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10 U.S.C. § 7228 (ARMED FORCES)
§ 7228. Merchant vessels: supplies
(a) The Secretary of the Navy, under such regulations as he prescribes, may sell to a merchant ship such fuel and other supplies as may be required to meet its necessities if the ship is unable—
(1) to procure the supplies from other sources at its present location; and
(2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried on it.
(b) Sales under this section shall be at such prices as the Secretary considers reasonable. Payment shall be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise directed by another provision of law, be credited to the current appropriation concerned and are available for the same purposes as that appropriation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7228
34 U.S.C. 555f.
June 4, 1954, ch. 264, § 3, 68 Stat. 176.
10 U.S.C. § 7229 (ARMED FORCES)
§ 7229. Purchase of fuel
In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7229
34 U.S.C. 580.
R.S. 3728.
The first sentence is omitted as covered by § 2 of the Act of Mar. 3, 1933, ch. 212 (41 U.S.C. 10a). The words “for the Navy, or for naval stations and yards” are omitted, since R.S. 3728 has been interpreted as authorizing the Armed Services Petroleum Purchasing Agency to negotiate contracts for the purchase of fuel, not only when acting as a procuring activity for the Navy, but also when filling the consolidated fuel requirements of the armed forces. The word “may” is substituted for the words “shall have the power to” for uniformity. The words “discriminate and” are omitted as surplusage.
10 U.S.C. § 7230 (ARMED FORCES)
[§ 7230. Repealed. Pub. L. 103–160, div. A, title VIII, § 824(a)(4), Nov. 30, 1993, 107 Stat. 1707]
text: Section, added Pub. L. 85–43, § 1(1), May 31, 1957, 71 Stat. 44; amended Pub. L. 87–651, title I, § 125, Sept. 7, 1962, 76 Stat. 514, related to sale of degaussing equipment.
10 U.S.C. § 7231 (ARMED FORCES)
§ 7231. Accounting for expenditures for obtaining information
When the Secretary of the Navy decides that an expenditure by the Department of the Navy from an appropriation for obtaining information from anywhere in the world may be made public, the expenditure shall be accounted for specifically. When the Secretary decides that an expenditure should not be made public, the Secretary shall make a certificate on the amount of the expenditure. The certificate is a sufficient voucher for the amount stated to have been spent.
(Added Pub. L. 97–258, § 2(b)(11)(B), Sept. 13, 1982, 96 Stat. 1057.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7231
31:108.
Aug. 29, 1916, ch. 417 (2d proviso under heading “Pay, Miscellaneous”), 39 Stat. 557.
The words “anywhere in the world” are substituted for “abroad and at home”, and the words “decides that an expenditure should not be made public” are substituted for “may think it advisable not to specify”, for clarity and consistency.
10 U.S.C. § 7234 (ARMED FORCES)
§ 7234. Submarine safety programs: participation of NATO naval personnel
(a) Acceptance of Assignment of Foreign Naval Personnel.—
In order to facilitate the development, standardization, and interoperability of submarine vessel safety and rescue systems and procedures, the Secretary of the Navy may conduct a program under which members of the naval service of any of the member nations of the North Atlantic Treaty Organization may be assigned to United States commands to work on such systems and procedures.
(b) Reciprocity Not Required.—
The authority under subsection (a) is not an exchange program. Reciprocal assignments of members of the Navy to the naval service of a foreign country is not a condition for the exercise of such authority.
(c) Costs for Foreign Personnel.—
(1) The United States may not pay the following costs for a member of a foreign naval service sent to the United States under the program authorized by this section:
(A) Salary.
(B) Per diem.
(C) Cost of living.
(D) Travel costs.
(E) Cost of language or other training.
(F) Other costs.
(2) Paragraph (1) does not apply to the following costs, which may be paid by the United States:
(A) The cost of temporary duty directed by the Secretary of the Navy or an officer of the Navy authorized to do so.
(B) The cost of training programs conducted to familiarize, orient, or certify members of foreign naval services regarding unique aspects of their assignments.
(C) Costs incident to the use of the facilities of the Navy in the performance of assigned duties.
(d) Relationship to Other Authority.—
The provisions of this section shall apply in the exercise of any authority of the Secretary of the Navy to enter into an agreement with the government of a foreign country, subject to the concurrence of the Secretary of State, to provide for the assignment of members of the naval service of the foreign country to a Navy submarine safety program. The Secretary of the Navy may prescribe regulations for the application of this section in the exercise of such authority.
