US (United States) Code. Title 10. Subtitle C. Part IV. Chapter 633: Naval Vessels

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-CITE-

10 USC CHAPTER 633 - NAVAL VESSELS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

.

-HEAD-

CHAPTER 633 - NAVAL VESSELS

-MISC1-

Sec.

7291. Classification.

7292. Naming.

7293. Number in service in time of peace.

7294. Suspension of construction in case of treaty.

7295. Vessels: under-age.

7296. Combatant surface vessels: notice before reduction in number;

preservation of surge capability.

7297. Changing category or type: limitations.

(7298. Repealed.)

7299. Contracts: applicability of Walsh-Healey Act.

7299a. Construction of combatant and escort vessels and assignment

of vessel projects.

7300. Contracts for nuclear ships: sales of naval shipyard articles

and services to private shipyards.

(7301, 7302. Repealed.)

7303. Model basin; investigation of hull designs.

7304. Examination of vessels; striking of vessels from Naval Vessel

Register.

7305. Vessels stricken from Naval Vessel Register: sale.

7306. Vessels stricken from Naval Vessel Register; captured

vessels: transfer by gift or otherwise.

7306a. Vessels stricken from Naval Vessel Register: use for

experimental purposes.

7307. Disposals to foreign nations.

7308. Chief of Naval Operations: certification required for

disposal of combatant vessels.

7309. Construction of vessels in foreign shipyards: prohibition.

7310. Overhaul, repair, etc. of vessels in foreign shipyards:

restrictions.

7311. Repair or maintenance of naval vessels: handling of hazardous

waste.

(7312. Repealed.)

7313. Ship overhaul work: availability of appropriations for

unusual cost overruns and for changes in scope of work.

7314. Overhaul of naval vessels: competition between public and

private shipyards.

7315. Preservation of Navy shipbuilding capability.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1021(b)(2), Dec.

2, 2002, 116 Stat. 2639, added item 7296.

1999 - Pub. L. 106-65, div. A, title X, Sec. 1016(b), Oct. 5,

1999, 113 Stat. 744, added item 7300.

1997 - Pub. L. 105-85, div. A, title X, Sec. 1027(a)(2), Nov.

18, 1997, 111 Stat. 1879, added item 7315.

1996 - Pub. L. 104-106, div. A, title VIII, Sec. 815(b), Feb.

10, 1996, 110 Stat. 396, added item 7299.

1994 - Pub. L. 103-355, title II, Sec. 2001(j)(3)(A), title III,

Sec. 3023(b), 3024(b), Oct. 13, 1994, 108 Stat. 3303, 3333, 3334,

struck out items 7299 ''Contracts: application of Public Contracts

Act'', 7302 ''Construction on Pacific Coast'', and 7312 ''Repair or

maintenance of naval vessels: progress payments under certain

contracts''.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(a)(7),

(c)(7), Nov. 30, 1993, 107 Stat. 1713, 1714, struck out items 7296

''Appropriations: available for other purposes'', 7298 ''Conversion

of combatants and auxiliaries'', and 7301 ''Bids on construction:

estimates required'', substituted ''Examination of vessels;

striking of vessels'' for ''Examination by board: unfit vessel

stricken'' in item 7304, ''Vessels stricken from Naval Vessel

Register: sale'' for ''Sale of vessel stricken from Naval Vessel

Register'' in item 7305, and ''Vessels stricken from Naval Vessel

Register; captured vessels: transfer by gift or otherwise'' for

''Use for experimental purposes'' in item 7306, added item 7306a,

substituted ''Disposals to foreign nations'' for ''Restriction on

disposal'' in item 7307, ''Chief of Naval Operations: certification

required for disposal of combatant vessels'' for ''Transfer or gift

of obsolete, condemned, or captured vessels'' in item 7308,

''Construction of vessels in foreign shipyards: prohibition'' for

''Restrictions on construction or repair of vessels in foreign

shipyards'' in item 7309, and ''Overhaul, repair, etc. of vessels

in foreign shipyards: restrictions'' for ''Policy in constructing

combatant vessels'' in item 7310.

1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1622(a), Nov.

29, 1989, 103 Stat. 1604, redesignated item 7313 ''Overhaul of

naval vessels: competition between public and private shipyards''

as 7314.

1988 - Pub. L. 100-456, div. A, title XII, Sec. 1224(b)(2),

1225(a)(2), Sept. 29, 1988, 102 Stat. 2054, 2055, substituted

''Restrictions on construction or repair'' for ''Restriction on

construction'' in item 7309 and added item 7313 ''Overhaul of naval

vessels: competition between public and private shipyards''.

Pub. L. 100-370, Sec. 1(n)(2), July 19, 1988, 102 Stat. 850,

added item 7313 ''Ship overhaul work: availability of

appropriations for unusual cost overruns and for changes in scope

of work''.

1987 - Pub. L. 100-180, div. A, title XI, Sec. 1102(a)(2), Dec.

4, 1987, 101 Stat. 1145, added item 7312.

1986 - Pub. L. 99-661, div. A, title XII, Sec. 1202(b), Nov. 14,

1986, 100 Stat. 3968, added item 7311.

1985 - Pub. L. 99-145, title XIII, Sec. 1303(a)(24)(B), Nov. 8,

1985, 99 Stat. 740, struck out ''naval'' before ''vessels'' in item

7309.

1982 - Pub. L. 97-295, Sec. 1(48)(B), Oct. 12, 1982, 96 Stat.

1298, added item 7299a.

Pub. L. 97-295, Sec. 1(49)(B), Oct. 12, 1982, 96 Stat. 1299,

added item 7310.

Pub. L. 97-252, title XI, Sec. 1127(b), Sept. 8, 1982, 96 Stat.

759, added item 7309.

1981 - Pub. L. 97-86, title IX, Sec. 911(b)(2), Dec. 1, 1981, 95

Stat. 1122, struck out item 7300 ''Contracts for construction:

profit limitation''.

-CITE-

10 USC Sec. 7291 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7291. Classification

-STATUTE-

The President may establish, and from time to time modify, as the

needs of the service require, a classification of naval vessels.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7291 34 U.S.C. 451 (as Mar. 3, 1901, ch.

applicable to 852 (last par. as

classification of applicable to

vessels). classification of

vessels), 31 Stat.

1133.

-------------------------------

VESSEL SCRAPPING PILOT PROGRAM

Pub. L. 105-262, title VIII, Sec. 8124, Oct. 17, 1998, 112 Stat.

2333, provided that: ''The Secretary of the Navy may carry out a

competitively awarded vessel scrapping pilot program during fiscal

years 1999 and 2000 using funds made available in this Act under

the heading 'Operation and Maintenance, Navy' (112 Stat. 2282):

Provided, That the Secretary of the Navy shall define the program

scope sufficient to gather data on the cost of scrapping Government

vessels and to demonstrate cost-effective technologies and

techniques to scrap such vessels in a manner that is protective of

worker safety and health and the environment.''

CONSIDERATION OF VESSEL LOCATION FOR AWARD OF LAYBERTH CONTRACTS

FOR SEALIFT VESSELS

Pub. L. 102-484, div. A, title III, Sec. 375, Oct. 23, 1992, 106

Stat. 2385, provided that:

''(a) Consideration of Vessel Location in the Award of Layberth

Contracts. - As a factor in the evaluation of bids and proposals

for the award of contracts to layberth sealift vessels of the

Department of the Navy, the Secretary of the Navy shall include the

location of the vessels, including whether the vessels should be

layberthed at locations where -

''(1) members of the Armed Forces are likely to be loaded onto

the vessels; and

''(2) layberthing the vessels maximizes the ability of the

vessels to meet mobility and training needs of the Department of

Defense.

''(b) Establishment of Location as a Major Criterion. - In the

evaluation of bids and proposals referred to in subsection (a), the

Secretary of the Navy shall give the same level of consideration to

the location of the vessels as the Secretary gives to other major

factors established by the Secretary.

''(c) Applicability. - Subsection (a) shall apply to any

solicitation for bids or proposals issued after the end of the

120-day period beginning on the date of the enactment of this Act

(Oct. 23, 1992).''

REVITALIZATION OF UNITED STATES SHIPBUILDING INDUSTRY

Pub. L. 102-484, div. A, title X, Sec. 1031, Oct. 23, 1992, 106

Stat. 2489, provided that:

''(a) In General. - The Secretary of Defense shall require that

all sealift ships built under the fast sealift program established

in section 1424 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1683) (set out

below) shall be constructed and designed to commercial

specifications.

''(b) Interagency Working Group To Formulate a Program To

Preserve Shipyard Industrial Base. - (1) Not later than March 1,

1993, the President shall establish an interagency working group

for the sole purpose of developing and implementing a comprehensive

plan to enable and ensure that domestic shipyards can compete

effectively in the international shipbuilding market.

''(2) The working group shall include representatives from all

appropriate agencies, including the Department of Defense, the

Department of State, the Department of Commerce, the Department of

Transportation, the Department of Labor, the Office of the United

States Trade Representative, and the Maritime Administration.

''(3) The President shall submit to Congress the comprehensive

plan developed by the working group not later than October 1, 1993.

''(c) Report on Ship Dumping Practices. - The Secretary of

Transportation shall prepare a report on the countries that provide

subsidies for the construction or repair of vessels in foreign

shipyards or that engage in ship dumping practices.

