10 U.S. Code § 7233.1 - Auxiliary vessels: extended lease authority
Auxiliary vessels: extended lease authority
(a)Authorized Contracts.—Subject to subsection (b), the Secretary of the Navy may enter into contracts with private United States shipyards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following:
(b)Contracts Required To Be Authorized by Law.—
A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with respect to that vessel. As part of a request to Congress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under subsection (g).
(c)Term of Contract.—
In this section, the term “long-term lease” means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more.
(d)Option To Buy.—
A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market value of the vessel.
(e)Domestic Construction.—The Secretary shall require in any contract entered into under this section that each vessel to which the contract applies—
The Secretary may operate a vessel held by the Secretary under a long-term lease under this section through a contract with a United States corporation with experience in the operation of vessels for the United States. Any such contract shall be for a term as determined by the Secretary.
(2) The Secretary may provide a crew for any such vessel using civil service mariners only after an evaluation taking into account—
(g)Contingent Waiver of Other Provisions of Law.—
(1) The Secretary may waive the applicability of subsections (e)(2) and (f) of section 2401 of this title to a contract authorized by law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract:
The need for the vessels or services to be provided under the contract is expected to remain substantially unchanged during the contemplated contract or option period.
There is a reasonable expectation that throughout the contemplated contract or option period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation.
(h)Source of Funds for Termination Liability.—If a contract entered into under this section is terminated, the costs of such termination may be paid from—
amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or
 So in original. No section 7232 has been enacted.
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