CHAPTER 873-PROCUREMENT OF SUPPLIES AND SERVICES

        

Editorial Notes

Prior Provisions

A prior chapter 873, consisting of sections 9021 to 9027, related to civilian employees in the Air Force, prior to renumbering as chapter 947 of this title.

Amendments

2021- Pub. L. 117–81, div. A, title XVII, §1701(e)(1)(B), Dec. 27, 2021, 135 Stat. 2138 , added item 8755.

Pub. L. 116–283, div. A, title XVIII, §1878(b), Jan. 1, 2021, 134 Stat. 4292 , added item 8751.

2018- Pub. L. 115–232, div. A, title VIII, §807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838 , redesignated chapter 645 of this title as this chapter and items 7522 to 7524 as 8752 to 8754, respectively.

1994- Pub. L. 103–355, title II, §2001(j)(3)(C), Oct. 13, 1994, 108 Stat. 3303 , struck out item 7521 "Progress payment for work done; lien based on payment".

1986- Pub. L. 99–661, div. A, title XIII, §1354(b), Nov. 14, 1986, 100 Stat. 3996 , added item 7524.

Statutory Notes and Related Subsidiaries

Pilot Program on Navy Installation Nuclear Energy

Pub. L. 119–60, div. A, title III, §321, Dec. 18, 2025, 139 Stat. 812 , provided that:

"(a) Pilot Program Required.-Beginning not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Assistant Secretary of the Navy for Energy, Installations, and Environment shall initiate a ten-year pilot program at one or more naval installations for the purpose of determining how small modular reactors or mobile reactors could be used-

"(1) to meet the installation energy needs of the Department of the Navy during the ten-year period beginning on the date of the enactment of this Act; and

"(2) to inform the development of concepts for the use of nuclear power facilities to support increased energy security for Navy and Marine Corps installations.

"(b) Considerations.-

"(1) Selection of installations.-In selecting naval installations for the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall consider whether an installation-

"(A) has entered into, as of the date of the enactment of this Act, a memorandum of agreement with a private power provider or reactor technology vendor to explore the use of a small modular reactor or mobile reactor designed for standardized and scaleable production for installation energy requirements;

"(B) contributes support to naval operations and readiness; and

"(C) could be co-located with a data center.

"(2) Selection of reactors.-In selecting nuclear reactors for use in the pilot program required under subsection (a), the Assistant Secretary shall consider-

"(A) the type of fuel for advanced nuclear power production, with a preference for fuel that is resistant to high heat, such as tri-structural isotropic particle fuel;

"(B) the capacity of the reactor, including that the needed capacity of the reactor is in the range of 20MW to 300MW; and

"(C) whether the reactor includes a passive cooling system to ensure operational safety and sustainability.

"(c) Program Requirements.-In carrying out the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall-

"(1) assess and make recommendations regarding how to make available the facilities of a Navy or Marine Corps program selected for participation in the pilot program;

"(2) ensure that the program includes a plan for refueling and end-of-life waste stream management;

"(3) ensure that any reactor used in the program is resilient to grid interruption; and

"(4) coordinate with the working group established by section 319 [139 Stat. 810] and the executive agent established by section 318 [set out as a note under section 2911 of this title] with respect to timing, sequencing of projects, and locations and to prevent duplication and conflicts between the pilot program and other pilot programs and nuclear initiatives of the Department of Defense.

"(d) Contracts.-The pilot program does not require the Secretary of the Navy to enter into any new contract, including an energy savings performance contract.

"(e) Reporting Requirements.-

"(1) Annual report.-Not later than 30 days after the date of the initiation of the pilot program under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes each of the following:

"(A) A five-year funding plan for all Navy nuclear shore and installation power programs for the Navy, including nuclear efforts provided for in the context of the Navy Shore Energy Program and any identified funding shortfalls.

"(B) An identification of authorities required and remaining barriers to the provision of nuclear power from a military installation to civilian energy grids.

"(C) A review of lessons learned from related efforts conducted by the other military departments, the Defense Innovation Unit, and any other entities the Secretary considers relevant.

"(D) An analysis of efforts taken by the Navy to use nuclear power on Navy installations to support data center power demands.

"(E) Any other details the Secretary of the Navy considers relevant.

"(2) Final report.-Upon conclusion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, or include in the report required under section 2925 of title 10, United States Code, for the fiscal year during which the pilot program concludes, each of the following:

"(A) An identification of the funding that would be required to convert the pilot program to a program of record.

"(B) An identification of all available funding provided in the budget of the Navy for the fiscal year during which the report is submitted for nuclear power at Navy and Marine Corps installations.

