Pub. L. 115–91, div. C, title XXXI, §3115(b)(2), Dec. 12, 2017, 131 Stat. 1887, added item 7319.
2016—Pub. L. 114–328, div. A, title X, §1022(a)(2), (b), Dec. 23, 2016, 130 Stat. 2388, added item 7318, effective on the later of the date of enactment of the National Defense Authorization for Fiscal Year 2018 or Sept. 30, 2017.
Pub. L. 114–328, div. A, title I, §121(a)(2), Dec. 23, 2016, 130 Stat. 2030, added item 7301.
2013—Pub. L. 113–66, div. A, title X, §1022(e)(2), Dec. 26, 2013, 127 Stat. 846, substituted "Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation" for "Vessels stricken from Naval Vessel Register; captured vessels: transfer by gift or otherwise" in item 7306.
2011—Pub. L. 112–81, div. A, title X, §1061(27)(B), Dec. 31, 2011, 125 Stat. 1584, struck out item 7296 "Combatant surface vessels: notice before reduction in number; preservation of surge capability".
Pub. L. 111–350, §5(b)(51), Jan. 4, 2011, 124 Stat. 3846, substituted "chapter 65 of title 41" for "Walsh-Healey Act" in item 7299.
2009—Pub. L. 111–84, div. A, title X, §1073(a)(30), Oct. 28, 2009, 123 Stat. 2474, inserted period after "thereof" in item 7317.
2008—Pub. L. 110–417, [div. A], title VIII, §825(b), Oct. 14, 2008, 122 Stat. 4534, added item 7317.
2004—Pub. L. 108–375, div. A, title X, §§1011(b), 1012(a)(2), Oct. 28, 2004, 118 Stat. 2039, 2040, added items 7305a and 7312.
2003—Pub. L. 108–136, div. A, title X, §§1013(b), 1015(b), Nov. 24, 2003, 117 Stat. 1591, 1592, added items 7306b and 7316.
2002—Pub. L. 107–314, div. A, title X, §1021(b)(2), Dec. 2, 2002, 116 Stat. 2639, added item 7296.
1999—Pub. L. 106–65, div. A, title X, §1016(b), Oct. 5, 1999, 113 Stat. 744, added item 7300.
1997—Pub. L. 105–85, div. A, title X, §1027(a)(2), Nov. 18, 1997, 111 Stat. 1879, added item 7315.
1996—Pub. L. 104–106, div. A, title VIII, §815(b), Feb. 10, 1996, 110 Stat. 396, added item 7299.
1994—Pub. L. 103–355, title II, §2001(j)(3)(A), title III, §§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, §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, §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, §§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, §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, §1102(a)(2), Dec. 4, 1987, 101 Stat. 1145, added item 7312.
1986—Pub. L. 99–661, div. A, title XII, §1202(b), Nov. 14, 1986, 100 Stat. 3968, added item 7311.
1985—Pub. L. 99–145, title XIII, §1303(a)(24)(B), Nov. 8, 1985, 99 Stat. 740, struck out "naval" before "vessels" in item 7309.
1982—Pub. L. 97–295, §1(48)(B), Oct. 12, 1982, 96 Stat. 1298, added item 7299a.
Pub. L. 97–295, §1(49)(B), Oct. 12, 1982, 96 Stat. 1299, added item 7310.
Pub. L. 97–252, title XI, §1127(b), Sept. 8, 1982, 96 Stat. 759, added item 7309.
1981—Pub. L. 97–86, title IX, §911(b)(2), Dec. 1, 1981, 95 Stat. 1122, struck out item 7300 "Contracts for construction: profit limitation".
The President may establish, and from time to time modify, as the needs of the service require, a classification of naval vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7291 | 34 U.S.C. 451 (as applicable to classification of vessels). | Mar. 3, 1901, ch. 852 (last par. as applicable to classification of vessels), 31 Stat. 1133. |
Pub. L. 115–91, div. A, title X, §1025, Dec. 12, 2017, 131 Stat. 1549, provided that:
"(a)
"(b)
Pub. L. 112–81, div. B, title XXVIII, §2828, Dec. 31, 2011, 125 Stat. 1694, provided that:
"(a)
"(b)
Pub. L. 111–84, div. A, title I, §124(a), Oct. 28, 2009, 123 Stat. 2214, provided that:
"(a)
"(1) Components, parts, or materiel.
"(2) Production planning and other related support services that reduce the overall procurement lead time of such vessel."
Pub. L. 111–84, div. A, title I, §125, Oct. 28, 2009, 123 Stat. 2214, related to procurement programs for future naval surface combatants, prior to repeal by Pub. L. 113–66, div. A, title I, §122, Dec. 26, 2013, 127 Stat. 693.
