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10 U.S.C. § 7313 (ARMED FORCES)
§ 7313. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
(a) Unusual Cost Overruns.—
(1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year.
(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).
(b) Changes in Scope of Work.—
An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation—
(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.)
heading: Historical and Revision Notes
text: 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.
heading: Codification
text: Another section 7313 of this title was renumbered section 7314.
10 U.S.C. § 7314 (ARMED FORCES)
§ 7314. Overhaul of naval vessels: competition between public and private shipyards
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.)
heading: Amendments
text: 1989—Pub. L. 101–189 renumbered section 7313 of this title as this section.
heading: Effective Date
text: 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.”
10 U.S.C. § 7316 (ARMED FORCES)
§ 7316. Support for transfers of decommissioned vessels and shipboard equipment
(a) Authority To Provide Assistance.—
The Secretary of the Navy may provide an entity described in subsection (b) with assistance in support of a transfer of a vessel or shipboard equipment described in such subsection that is being executed under section 2572, 7306, 7307, or 7545 of this title, or under any other authority.
(b) Covered Vessels and Equipment.—
The authority under this section applies—
(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) Reimbursement.—
The Secretary may require a recipient of assistance under subsection (a) to reimburse the Navy for amounts expended by the Navy in providing the assistance.
(d) Deposit of Funds Received.—
Funds received in a fiscal year under subsection (c) shall be credited to the appropriation available for such fiscal year for operation and maintenance for the office of the Navy managing inactive ships, shall be merged with other sums in the appropriation that are available for such office, and shall be available for the same purposes and period as the sums with which merged.
(Added Pub. L. 108–136, div. A, title X, § 1015(a), Nov. 24, 2003, 117 Stat. 1591.)
10 U.S.C. § 7317 (ARMED FORCES)
§ 7317. Status of Government rights in the designs of vessels, boats, and craft, and components thereof
(a) In General.—
Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely as follows:
(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) Construction of Superseding Authorities.—
This section may be modified or superseded by a provision of statute only if such provision expressly refers to this section in modifying or superseding this section.
(Added Pub. L. 110–417, [div. A], title VIII, § 825(a), Oct. 14, 2008, 122 Stat. 4534.)
10 U.S.C. § 7341 to 7345 (ARMED FORCES)
[§§ 7341 to 7345. Repealed. Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708]
text: Section 7341, act Aug. 10, 1956, ch. 1041, 70A Stat. 453, related to authorized number of naval airplanes and lighter-than-air crafts.
text: Section 7342, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to percentage of naval aircraft required to be constructed or manufactured in United States plants.
text: Section 7343, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to manufacture of naval aircraft at plants owned by United States under certain circumstances.
text: Section 7344, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to suspension of naval aircraft construction in case of treaty for limitation of naval armament.
text: Section 7345, added Pub. L. 101–189, div. A, title I, § 153(a)(1), Nov. 29, 1989, 103 Stat. 1387, related to submission of annual reports to Armed Services and Appropriations Committees of Senate and House of Representatives addressing aircraft requirements of the Navy.
10 U.S.C. § 7361 (ARMED FORCES)
§ 7361. Authority to provide for necessary salvage facilities
(a) Authority.—
The Secretary of the Navy may provide, by contract or otherwise, necessary salvage facilities for public and private vessels.
(b) Coordination With Secretary of Homeland Security.—
The Secretary shall submit to the Secretary of Homeland Security for comment each proposed contract for salvage facilities that affects the interests of the Department of Homeland Security.
(c) Limitation.—
The Secretary of the Navy may enter into a term contract under subsection (a) only if the Secretary determines that available commercial salvage facilities are inadequate to meet the requirements of national defense.
(d) Public Notice.—
The Secretary may not enter into a contract under subsection (a) until the Secretary has provided public notice of the intent to enter into such a contract.
(e) Salvage Facilities Defined.—
In this section, the term “salvage facilities” includes equipment and gear utilized to prevent, abate, or minimize damage to the environment.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (6), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title III, § 315(a), Nov. 24, 2003, 117 Stat. 1431.)
heading: Prior Provisions
text: A prior section 7361, acts Aug. 10, 1956, ch. 1041, 70A Stat. 455; Aug. 6, 1981, Pub. L. 97–31, § 12(3)(D), 95 Stat. 154, authorized Secretary of the Navy to provide for necessary salvage facilities for public and private vessels, prior to the general amendment of this chapter by Pub. L. 104–106.
heading: Amendments
text: 2003—Subsec. (e). Pub. L. 108–136 added subsec. (e).
2002—Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in heading and in two places in text.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 7362 (ARMED FORCES)
§ 7362. Acquisition and transfer of vessels and equipment
(a) Authority.—
The Secretary of the Navy may acquire or transfer for operation by private salvage companies such vessels and equipment as the Secretary considers necessary.
(b) Agreement on Use.—
Before any salvage vessel or salvage gear is transferred by the Secretary to a private party, the private party must agree in writing with the Secretary that the vessel or gear will be used to support organized offshore salvage facilities for a period of as many years as the Secretary considers appropriate.