(e) Termination of Authority.—
The Secretary of the Navy may not accept the assignment of a member of the naval service of a foreign country under this section after September 30, 2008.
(Added Pub. L. 108–375, div. A, title XII, § 1223(a), Oct. 28, 2004, 118 Stat. 2089.)
10 U.S.C. § 7293 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7293
34 U.S.C. 452.
R.S. 1534.
The words “vessels of the Navy” are substituted for the words “of the public armed vessels”. The words “actual”, “in his opinion”, and “by the nature of the service” are omitted as surplusage. The words “in reserve” are substituted for the words “to be laid up in ordinary in convenient ports” to conform to modern terminology.
10 U.S.C. § 7294 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7294
34 U.S.C. 498h (as applicable to vessels).
May 17, 1938, ch. 243, § 9 (as applicable to vessels), 52 Stat. 403.
The words “the United States would welcome and support an international conference for naval limitations” are omitted as a declaration of purpose without permanent or general significance. The word “further” is omitted since there is no such agreement in existence today. The word “international” is omitted as unnecessary since the word “treaty” necessarily involves an international understanding. The word “may” is substituted for the words “is hereby authorized and empowered to” for brevity.
10 U.S.C. § 7295 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7295
34 U.S.C. 498g–1.
June 14, 1940, ch. 364, § 7, 54 Stat. 395.
10 U.S.C. § 7296 (ARMED FORCES)
[§ 7296. Repealed. Pub. L. 112–81, div. A, title X, § 1061(27)(A), Dec. 31, 2011, 125 Stat. 1584]
text: Section, added Pub. L. 107–314, div. A, title X, § 1021(b)(1), Dec. 2, 2002, 116 Stat. 2638; amended Pub. L. 108–136, div. A, title X, § 1011, Nov. 24, 2003, 117 Stat. 1589, required notice before reduction in number of combatant surface vessels.
heading: Prior Provisions
text: A prior section 7296, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to availability for other purposes of appropriations for construction or conversion of vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(5), Nov. 30, 1993, 107 Stat. 1707.
10 U.S.C. § 7297 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7297
34 U.S.C. 490.
June 12, 1948, ch. 452, § 2, 62 Stat. 382.
10 U.S.C. § 7298 (ARMED FORCES)
[§ 7298. Repealed. Pub. L. 103–160, div. A, title VIII, § 824(a)(6), Nov. 30, 1993, 107 Stat. 1707]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to conversion of combatant and auxiliary naval vessels.
10 U.S.C. § 7299 (ARMED FORCES)
§ 7299. Contracts: applicability of chapter 65 of title 41
Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is subject to chapter 65 of title 41 unless the President determines that this requirement is not in the interest of national defense.
(Added Pub. L. 104–106, div. A, title VIII, § 815(a), Feb. 10, 1996, 110 Stat. 396; amended Pub. L. 111–350, § 5(b)(52), Jan. 4, 2011, 124 Stat. 3846.)
heading: Prior Provisions
text: A prior section 7299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 449; Aug. 25, 1958, Pub. L. 85–747, 72 Stat. 839; Dec. 12, 1980, Pub. L. 96–513, title V, § 513(26), 94 Stat. 2932; Oct. 12, 1982, Pub. L. 97–295, § 1(47), 96 Stat. 1298, directed that each contract for construction, alteration, furnishing, or equipping of naval vessel was subject to the Walsh-Healey Act, unless President determined that such requirement was not in interest of national defense, prior to repeal by Pub. L. 103–355, title III, § 3023(a), Oct. 13, 1994, 108 Stat. 3333.
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “chapter 65 of title 41” for “Walsh-Healey Act” in section catchline and for “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” in text.
10 U.S.C. § 7300 (ARMED FORCES)
§ 7300. Contracts for nuclear ships: sales of naval shipyard articles and services to private shipyards
The conditions set forth in section 2208(j)(1)(B) of this title and subsections (a)(1) and (c)(1)(A) of section 2563 of this title shall not apply to a sale by a naval shipyard of articles or services to a private shipyard that is made at the request of the private shipyard in order to facilitate the private shipyard’s fulfillment of a Department of Defense contract with respect to a nuclear ship. This section does not authorize a naval shipyard to construct a nuclear ship for the private shipyard, to perform a majority of the work called for in a contract with a private entity, or to provide articles or services not requested by the private shipyard.