Pub. L. 110–181, div. A, title I, §124, Jan. 28, 2008, 122 Stat. 28, provided that:
"(a)
"(1) submit a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the results of any production readiness review; and
"(2) certify to the congressional defense committees that the findings of any such review support commencement of construction.
"(b)
"(1) The maturity of the ship's design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.
"(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.
"(3) The readiness of the shipyard facilities and workforce to begin construction.
"(4) The Navy's estimated cost at completion and the adequacy of the budget to support the estimate.
"(5) The Navy's estimated delivery date and description of any variance to the contract delivery date.
"(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.
"(c)
"(d)
"(1)
"(2)
"(A) the ship is the first ship to be constructed under that shipbuilding program; or
"(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.
"(3)
"(4)
Pub. L. 110–181, div. A, title X, §1012, Jan. 28, 2008, 122 Stat. 303, as amended by Pub. L. 110–417, [div. A], title X, §1015, Oct. 14, 2008, 122 Stat. 4586; Pub. L. 112–239, div. A, title X, §1013, Jan. 2, 2013, 126 Stat. 1908; Pub. L. 113–66, div. A, title X, §1027, Dec. 26, 2013, 127 Stat. 849, provided that:
"(a)
"(b)
"(1)
"(A) Submarines.
"(B) Aircraft carriers.
"(C) Cruisers, battleships, or other large surface combatants whose primary mission includes protection of carrier strike groups, expeditionary strike groups, and vessels comprising a sea base.
"(D) Amphibious assault ships, including dock landing ships (LSD), amphibious transport–dock ships (LPD), helicopter assault ships (LHA/LHD), and amphibious command ships (LCC), if such vessels exceed 15,000 dead weight ton light ship displacement.
"(2)
"(3)
[Pub. L. 113–66, div. A, title X, §1027(2)(B), Dec. 26, 2013, 127 Stat. 849, which directed insertion of "in the analysis of alternatives" after "nuclear power system" in subsec. (a) of section 1012 of Pub. L. 110–181 (as redesignated by section 1027(1) of Pub. L. 113–66), set out above, was executed by making the insertion after "nuclear power system" the first time appearing to reflect the probable intent of Congress.]
Pub. L. 109–364, div. A, title I, §128, Oct. 17, 2006, 120 Stat. 2109, provided that:
"(a)
"(1) Securing and maintaining access to affordable and plentiful sources of energy is a vital national security interest for the United States.
"(2) The Nation's dependence upon foreign oil is a threat to national security due to the inherently volatile nature of the global oil market and the political instability of some of the world's largest oil producing states.
"(3) Given the recent increase in the cost of crude oil, which cannot realistically be expected to improve over the long term, other energy sources must be seriously considered.
"(4) Alternate propulsion sources such as nuclear power offer many advantages over conventional power for major surface combatant ships of the Navy, including—
"(A) virtually unlimited high-speed endurance;
"(B) elimination of vulnerable refueling; and
"(C) reduction in the requirement for replenishment vessels and the need to protect those vessels.
"(b)
"(c)
Pub. L. 108–136, div. A, title I, §126, Nov. 24, 2003, 117 Stat. 1410, authorized the Secretary of the Navy to carry out a pilot program for flexible funding of cruiser conversions and overhauls, prior to repeal by Pub. L. 108–287, title VIII, §8099 [part], Aug. 5, 2004, 118 Stat. 994, and Pub. L. 108–375, div. A, title I, §122, Oct. 28, 2004, 118 Stat. 1828.
Pub. L. 105–262, title VIII, §8124, Oct. 17, 1998, 112 Stat. 2333, authorized the Secretary of the Navy to carry out a competitively awarded vessel scrapping pilot program during fiscal years 1999 and 2000 using funds made available in Pub. L. 105–262 under the heading "Operation and Maintenance, Navy" (112 Stat. 2282).
Pub. L. 102–484, div. A, title III, §375, Oct. 23, 1992, 106 Stat. 2385, provided that:
"(a)
"(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)
"(c)
Pub. L. 102–484, div. A, title X, §1031, Oct. 23, 1992, 106 Stat. 2489, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
"(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)
"(g)
"(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)
"(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)."