''(d) Report on Defense Contracts. - The Secretary of Defense

shall prepare a report on -

''(1) the amount of Department of Defense contracts that were

awarded to companies physically located or headquartered in the

countries identified in the Secretary of Transportation's report

under subsection (d) for the most recent year for which data is

available; and

''(2) the effect on defense programs of a prohibition of

awarding contracts to companies physically located or

headquartered in the countries identified in the Secretary of

Transportation's report under subsection (d).

''(e) Report on Adequacy of United States Shipbuilding Industry.

- The Secretary of Defense shall prepare a report on -

''(1) the adequacy of United States shipbuilding industry to

meet military requirements, including sealift, during the period

of 1994 through 1999; and

''(2) the causes of any inadequacy identified and actions that

could be taken to correct such inadequacies.

''(f) Submission of Reports. - The reports under subsections (c),

(d), and (e) shall be submitted to Congress with the President's

budget for fiscal year 1994.

''(g) Penalty for Failure to Comply. - (1) Except as provided in

paragraph (2), if the President fails to submit to Congress a

comprehensive plan as required by subsection (b) by October 1,

1993, no funds appropriated to the Department of Defense for fiscal

year 1994 may be used to enter into a contract for the

construction, repair, or purchase of any product or service with

any company that has headquarters in any country that continues to

provide a subsidy to a foreign shipyard for the construction or

repair of vessels or that engages in ship dumping practices.

''(2) Paragraph (1) shall not apply if the President -

''(A) notifies Congress that he is unable to submit the plan by

the time required under subsection (c); and

''(B) includes with the notice a brief explanation of the

reasons for the delay and a statement that the plan will be

submitted by April 15, 1994.

''(h) Definitions. - For purposes of subsection (c):

''(1) The term 'foreign shipyard' includes a ship construction

or repair facility located in a foreign country that is directly

or indirectly owned, controlled, managed, or financed by a

foreign shipyard that receives or benefits from a subsidy.

''(2) The term 'subsidy' includes any of the following:

''(A) Officially supported export credits and development

assistance.

''(B) Direct official operating support to the commercial

shipbuilding and repair industry, or to a related entity that

favors the operation of shipbuilding and repair, including -

''(i) grants;

''(ii) loans and loan guarantees other than those available

on the commercial market;

''(iii) forgiveness of debt;

''(iv) equity infusions on terms inconsistent with

commercially reasonable investment practices;

''(v) preferential provision of goods and services; and

''(vi) public sector ownership of commercial shipyards on

terms inconsistent with commercially reasonable investment

practices.

''(C) Direct official support for investment in the

commercial shipbuilding and repair industry, or to a related

entity that favors the operation of shipbuilding and repair,

including the kinds of support listed in clauses (i) through

(v) of subparagraph (B), and any restructuring support, except

public support for social purposes directly and effectively

linked to shipyard closures.

''(D) Assistance in the form of grants, preferential loans,

preferential tax treatment, or otherwise, that benefits or is

directly related to shipbuilding and repair for purposes of

research and development that is not equally open to domestic

and foreign enterprises.

''(E) Tax policies and practices that favor the shipbuilding

and repair industry, directly or indirectly, such as tax

credits, deductions, exemptions and preferences, including

accelerated depreciation, if the benefits are not generally

available to persons or firms not engaged in shipbuilding or

repair.

''(F) Any official regulation or practice that authorizes or

encourages persons or firms engaged in shipbuilding or repair

to enter into anticompetitive arrangements.

''(G) Any indirect support directly related, in law or in

fact, to shipbuilding and repair at national yards, including

any public assistance favoring shipowners with an indirect

effect on shipbuilding or repair activities, and any assistance

provided to suppliers of significant inputs to shipbuilding,

which results in benefits to domestic shipbuilders.

''(H) Any export subsidy identified in the Illustrative List

of Export Subsidies in the Annex to the Agreement on

Interpretation and Application of Articles VI, XVI, and XXIII

of the General Agreement on Tariffs and Trade or any other

export subsidy that may be prohibited as a result of the

Uruguay Round of trade negotiations.

''(3) The term 'vessel' means any self-propelled, sea-going

vessel -

''(A) of not less than 100 gross tons, as measured under the

International Convention of Tonnage Measurement of Ships, 1969;

and

''(B) not exempt from entry under section 441 of the Tariff

Act of 1930 (19 U.S.C. 1431).''

FAST SEALIFT PROGRAM

Pub. L. 102-484, div. A, title X, Sec. 1021, Oct. 23, 1992, 106

Stat. 2485, provided that:

''(a) Acquisition and Conversion of U.S. Built Vessels. -

Notwithstanding any other provision of law, the Secretary of the

Navy may use funds available for the Fast Sealift Program -

''(1) to acquire vessels for the program from among available

vessels built in United States shipyards; and

''(2) to convert in United States shipyards vessels built in

United States shipyards.

''(b) Acquisition of Five Foreign-Built Vessels. -

Notwithstanding any other provision of law, funds available for the

Fast Sealift Program may be used for the acquisition of five

vessels built in foreign shipyards and for conversion of those

vessels in United States shipyards if the Secretary of the Navy

determines that acquisition of those vessels is necessary to

expedite the availability of vessels for sealift.''

Pub. L. 101-510, div. A, title XIV, Sec. 1424, Nov. 5, 1990, 104

Stat. 1683, as amended by Pub. L. 102-190, div. A, title X, Sec.

1015, Dec. 5, 1991, 105 Stat. 1458; Pub. L. 102-484, div. A, title

X, Sec. 1022, Oct. 23, 1992, 106 Stat. 2485; Pub. L. 103-337, div.

A, title I, Sec. 125, Oct. 5, 1994, 108 Stat. 2683, provided that:

''(a) Establishment of Program. - The Secretary of the Navy shall

establish a program for the construction and operation, or

conversion and operation, of cargo vessels that incorporate

features essential for military use of the vessels.

''(b) Program Requirements. - The program under this section

shall be carried out as follows:

''(1) The Secretary of the Navy shall establish the design

requirements for vessels to be constructed or converted under the

program.

''(2) In establishing the design requirements for vessels to be

constructed or converted under the program, the Secretary shall

use commercial design standards and shall consult with the

Administrator of the Maritime Administration.

''(3) Construction or conversion of the vessels shall be

accomplished in private United States shipyards.

''(4) The vessels constructed or converted under the program

shall incorporate propulsion systems whose main components (that

is, the engines, reduction gears, and propellers) are

manufactured in the United States.

''(5) The vessels constructed or converted under the program

shall incorporate bridge and machinery control systems and

interior communications equipment which -

''(A) are manufactured in the United States; and

''(B) have more than half of their value, in terms of cost,

added in the United States.

''(6) The Secretary of Defense may waive the requirement of

paragraph (5) with respect to a system or equipment described in

that paragraph if -

''(A) the system or equipment is not available; or

''(B) the costs of compliance would be unreasonable compared

to the costs of purchase from a foreign manufacturer.

''(c) Charter of Vessels Constructed. - (1) Except when the

Secretary determines that having a vessel immediately available

with a full or partial crew is in the national interest, the

Secretary, in consultation with the Administrator of the Maritime

Administration, shall charter each vessel constructed before

October 1, 1995, under the program for commercial operation. Any

such charter -

''(A) shall not permit the operation of the vessel other than

in the foreign commerce of the United States;

''(B) may be made only with an individual or entity that is a

citizen of the United States (which, in the case of a

corporation, partnership, or association, shall be determined in

the manner specified in section 2 of the Shipping Act, 1916 (46

U.S.C. App. 802)) (46 App. U.S.C. 802, 803); and

''(C) shall require that the vessel be documented (and remain

documented) under the laws of the United States.

''(2) The Secretary may enter into a charter under paragraph (1)

only through the use of competitive bidding procedures that ensure

that the highest charter rates are obtained by the United States

consistent with good business practice, except that the Secretary

may operate the vessel (or contract to have the vessel operated) in

direct support of United States military forces during a time of

war or national emergency and at other times when the Administrator

of the Maritime Administration determines that that operation would

not unfairly compete with another United States-flag vessel.

''(3) If the Secretary determines that a vessel previously

chartered under the program no longer has commercial utility, the

Secretary may transfer the vessel to the National Defense Reserve

Fleet.

''(4) A contract for the charter of a vessel under paragraph (1)

shall include a provision that the charter may be terminated for

national security reasons without cost to the United States.

''(d) Reports To Congress. - (1) Not later than six months after

the date of the enactment of this Act (Nov. 5, 1990), the Secretary

of the Navy shall submit to Congress a report describing the

Secretary's plan for implementing the fast sealift program

authorized by this section.

''(2) Not later than three years after the date of the enactment

of this Act, the Secretary shall submit to Congress a report on the

implementation of the plan described in the report submitted under

paragraph (1). The report shall include a description of vessels

built or under contract to be built pursuant to this section, the

use of such vessels, and the operating experience and manning of

such vessels.

''(3) The reports under paragraphs (1) and (2) shall be prepared

in consultation with the Administrator of the Maritime

Administration.

''(e) Availability of Funds. - Amounts appropriated to the

Department of Defense for any fiscal year for acquisition of fast

sealift vessels may be used for the program under this section.''

FUNDING FOR SHIP PRODUCTION ENGINEERING

Pub. L. 101-189, div. A, title XVI, Sec. 1613, Nov. 29, 1989,

103 Stat. 1601, provided that:

''(a) Category for Funding. - Any request submitted to Congress

for appropriations for ship production engineering necessary to

support the procurement of any ship included (at the time the

request is submitted) in the five-year shipbuilding and conversion

plan of the Navy shall be set forth in the Shipbuilding and

Conversion account of the Navy (rather than in research and

development accounts).