(Added Pub. L. 106–65, div. A, title X, § 1016(a), Oct. 5, 1999, 113 Stat. 744; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1033(c)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–261.)
heading: Prior Provisions
text: A prior section 7300, act Aug. 10, 1956, ch. 1041, 70A, Stat. 450, related to profit limitations on contracts for construction of naval vessels, prior to repeal by Pub. L. 97–86, title IX, § 911(b)(1), Dec. 1, 1981, 95 Stat. 1122.
heading: Amendments
text: 2000—Pub. L. 106–398 substituted “section 2563” for “section 2553”.
10 U.S.C. § 7301 (ARMED FORCES)
[§ 7301. Repealed. Pub. L. 103–160, div. A, title VIII, § 824(a)(7), Nov. 30, 1993, 107 Stat. 1707]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 450, related to estimates required for bids on construction of naval vessels.
10 U.S.C. § 7302 (ARMED FORCES)
[§ 7302. Repealed. Pub. L. 103–355, title III, § 3024(a), Oct. 13, 1994, 108 Stat. 3334]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 451, directed Department of the Navy to construct on U.S. Pacific Coast such vessels as President determined necessary to maintain shipyard facilities there adequate to meet requirements of national defense.
10 U.S.C. § 7303 (ARMED FORCES)
§ 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; Pub. L. 89–718, § 41, Nov. 2, 1966, 80 Stat. 1120.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7303
5 U.S.C. 430a.
May 6, 1936, ch. 333, 49 Stat. 1263; June 20, 1940, ch. 400, § 1(a), (b), 54 Stat. 492.
In subsection (a) the authority to purchase a site and construct the model basin is omitted as executed. The words “David W. Taylor Model Basin, Carderock, Maryland” are inserted to designate the model basin established under this authority. The words “investigations to determine” are substituted for the words “work of investigating and determining.” The phrase “vessels, including aircraft” is changed to read “vessels and aircraft”, and the words “their design” are substituted for “ship design”.
heading: Amendments
text: 1966—Subsec. (a). Pub. L. 89–718 substituted “An officer or agency of the Department of the Navy designated by the Secretary of the Navy” for “The Bureau of Ships”.
10 U.S.C. § 7304 (ARMED FORCES)
§ 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.
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1708.)
heading: Prior Provisions
text: A prior section 7304, act Aug. 10, 1956, ch. 1041, 70A Stat. 451, related to examination of vessels by board and striking of unfit vessels from Naval Vessel Register, prior to repeal by Pub. L. 103–160, § 824(b).
10 U.S.C. § 7305a (ARMED FORCES)
§ 7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on net-cost basis
(a) Authority for Net-Cost Basis Contracts.—
When the Secretary of the Navy awards a contract for the dismantling of a vessel stricken from the Naval Vessel Register, the Secretary may award the contract on a net-cost basis.
(b) Retention by Contractor of Proceeds of Sale of Scrap and Reusable Items.—
When the Secretary awards a contract on a net-cost basis under subsection (a), the Secretary shall provide in the contract that the contractor may retain the proceeds from the sale of scrap and reusable items removed from the vessel dismantled under the contract.
(c) Definitions.—
In this section:
(1) The term “net-cost basis”, with respect to a contract for the dismantling of a vessel, means that the amount to be paid to the contractor under the contract for dismantling and for removal and disposal of hazardous waste material is discounted by the offeror’s estimate of the value of scrap and reusable items that the contractor will remove from the vessel during performance of the contract.
(2) The term “scrap” means personal property that has no value except for its basic material content.
(3) The term “reusable item” means a demilitarized component or a removable portion of a vessel or equipment that the Secretary of the Navy has identified as excess to the needs of the Navy but which has potential resale value on the open market.
(Added Pub. L. 108–375, div. A, title X, § 1011(a), Oct. 28, 2004, 118 Stat. 2038.)
10 U.S.C. § 7306a (ARMED FORCES)
§ 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 and Environmental Remediation of 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 and such environmental remediation of the vessel as is required for the use of the vessel for experimental purposes.