Pub. L. 102–484, div. A, title X, §1021, Oct. 23, 1992, 106 Stat. 2485, provided that:
"(a)
"(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)
Pub. L. 101–510, div. A, title XIV, §1424, Nov. 5, 1990, 104 Stat. 1683, as amended by Pub. L. 102–190, div. A, title X, §1015, Dec. 5, 1991, 105 Stat. 1458; Pub. L. 102–484, div. A, title X, §1022, Oct. 23, 1992, 106 Stat. 2485; Pub. L. 103–337, div. A, title I, §125, Oct. 5, 1994, 108 Stat. 2683, provided that:
"(a)
"(b)
"(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)
"(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 ([former] 46 U.S.C. App. 802)) [see 46 U.S.C. 50501]; 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)
"(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)
Pub. L. 101–189, div. A, title XVI, §1613, Nov. 29, 1989, 103 Stat. 1601, provided that:
"(a)
"(b)
Pub. L. 101–189, div. A, title XVI, §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, §1226, Sept. 29, 1988, 102 Stat. 2055, which was repealed by Pub. L. 101–189, div. A, title XVI, §1614(c), Nov. 29, 1989, 103 Stat. 1601.
Pub. L. 100–456, div. A, title XII, §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.
Pub. L. 99–500, §101(c) [title IX, §9101], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, §101(c) [title IX, §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."
Pub. L. 99–145, title XIV, §1455, Nov. 8, 1985, 99 Stat. 761, provided that:
"(a)
"(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)
Pub. L. 97–114, title VII, §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."
Pub. L. 95–485, title VIII, §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, §§1(49)(A), 6(b), Oct. 12, 1982, 96 Stat. 1298, 1315.
Pub. L. 95–485, title VIII, §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.
Pub. L. 94–106, title VIII, §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, §1322(g), Nov. 5, 1990, 104 Stat. 1672.
Pub. L. 93–365, title VIII, §§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, §810(c), Oct. 20, 1978, 92 Stat. 1623.
Pub. L. 89–37, title III, §301, June 11, 1965, 79 Stat. 128, provided that: "Outstanding tonnage balances remaining in law for construction of Navy ships are hereby repealed."
Pub. L. 89–37, title III, §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, §§1(48)(A), 6(b), Oct. 12, 1982, 96 Stat. 1298, 1314.
Pub. L. 89–37, title III, §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, §§1(48)(A), 6(b), Oct. 12, 1982, 96 Stat. 1298, 1314.
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448; Pub. L. 112–239, div. A, title X, §1018(b), Jan. 2, 2013, 126 Stat. 1910; Pub. L. 113–291, div. A, title X, §1071(f)(27), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 114–92, div. A, title X, §1074(a), Nov. 25, 2015, 129 Stat. 996.)
| 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.
2015—Subsec. (d). Pub. L. 114–92 struck out subsec. (d) which read as follows:
"(1) The Secretary of the Navy may not announce or implement any proposal to name a vessel of the Navy until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such proposal.
"(2) Each report under this subsection shall describe the justification for the proposal covered by such report in accordance with the standards referred to in section 1018(a) of the National Defense Authorization Act for Fiscal Year 2013."
2014—Subsec. (d)(2). Pub. L. 113–291 substituted "section 1018(a)" for "section 1024(a)".
2013—Subsec. (d). Pub. L. 112–239 added subsec. (d).
Pub. L. 112–239, div. A, title X, §1018(c), Jan. 2, 2013, 126 Stat. 1911, provided that: "This section [amending this section and enacting provisions set out as a note under this section] and the amendment made by this section shall go into effect on the date that is 30 days after the date of the enactment of this Act [Jan. 2, 2013]."
Pub. L. 112–239, div. A, title X, §1018(a), Jan. 2, 2013, 126 Stat. 1910, provided that: "Congress makes the following findings:
"(1) The Navy traces its ancestry to October 13, 1775, when an Act of the Continental Congress authorized the first vessel of a navy for the United Colonies. Vessels of the Continental Navy were named for early patriots and military heroes, Federal institutions, colonial cities, and positive character traits representative of naval and military virtues.
"(2) An Act of Congress on March 3, 1819, made the Secretary of the Navy responsible for assigning names to vessels of the Navy. Traditional sources for vessel names customarily encompassed such categories as geographic locations in the United States; historic sites, battles, and ships; naval and military heroes and leaders; and noted individuals who made distinguished contributions to United States national security.
"(3) These customs and traditions provide appropriate and necessary standards for the naming of vessels of the Navy."
In time of peace, the President may keep in service such vessels of the Navy as are required and keep the rest in reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
| 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.
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7294 | 34 U.S.C. 498h (as applicable to vessels). | May 17, 1938, ch. 243, §9 (as 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.
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7295 | 34 U.S.C. 498g–1. | June 14, 1940, ch. 364, §7, 54 Stat. 395. |
Section, added Pub. L. 107–314, div. A, title X, §1021(b)(1), Dec. 2, 2002, 116 Stat. 2638; amended Pub. L. 108–136, div. A, title X, §1011, Nov. 24, 2003, 117 Stat. 1589, required notice before reduction in number of combatant surface vessels.