''(b) Applicability. - Subsection (a) shall apply only with

respect to appropriations for a fiscal year after fiscal year

1990.''

DEPOT-LEVEL MAINTENANCE OF SHIPS

Pub. L. 101-189, div. A, title XVI, Sec. 1614(a), (b), Nov. 29,

1989, 103 Stat. 1601, directed Secretary of the Navy to require

that, to the extent feasible and consistent with policies of the

Navy regarding family separations, not less than one-half of the

depot-level maintenance work for naval vessels that was scheduled

as of Oct. 1, 1989, to be carried out in Japan during fiscal years

1990, 1991, and 1992, was to be carried out in shipyards in the

United States. Similar provisions were contained in Pub. L.

100-456, div. A, title XII, Sec. 1226, Sept. 29, 1988, 102 Stat.

2055, which was repealed by Pub. L. 101-189, div. A, title XVI,

Sec. 1614(c), Nov. 29, 1989, 103 Stat. 1601.

REPORTS ON EFFECTS OF NAVAL SHIPBUILDING PLANS ON MARITIME

INDUSTRIES

Pub. L. 100-456, div. A, title XII, Sec. 1227, Sept. 29, 1988,

102 Stat. 2055, directed Secretary of Defense to submit to Congress

in 1989, 1990, and 1991 a report on how, under the current

Five-Year Defense Program of Department of Defense, programs for

naval shipbuilding and conversion, for naval vessel repair, and for

procurement of support equipment for naval vessels could be

expected to affect private-sector shipbuilding and ship repair

industries of United States in terms of effectiveness and

preparedness of those industries for mobilization in their role in

the sealift component of the conventional deterrent of the United

States.

REPAIR OF VESSELS IN FOREIGN SHIPYARDS

Pub. L. 99-500, Sec. 101(c) (title IX, Sec. 9101), Oct. 18, 1986,

100 Stat. 1783-82, 1783-118, and Pub. L. 99-591, Sec. 101(c) (title

IX, Sec. 9101), Oct. 30, 1986, 100 Stat. 3341-82, 3341-118,

provided that: ''No naval vessel or any vessel owned and operated

by the Department of Defense homeported in the United States may be

overhauled, repaired, or maintained in a foreign owned and operated

shipyard located outside of the United States, except for voyage

repairs.''

ENCOURAGEMENT OF CONSTRUCTION IN UNITED STATES SHIPYARDS OF

COMBATANT VESSELS FOR UNITED STATES ALLIES

Pub. L. 99-145, title XIV, Sec. 1455, Nov. 8, 1985, 99 Stat. 761,

provided that:

''(a) In General. - The Secretary of the Navy shall take such

steps as necessary -

''(1) to encourage United States shipyards to construct

combatant vessels for nations friendly to the United States,

subject to the requirement to safeguard sensitive warship

technology; and

''(2) to ensure that no effort is made by any element of the

Department of the Navy to inhibit, delay, or halt the provision

of any United States naval system to a nation allied with the

United States if that system is approved for export to a foreign

nation, unless approval of such system for export is withheld

solely for the purpose of safeguarding sensitive warship

technology;

''(3) if opportunities arise to construct combatant vessels

(including diesel submarines) outside the United States in a

shipyard of a friendly foreign nation, with some or all of the

costs provided by United States funds -

''(A) to encourage United States firms to participate in such

construction to the maximum extent possible, subject to the

requirement to safeguard sensitive warship technology; and

''(B) to ensure, whenever practicable, that at least 51

percent of the dollar value of such construction is provided by

United States firms.

''(b) Definition. - For the purposes of this section, the term

'sensitive warship technology' means technology relating to the

design or construction of a combatant naval vessel that is

determined by the Secretary of Defense to be vital to United States

security.''

SIX-HUNDRED-SHIP GOAL FOR NAVY; SENSE OF CONGRESS

Pub. L. 97-114, title VII, Sec. 791, Dec. 29, 1981, 95 Stat.

1593, provided that: ''It is the sense of the Congress that -

''(1) A larger and stronger American Navy is needed as an

essential ingredient of our Armed Forces, in order to fulfill its

basic missions of (A) protecting the sea lanes to preserve the

safety of the free world's commerce, (B) assuring continued

access to raw materials essential to the well-being of the free

world, (C) enhancing our capacity to project effective American

forces into regions of the world where the vital interests of the

United States must be protected, (D) engaging the Navy of the

Soviet Union or any other potential adversary successfully, (E)

continuing to serve as a viable leg of our strategic triad, and

(F) providing visible evidence of American diplomatic, economic

and military commitments throughout the world.

''(2) In order to conduct the numerous and growing missions of

the modern American Navy, a goal of a naval inventory of

approximately six hundred active ships of various types by the

end of the century at the latest, is highly desirable, the exact

figure to be flexible to accommodate new designs as the specific

details of our naval missions evolve to meet various

contingencies.

''(3) The Secretary of Defense comply with section 808 of

Public Law 94-106, the Department of Defense Appropriation

Authorization Act of 1976 (set out as a note under this section),

in order that the Congress may more properly appropriate the

funds necessary to reach a six hundred-ship goal at least by the

end of the present century.''

CONSTRUCTION OF ADVANCED, VERSATILE, SURVIVABLE, AND COST-EFFECTIVE

COMBATANT SHIPS; PLANS AND PROGRAMS; PRESIDENTIAL CONCLUSIONS AND

RECOMMENDATIONS TO ACCOMPANY SHIP AUTHORIZATION REQUESTS

Pub. L. 95-485, title VIII, Sec. 810(a), (b), Oct. 20, 1978, 92

Stat. 1623, which declared it the policy of the United States to

construct more survivable, less costly, and more combat effective

ships, and directed the President to include in any request for

authorization of a ship his conclusions on the ship's possession of

the above qualities and whether and why the ship should be nuclear

powered, was repealed and reenacted as section 7310 of this title

by Pub. L. 97-295, Sec. 1(49)(A), 6(b), Oct. 12, 1982, 96 Stat.

1298, 1315.

CONVERSION, OVERHAUL, OR REPAIR WORK UNDER SERVICE LIFE EXTENSION

PROGRAM OR DDG-2 DESTROYER MODERNIZATION PROGRAM; USE OF PUBLIC OR

PRIVATE SHIPYARDS; ADDITIONAL PERSONNEL; LEAST-COST APPROACH STUDY;

REPORT TO CONGRESS; ADVANCED PLANNING OR PURCHASING LONG LEAD ITEMS

Pub. L. 95-485, title VIII, Sec. 811, Oct. 20, 1978, 92 Stat.

1624, prohibited Secretary of the Navy, with certain exceptions,

from taking any action with respect to the use of either public

shipyards or private shipyards for conversion, overhaul, or repair

work under Service Life Extension Program (SLEP) or under program

for modernization of DDG-2 class guided missile destroyers, or for

the employment of additional personnel for, or the transfer of

additional personnel to, any public shipyard as a part of the

necessary buildup of manpower for carrying out either such program,

until a comprehensive least-cost approach study was conducted and a

written report of such study was submitted after Oct. 20, 1978, to

Congress.

NAVAL SHIP NEW CONSTRUCTION AND CONVERSION PROGRAM; REPORTS TO

CONGRESSIONAL COMMITTEES

Pub. L. 94-106, title VIII, Sec. 808, Oct. 7, 1975, 89 Stat. 539,

directed Secretary of Defense to submit a five-year naval ship new

construction and conversion program with President's budget for

fiscal year beginning Oct. 1, 1976, and to report annually

thereafter on changes in the program, prior to repeal by Pub. L.

101-510, div. A, title XIII, Sec. 1322(g), Nov. 5, 1990, 104 Stat.

1672.

NUCLEAR POWERED MAJOR COMBATANT VESSELS; CONSTRUCTION; DEFINITIONS;

REPORT TO CONGRESS BY SECRETARY OF DEFENSE; LIMITATIONS ON

AUTHORIZATION OR APPROPRIATION REQUESTS: REPORT TO CONGRESS BY

PRESIDENT OF ALTERNATE PROGRAM

Pub. L. 93-365, title VIII, Sec. 801-804, Aug. 5, 1974, 88 Stat.

408, 409, authorized construction of nuclear powered major

combatant vessels for the strike forces of the United States Navy

and an adequate industrial base for research, design, maintenance,

etc., of these vessels, defined the term ''major combatant vessels

for the strike forces of the United States Navy'', required the

Secretary of Defense to report to Congress each calendar year on

the application of nuclear propulsion to these vessels, and

provided all requests for authorizations or appropriations for

these vessels be for the construction of nuclear powered vessels

unless the President advises Congress that such construction would

not be in the national interest and includes for consideration by

Congress an alternate program of nuclear powered ships, prior to

repeal by Pub. L. 95-485, title VIII, Sec. 810(c), Oct. 20, 1978,

92 Stat. 1623.

TONNAGE BALANCE FOR CONSTRUCTION OF SHIPS; REPEAL

Pub. L. 89-37, title III, Sec. 301, June 11, 1965, 79 Stat. 128,

provided that: ''Outstanding tonnage balances remaining in law for

construction of Navy ships are hereby repealed.''