"(C) A list of all installations where the Secretary is considering the future use of nuclear power.

"(f) Early Termination.-The Secretary of the Navy may terminate the pilot program before the expiration of the ten-year period referred to in subsection (a) if the Secretary provides notice of such early termination to the congressional defense committees."

Technology Enhancement for Surface Ship Maintenance

Pub. L. 119–60, div. A, title III, §345, Dec. 18, 2025, 139 Stat. 825 , provided that:

"(a) In General.-The Secretary of the Navy shall investigate, and, as feasible, qualify, approve, integrate, and fully adopt into contract requirements, advanced technologies and processes for Navy surface ship maintenance on an expedited timeline to enhance readiness, reduce costs, and address delays in maintenance and repair activities.

"(b) Specified Advanced Technologies and Processes.-In carrying out subsection (a), the Secretary of the Navy shall prioritize the following:

"(1) Automated weld inspection for robotic weld defect detection.

"(2) Real-time sustainment monitoring for sensor-based health tracking.

"(3) Advanced blast and painting for automated hull coating systems.

"(4) Press connect fittings for no-hot-work pipe repairs.

"(5) Robotic tank inspection for confined space condition assessments.

"(6) Additive manufacturing for on-demand 3D-printed parts.

"(7) Augmented reality support for augmented reality-guided repairs.

"(8) Cold spray repair for metal surface restoration.

"(9) Predictive maintenance algorithms for artificial intelligence-driven failure prediction.

"(10) Automated nondestructive testing for robotic material evaluation.

"(11) Autonomous underwater vehicles for hull inspection submersibles.

"(12) Digital twin technology for virtual ship modeling.

"(13) High-pressure waterjet cleaning for rust and paint removal.

"(14) Modular maintenance platforms for standardized repair setups.

"(15) Smart coatings for self-healing, anti-fouling surfaces.

"(16) Laser ablation for laser-based surface preparation.

"(17) Drone-based inspection for uncrewed structural surveys.

"(18) Electrochemical corrosion mitigation for corrosion prevention systems.

"(19) Smart pigging for internal pipe diagnostics.

"(20) Modular overhaul kits for pre-packaged repair solutions.

"(21) Plasma coating for durable surface protection.

"(22) High-velocity oxygen fuel coating for high-velocity wear protection.

"(23) Portable diagnostics for handheld troubleshooting tools.

"(c) Open Qualification Process.-

"(1) In general.-The Secretary of the Navy shall establish a process under which non-government entities may submit proposals for the investigation, qualification, approval, integration, and full adoption under subsection (a) of advanced technologies or processes not specified in subsection (b).

"(2) Evaluation.-The Secretary of the Navy shall evaluate any proposal submitted pursuant to the process established under paragraph (1) not later than 90 days after the date of such submission.

"(3) Proposal requirements.-A proposal submitted pursuant to the process established under paragraph (1) shall include an assessment of options to improve maintenance efficiency, safety, or cost-effectiveness.

"(4) Qualification decision.-In evaluating proposals pursuant to the process established under paragraph (1), the Secretary of the Navy shall make decisions based on technical merit and the needs of the Navy.

"(d) Third-party Review.-

"(1) In general.-The Under Secretary of Defense for Acquisition and Sustainment shall seek to enter into a contract with an appropriate independent third-party reviewer under which such reviewer shall assess any decision of the Secretary of the Navy not to select for qualification of approval an advanced technology or process included in a proposal submitted pursuant to the process established under subsection (c).

"(2) Report to congress.-A contract entered into under paragraph (1) shall require the independent third-party reviewer to, not later than 90 days after the date of the decision concerned, submit to the Committees on Armed Services of the Senate and House of Representatives an unaltered report that includes-

"(A) an evaluation of the rationale of the Secretary in not selecting the technology or process;

"(B) a statement of the agreement or disagreement of the reviewer with the decision and rationale of the Secretary; and

"(C) recommendations, if applicable.

"(e) Priority.-The Secretary of the Navy may prioritize the investigation, qualification, approval, integration, and full adoption of advanced technologies and processes under this section based on operational needs, budget constraints, and compatibility with existing systems, if the Secretary includes justifications for such prioritization in the report required by subsection (g).

"(f) Updates.-If an advanced technology or process is adopted into contract requirements pursuant to subsection (a), the Secretary of the Navy shall update policies, specifications, guidance, and contracts, as necessary, to account for such adoption.

"(g) Report Required.-Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of the Navy shall submit to Congress a report that includes detailed timelines for the qualification and approval of each advanced technology or process specified in subsection (b) and any additional advanced technologies or processes identified pursuant to the process established under subsection (c), including estimated implementation dates or justifications for non-pursuit."