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119th Congress

Title 10 — Armed Forces

Part V · Chapter 277 — Contract Financing

§ 3808. Certain Navy contracts

Statutory text

(a)

Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—

The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than—

(1)

95 percent, in the case of a firm considered to be a small business; and

(2)

90 percent, in the case of any other firm.

(b)

Authority to Advance Funds for Immediate Salvage Operations.—

The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States.

(c)

Security for Construction and Conversion of Naval Vessels.—

The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1834(a) · 134 Stat. 3388

    Enacted · 10 U.S.C. § 3808

    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1834(a), (i)(1)–(4), as added and amended Pub. L. 117–81, div. A, title XVII, § 1701(n)(1)(B), (2), Dec. 27, 2021, 135 Stat. 2145.)

    Source evidence

    Code source credit
    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1834(a), (i)(1)–(4), as added and amended Pub. L. 117–81, div. A, title XVII, § 1701(n)(1)(B), (2), Dec. 27, 2021, 135 Stat. 2145.)

    Enacted provision · exact public law section
    (a) New Chapter.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), 10 USC prec. 3801. is amended by striking chapter 277 and inserting the following: “CHAPTER 277— CONTRACT FINANCING “Sec. “3801. Authority of agency. “3802. Payment. “3803. Security for advance payments. “3804. Conditions for progress payments. “3805. Payments for commercial products and commercial services. “3806. Action in case of fraud. “3807. Vesting of title in the United States. “§ 3801. Authority of agency “§ 3802. Payment “§ 3803. Security for advance payments “§ 3804. Conditions for progress payments “§ 3805. Payments for commercial products and commercial services “§ 3806. Action in case of fraud “§ 3807. Vesting of title in the United States” .

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1834(i)(1) · 134 Stat. 3388

    1. Added · 10 U.S.C. § 3808

      Pub. L. 116–283, § 1834(i)(1), as added by Pub. L. 117–81, § 1701(n)(2), transferred subsec. (g) of section 2307 of this title to this section

    2. Struck · 10 U.S.C. § 3808

      Pub. L. 116–283, § 1834(i)(1), as struck out subsec. (g) designation and heading “Certain Navy Contracts” at beginning

    3. Redesignated · 10 U.S.C. § 3808

      Pub. L. 116–283, § 1834(i)(1), as redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1834(i)(1), as added by Pub. L. 117–81, § 1701(n)(2), transferred subsec. (g) of section 2307 of this title to this section, struck out subsec. (g) designation and heading “Certain Navy Contracts” at beginning, and redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively.

    Enacted provision · exact public law section
    (i) by inserting “Subcontractors.—” before “For a prime”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1834(i)(2) · 134 Stat. 3388

    1. Added · 10 U.S.C. § 3808(a)

      Pub. L. 116–283, § 1834(i)(2), as added by Pub. L. 117–81, § 1701(n)(2)

    2. Inserted · 10 U.S.C. § 3808(a)

      Pub. L. 116–283, § 1834(i)(2), as inserted heading

    3. Redesignated · 10 U.S.C. § 3808(a)

      Pub. L. 116–283, § 1834(i)(2), as redesignated subpars. (A) and (B) as pars. (1) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1834(i)(2), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

    Enacted provision · exact public law section
    (i) by inserting “Subcontractors.—” before “For a prime”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1834(i)(3) · 134 Stat. 3388

    1. Added · 10 U.S.C. § 3808(b)

      Pub. L. 116–283, § 1834(i)(3), as added by Pub. L. 117–81, § 1701(n)(2)

    2. Inserted · 10 U.S.C. § 3808(b)

      Pub. L. 116–283, § 1834(i)(3), as inserted heading

    3. Substituted · 10 U.S.C. § 3808(b)

      Pub. L. 116–283, § 1834(i)(3), as substituted “this subsection” for “this paragraph” in second sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1834(i)(3), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading and substituted “this subsection” for “this paragraph” in second sentence.

    Enacted provision · exact public law section
    (i) by inserting “Subcontractors.—” before “For a prime”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1834(i)(4) · 134 Stat. 3388

    1. Added · 10 U.S.C. § 3808(c)

      Pub. L. 116–283, § 1834(i)(4), as added by Pub. L. 117–81, § 1701(n)(2)

    2. Inserted · 10 U.S.C. § 3808(c)

      Pub. L. 116–283, § 1834(i)(4), as inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1834(i)(4), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading.