CONSTRUCTION OF ALTERNATE VESSELS IN GOVERNMENT NAVY YARDS; PUBLIC

INTERESTS

Pub. L. 89-37, title III, Sec. 302, June 11, 1965, 79 Stat. 128,

which provided that construction of warships and escort vessels

follow alternate vessel Navy yard construction requirement of Act

of Mar. 27, 1934, 48 Stat. 503, except in any year President finds

it inconsistent with public interests, was repealed and restated as

section 7299a(a) of this title by Pub. L. 97-295, Sec. 1(48)(A),

6(b), Oct. 12, 1982, 96 Stat. 1298, 1314.

CONVERSION, ALTERATION, AND REPAIR PROJECTS; CONSIDERATIONS AND

REQUIREMENTS

Pub. L. 89-37, title III, Sec. 303, June 11, 1965, 79 Stat. 128,

which provided that assignment of naval ship conversion,

alteration, and repair projects would be made on basis of economic

and military considerations and would not be restricted by

requirements that certain portions of such naval shipwork be

assigned to particular types of shipyards or to particular

geographical areas or by similar requirements, was repealed and

restated as section 7299a(b) of this title by Pub. L. 97-295, Sec.

1(48)(A), 6(b), Oct. 12, 1982, 96 Stat. 1298, 1314.

-CITE-

10 USC Sec. 7292 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7292. Naming

-STATUTE-

(a) Not more than one vessel of the Navy may have the same name.

(b) Each battleship shall be named for a State. However, if the

names of all the States are in use, a battleship may be named for a

city, place, or person.

(c) The Secretary of the Navy may change the name of any vessel

bought for the Navy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7292(a) 34 U.S.C. 462. R.S. 1532.

7292(b) 34 U.S.C. 461. May 4, 1898, ch.

234, 30 Stat. 390

(2d sentence under

''Armor and

Armament''); May

13, 1908, ch. 166,

35 Stat. 159; June

29, 1949, ch. 278,

63 Stat. 300 (6th

par.).

7292(c) 34 U.S.C. 463. R.S. 1533.

-------------------------------

In subsection (a) the words ''care shall be taken that'' are

omitted as surplusage.

In subsection (b) the words ''first class'' are omitted as

obsolete.

In subsection (c) the words ''by authority of law'' are omitted

as surplusage.

-CITE-

10 USC Sec. 7293 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7293. Number in service in time of peace

-STATUTE-

In time of peace, the President may keep in service such vessels

of the Navy as are required and keep the rest in reserve.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7293 34 U.S.C. 452. R.S. 1534.

-------------------------------

The words ''vessels of the Navy'' are substituted for the words

''of the public armed vessels''. The words ''actual'', ''in his

opinion'', and ''by the nature of the service'' are omitted as

surplusage. The words ''in reserve'' are substituted for the words

''to be laid up in ordinary in convenient ports'' to conform to

modern terminology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6939d.

-CITE-

10 USC Sec. 7294 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7294. Suspension of construction in case of treaty

-STATUTE-

In case of a treaty for the limitation of naval armament to which

the United States is a signatory, the President may suspend so much

of the authorized naval construction as is necessary to bring the

naval vessels of the United States within the limitations agreed

upon. Such a suspension does not apply to vessels under

construction at the time the suspension is made.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7294 34 U.S.C. 498h (as May 17, 1938, ch.

applicable to 243, Sec. 9 (as

vessels). applicable to

vessels), 52 Stat.

403.

-------------------------------

The words ''the United States would welcome and support an

international conference for naval limitations'' are omitted as a

declaration of purpose without permanent or general significance.

The word ''further'' is omitted since there is no such agreement in

existence today. The word ''international'' is omitted as

unnecessary since the word ''treaty'' necessarily involves an

international understanding. The word ''may'' is substituted for

the words ''is hereby authorized and empowered to'' for brevity.

-CITE-

10 USC Sec. 7295 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7295. Vessels: under-age

-STATUTE-

Vessels of the following types are considered under-age for the

period after completion indicated below:

(1) Battleships - 26 years.

(2) Aircraft carriers - 20 years.

(3) Cruisers - 20 years.

(4) Submarines - 13 years.

(5) Other combatant surface vessels - 16 years.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7295 34 U.S.C. 498g-1. June 14, 1940, ch.

364, Sec. 7, 54

Stat. 395.

-------------------------------

-CITE-

10 USC Sec. 7296 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7296. Combatant surface vessels: notice before reduction in

number; preservation of surge capability

-STATUTE-

(a) Notice-and-Wait Before Reductions. - (1) A reduction

described in paragraph (2) in the number of combatant surface

vessels may only be carried out after -

(A) the Secretary of the Navy submits to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives a written notification of the proposed

reduction; and

(B) a period of 90 days has expired after the date on which

such notification is received.

(2) A reduction described in this paragraph in the number of

combatant surface vessels is a reduction -

(A) from 116, or a number greater than 116, to a number less

than 116; or

(B) from a number less than 116 to a lesser number.

(3) Any notification under paragraph (1)(A) shall include the

following:

(A) The schedule for the proposed reduction.

(B) The number of vessels that are to comprise the force of

combatant surface vessels after the reduction.

(C) A risk assessment for a force of combatant surface vessels

of the number specified under subparagraph (B) that is based on

the same assumptions as were applied in the QDR 2001 combatant

surface force risk assessment.

(b) Preservation of Surge Capability. - Whenever the number of

combatant surface vessels is less than 116, the Secretary of the

Navy shall maintain on the Naval Vessel Register a sufficient

number of combatant surface vessels to enable the Navy to regain a

force of combatant surface vessels numbering not less than 116

within 120 days after the date of any decision by the President to

increase the number of combatant surface vessels.

(c) Definitions. - In this section:

(1) The term ''combatant surface vessels'' means cruisers,

destroyers, and frigates that are in active service in the Navy

or in active reserve service in the Navy.

(2) The term ''QDR 2001 combatant surface force risk

assessment'' means the risk assessment associated with a force of

combatant surface vessels numbering 116 that is set forth in the

report on the quadrennial defense review submitted to Congress on

September 30, 2001, under section 118 of this title.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1021(b)(1), Dec. 2,

2002, 116 Stat. 2638.)

-MISC1-

PRIOR PROVISIONS

A prior section 7296, act Aug. 10, 1956, ch. 1041, 70A Stat. 449,

related to availability for other purposes of appropriations for

construction or conversion of vessels, prior to repeal by Pub. L.

103-160, div. A, title VIII, Sec. 824(a)(5), Nov. 30, 1993, 107

Stat. 1707.

EFFECTIVE DATE

Pub. L. 107-314, div. A, title X, Sec. 1021(c), Dec. 2, 2002,

116 Stat. 2639, provided that: ''The provisions of subparagraph (B)

of subsection (a)(1) of section 7296 of title 10, United States

Code, as added by subsection (b)(1) of this section, shall apply

only with respect to notifications submitted under subparagraph (A)

of that subsection on or after January 15, 2003.''

-CITE-

10 USC Sec. 7297 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7297. Changing category or type: limitations

-STATUTE-

Unless they have been specifically made available for the

purpose, funds appropriated for the repair or alteration of naval

vessels may not be used to make repairs or alterations of any

vessel that would change its category or type.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7297 34 U.S.C. 490. June 12, 1948, ch.

452, Sec. 2, 62

Stat. 382.

-------------------------------

-CITE-

10 USC Sec. 7298 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

(Sec. 7298. Repealed. Pub. L. 103-160, div. A, title VIII, Sec.

824(a)(6), Nov. 30, 1993, 107 Stat. 1707)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to

conversion of combatant and auxiliary naval vessels.

-CITE-

10 USC Sec. 7299 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7299. Contracts: applicability of Walsh-Healey Act

-STATUTE-

Each contract for the construction, alteration, furnishing, or

equipping of a naval vessel is subject to the Walsh-Healey Act (41

U.S.C. 35 et seq.) unless the President determines that this

requirement is not in the interest of national defense.

-SOURCE-

(Added Pub. L. 104-106, div. A, title VIII, Sec. 815(a), Feb. 10,

1996, 110 Stat. 396.)

-REFTEXT-

REFERENCES IN TEXT

The Walsh-Healey Act, referred to in text, is act June 30, 1936,

ch. 881, 49 Stat. 2036, as amended, which is classified generally

to sections 35 to 45 of Title 41, Public Contracts. For complete

classification of this Act to the Code, see Short Title note set

out under section 35 of Title 41 and Tables. See, also, section 262

of Title 29, Labor.

-MISC2-

PRIOR PROVISIONS

A prior section 7299, acts Aug. 10, 1956, ch. 1041, 70A Stat.

449; Aug. 25, 1958, Pub. L. 85-747, 72 Stat. 839; Dec. 12, 1980,

Pub. L. 96-513, title V, Sec. 513(26), 94 Stat. 2932; Oct. 12,

1982, Pub. L. 97-295, Sec. 1(47), 96 Stat. 1298, directed that each

contract for construction, alteration, furnishing, or equipping of

naval vessel was subject to the Walsh-Healey Act, unless President

determined that such requirement was not in interest of national

defense, prior to repeal by Pub. L. 103-355, title III, Sec.

3023(a), Oct. 13, 1994, 108 Stat. 3333.

-CITE-

10 USC Sec. 7299a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7299a. Construction of combatant and escort vessels and

assignment of vessel projects

-STATUTE-

(a) The assignment of naval vessel conversion, alteration, and

repair projects shall be based on economic and military

considerations and may not be restricted by a requirement that

certain parts of naval shipwork be assigned to a particular type of

shipyard or geographical area or by a similar requirement.

