONS.— For authority for the Secretary of the Navy to advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage oper- ations, see section 3808(b) of this title. (Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7362; renumbered § 8702, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 116–283, div. A, title XVIII, § 1834(i)(5), as added Pub. L. 117–81, div. A, title XVII, § 1701(n)(2), Dec. 27, 2021, 135 Stat. 2145; Pub. L. 116–283, div. A, title XVIII, § 1876(c), Jan. 1, 2021, 134 Stat. 4291; Pub. L. 117–81, div. A, title XVII, § 1701(n)(3), Dec. 27, 2021, 135 Stat. 2146.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283, § 1876(c), which di- rected striking the first two words of the subsec. head- ing, striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title, and sub- stituting ‘‘this subsection’’ for ‘‘this paragraph’’ in the second sentence thereof, was repealed by Pub. L. 117–81, § 1701(n)(3), effective as if included in title XVIII of Pub. L. 116–283. Pub. L. 116–283, § 1834(i)(5), as added by Pub. L. 117–81, § 1701(n)(2), which directed substitution of ‘‘section