10 USC § 7310 - Overhaul, repair, etc. of vessels in foreign shipyards: restrictions

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) Vessels With Homeport in United States or Guam.— A naval vessel (or any other vessel under the jurisdiction of the Secretary of the Navy) the homeport of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam, other than in the case of voyage repairs.

(b) Vessel Changing Homeports.—

(1) In the case of a naval vessel the homeport of which is not in the United States (or a territory of the United States), the Secretary of the Navy may not during the 15-month period preceding the planned reassignment of the vessel to a homeport in the United States (or a territory of the United States) begin any work for the overhaul, repair, or maintenance of the vessel that is scheduled to be for a period of more than six months.

(2) In the case of a naval vessel the homeport of which is in the United States (or a territory of the United States), the Secretary of the Navy shall during the 15-month period preceding the planned reassignment of the vessel to a homeport not in the United States (or a territory of the United States) perform in the United States (or a territory of the United States) any work for the overhaul, repair, or maintenance of the vessel that is scheduled—

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

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

(1) The Secretary of the Navy shall submit to Congress each year, at the time that the President’s budget is submitted to Congress that year under section 1105 (a) of title 31, a report listing all repairs and maintenance performed on any covered naval vessel that has undergone work for the repair of the vessel in any shipyard outside the United States or Guam (in this section referred to as a “foreign shipyard”) during the fiscal year preceding the fiscal year in which the report is submitted.

(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.

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(b) Vessel Changing Homeports.—

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

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

(3) The report also shall include the following with respect to each covered naval vessel:

(A) The justification under law for the repair in a foreign shipyard.

(B) The name and class of vessel repaired.

(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.

(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 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.

Source

(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.)

Prior Provisions

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).

Amendments

2008—Subsec. (c). Pub. L. 110–417added subsec. (c).

2006—Subsec. (a). Pub. L. 109–364inserted “or Guam” after “United States” in heading and after “in the United States” in text.

1996—Subsec. (a). Pub. L. 104–106inserted “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).

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The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 7310		2012	112-239 [Sec.] 344	126 Stat. 1700

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10 USC § 7310 - Overhaul, repair, etc. of vessels in foreign shipyards: restrictions

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