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, §824(a)(5), Nov. 30, 1993, 107 Stat. 1707.
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7297 | 34 U.S.C. 490. | June 12, 1948, ch. 452, §2, 62 Stat. 382. |
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to conversion of combatant and auxiliary naval vessels.
Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is subject to chapter 65 of title 41 unless the President determines that this requirement is not in the interest of national defense.
(Added Pub. L. 104–106, div. A, title VIII, §815(a), Feb. 10, 1996, 110 Stat. 396; amended Pub. L. 111–350, §5(b)(52), Jan. 4, 2011, 124 Stat. 3846.)
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, §513(26), 94 Stat. 2932; Oct. 12, 1982, Pub. L. 97–295, §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, §3023(a), Oct. 13, 1994, 108 Stat. 3333.
2011—Pub. L. 111–350 substituted "chapter 65 of title 41" for "Walsh-Healey Act" in section catchline and for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)" in text.
(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 10 months or less.
(Added Pub. L. 97–295, §1(48)(A), Oct. 12, 1982, 96 Stat. 1298; amended Pub. L. 99–661, div. A, title XII, §1201(a), Nov. 14, 1986, 100 Stat. 3967; Pub. L. 100–180, div. A, title XI, §1101, Dec. 4, 1987, 101 Stat. 1145; Pub. L. 101–510, div. A, title XIV, §1422, Nov. 5, 1990, 104 Stat. 1682; Pub. L. 102–484, div. A, title X, §1016, Oct. 23, 1992, 106 Stat. 2485; Pub. L. 114–328, div. A, title X, §1021, Dec. 23, 2016, 130 Stat. 2388.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7299a | 10:7291 (note). | June 11, 1965, Pub. L. 89–37, §§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.
2016—Subsec. (c)(4). Pub. L. 114–328 substituted "10 months" for "six months".
1992—Subsec. (a). Pub. L. 102–484, §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, §1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).
Subsecs. (c), (d). Pub. L. 102–484, §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).
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.
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.
(Added Pub. L. 106–65, div. A, title X, §1016(a), Oct. 5, 1999, 113 Stat. 744; amended Pub. L. 106–398, §1 [[div. A], title X, §1033(c)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–261.)
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, §911(b)(1), Dec. 1, 1981, 95 Stat. 1122.
2000—Pub. L. 106–398 substituted "section 2563" for "section 2553".
(a)
(1) the Secretary of the Navy determines that the vessel is assembled and complete; and
(2) custody of the vessel and all systems contained in the vessel transfers to the Navy.
(b)
(1) in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105(a) of title 31, United States Code); and
(2) in any relevant Selected Acquisition Report submitted to Congress under section 2432 of this title.
(c)
(Added Pub. L. 114–328, div. A, title I, §121(a)(1), Dec. 23, 2016, 130 Stat. 2029.)
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.
A prior section 7301, act Aug. 10, 1956, ch. 1041, 70A Stat. 450, related to estimates required for bids on construction of naval vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(7), Nov. 30, 1993, 107 Stat. 1707.
Pub. L. 114–328, div. A, title I, §121(b), Dec. 23, 2016, 130 Stat. 2030, provided that:
"(1)
"(A) The U.S.S. John F. Kennedy (CVN–79).
"(B) The U.S.S. Zumwalt (DDG–1000).
"(C) The U.S.S. Michael Monsoor (DDG–1001).
"(D) The U.S.S. Lyndon B. Johnson (DDG–1002).
"(E) Any other vessel of the Navy that is under construction on the date of the enactment of this Act [Dec. 23, 2016].
"(2)
"(A) an identification of each vessel for which the delivery date was adjusted; and
"(B) the delivery date of each such vessel, as so adjusted."
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.
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Pub. L. 89–718, §41, Nov. 2, 1966, 80 Stat. 1120.)
| 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, §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".
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".
(a)
(b)
(c)
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.)
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, §824(b).
(a)
(b)
(c)
(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)
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708; amended Pub. L. 105–85, div. A, title X, §1021, Nov. 18, 1997, 111 Stat. 1875; Pub. L. 107–217, §3(b)(28), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title X, §1045(a)(7), Nov. 24, 2003, 117 Stat. 1612; Pub. L. 111–350, §5(b)(53), Jan. 4, 2011, 124 Stat. 3847.)
A prior section 7305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 451; Dec. 12, 1980, Pub. L. 96–513, title V, §513(27), 94 Stat. 2933, related to sale of vessels stricken from Naval Vessel Register, prior to repeal by Pub. L. 103–160, §824(b).
2011—Subsec. (d). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, if it is to be disposed of under those provisions" for "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 such title III".
2003—Subsec. (d). Pub. L. 108–136 inserted "such" before "title III.".