(c) Reference to Authority To Advance Funds for Immediate Salvage Operations.—
For authority for the Secretary of the Navy to advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations, see section 2307(g)(2) of this title.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424.)
heading: Prior Provisions
text: A prior section 7362, act Aug. 10, 1956, ch. 1041, 70A Stat. 455, related to commercial use of naval facilities, prior to the general amendment of this chapter by Pub. L. 104–106.
10 U.S.C. § 7363 (ARMED FORCES)
§ 7363. Settlement of claims
(a) Authority to Settle Claim.—
The Secretary of the Navy may settle any claim by the United States for salvage services rendered by the Department of the Navy and may receive payment of any such claim.
(b) Salvage Services Defined.—
In this section, the term “salvage services” includes services performed in connection with a marine salvage operation that are intended to prevent, abate, or minimize damage to the environment.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 425; amended Pub. L. 108–136, div. A, title III, § 315(b), Nov. 24, 2003, 117 Stat. 1431.)
heading: Prior Provisions
text: A prior section 7363, act Aug. 10, 1956, ch. 1041, 70A Stat. 455, related to contract provisions for transfer of Navy equipment to private parties, prior to the general amendment of this chapter by Pub. L. 104–106.
heading: Amendments
text: 2003—Pub. L. 108–136 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
10 U.S.C. § 7364 (ARMED FORCES)
§ 7364. Disposition of receipts
Amounts received under this chapter shall be credited to appropriations for maintaining naval salvage facilities. However, any amount received under this chapter in any fiscal year in excess of naval salvage costs incurred by the Navy during that fiscal year shall be deposited into the general fund of the Treasury.
(Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 425.)
heading: Prior Provisions
text: A prior section 7364, act Aug. 10, 1956, ch. 1041, 70A Stat. 455, related to advancement of funds by the Secretary of the Navy to private companies for salvage operations, prior to repeal by Pub. L. 103–355, title II, § 2001(j)(1), Oct. 13, 1994, 108 Stat. 3303. See section 2307(g) of this title.
A prior section 7365, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; Aug. 29, 1972, Pub. L. 92–417, § 1(4), 86 Stat. 654, related to settlement of claims, prior to the general amendment of this chapter by Pub. L. 104–106. See section 7363 of this title.
A prior section 7366, act Aug. 10, 1956, ch. 1041, 70A Stat. 456, related to limitation on appropriations for naval salvage facilities, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(10), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7367, act Aug. 10, 1956, ch. 1041, 70A Stat. 456, related to disposition of receipts, prior to the general amendment of this chapter by Pub. L. 104–106. See section 7364 of this title.
10 U.S.C. § 7391 to 7394 (ARMED FORCES)
[§§ 7391 to 7394. Repealed. Pub. L. 97–295, § 1(50)(A), Oct. 12, 1982, 96 Stat. 1299]
text: Section 7391, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87–533, § 1(a)(2), 76 Stat. 154, provided for a United States Naval Oceanographic Office attached to the Office of the Chief of Naval Operations which would provide navigational aids, charts, books, and manuals, and was reenacted as former section 2791 of this title.
text: Section 7392, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87–533, § 1(a)(3), 76 Stat. 154, provided that the Secretary of the Navy may have the United States Naval Oceanographic Office prepare navigational aids, charts, and books, and that he may publish and distribute such materials and buy copyrights of existing navigational aids, charts, and books, and was reenacted as section 451 of this title.
text: Section 7393, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87–533, § 1(a)(4), 76 Stat. 154, directed that certain identifying information be printed on United States Naval Oceanographic pilot charts, and that the Department of Commerce’s Weather Bureau provide the Naval Oceanographic Office with data necessary for their preparation, and was reenacted as section 452 of this title.
text: Section 7394, acts Aug. 10, 1956, ch. 1041, 70A Stat. 457; July 10, 1962, Pub. L. 87–533, § 1(a)(5), 76 Stat. 154; Aug. 14, 1964, Pub. L. 88–436, § 1(a), 78 Stat. 443, directed that publications by the Naval Oceanographic Office be sold under regulations of the Secretary of the Navy, and that proceeds be covered into the Treasury, and was reenacted as section 453 of this title.
10 U.S.C. § 7395 (ARMED FORCES)
§ 7395. Naval Observatory: administration
(a) The Naval Observatory shall be attached to the Office of the Chief of Naval Operations.
(b) The Superintendent of the Naval Observatory shall be detailed from officers in the line of the Navy serving in the grade of captain or above.
(c) The Secretary of the Navy may detail any officer of the Navy, competent for that duty, to supervise the Nautical Almanac.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7395
5 U.S.C. 133y–16 (note).
Reorganization Plan No. 3 of 1946, Part III, § 301, 60 Stat. 1099.
5 U.S.C. 461.
Mar. 3, 1901, ch. 852, 31 Stat. 1122 (2d par., last sentence).
5 U.S.C. 463.
R.S. 436; June 29, 1949, ch. 278, 63 Stat. 300 (2d par.).