(2) Material and equipment stripped from a vessel under paragraph (1) may be sold by the contractor or by a sales agent approved by the Secretary.
(3) Amounts received as proceeds from the stripping of a vessel pursuant to this subsection shall be credited to appropriations available for the procurement of services needed for such stripping and for environmental remediation required for the use of the vessel for experimental purposes. Amounts received in excess of amounts needed for reimbursement of those costs shall be deposited into the account from which the stripping and environmental remediation expenses were incurred and shall be available for stripping and environmental remediation of other vessels to be used for experimental purposes.
(c) Use for Experimental Purposes Defined.—
In this section, the term “use for experimental purposes”, with respect to a vessel, includes use of the vessel in a Navy sink exercise or for target purposes.
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1709; amended Pub. L. 108–136, div. A, title X, § 1012, Nov. 24, 2003, 117 Stat. 1589.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7306 of this title prior to repeal by Pub. L. 103–160.
heading: Amendments
text: 2003—Subsec. (b). Pub. L. 108–136, § 1012(a)(1), inserted “and Environmental Remediation of” before “Vessel” in heading.
Subsec. (b)(1). Pub. L. 108–136, § 1012(a)(2), inserted before period at end “and such environmental remediation of the vessel as is required for the use of the vessel for experimental purposes”.
Subsec. (b)(2). Pub. L. 108–136, § 1012(b)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 108–136, § 1012(b)(1), (3), redesignated par. (2) as (3) and substituted “services needed for such stripping and for environmental remediation required for the use of the vessel for experimental purposes. Amounts received in excess of amounts needed for reimbursement of those costs shall be deposited into the account from which the stripping and environmental remediation expenses were incurred and shall be available for stripping and environmental remediation of other vessels to be used for experimental purposes” for “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”.
Subsec. (c). Pub. L. 108–136, § 1012(c), added subsec. (c).
10 U.S.C. § 7308 (ARMED FORCES)
§ 7308. Chief of Naval Operations: certification required for disposal of combatant vessels
Notwithstanding any other provision of law, no combatant vessel of the Navy may be sold, transferred, or otherwise disposed of unless the Chief of Naval Operations certifies that it is not essential to the defense of the United States.
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710.)
heading: Prior Provisions
text: A prior section 7308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 453; Dec. 12, 1980, Pub. L. 96–513, title V, § 513(29), 94 Stat. 2933; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, § 1234(a)(6), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, § 1427, 104 Stat. 1685, related to transfer or gift of obsolete, condemned, and captured vessels, prior to repeal by Pub. L. 103–160, § 824(b).
10 U.S.C. § 7309 (ARMED FORCES)
§ 7309. Construction of vessels in foreign shipyards: prohibition
(a) Prohibition.—
Except as provided in subsection (b), no vessel to be constructed for any of the armed forces, and no major component of the hull or superstructure of any such vessel, may be constructed in a foreign shipyard.
(b) Presidential Waiver for National Security Interest.—
(1) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so.
(2) The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date on which the notice of the determination is received by Congress.
(c) Exception for Inflatable Boats.—
An inflatable boat or a rigid inflatable boat, as defined by the Secretary of the Navy, is not a vessel for the purpose of the restriction in subsection (a).
(Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710.)
heading: Prior Provisions
text: A prior section 7309, added Pub. L. 97–252, title XI, § 1127(a), Sept. 8, 1982, 96 Stat. 758; amended Pub. L. 98–473, title I, § 101(h) [title VIII, § 8095], Oct. 12, 1984, 98 Stat. 1904, 1941; Pub. L. 99–145, title XIII, § 1303(a)(24)(A), Nov. 8, 1985, 99 Stat. 740; Pub. L. 100–180, div. A, title XI, § 1103, Dec. 4, 1987, 101 Stat. 1146; Pub. L. 100–456, div. A, title XII, § 1224(a), (b)(1), Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101–189, div. A, title XVI, § 1622(c)(8), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 102–190, div. A, title X, § 1017, Dec. 5, 1991, 105 Stat. 1459; Pub. L. 102–484, div. A, title X, § 1012, Oct. 23, 1992, 106 Stat. 2483, related to restrictions on construction and repair of vessels in foreign shipyards, prior to repeal by Pub. L. 103–160, § 824(b).
heading: Delegation of Authority
text: For delegation of authority of President under subsec. (b) of this section, see section 3 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title.