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)
"(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."
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.
(a)
(b)
(c)
(1) The term "net-cost basis", with respect to a contract for the dismantling of a vessel, means that the amount to be paid to the contractor under the contract for dismantling and for removal and disposal of hazardous waste material is discounted by the offeror's estimate of the value of scrap and reusable items that the contractor will remove from the vessel during performance of the contract.
(2) The term "scrap" means personal property that has no value except for its basic material content.
(3) The term "reusable item" means a demilitarized component or a removable portion of a vessel or equipment that the Secretary of the Navy has identified as excess to the needs of the Navy but which has potential resale value on the open market.
(Added Pub. L. 108–375, div. A, title X, §1011(a), Oct. 28, 2004, 118 Stat. 2038.)
(a)
(1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or
(2) any nonprofit entity.
(b)
(2) Notwithstanding any other law, the Department of Defense, and the officers and employees of the Department of Defense, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.
(c)
(d)
(e)
(1) The term "nonprofit entity" means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.
(2) The term "Munitions List" means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
(3) The term "donee" means any entity receiving a vessel pursuant to subsection (a).
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1709; amended Pub. L. 106–65, div. A, title X, §1011, Oct. 5, 1999, 113 Stat. 739; Pub. L. 107–217, §3(b)(29), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 113–66, div. A, title X, §1022(a)–(e)(1), Dec. 26, 2013, 127 Stat. 845, 846; Pub. L. 114–92, div. A, title X, §1074(b), Nov. 25, 2015, 129 Stat. 996.)
The Toxic Substances Control Act, referred to in subsec. (d), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (e)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
A prior section 7306, acts Aug. 10, 1956, ch. 1041, 70A Stat. 452; Nov. 8, 1965, Pub. L. 89–348, §1(10), 79 Stat. 1311; Nov. 2, 1966, Pub. L. 89–718, §42, 80 Stat. 1120; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, §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, §824(b). See section 7306a of this title.
2015—Subsecs. (d) to (f). Pub. L. 114–92 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which related to congressional notice-and-wait period.
2013—Pub. L. 113–66, §1022(e)(1), substituted "Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation" for "Vessels stricken from Naval Vessel Register; captured vessels: transfer by gift or otherwise" in section catchline.
Subsec. (a). Pub. L. 113–66, §1022(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "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."
Subsec. (b). Pub. L. 113–66, §1022(b), amended subsec. (b) generally. Prior to amendment, text read as follows: "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."
Subsec. (c). Pub. L. 113–66, §1022(c), in heading, substituted "Department of Defense" for "United States" and in text, inserted ", the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial," after "under this section" and substituted "the Department of Defense" for "the United States".
Subsecs. (e), (f). Pub. L. 113–66, §1022(d), added subsecs. (e) and (f).
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."
(a)
(b)
(2) Material and equipment stripped from a vessel under paragraph (1) may be sold by the contractor or by a sales agent approved by the Secretary.
(3) Amounts received as proceeds from the stripping of a vessel pursuant to this subsection shall be credited to appropriations available for the procurement of services needed for such stripping and for environmental remediation required for the use of the vessel for experimental purposes. Amounts received in excess of amounts needed for reimbursement of those costs shall be deposited into the account from which the stripping and environmental remediation expenses were incurred and shall be available for stripping and environmental remediation of other vessels to be used for experimental purposes.
(c)
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1709; amended Pub. L. 108–136, div. A, title X, §1012, Nov. 24, 2003, 117 Stat. 1589.)
Provisions similar to those in this section were contained in section 7306 of this title prior to repeal by Pub. L. 103–160.
2003—Subsec. (b). Pub. L. 108–136, §1012(a)(1), inserted "and Environmental Remediation of" before "Vessel" in heading.
Subsec. (b)(1). Pub. L. 108–136, §1012(a)(2), inserted before period at end "and such environmental remediation of the vessel as is required for the use of the vessel for experimental purposes".
Subsec. (b)(2). Pub. L. 108–136, §1012(b)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 108–136, §1012(b)(1), (3), redesignated par. (2) as (3) and substituted "services needed for such stripping and for environmental remediation required for the use of the vessel for experimental purposes. Amounts received in excess of amounts needed for reimbursement of those costs shall be deposited into the account from which the stripping and environmental remediation expenses were incurred and shall be available for stripping and environmental remediation of other vessels to be used for experimental purposes" for "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".
Subsec. (c). Pub. L. 108–136, §1012(c), added subsec. (c).