(b) In evaluating bids or proposals for a contract for the

overhaul, repair, or maintenance of a naval vessel, the Secretary

of the Navy shall, in determining the cost or price of work to be

performed in an area outside the area of the homeport of the

vessel, consider foreseeable costs of moving the vessel and its

crew from the homeport to the outside area and from the outside

area back to the homeport at the completion of the contract.

(c)(1) Before issuing a solicitation for a contract for

short-term work for the overhaul, repair, or maintenance of a naval

vessel, the Secretary of the Navy shall determine if there is

adequate competition available among firms able to perform the work

at the homeport of the vessel. If the Secretary determines that

there is adequate competition among such firms, the Secretary -

(A) shall issue such a solicitation only to firms able to

perform the work at the homeport of the vessel; and

(B) may not award such contract to a firm other than a firm

that will perform the work at the homeport of the vessel.

(2) Paragraph (1) applies notwithstanding subsection (a) or any

other provision of law.

(3) Paragraph (1) does not apply in the case of voyage repairs.

(4) In this subsection, the term ''short-term work'' means work

that will be for a period of six months or less.

-SOURCE-

(Added Pub. L. 97-295, Sec. 1(48)(A), Oct. 12, 1982, 96 Stat. 1298;

amended Pub. L. 99-661, div. A, title XII, Sec. 1201(a), Nov. 14,

1986, 100 Stat. 3967; Pub. L. 100-180, div. A, title XI, Sec.

1101, Dec. 4, 1987, 101 Stat. 1145; Pub. L. 101-510, div. A, title

XIV, Sec. 1422, Nov. 5, 1990, 104 Stat. 1682; Pub. L. 102-484,

div. A, title X, Sec. 1016, Oct. 23, 1992, 106 Stat. 2485.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7299a 10:7291 (note). June 11, 1965, Pub.

L. 89-37, Sec. 302,

303, 79 Stat. 128.

-------------------------------

In subsection (a), the words ''combatant vessels'' are

substituted for ''warships'' for consistency in title 10 and

because of 1:3. The words ''for which appropriations are authorized

by this Act and hereafter'' are omitted as unnecessary.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-484, Sec. 1016(a), (b)(1),

redesignated subsec. (b) as (a) and struck out former subsec. (a)

which read as follows: ''The distribution of assignments and

contracts for the construction of combatant vessels and escort

vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat.

503), requiring that the first and each succeeding alternate vessel

be constructed in a Navy yard. However, the President may direct

that a vessel be constructed in a Navy or private yard if the

requirement of this subsection is inconsistent with the public

interest.''

Subsec. (b). Pub. L. 102-484, Sec. 1016(b)(1), redesignated

subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsecs. (c), (d). Pub. L. 102-484, Sec. 1016(b), redesignated

subsec. (d) as (c) and substituted ''subsection (a)'' for

''subsection (b)'' in par. (2). Former subsec. (c) redesignated

(b).

1990 - Subsec. (d)(3). Pub. L. 101-510 substituted ''apply in the

case of voyage repairs.'' for ''apply -

''(A) in the case of voyage repairs; or

''(B) in the case of a vessel that is assigned to the Naval

Reserve force and homeported on the West Coast of the United

States.''

1987 - Subsec. (d). Pub. L. 100-180 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''(1) Notwithstanding subsections (b) and (c), the Secretary may

award a contract for short-term work for the overhaul, repair, or

maintenance of a naval vessel only to a contractor that is able to

perform the work at the homeport of the vessel, if the Secretary

determines that adequate competition is available among firms able

to perform the work at the homeport of the vessel.

''(2) In this subsection, the term 'short-term work' means work

that will be for a period of six months or less.''

1986 - Subsecs. (c), (d). Pub. L. 99-661 added subsecs. (c) and

(d).

-TRANS-

DELEGATION OF AUTHORITY

For delegation of authority of President under subsec. (a) of

this section, see section 2 of Ex. Ord. No. 12765, June 11, 1991,

56 F.R. 27401, set out as a note under section 113 of this title.

-CITE-

10 USC Sec. 7300 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7300. Contracts for nuclear ships: sales of naval shipyard

articles and services to private shipyards

-STATUTE-

The conditions set forth in section 2208(j)(1)(B) of this title

and subsections (a)(1) and (c)(1)(A) of section 2563 of this title

shall not apply to a sale by a naval shipyard of articles or

services to a private shipyard that is made at the request of the

private shipyard in order to facilitate the private shipyard's

fulfillment of a Department of Defense contract with respect to a

nuclear ship. This section does not authorize a naval shipyard to

construct a nuclear ship for the private shipyard, to perform a

majority of the work called for in a contract with a private

entity, or to provide articles or services not requested by the

private shipyard.

-SOURCE-

(Added Pub. L. 106-65, div. A, title X, Sec. 1016(a), Oct. 5,

1999, 113 Stat. 744; amended Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1033(c)(3)), Oct. 30, 2000, 114 Stat. 1654,

1654A-261.)

-MISC1-

PRIOR PROVISIONS

A prior section 7300, act Aug. 10, 1956, ch. 1041, 70A, Stat.

450, related to profit limitations on contracts for construction of

naval vessels, prior to repeal by Pub. L. 97-86, title IX, Sec.

911(b)(1), Dec. 1, 1981, 95 Stat. 1122.

AMENDMENTS

2000 - Pub. L. 106-398 substituted ''section 2563'' for ''section

2553''.

-CITE-

10 USC Sec. 7301 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

(Sec. 7301. Repealed. Pub. L. 103-160, div. A, title VIII, Sec.

824(a)(7), Nov. 30, 1993, 107 Stat. 1707)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 450, related to

estimates required for bids on construction of naval vessels.

-CITE-

10 USC Sec. 7302 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

(Sec. 7302. Repealed. Pub. L. 103-355, title III, Sec. 3024(a),

Oct. 13, 1994, 108 Stat. 3334)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 451, directed

Department of the Navy to construct on U.S. Pacific Coast such

vessels as President determined necessary to maintain shipyard

facilities there adequate to meet requirements of national defense.

-CITE-

10 USC Sec. 7303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7303. Model Basin; investigation of hull designs

-STATUTE-

(a) An office or agency in the Department of the Navy designated

by the Secretary of the Navy shall conduct at the David W. Taylor

Model Basin, Carderock, Maryland, investigations to determine the

most suitable shapes and forms for United States vessels and

aircraft and investigations of other problems of their design.

(b) The Secretary of the Navy may authorize experiments to be

made at the Model Basin for private persons. The costs of

experiments made for private persons shall be paid by those persons

under regulations prescribed by the Secretary. The results of

private experiments are confidential and may not be divulged

without the consent of the persons for whom they are made.

However, the data obtained from such experiments may be used by the

Secretary for governmental purposes, subject to the patent laws of

the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Pub. L. 89-718, Sec. 41,

Nov. 2, 1966, 80 Stat. 1120.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7303 5 U.S.C. 430a. May 6, 1936, ch.

333, 49 Stat. 1263;

June 20, 1940, ch.

400, Sec. 1(a),

(b), 54 Stat. 492.

-------------------------------

In subsection (a) the authority to purchase a site and construct

the model basin is omitted as executed. The words ''David W.

Taylor Model Basin, Carderock, Maryland'' are inserted to designate

the model basin established under this authority. The words

''investigations to determine'' are substituted for the words

''work of investigating and determining.'' The phrase ''vessels,

including aircraft'' is changed to read ''vessels and aircraft'',

and the words ''their design'' are substituted for ''ship design''.

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-718 substituted ''An officer or

agency of the Department of the Navy designated by the Secretary of

the Navy'' for ''The Bureau of Ships''.

-CITE-

10 USC Sec. 7304 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7304. Examination of vessels; striking of vessels from Naval

Vessel Register

-STATUTE-

(a) Boards of Officers To Examine Naval Vessels. - The Secretary

of the Navy shall designate boards of naval officers to examine

naval vessels, including unfinished vessels, for the purpose of

making a recommendation to the Secretary as to which vessels, if

any, should be stricken from the Naval Vessel Register. Each vessel

shall be examined at least once every three years if practicable.

(b) Actions by Board. - A board designated under subsection (a)

shall submit to the Secretary in writing its recommendations as to

which vessels, if any, among those it examined should be stricken

from the Naval Vessel Register.

(c) Action by Secretary. - If the Secretary concurs with a

recommendation by a board that a vessel should be stricken from the

Naval Vessel Register, the Secretary shall strike the name of that

vessel from the Naval Vessel Register.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1708.)

-MISC1-

PRIOR PROVISIONS

A prior section 7304, act Aug. 10, 1956, ch. 1041, 70A Stat. 451,

related to examination of vessels by board and striking of unfit

vessels from Naval Vessel Register, prior to repeal by Pub. L.

103-160, Sec. 824(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7305 of this title; title

42 section 6939d.

-CITE-

10 USC Sec. 7305 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7305. Vessels stricken from Naval Vessel Register: sale

-STATUTE-

(a) Appraisal of Vessels Stricken From Naval Vessel Register. -

The Secretary of the Navy shall appraise each vessel stricken from

the Naval Vessel Register under section 7304 of this title.

(b) Authority To Sell Vessel. - If the Secretary considers that

the sale of the vessel is in the national interest, the Secretary

may sell the vessel. Any such sale shall be in accordance with

regulations prescribed by the Secretary for the purposes of this

section.

