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CHAPTER 633-NAVAL VESSELS 1,2
Changing category or type: limitations.
[7298, 7299. Repealed.]
Construction of combatant and escort vessels and assignment of vessel projects.
[7300 to 7302. Repealed.]
Model basin; investigation of hull designs.
Examination of vessels; striking of vessels from Naval Vessel Register.
Vessels stricken from Naval Vessel Register; captured vessels: transfer by
Vessels stricken from Naval Vessel Register: use for experimental pur
Disposals to foreign nations.
Chief of Naval Operations: certification required for disposal of combatant
Construction of vessels in foreign shipyards: prohibition.
Overhaul, repair, etc. of vessels in foreign shipyards: restrictions.
Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work.
Overhaul of naval vessels: competition between public and private shipyards.
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.)
(a) Not more than one vessel of the Navy may have the same
(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.
1 Section 1613 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (P.L. 101-189; approved Nov. 29, 1989) provides:
SEC. 1613. FUNDING FOR SHIP PRODUCTION ENGINEERING
(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.
2 For a provision requiring the consideration of vessel location as a factor in the award of layberth contracts for sealift vessels, see section 375 of the National Defense Authorization Act for Fiscal Year 1993 (P.L. 102-484), set forth on page 369.
(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.)
§ 7293. Number in service in time of peace
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.)
§ 7294. Suspension of construction in case of treaty
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.)
§ 7295. Vessels: under-age
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.)
[§ 7296. Repealed. P.L. 103–160, § 824(a)(5), Nov. 30, 1993, 107 Stat. 1707]
§7297. Changing category or type: limitations
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.)
[§ 7298. Repealed. P.L. 103–160, § 824(a)(6), Nov. 30, 1993, 107 Stat. 1707]
[§ 7299. Repealed. P.L. 103–355, § 3023(a), Oct. 13, 1994, 108 Stat. 3333]
§ 7299a. Construction of combatant and escort vessels and assignment of vessel projects
(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 per
formed 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.
(Added P.L. 97-295, §1(48XA), Oct. 12, 1982, 96 Stat. 1298, and amended P.L. 99-661, 1201(a), Nov. 14, 1986, 100 Stat. 3967; P.L. 100-180, 81101, Dec. 4, 1987, 101 Stat. 1145; P.L. 101-510, §1422, Nov. 5, 1990, 104 Stat. 1682; P.L. 102-484, § 1016, Oct. 23, 1992, 106 Stat. 2485.)
[§ 7300. Repealed. P.L. 97-86, § 911(b)(1), Dec. 1, 1981, 95 Stat. 1122]
[§ 7301. Repealed. P.L. 103–160, § 824(a)(7), Nov. 30, 1993, 107 Stat. 1707]
[§ 7302. Repealed. P.L. 103-355, §3024(a), Oct. 13, 1994, 108 Stat. 3334]
§ 7303. Model Basin; investigation of hull designs
(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; Nov. 2, 1966, P.L. 89-718, §41, 80 Stat. 1120.)
§7304. Examination of vessels; striking of vessels from Naval Vessel Register
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451; revised in its entirety P.L. 103–160, § 824(b), Nov. 30, 1993, 107 Stat. 1708.)
§ 7305. Vessels stricken from Naval Vessel Register: sale
(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. 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.
(d) APPLICABILITY.-This section does not apply to a vessel the disposal of which is authorized by the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), if it is to be disposed of under that Act.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Dec. 12, 1980, P.L. 96–513, 513(27), 94 Stat. 2933; revised in its entirety P.L. 103–160, § 824(b), Nov. 30, 1993, 107 Stat. 1708.)
§ 7306. Vessels stricken from Naval Vessel Register; captured vessels: transfer by gift or otherwise
(a) AUTHORITY TO MAKE TRANSFER.-Subject to subsections (c) and (d) of section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474), 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) NOTICE TO CONGRESS. (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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 452; Nov. 8, 1965, P.L. 89–348, § 1(10), 79 Stat. 1311; Nov. 2, 1966, P.L. 89-718, &42, 80 Stat. 1120; Nov. 29, 1989, P.L. 101-189, § 1616, 103 Stat. 1602; revised in its entirety P.L. 103–160, § 824(b), Nov. 30, 1993, 107 Stat. 1709.)
§7306a. Vessels stricken from Naval Vessel Register: use for experimental purposes
(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.
(Added P.L. 103–160, § 824(b), Nov. 30, 1993, 107 Stat. 1709.)
§7307. Disposals to foreign nations
(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