(a)
(b)
(1) the recipient use, site, construct, monitor, and manage the vessel only as an artificial reef in accordance with the requirements of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.), except that the recipient may use the artificial reef to enhance diving opportunities if that use does not have an adverse effect on fishery resources (as that term is defined in section 3(14) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(14))); and
(2) the recipient obtain, and bear all responsibility for complying with, applicable Federal, State, interstate, and local permits for using, siting, constructing, monitoring, and managing the vessel as an artificial reef.
(c)
(1) the environmental best management practices developed pursuant to section 3504(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 1220 note); and
(2) any applicable environmental laws.
(d)
(e)
(f)
(g)
(Added Pub. L. 108–136, div. A, title X, §1013(a), Nov. 24, 2003, 117 Stat. 1590; amended Pub. L. 109–364, div. A, title X, §1071(a)(36), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–84, div. A, title X, §1073(a)(31), Oct. 28, 2009, 123 Stat. 2474.)
The National Fishing Enhancement Act of 1984, referred to in subsec. (b)(1), is title II of Pub. L. 98–623, Nov. 8, 1984, 98 Stat. 3394, which enacted chapter 35 (§2101 et seq.) of Title 33, Navigation and Navigable Waters, and section 1220d of Title 16, Conservation, and amended sections 1220 to 1220c of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 33 and Tables.
2009—Subsec. (b)(1). Pub. L. 111–84 substituted "1802(14)))" for "1802(14))".
2006—Subsec. (b)(1). Pub. L. 109–364 substituted "3(14)" for "2(14)".
(a)
(b)
(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.
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1709; amended Pub. L. 104–106, div. A, title XV, §1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 109–364, div. A, title X, §1013, Oct. 17, 2006, 120 Stat. 2376.)
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 (§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 (§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.
A prior section 7307, acts Aug. 10, 1956, ch. 1041, 70A Stat. 452; Aug. 5, 1974, Pub. L. 93–365, title VII, §702, 88 Stat. 405; Oct. 5, 1976, Pub. L. 94–457, §2, 90 Stat. 1938; Dec. 12, 1980, Pub. L. 96–513, title V, §513(28), 94 Stat. 2933; Aug. 8, 1985, Pub. L. 99–83, title I, §122, 99 Stat. 204; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, §1484(b)(4), 104 Stat. 1716, related to restrictions on disposal of certain Navy ships, prior to repeal by Pub. L. 103–160, §824(b).
2006—Subsec. (a). Pub. L. 109–364 substituted "disposal of that vessel, or of a vessel of the class of that vessel, is authorized" for "disposition of that vessel is approved" and inserted at end "In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal."
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".
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.
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1710.)
A prior section 7308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 453; Dec. 12, 1980, Pub. L. 96–513, title V, §513(29), 94 Stat. 2933; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(a)(6), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, §1427, 104 Stat. 1685, related to transfer or gift of obsolete, condemned, and captured vessels, prior to repeal by Pub. L. 103–160, §824(b).
(a)
(b)
(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)
(Added Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1710.)
A prior section 7309, added Pub. L. 97–252, title XI, §1127(a), Sept. 8, 1982, 96 Stat. 758; amended Pub. L. 98–473, title I, §101(h) [title VIII, §8095], Oct. 12, 1984, 98 Stat. 1904, 1941; Pub. L. 99–145, title XIII, §1303(a)(24)(A), Nov. 8, 1985, 99 Stat. 740; Pub. L. 100–180, div. A, title XI, §1103, Dec. 4, 1987, 101 Stat. 1146; Pub. L. 100–456, div. A, title XII, §1224(a), (b)(1), Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101–189, div. A, title XVI, §1622(c)(8), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 102–190, div. A, title X, §1017, Dec. 5, 1991, 105 Stat. 1459; Pub. L. 102–484, div. A, title X, §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, §824(b).
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.
(a)
(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a naval vessel classified as a Littoral Combat Ship and operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
(i) in a foreign shipyard;
(ii) at a facility outside of a foreign shipyard; or
(iii) at any other facility convenient to the vessel.
(B)(i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) if the work is performed by United States Government personnel or United States contractor personnel.
(ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.
(C) In this paragraph:
(i) The term "corrective and preventive maintenance or repair" means—
(I) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
(II) scheduled maintenance or repair actions to prevent or discover functional failures.
(ii) The term "facilities maintenance" means preservation or corrosion control efforts and cleaning services.
(D) This paragraph shall expire on September 30, 2020.
(b)
(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.
(c)
(2) The report shall include the percentage of the annual ship repair budget of the Navy that was spent on repair of covered naval vessels in foreign shipyards during the fiscal year covered by the report.
(3) Except as provided in paragraph (4), the report also shall include the following with respect to each covered naval vessel:
(A) The justification under law and operational justification for the repair in a foreign shipyard.
(B) The name and class of vessel repaired.