(c) Procedures for Sale. - (1) A vessel stricken from the Naval

Vessel Register and not subject to disposal under any other law may

be sold under this section.

(2) In such a case, the Secretary may -

(A) sell the vessel to the highest acceptable bidder,

regardless of the appraised value of the vessel, after publicly

advertising the sale of the vessel for a period of not less than

30 days; or

(B) subject to paragraph (3), sell the vessel by competitive

negotiation to the acceptable offeror who submits the offer that

is most advantageous to the United States (taking into account

price and such other factors as the Secretary determines

appropriate).

(3) Before entering into negotiations to sell a vessel under

paragraph (2)(B), the Secretary shall publish notice of the

intention to do so in the Commerce Business Daily sufficiently in

advance of initiating the negotiations that all interested parties

are given a reasonable opportunity to prepare and submit

proposals. The Secretary shall afford an opportunity to

participate in the negotiations to all acceptable offerors

submitting proposals that the Secretary considers as having the

potential to be the most advantageous to the United States (taking

into account price and such other factors as the Secretary

determines appropriate).

(d) Applicability. - This section does not apply to a vessel the

disposal of which is authorized by subtitle I of title 40 and title

III of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.), if it is to be disposed of under subtitle

I of title 40 and title III.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1708; amended Pub. L. 105-85, div. A, title X,

Sec. 1021, Nov. 18, 1997, 111 Stat. 1875; Pub. L. 107-217, Sec.

3(b)(28), Aug. 21, 2002, 116 Stat. 1297.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7305, acts Aug. 10, 1956, ch. 1041, 70A Stat.

451; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 513(27), 94 Stat.

2933, related to sale of vessels stricken from Naval Vessel

Register, prior to repeal by Pub. L. 103-160, Sec. 824(b).

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-217 inserted ''subtitle I of

title 40 and title III of'' before ''the Federal Property and

Administrative Services Act of 1949'' and substituted ''(41 U.S.C.

251 et seq.)'' for ''(40 U.S.C. 471 et seq.)'' and ''subtitle I of

title 40 and title III'' for ''that Act''.

1997 - Subsec. (c). Pub. L. 105-85 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

''(c) Procedures for Sale. - (1) A vessel stricken from the Naval

Vessel Register and not subject to disposal under any other law may

be sold under this section. In such a case, the Secretary may sell

the vessel to the highest acceptable bidder, regardless of the

appraised value of the vessel, after the vessel is publicly

advertised for sale for a period of not less than 30 days.

''(2) If the Secretary determines that the bid prices for a

vessel received after advertising under paragraph (1) are not

acceptable and that readvertising will serve no useful purpose, the

Secretary may sell the vessel by negotiation to the highest

acceptable bidder if -

''(A) each responsible bidder has been notified of intent to

negotiate and has been given a reasonable opportunity to

negotiate; and

''(B) the negotiated price is -

''(i) higher than the highest rejected price of any

responsible bidder; or

''(ii) reasonable and in the national interest.''

-EXEC-

EXECUTIVE ORDER NO. 11765

Ex. Ord. No. 11765, Jan. 21, 1974, 39 F.R. 2577, related to sale

of vessels of the Navy stricken from Naval Vessel Register pursuant

to section 7304 of this title regardless of their appraised value

under authority of former subsec. (l) of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6939d.

-CITE-

10 USC Sec. 7306 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7306. Vessels stricken from Naval Vessel Register; captured

vessels: transfer by gift or otherwise

-STATUTE-

(a) Authority To Make Transfer. - Subject to section 113 of title

40, the Secretary of the Navy may transfer, by gift or otherwise,

any vessel stricken from the Naval Vessel Register, or any captured

vessel, to -

(1) any State, Commonwealth, or possession of the United States

or any municipal corporation or political subdivision thereof;

(2) the District of Columbia; or

(3) any not-for-profit or nonprofit entity.

(b) Vessel To Be Maintained in Condition Satisfactory to

Secretary. - An agreement for the transfer of a vessel under

subsection (a) shall include a requirement that the transferee will

maintain the vessel in a condition satisfactory to the Secretary.

(c) Transfers To Be at No Cost to United States. - Any transfer

of a vessel under this section shall be made at no cost to the

United States.

(d) Congressional Notice-and-Wait Period. - (1) A transfer under

this section may not take effect until -

(A) the Secretary submits to Congress notice of the proposed

transfer; and

(B) 30 days of a session of Congress have expired following the

date on which the notice is sent to Congress.

(2) For purposes of paragraph (1)(B) -

(A) the period of a session of Congress is broken only by an

adjournment of Congress sine die at the end of the final session

of a Congress; and

(B) any day on which either House of Congress is not in session

because of an adjournment of more than 3 days to a day certain,

or because of an adjournment sine die at the end of the first

session of a Congress, shall be excluded in the computation of

such 30-day period.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1709; amended Pub. L. 106-65, div. A, title X,

Sec. 1011, Oct. 5, 1999, 113 Stat. 739; Pub. L. 107-217, Sec.

3(b)(29), Aug. 21, 2002, 116 Stat. 1297.)

-MISC1-

PRIOR PROVISIONS

A prior section 7306, acts Aug. 10, 1956, ch. 1041, 70A Stat.

452; Nov. 8, 1965, Pub. L. 89-348, Sec. 1(10), 79 Stat. 1311; Nov.

2, 1966, Pub. L. 89-718, Sec. 42, 80 Stat. 1120; Nov. 29, 1989,

Pub. L. 101-189, div. A, title XVI, Sec. 1616, 103 Stat. 1602,

related to use of vessels stricken from the Naval Vessel Register

for experimental purposes, prior to repeal by Pub. L. 103-160, Sec.

824(b). See section 7306a of this title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-217 substituted ''section 113 of

title 40'' for ''subsections (c) and (d) of section 602 of the

Federal Property and Administrative Services Act of 1949 (40 U.S.C.

474)''.

1999 - Subsec. (d). Pub. L. 106-65 amended heading and text of

subsec. (d) generally. Text read as follows:

''(1) No transfer under this section takes effect unless -

''(A) notice of the proposal to make the transfer is sent to

Congress; and

''(B) 60 days of continuous session of Congress have expired

following the date on which such notice is sent to Congress.

''(2) For purposes of paragraph (1)(B), the continuity of a

session of Congress is broken only by an adjournment of the

Congress sine die, and the days on which either House is not in

session because of an adjournment of more than 3 days to a day

certain are excluded in the computation of such 60-day period.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6939d.

-CITE-

10 USC Sec. 7306a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7306a. Vessels stricken from Naval Vessel Register: use for

experimental purposes

-STATUTE-

(a) Authority. - The Secretary of the Navy may use for

experimental purposes any vessel stricken from the Naval Vessel

Register.

(b) Stripping Vessel. - (1) Before using a vessel for an

experimental purpose pursuant to subsection (a), the Secretary

shall carry out such stripping of the vessel as is practicable.

(2) Amounts received as proceeds from the stripping of a vessel

pursuant to this subsection shall be credited to appropriations

available for the procurement of scrapping services needed for such

stripping. Amounts received which are in excess of amounts needed

for procuring such services shall be deposited into the general

fund of the Treasury.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1709.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 7306 of this title prior to repeal by Pub. L. 103-160.

-CITE-

10 USC Sec. 7307 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7307. Disposals to foreign nations

-STATUTE-

(a) Larger or Newer Vessels. - A naval vessel that is in excess

of 3,000 tons or that is less than 20 years of age may not be

disposed of to another nation (whether by sale, lease, grant, loan,

barter, transfer, or otherwise) unless the disposition of that

vessel is approved by law enacted after August 5, 1974. A lease or

loan of such a vessel under such a law may be made only in

accordance with the provisions of chapter 6 of the Arms Export

Control Act (22 U.S.C. 2796 et seq.) or chapter 2 of part II of the

Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.).

(b) Other Vessels. - (1) A naval vessel not subject to subsection

(a) may be disposed of to another nation (whether by sale, lease,

grant, loan, barter, transfer, or otherwise) in accordance with

applicable provisions of law, but only after -

(A) the Secretary of the Navy notifies the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives in writing of the proposed disposition;

and

(B) 30 days of continuous session of Congress have expired

following the date on which such notice is sent to those

committees.

(2) For purposes of paragraph (1)(B), the continuity of a session

of Congress is broken only by an adjournment of the Congress sine

die, and the days on which either House is not in session because

of an adjournment of more than 3 days to a day certain are excluded

in the computation of such 30-day period.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1709; amended Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65,

div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 6 of

that Act is classified generally to subchapter VI (Sec. 2796 et

seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse.

For complete classification of this Act to the Code, see Short

Title note set out under section 2751 of Title 22 and Tables.

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Chapter 2 of part II of that Act is classified generally to part II

(Sec. 2311 et seq.) of subchapter II of chapter 32 of Title 22. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of Title 22 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7307, acts Aug. 10, 1956, ch. 1041, 70A Stat.

452; Aug. 5, 1974, Pub. L. 93-365, title VII, Sec. 702, 88 Stat.

405; Oct. 5, 1976, Pub. L. 94-457, Sec. 2, 90 Stat. 1938; Dec. 12,

1980, Pub. L. 96-513, title V, Sec. 513(28), 94 Stat. 2933; Aug. 8,

1985, Pub. L. 99-83, title I, Sec. 122, 99 Stat. 204; Nov. 5, 1990,

Pub. L. 101-510, div. A, title XIV, Sec. 1484(b)(4), 104 Stat.

