§2218a — Title 10 Armed Forces | U.S. Code

Summary

Creates the National Sea-Based Deterrence Fund in the U.S. Treasury and gives the Secretary of Defense responsibility to run it. The Fund can only be used for building, designing, buying, changing, or converting sea-based nuclear deterrent ships. All Department of Defense money meant for those ship activities must go into the Fund. Money put into the Fund usually expires five years after the end of the fiscal year it was approved unless another law says otherwise. The Fund’s money cannot be spent for anything that is not allowed by law. The Navy may use the Fund to make bulk-buy or advance-construction contracts, to pay in stages for costly long-lead items, to fund the first two Columbia class submarines, and to sign multiyear deals for critical parts to save money and keep shipyards working. Every contract must say the government only pays if Congress provides the money and that, if the contract is ended, the government’s financial responsibility is limited to what was already obligated. Budget requests to Congress must show Fund amounts separately. Defined terms: Fund — the National Sea-Based Deterrence Fund; national sea-based deterrence vessel — a post‑fiscal year 2016 submersible that carries operational intercontinental ballistic missiles; critical component — certain important ship parts (for example missile compartment parts, valves, launch tubes, propulsors, pumps, bulkheads, hull pieces, and other major systems).

Title 10, §2218a

Armed Forces — Source: USLM XML via OLRC

(a)There is established in the Treasury of the United States a fund to be known as the “National Sea-Based Deterrence Fund”.

(b)The Secretary of Defense shall administer the Fund consistent with the provisions of this section.

(c)(1)Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

(2)Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.

(d)There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

(e)No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.

(f)(1)The Secretary of the Navy may use funds deposited in the Fund to enter into contracts known as “economic order quantity contracts” with private shipyards and other commercial or government entities to achieve economic efficiencies based on production economies for major components or subsystems. The authority under this subsection extends to the procurement of parts, components, and systems (including weapon systems) common with and required for other nuclear powered vessels under joint economic order quantity contracts.

(2)A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

(g)(1)The Secretary of the Navy may use funds deposited into the Fund to enter into contracts for advance construction of national sea-based deterrence vessels to support achieving cost savings through workload management, manufacturing efficiencies, or workforce stability, or to phase fabrication activities within shipyard and manage sub-tier manufacturer capacity.

(h)(1)The Secretary of the Navy may use funds deposited into the Fund to enter into incrementally funded contracts for—

(A)advance procurement of high value, long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments; and

(B)construction of the first two Columbia class submarines.

(i)(1)To implement the continuous production of critical components, the Secretary of the Navy may use funds deposited in the Fund, in conjunction with funds appropriated for the procurement of other nuclear-powered vessels, to enter into one or more multiyear contracts (including economic ordering quantity contracts), for the procurement of critical contractor-furnished and Government-furnished components for critical components of national sea-based deterrence vessels. The authority under this subsection extends to the procurement of equivalent critical components common with and required for other nuclear-powered vessels.

(2)In each annual budget request submitted to Congress, the Secretary shall clearly identify funds requested for critical components and the individual ships and programs for which such funds are requested.

(3)Any contract entered into pursuant to paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose and that the total liability to the Government for the termination of the contract shall be limited to the total amount of funding obligated for the contract as of the date of the termination.

(j)Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

(k)In this section:

(1)The term “Fund” means the National Sea-Based Deterrence Fund established by subsection (a).

(2)The term “national sea-based deterrence vessel” means any submersible vessel constructed or purchased after fiscal year 2016 that is owned, operated, or controlled by the Department of Defense and that carries operational intercontinental ballistic missiles.

(3)The term “critical component” means any of the following:

(A)A common missile compartment component.

(B)A spherical air flask.

(C)An air induction diesel exhaust valve.

(D)An auxiliary seawater valve.

(E)A hovering valve.

(F)A missile compensation valve.

(G)A main seawater valve.

(H)A launch tube.

(I)A trash disposal unit.

(J)A logistics escape trunk.

(K)A torpedo tube.

(L)A weapons shipping cradle weldment.

(M)A control surface.

(N)A launcher component.

(O)A propulsor.

(P)Major bulkheads and tanks.

(Q)All major pumps and motors.

(R)Large vertical array.

(S)Atmosphere control equipment.

(T)Diesel systems and components.

(U)Hydraulic valves and components.

(V)Bearings.

(W)Major air and blow valves and components.

(X)Decks and superstructure.

(Y)Castings, forgings, and tank structure.

(Z)Hatches and hull penetrators.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (k)(3)(P) to (Z). Pub. L. 118–31 added subpars. (P) to (Z). 2021—Subsec. (h)(1). Pub. L. 116–283 substituted “incrementally funded contracts for—” for “incrementally funded contracts for advance procurement of high value, long lead time items for nuclear powered vessels to better support

Construction

schedules and achieve cost savings through schedule reductions and properly phased installment payments.” and added subpars. (A) and (B). 2017—Subsec. (i). Pub. L. 115–91, § 1022(c), struck out “of the Common Missile Compartment” after “Continuous Production” in heading. Subsec. (i)(1). Pub. L. 115–91, § 1022(a)(2), substituted “equivalent critical components” for “equivalent critical parts, components, systems, and subsystems”. Pub. L. 115–91, § 1022(a)(1), which directed the substitution of “critical components” for “the common missile compartment” wherever appearing, was executed by making the substitution for “the common missile compartment” the first time appearing and for “the common missile compartments” the second time appearing, to reflect the probable intent of Congress. Subsec. (i)(2). Pub. L. 115–91, § 1022(a)(1), substituted “critical components” for “the common missile compartment”. Subsec. (k)(3). Pub. L. 115–91, § 1022(b), added par. (3). 2016—Subsecs. (i), (j). Pub. L. 114–328, § 1023(a), added subsec. (i) and redesignated former subsec. (i) as (j). Former subsec. (j) redesignated (k). Subsec. (k). Pub. L. 114–328, § 1023(a)(1), redesignated subsec. (j) as (k). Subsec. (k)(2). Pub. L. 114–328, § 1023(b), substituted “any submersible vessel constructed or purchased after fiscal year 2016 that is” for “any vessel” and inserted “and” before “that carries”. 2015—Subsecs. (f) to (j). Pub. L. 114–92 added subsecs. (f) to (h) and redesignated former subsecs. (f) and (g) as (i) and (j), respectively.

§2218a National Sea-Based Deterrence Fund