Source
(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.)
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§ 251 et seq.) of chapter
4 of Title
41, Public Contracts. For complete classification of this Act to the Code, see Tables.
Prior Provisions
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).
Amendments
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) 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.”
Executive Order No. 11765
Ex. Ord. No. 11765, Jan. 21, 1974,
39 F.R.
2577, related to sale of vessels of the Navy stricken from Naval Vessel Register pursuant to section
7304 of this title regardless of their appraised value under authority of former subsec. (l) of this section.