1716, related to restrictions on disposal of certain Navy ships,

prior to repeal by Pub. L. 103-160, Sec. 824(b).

AMENDMENTS

1999 - Subsec. (b)(1)(A). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b)(1)(A). Pub. L. 104-106 substituted ''Committee

on Armed Services of the Senate and the Committee on National

Security of the House of Representatives'' for ''Committees on

Armed Services of the Senate and House of Representatives''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2433 of this title; title

22 section 2793; title 42 section 6939d; title 50 section 415.

-CITE-

10 USC Sec. 7308 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7308. Chief of Naval Operations: certification required for

disposal of combatant vessels

-STATUTE-

Notwithstanding any other provision of law, no combatant vessel

of the Navy may be sold, transferred, or otherwise disposed of

unless the Chief of Naval Operations certifies that it is not

essential to the defense of the United States.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1710.)

-MISC1-

PRIOR PROVISIONS

A prior section 7308, acts Aug. 10, 1956, ch. 1041, 70A Stat.

453; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 513(29), 94 Stat.

2933; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec.

1234(a)(6), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101-510, div. A,

title XIV, Sec. 1427, 104 Stat. 1685, related to transfer or gift

of obsolete, condemned, and captured vessels, prior to repeal by

Pub. L. 103-160, Sec. 824(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6939d.

-CITE-

10 USC Sec. 7309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7309. Construction of vessels in foreign shipyards:

prohibition

-STATUTE-

(a) Prohibition. - Except as provided in subsection (b), no

vessel to be constructed for any of the armed forces, and no major

component of the hull or superstructure of any such vessel, may be

constructed in a foreign shipyard.

(b) Presidential Waiver for National Security Interest. - (1) The

President may authorize exceptions to the prohibition in subsection

(a) when the President determines that it is in the national

security interest of the United States to do so.

(2) The President shall transmit notice to Congress of any such

determination, and no contract may be made pursuant to the

exception authorized until the end of the 30-day period beginning

on the date on which the notice of the determination is received by

Congress.

(c) Exception for Inflatable Boats. - An inflatable boat or a

rigid inflatable boat, as defined by the Secretary of the Navy, is

not a vessel for the purpose of the restriction in subsection (a).

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 824(b), Nov. 30,

1993, 107 Stat. 1710.)

-MISC1-

PRIOR PROVISIONS

A prior section 7309, added Pub. L. 97-252, title XI, Sec.

1127(a), Sept. 8, 1982, 96 Stat. 758; amended Pub. L. 98-473, title

I, Sec. 101(h) (title VIII, Sec. 8095), Oct. 12, 1984, 98 Stat.

1904, 1941; Pub. L. 99-145, title XIII, Sec. 1303(a)(24)(A), Nov.

8, 1985, 99 Stat. 740; Pub. L. 100-180, div. A, title XI, Sec.

1103, Dec. 4, 1987, 101 Stat. 1146; Pub. L. 100-456, div. A, title

XII, Sec. 1224(a), (b)(1), Sept. 29, 1988, 102 Stat. 2054; Pub. L.

101-189, div. A, title XVI, Sec. 1622(c)(8), Nov. 29, 1989, 103

Stat. 1604; Pub. L. 102-190, div. A, title X, Sec. 1017, Dec. 5,

1991, 105 Stat. 1459; Pub. L. 102-484, div. A, title X, Sec. 1012,

Oct. 23, 1992, 106 Stat. 2483, related to restrictions on

construction and repair of vessels in foreign shipyards, prior to

repeal by Pub. L. 103-160, Sec. 824(b).

-TRANS-

DELEGATION OF AUTHORITY

For delegation of authority of President under subsec. (b) of

this section, see section 3 of Ex. Ord. No. 12765, June 11, 1991,

56 F.R. 27401, set out as a note under section 113 of this title.

-CITE-

10 USC Sec. 7310 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7310. Overhaul, repair, etc. of vessels in foreign shipyards:

restrictions

-STATUTE-

(a) Vessels With Homeport in United States. - A naval vessel (or

any other vessel under the jurisdiction of the Secretary of the

Navy) the homeport of which is in the United States may not be

overhauled, repaired, or maintained in a shipyard outside the

United States or Guam, other than in the case of voyage repairs.

(b) Vessel Changing Homeports. - (1) In the case of a naval

vessel the homeport of which is not in the United States (or a

territory of the United States), the Secretary of the Navy may not

during the 15-month period preceding the planned reassignment of

the vessel to a homeport in the United States (or a territory of

the United States) begin any work for the overhaul, repair, or

maintenance of the vessel that is scheduled to be for a period of

more than six months.

(2) In the case of a naval vessel the homeport of which is in the

United States (or a territory of the United States), the Secretary

of the Navy shall during the 15-month period preceding the planned

reassignment of the vessel to a homeport not in the United States

(or a territory of the United States) perform in the United States

(or a territory of the United States) any work for the overhaul,

repair, or maintenance of the vessel that is scheduled -

(A) to begin during the 15-month period; and

(B) to be for a period of more than six months.

-SOURCE-

(Added and amended Pub. L. 103-160, div. A, title III, Sec. 367,

title VIII, Sec. 824(b), Nov. 30, 1993, 107 Stat. 1632, 1710; Pub.

L. 104-106, div. A, title X, Sec. 1017, Feb. 10, 1996, 110 Stat.

425.)

-MISC1-

PRIOR PROVISIONS

A prior section 7310, added Pub. L. 97-295, Sec. 1(49)(A), Oct.

12, 1982, 96 Stat. 1298, related to policy for constructing

combatant vessels, prior to repeal by Pub. L. 103-160, Sec.

824(a)(8).

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106 inserted ''or Guam'' after

''outside the United States''.

1993 - Subsec. (b). Pub. L. 103-160, Sec. 367, amended subsec.

(b) generally, designating existing provisions as par. (1) and

adding par. (2).

-CITE-

10 USC Sec. 7311 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7311. Repair or maintenance of naval vessels: handling of

hazardous waste

-STATUTE-

(a) Contractual Provisions. - The Secretary of the Navy shall

ensure that each contract entered into for work on a naval vessel

(other than new construction) includes the following provisions:

(1) Identification of hazardous wastes. - A provision in which

the Navy identifies the types and amounts of hazardous wastes

that are required to be removed by the contractor from the

vessel, or that are expected to be generated, during the

performance of work under the contract, with such identification

by the Navy to be in a form sufficient to enable the contractor

to comply with Federal and State laws and regulations on the

removal, handling, storage, transportation, or disposal of

hazardous waste.

(2) Compensation. - A provision specifying that the contractor

shall be compensated under the contract for work performed by the

contractor for duties of the contractor specified under paragraph

(3).

(3) Statement of work. - A provision specifying the

responsibilities of the Navy and of the contractor, respectively,

for the removal (including the handling, storage, transportation,

and disposal) of hazardous wastes.

(4) Accountability for hazardous wastes. - (A) A provision

specifying the following:

(i) In any case in which the Navy is the sole generator of

hazardous waste that is removed, handled, stored, transported,

or disposed of by the contractor in the performance of the

contract, all contracts, manifests, invoices, and other

documents related to the removal, handling, storage,

transportation, or disposal of such hazardous waste shall bear

a generator identification number issued to the Navy pursuant

to applicable law.

(ii) In any case in which the contractor is the sole

generator of hazardous waste that is removed, handled, stored,

transported, or disposed of by the contractor in the

performance of the contract, all contracts, manifests,

invoices, and other documents related to the removal, handling,

storage, transportation, or disposal of such hazardous waste

shall bear a generator identification number issued to the

contractor pursuant to applicable law.

(iii) In any case in which both the Navy and the contractor

are generators of hazardous waste that is removed, handled,

stored, transported, or disposed of by the contractor in the

performance of the contract, all contracts, manifests,

invoices, and other documents related to the removal, handling,

storage, transportation, or disposal of such hazardous waste

shall bear both a generator identification number issued to the

Navy and a generator identification number issued to the

contractor pursuant to applicable law.

(B) A determination under this paragraph of whether the Navy is

a generator, a contractor is a generator, or both the Navy and a

contractor are generators, shall be made in the same manner

provided under subtitle C of the Solid Waste Disposal Act (42

U.S.C. 6921 et seq.) and regulations promulgated under that

subtitle.

(b) Renegotiation of Contract. - The Secretary of the Navy shall

renegotiate a contract described in subsection (a) if -

(1) the contractor, during the performance of work under the

contract, discovers hazardous wastes different in type or amount

from those identified in the contract; and

(2) those hazardous wastes originated on, or resulted from

material furnished by the Government for, the naval vessel on

which the work is being performed.

(c) Removal of Wastes. - The Secretary of the Navy shall remove

known hazardous wastes from a vessel before the vessel's arrival at

a contractor's facility for performance of a contract, to the

extent such removal is feasible.

(d) Relationship to Solid Waste Disposal Act. - Nothing in this

section shall be construed as altering or otherwise affecting those

provisions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)

that relate to generators of hazardous waste. For purposes of this

section, any term used in this section for which a definition is

provided by the Solid Waste Disposal Act (or regulations

promulgated pursuant to such Act) has the meaning provided by that

Act or regulations.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XII, Sec. 1202(a), Nov. 14,

1986, 100 Stat. 3967; amended Pub. L. 101-189, div. A, title XVI,

Sec. 1611(a), Nov. 29, 1989, 103 Stat. 1599.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsecs. (a)(4)(B)

and (d), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat.