In subsection (a) the words “together with their respective functions, are hereby transferred from the Bureau of Naval Personnel, Department of the Navy” are omitted as executed. The words “attached to” are substituted for the words “and shall be administered, subject to the direction and control of the Secretary of the Navy, under the Chief of Naval Operations” for brevity. All orders issued by the Chief of Naval Operations in performing the duties assigned to him are issued under the authority of the Secretary of the Navy.
In subsection (b) the words “until further legislation by Congress” are omitted as surplusage.
In subsection (c) the word “detail” is substituted for the word “place”. The words “in charge” are omitted as surplusage. The word “duty” is substituted for the word “service” for clarity.
10 U.S.C. § 7396 (ARMED FORCES)
§ 7396. Naval Observatory: exchange of information with foreign offices
(a) The Secretary of the Navy may arrange to exchange data with foreign almanac offices to reduce the duplication of work in preparing the different national nautical and astronomical almanacs and make available for publication a larger amount of data useful to navigators and astronomers. Each such arrangement shall be made terminable on one year’s notice.
(b) The work of the Nautical Almanac Office shall be so conducted that in an emergency the part of the work intended for the use of navigators may be computed by the force of the office without foreign cooperation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457; Pub. L. 95–357, Sept. 8, 1978, 92 Stat. 591.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7396
5 U.S.C. 464.
Aug. 22, 1912, ch. 335, 37 Stat. 342 (2d par.).
In subsection (a) the words “as he may from time to time deem desirable with a view” are omitted as surplusage. The words “a larger amount of data useful” are substituted for the words “increase the total data which may be of use” for clarity.
In subsection (b) the words “during the continuance of any such arrangement” are omitted as surplusage. The third proviso of 5 U.S.C. 464 is omitted as obsolete.
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–357 struck out “in the American Ephemeris and Nautical Almanac” after “for publication”.
10 U.S.C. § 7421 (ARMED FORCES)
§ 7421. Jurisdiction and control
(a) The Secretary shall take possession of all properties inside the naval petroleum reserves that are or may become subject to the control of and use by the United States for national defense purposes, except as otherwise provided in this chapter.
(b) The Secretary has exclusive jurisdiction and control over those lands inside Naval Petroleum Reserves Numbered 1 and 2 that are covered by leases granted under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and 261–263 of title 30, and shall administer those leases.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457; Pub. L. 87–796, § 1(1), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(2), Apr. 5, 1976, 90 Stat. 307; Pub. L. 98–525, title XIV, § 1405(50), Oct. 19, 1984, 98 Stat. 2625.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7421(a)
34 U.S.C. 524 (1st 36 words of 1st par.).
June 4, 1920, ch. 228 (1st par., 1st 36 words, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1253; June 17, 1944, ch. 262, 58 Stat. 280.
7421(b)
34 U.S.C. 524 (293d word to end of 1st par.).
June 4, 1920, ch. 228 (1st par., 294th word to end, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 280.
34 U.S.C. 524a.
Feb. 25, 1928, ch. 104, 45 Stat. 148.
In subsection (b) the reference to the transfer of jurisdiction and administration is omitted as executed.
heading: References in Text
text: Section 194 of title 30, referred to in subsec. (b), was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644.
Section 204 of title 30, included within the reference to sections 202–209 in subsec. (b), was repealed by Pub. L. 94–377, § 13(a), Aug. 4, 1976, 90 Stat. 1090, subject to valid existing rights.
Sections 226d and 226e of title 30, referred to in subsec. (b), were omitted from the Code. See section 226 of Title 30, Mineral Lands and Mining.
Section 227 of title 30, referred to in subsec. (b), was omitted from the Code.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–525 substituted “Naval Petroleum Reserves Numbered” for “naval petroleum reserves numbered”.
1976—Subsec. (a). Pub. L. 94–258 struck out “of the Navy” after “Secretary”, “and oil shale” after “naval petroleum”, and substituted “for national defense purposes” for “for naval purposes”, and “this chapter” for “section 7438 hereof”.
1962—Subsec. (a). Pub. L. 87–796 empowered the Secretary to take possession of all properties inside the oil shale reserves, and inserted the exception clause.
10 U.S.C. § 7423 (ARMED FORCES)
§ 7423. Periodic re-examination of production requirements
The Secretary shall from time to time reexamine the need for the production of petroleum from oil shale for national defense when that production is authorized under section 7422 of this title. If he finds that the authorized quantity is no longer needed, he shall reduce production to the amount currently needed for national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458; Pub. L. 87–796, § 1(3), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(4), Apr. 5, 1976, 90 Stat. 309.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7423
34 U.S.C. 524 (186th through 243d words of 1st par.).
June 4, 1920, ch. 228 (1st par., 186th through 243d words, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 280.
heading: Amendments
text: 1976—Pub. L. 94–258 struck out “of the Navy” after “Secretary” and “or products” after “petroleum”.
1962—Pub. L. 87–796 directed the Secretary to re­examine, from time to time, the need for production of products from oil shale.