    Enacted provision · exact public law section
    (i) by inserting “Subcontractors.—” before “For a prime”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Codification

The text of subsec. (g) of section 2307 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1834(i)(1)–(4), as added by Pub. L. 117–81, § 1701(n)(2), was based on Pub. L. 103–355, title II, § 2001(g), , 108 Stat. 3302.

Prior Provisions

Prior sections 3811 to 3813 were repealed by Pub. L. 90–235, § 3(a)(2), (b)(1), , 81 Stat. 757, 758.

Section 3811, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for discharge of enlisted members of Army and limitations thereon, and for issuance of discharge certificates. See section 1169 of this title.

Section 3812, act Aug. 1956, ch. 1041, 70A Stat. 220, provided for the discharge of members of the Army enlisted during war or emergency. See section 1172 of this title.

Section 3813, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for dependency discharges for enlisted members of the Army.

A prior section 3814, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, authorized Secretary of the Army to discharge a regular commissioned officer who has less than three years of continuous service as a commissioned officer therein, provided that such officer not be dismissed because of his marriage, unless marriage occurred within one year after date of his original appointment, prior to repeal by Pub. L. 96–513, title II, § 214, title VII, § 701, , 94 Stat. 2885, 2955, effective . See section 630 of this title.

A prior section 3814a, added Pub. L. 93–558, § 1, , 88 Stat. 1793, related to discharge, during a reduction in force, of regular commissioned officers, second lieutenants, first lieutenants, and captains, expired three years after its effective date, , in accordance with section 2 of Pub. L. 93–558, and was repealed by Pub. L. 103–337, div. A, title XVI, §§ 1629(a)(2), 1691(b)(1), , 108 Stat. 2963, 3026, effective .

Prior sections 3815 and 3816 were repealed by Pub. L. 90–235, § 3(a)(2), (b)(1), , 81 Stat. 757, 758.

Section 3815, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for resignation of regular enlisted members of Army enlisted on a career basis and limitations thereon.

Section 3816, act Aug. 10, 1956, ch. 1041, 70A Stat. 221, provided for minority discharges for regular enlisted members of Army. See section 1170 of this title.

A prior section 3818, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; , Pub. L. 95–485, title VIII, § 820(g), 92 Stat. 1627, authorized the Secretary of the Army to terminate appointment of a female commissioned officer of Regular Army, other than by dismissal, under regulations prescribed by President, or to terminate the appointment of a female warrant officer or enlistment of a female member of Regular Army by discharge from the Army, prior to repeal by Pub. L. 96–513, title II, § 236, title VII, § 701, , 94 Stat. 2887, 2955, effective .

Prior sections 3819 and 3820 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1629(a)(2), 1691(b)(1), , 108 Stat. 2963, 3026, effective .

Section 3819, added Pub. L. 85–861, § 1(93)(A), , 72 Stat. 1482; amended Pub. L. 98–525, title V, § 528(b), , 98 Stat. 2526, related to discharge of Army Reserve officers for failure of promotion to first lieutenant. See section 14503 of this title.

Section 3820, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; , Pub. L. 85–861, § 1(93)(B), 72 Stat. 1482, related to discharge and withdrawal of Federal recognition of officers of Army National Guard of United States absent without leave. See section 14907 of this title.

Amendments

2021—Pub. L. 116–283, § 1834(i)(1), as added by Pub. L. 117–81, § 1701(n)(2), transferred subsec. (g) of section 2307 of this title to this section, struck out subsec. (g) designation and heading “Certain Navy Contracts” at beginning, and redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively.

Subsec. (a). Pub. L. 116–283, § 1834(i)(2), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 116–283, § 1834(i)(3), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading and substituted “this subsection” for “this paragraph” in second sentence.

Subsec. (c). Pub. L. 116–283, § 1834(i)(4), as added by Pub. L. 117–81, § 1701(n)(2), inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included 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 Effective Date note below.

Effective Date

Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Credits

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1834(a), (i)(1)–(4), as added and amended Pub. L. 117–81, div. A, title XVII, § 1701(n)(1)(B), (2), , 135 Stat. 2145.)

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