997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976,

90 Stat. 2795, which is classified generally to chapter 82 (Sec.

6901 et seq.) of Title 42, The Public Health and Welfare. Subtitle

C of the Solid Waste Disposal Act is classified generally to

subchapter III (Sec. 6921 et seq.) of chapter 82 of Title 42. For

complete classification of this Act to the Code, see Short Title

note set out under section 6901 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1989 - Pub. L. 101-189 amended section generally, substituting

subsecs. (a) to (d) for former subsecs. (a) relating to contractual

provisions, and (b) relating to renegotiation of contract.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 1611(b) of Pub. L. 101-189 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to any contract for work on a naval vessel (other than new

construction) entered into after the end of the 90-day period

beginning on the date of the enactment of this Act (Nov. 29,

1989).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 6939d.

-CITE-

10 USC Sec. 7312 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

(Sec. 7312. Repealed. Pub. L. 103-355, title II, Sec. 2001(j)(1),

Oct. 13, 1994, 108 Stat. 3303)

-MISC1-

Section, added Pub. L. 100-180, div. A, title XI, Sec.

1102(a)(1), Dec. 4, 1987, 101 Stat. 1145; amended Pub. L. 100-456,

div. A, title XII, Sec. 1223, Sept. 29, 1988, 102 Stat. 2054; Pub.

L. 101-189, div. A, title XVI, Sec. 1612, Nov. 29, 1989, 103 Stat.

1601, related to progress payments under certain contracts for

repair or maintenance of naval vessels. See section 2307(g) of

this title.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 10001

of Pub. L. 103-355 set out as an Effective Date of 1994 Amendment

note under section 251 of Title 41, Public Contracts.

-CITE-

10 USC Sec. 7313 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7313. Ship overhaul work: availability of appropriations for

unusual cost overruns and for changes in scope of work

-STATUTE-

(a) Unusual Cost Overruns. - (1) Appropriations available to the

Department of Defense for a fiscal year may be used for payment of

unusual cost overruns incident to ship overhaul, maintenance, and

repair for a vessel inducted into an industrial-fund activity or

contracted for during a prior fiscal year.

(2) The Secretary of Defense shall notify Congress promptly

before an obligation is incurred for any payment under paragraph

(1).

(b) Changes in Scope of Work. - An appropriation available to the

Department of Defense for a fiscal year may be used after the

otherwise-applicable expiration of the availability for obligation

of that appropriation -

(1) for payments to an industrial-fund activity for amounts

required because of changes in the scope of work for ship

overhaul, maintenance, and repair, in the case of work inducted

into the industrial-fund activity during the fiscal year; and

(2) for payments under a contract for amounts required because

of changes in the scope of work, in the case of a contract

entered into during the fiscal year for ship overhaul,

maintenance, and repair.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(n)(1), July 19, 1988, 102 Stat.

850.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-190, Sec. 101(b) (title VIII, Sec.

8005(j), (k)), Dec. 19, 1985, 99 Stat. 1185, 1203.

In two instances, the source law to be codified by the bill

includes provisions that on their face require that the Department

of Defense notify Congress of certain actions. These notification

requirements were terminated by section 602 of the

Goldwater-Nichols Department of Defense Reorganization Act of 1986

(Public Law 99-433), which terminated all recurring reporting

requirements applicable to the Department of Defense except for

those requirements that were specifically exempted in that

section. The source law sections are sections 8009(c) and 8005(j)

(proviso) of the FY86 defense appropriations Act (Public Law

99-190), enacted December 19, 1985, which would be codified as

section 2201 of title 10 (by section 1(d) of the bill) and section

7313(a) of title 10 (by section 1(n) of the bill). In codifying

the authorities provided the Department of Defense by these two

provisions of law, the committee believes that it is appropriate to

reinstate the congressional notification requirements that go with

those authorities. These sections were recurring annual

appropriation provisions for many years and were made permanent

only months before the enactment of the 1986 Reorganization Act. It

is the committee's belief that the failure to exempt these

provisions from the general reports termination provision was

inadvertent and notes that the notification provisions had in fact

previously applied to the Department of Defense for many years.

The action of the committee restores the status quo as it existed

before the Reorganization Act.

-COD-

CODIFICATION

Another section 7313 of this title was renumbered section 7314.

-CITE-

10 USC Sec. 7314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7314. Overhaul of naval vessels: competition between public

and private shipyards

-STATUTE-

The Secretary of the Navy should ensure, in any case in which the

Secretary awards a project for repair, alteration, overhaul, or

conversion of a naval vessel following competition between public

and private shipyards, that each of the following criteria is met:

(1) The bid of any public shipyard for the award includes -

(A) the full costs to the United States associated with

future retirement benefits of civilian employees of that

shipyard consistent with computation methodology established by

Office of Management and Budget Circular A-76; and

(B) in a case in which equal access to the Navy supply system

is not allowed to public and private shipyards, a pro rata

share of the costs of the Navy supply system.

(2) Costs applicable to oversight of the contract by the

appropriate Navy supervisor of shipbuilding, conversion, and

repair are added to the bid of any private shipyard for the

purpose of comparability analysis.

(3) The award is made using the results of the comparability

analysis.

-SOURCE-

(Added Pub. L. 100-456, div. A, title XII, Sec. 1225(a)(1), Sept.

29, 1988, 102 Stat. 2054, Sec. 7313; renumbered Sec. 7314, Pub. L.

101-189, div. A, title XVI, Sec. 1622(a), Nov. 29, 1989, 103 Stat.

1604.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-189 renumbered section 7313 of this title as

this section.

EFFECTIVE DATE

Section 1225(b) of Pub. L. 100-456 provided that: ''Section 7313

(now 7314) of title 10, United States Code, as added by subsection

(a), applies to any award by the Secretary of the Navy made after

the end of the 30-day period beginning on the date of the enactment

of this Act (Sept. 29, 1988) for repair, alteration, overhaul, or

conversion of a naval vessel following competition between public

and private shipyards.''

-CITE-

10 USC Sec. 7315 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 633 - NAVAL VESSELS

-HEAD-

Sec. 7315. Preservation of Navy shipbuilding capability

-STATUTE-

(a) Shipbuilding Capability Preservation Agreements. - The

Secretary of the Navy may enter into an agreement, to be known as a

''shipbuilding capability preservation agreement'', with a

shipbuilder under which the cost reimbursement rules described in

subsection (b) shall be applied to the shipbuilder under a Navy

contract for the construction of a ship. Such an agreement may be

entered into in any case in which the Secretary determines that the

application of such cost reimbursement rules would facilitate the

achievement of the policy objectives set forth in section 2501(b)

of this title.

(b) Cost Reimbursement Rules. - The cost reimbursement rules

applicable under an agreement entered into under subsection (a) are

as follows:

(1) The Secretary of the Navy shall, in determining the

reimbursement due a shipbuilder for its indirect costs of

performing a contract for the construction of a ship for the

Navy, allow the shipbuilder to allocate indirect costs to its

private sector work only to the extent of the shipbuilder's

allocable indirect private sector costs, subject to paragraph

(3).

(2) For purposes of paragraph (1), the allocable indirect

private sector costs of a shipbuilder are those costs of the

shipbuilder that are equal to the sum of the following:

(A) The incremental indirect costs attributable to such work.

(B) The amount by which the revenue attributable to such

private sector work exceeds the sum of -

(i) the direct costs attributable to such private sector

work; and

(ii) the incremental indirect costs attributable to such

private sector work.

(3) The total amount of allocable indirect private sector costs

for a contract covered by the agreement may not exceed the amount

of indirect costs that a shipbuilder would have allocated to its

private sector work during the period covered by the agreement in

accordance with the shipbuilder's established accounting

practices.

(c) Authority To Modify Cost Reimbursement Rules. - The cost

reimbursement rules set forth in subsection (b) may be modified by

the Secretary of the Navy for a particular agreement if the

Secretary determines that modifications are appropriate to the

particular situation to facilitate achievement of the policy set

forth in section 2501(b) of this title.

(d) Applicability. - (1) An agreement entered into with a

shipbuilder under subsection (a) shall apply to each of the

following Navy contracts with the shipbuilder:

(A) A contract that is in effect on the date on which the

agreement is entered into.

(B) A contract that is awarded during the term of the

agreement.

(2) In a shipbuilding capability preservation agreement

applicable to a shipbuilder, the Secretary may agree to apply the

cost reimbursement rules set forth in subsection (b) to allocations

of indirect costs to private sector work performed by the

shipbuilder only with respect to costs that the shipbuilder

incurred on or after November 18, 1997, under a contract between

the shipbuilder and a private sector customer of the shipbuilder

that became effective on or after January 26, 1996.

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1027(a)(1), Nov. 18,

1997, 111 Stat. 1878; amended Pub. L. 106-65, div. A, title X,

Sec. 1066(a)(29), Oct. 5, 1999, 113 Stat. 772.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2). Pub. L. 106-65 substituted ''November 18,

1997,'' for ''the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1998''.

PROCEDURES FOR APPLICATIONS AND FOR CONSIDERATION OF AGREEMENTS

Section 1027(b) of Pub. L. 105-85 provided that: ''Not later than

30 days after the date of the enactment of this Act (Nov. 18,

1997), the Secretary of the Navy shall establish application

procedures and procedures for expeditious consideration of

shipbuilding capability preservation agreements as authorized by

section 7315 of title 10, United States Code, as added by

subsection (a).''

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