US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3808

Certain Navy contracts

(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.

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

Editorial Notes

Codification

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

Prior Provisions

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 L. 90–235, § 3(a)(2)81 Stat. 757Prior sections 3811 to 3813 were repealed by , (b)(1), , , 758.

act Aug. 10, 1956, ch. 104170A Stat. 220section 1169 of this titleSection 3811, , , provided for discharge of enlisted members of Army and limitations thereon, and for issuance of discharge certificates. See .

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

act Aug. 10, 1956, ch. 104170A Stat. 220Section 3813, , , provided for dependency discharges for enlisted members of the Army.

act Aug. 10, 1956, ch. 104170A Stat. 220Pub. L. 96–513, title II, § 21494 Stat. 2885section 630 of this titleA prior section 3814, , , 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 , title VII, § 701, , , 2955, effective . See .

Pub. L. 93–558, § 188 Stat. 1793section 2 of Pub. L. 93–558Pub. L. 103–337, div. A, title XVI108 Stat. 2963A prior section 3814a, added , , , 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 , and was repealed by , §§ 1629(a)(2), 1691(b)(1), , , 3026, effective .

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 L. 90–235, § 3(a)(2)81 Stat. 757Prior sections 3815 and 3816 were repealed by , (b)(1), , , 758.

act Aug. 10, 1956, ch. 104170A Stat. 220Section 3815, , , provided for resignation of regular enlisted members of Army enlisted on a career basis and limitations thereon.

act Aug. 10, 1956, ch. 104170A Stat. 221section 1170 of this titleSection 3816, , , provided for minority discharges for regular enlisted members of Army. See .

Aug. 10, 1956, ch. 104170A Stat. 221Pub. L. 95–485, title VIII, § 820(g)92 Stat. 1627Pub. L. 96–513, title II, § 23694 Stat. 2887A prior section 3818, acts , ; , , , 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 , title VII, § 701, , , 2955, effective .

Pub. L. 103–337, div. A, title XVI108 Stat. 2963Prior sections 3819 and 3820 were repealed by , §§ 1629(a)(2), 1691(b)(1), , , 3026, effective .

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

Aug. 10, 1956, ch. 104170A Stat. 221Pub. L. 85–861, § 1(93)(B)72 Stat. 1482section 14907 of this titleSection 3820, acts , ; , , , related to discharge and withdrawal of Federal recognition of officers of Army National Guard of United States absent without leave. See .

Amendments

Pub. L. 116–283, § 1834(i)(1)Pub. L. 117–81, § 1701(n)(2)section 2307 of this title2021—, as added by , transferred subsec. (g) of 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.

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

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