(C) The category of repair and whether the repair qualified as voyage repair as defined in Commander Military Sealift Command Instruction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled availabilities are to be considered as a composite and reported as a single entity without individual repair and maintenance items listed separately.
(D) The shipyard where the repair work was carried out.
(E) The number of days the vessel was in port for repair.
(F) The cost of the repair and the amount (if any) that the cost of the repair was less than or greater than the cost of the repair provided for in the contract.
(G) The schedule for repair, the amount of work accomplished (stated in terms of work days), whether the repair was accomplished on schedule, and, if not so accomplished, the reason for the schedule over-run.
(H) The homeport or location of the vessel prior to its voyage for repair.
(I) Whether the repair was performed under a contract awarded through the use of competitive procedures or procedures other than competitive procedures.
(4) In the case of a covered vessel described in subparagraph (C) of paragraph (5), the report shall not be required to include the information described in subparagraphs (A), (E), (F), (G), and (I) of paragraph (3).
(5) In this subsection, the term "covered naval vessel" means any of the following:
(A) A naval vessel.
(B) Any other vessel under the jurisdiction of the Secretary of the Navy.
(C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.
(Added and amended Pub. L. 103–160, div. A, title III, §367, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1632, 1710; Pub. L. 104–106, div. A, title X, §1017, Feb. 10, 1996, 110 Stat. 425; Pub. L. 109–364, div. A, title X, §1014, Oct. 17, 2006, 120 Stat. 2376; Pub. L. 110–417, [div. A], title X, §1012, Oct. 14, 2008, 122 Stat. 4584; Pub. L. 112–239, div. A, title III, §344, Jan. 2, 2013, 126 Stat. 1700; Pub. L. 115–91, div. A, title X, §1023, Dec. 12, 2017, 131 Stat. 1548.)
A prior section 7310, added Pub. L. 97–295, §1(49)(A), Oct. 12, 1982, 96 Stat. 1298, related to policy for constructing combatant vessels, prior to repeal by Pub. L. 103–160, §824(a)(8).
2017—Subsec. (a). Pub. L. 115–91 inserted "Under Jurisdiction of the Secretary of the Navy" after "Vessels" in heading, designated existing provisions as par. (1), substituted "A naval vessel" for "A naval vessel (or any other vessel under the jurisdiction of the Secretary of the Navy)", and added par. (2).
2013—Subsec. (c)(3). Pub. L. 112–239, §344(1)(A), substituted "Except as provided in paragraph (4), the report" for "The report" in introductory provisions.
Subsec. (c)(3)(A). Pub. L. 112–239, §344(1)(B), inserted "and operational justification" after "justification under law".
Subsec. (c)(4). Pub. L. 112–239, §344(3), added par. (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 112–239, §344(2), redesignated par. (4) as (5).
Subsec. (c)(5)(C). Pub. L. 112–239, §344(4), added subpar. (C).
2008—Subsec. (c). Pub. L. 110–417 added subsec. (c).
2006—Subsec. (a). Pub. L. 109–364 inserted "or Guam" after "United States" in heading and after "in the United States" in text.
1996—Subsec. (a). Pub. L. 104–106 inserted "or Guam" after "outside the United States".
1993—Subsec. (b). Pub. L. 103–160, §367, amended subsec. (b) generally, designating existing provisions as par. (1) and adding par. (2).
For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
(a)
(1)
(2)
(3)
(4)
(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)
(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)
(d)
(Added Pub. L. 99–661, div. A, title XII, §1202(a), Nov. 14, 1986, 100 Stat. 3967; amended Pub. L. 101–189, div. A, title XVI, §1611(a), Nov. 29, 1989, 103 Stat. 1599.)
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, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§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 (§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.
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.
Pub. L. 101–189, div. A, title XVI, §1611(b), Nov. 29, 1989, 103 Stat. 1601, 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]."
(a)
(1) For payment, in whole or in part, for a similar service craft or boat acquired as a replacement, as authorized by section 503 of title 40.
(2) For reimbursement, to the extent practicable, of the appropriate accounts of the Navy for the full costs of preparation of such obsolete craft or boat for such sale or exchange.
(3) For deposit to the special account established under subsection (b), to be available in accordance with that subsection.
(b)
(c)
(d)
(1) Towing.
(2) Storage.
(3) Defueling.
(4) Removal and disposal of hazardous wastes.
(5) Environmental surveys to determine the presence of regulated materials containing polychlorinated biphenyl (PCB) and, if such materials are found, the removal and disposal of such materials.
(6) Other costs related to such preparation.
(e)
(f)
(g)
(Added Pub. L. 108–375, div. A, title X, §1012(a)(1), Oct. 28, 2004, 118 Stat. 2039; amended Pub. L. 113–291, div. A, title X, §1071(a)(12), Dec. 19, 2014, 128 Stat. 3505.)
A prior section 7312, added Pub. L. 100–180, div. A, title XI, §1102(a)(1), Dec. 4, 1987, 101 Stat. 1145; amended Pub. L. 100–456, div. A, title XII, §1223, Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101–189, div. A, title XVI, §1612, Nov. 29, 1989, 103 Stat. 1601, related to progress payments under certain contracts for repair or maintenance of naval vessels, prior to repeal by Pub. L. 103–355, title II, §2001(j)(1), title X, §10001, Oct. 13, 1994, 108 Stat. 3303, 3404, effective Oct. 13, 1994, except as otherwise provided. See section 2307(g) of this title.
2014—Subsec. (f). Pub. L. 113–291 substituted "Section 6101 of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
Pub. L. 108–375, div. A, title X, §1012(b), Oct. 28, 2004, 118 Stat. 2040, provided that: "Section 7312 of title 10, United States Code, as added by subsection (a), shall apply with respect to amounts received on or after the date of the enactment of this Act [Oct. 28, 2004] and to amounts received before the date of the enactment of this Act and not obligated as of that date."
(a)
(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).
(b)
(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.
(Added Pub. L. 100–370, §1(n)(1), July 19, 1988, 102 Stat. 850.)
Section is based on Pub. L. 99–190, §101(b) [title VIII, §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.
Another section 7313 of this title was renumbered section 7314.
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.
(Added Pub. L. 100–456, div. A, title XII, §1225(a)(1), Sept. 29, 1988, 102 Stat. 2054, §7313; renumbered §7314, Pub. L. 101–189, div. A, title XVI, §1622(a), Nov. 29, 1989, 103 Stat. 1604.)
1989—Pub. L. 101–189 renumbered section 7313 of this title as this section.
Pub. L. 100–456, div. A, title XII, §1225(b), Sept. 29, 1988, 102 Stat. 2055, 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."
(a)
(b)
(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)
(d)
(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.
(Added Pub. L. 105–85, div. A, title X, §1027(a)(1), Nov. 18, 1997, 111 Stat. 1878; amended Pub. L. 106–65, div. A, title X, §1066(a)(29), Oct. 5, 1999, 113 Stat. 772.)
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".
Pub. L. 105–85, div. A, title X, §1027(b), Nov. 18, 1997, 111 Stat. 1880, 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)."
(a)
(b)
(1) in the case of a decommissioned vessel that—
(A) is owned and maintained by the Navy, is located at a Navy facility, and is not in active use; and
(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the vessel; and
(2) in the case of any shipboard equipment that—
(A) is on a vessel described in paragraph (1)(A); and
(B) is being transferred to an entity designated by the Secretary of the Navy or by law to receive transfer of the equipment.
(c)
(d)
(Added Pub. L. 108–136, div. A, title X, §1015(a), Nov. 24, 2003, 117 Stat. 1591.)
(a)
(1) In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of section 2320 of this title.
(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by section 2320 of this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or component, as applicable, was developed for the Government.
(b)
(Added Pub. L. 110–417, [div. A], title VIII, §825(a), Oct. 14, 2008, 122 Stat. 4534.)
(a)
(b)
(Added Pub. L. 114–328, div. A, title X, §1022(a)(1), Dec. 23, 2016, 130 Stat. 2388.)
Pub. L. 114–328, div. A, title X, §1022(b), Dec. 23, 2016, 130 Stat. 2388, provided that: "Section 7318 of title 10, United States Code, as added by subsection (a), shall take effect on the later of the following dates:
"(1) The date of the enactment of the National Defense Authorization for Fiscal Year 2018 [Pub. L. 115–91, approved Dec. 12, 2017].
"(2) September 30, 2017."
(a)
(b)
(2) The funds described in this paragraph are funds authorized to be appropriated or otherwise made available for any fiscal year for any of the following accounts:
(A) Shipbuilding and conversion, Navy, or any other account of the Department of Defense.
(B) Any account within the atomic energy defense activities of the Department of Energy other than defense nuclear nonproliferation, as specified in subsection (a).
(3) The prohibition in paragraph (1) may not be superseded except by a provision of law that specifically supersedes, repeals, or modifies this section. A provision of law, including a table incorporated into an Act, that appropriates funds described in paragraph (2) for low-enriched uranium activities may not be treated as specifically superseding this section unless such provision specifically cites to this section.
(c)
(1) Planning or carrying out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.
(2) Procuring ships that use low-enriched uranium in naval nuclear propulsion reactors.
(Added Pub. L. 115–91, div. C, title XXXI, §3115(b)(1), Dec. 12, 2017, 131 Stat. 1886.)