10 USC 8680 – Overhaul, repair, etc. of vessels in foreign shipyards: restrictions
(a)
Terms Used In 10 USC 8680
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a naval vessel classified as a Littoral Combat Ship and operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
(i) in a foreign shipyard;
(ii) at a facility outside of a foreign shipyard; or
(iii) at any other facility convenient to the vessel.
(B)(i)(I) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) if the work is performed by United States Government personnel or United States contractor personnel.
(II) Notwithstanding subclause (I), foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph (A) only if the Secretary of the Navy determines that travel by United States Government personnel or United States contractor personnel to perform the corrective or preventive maintenance or repair is not advisable for health or safety reasons. The Secretary of the Navy may not delegate the authority to make a determination under this subclause.
(III) Not later than 30 days after making a determination under subclause (II), the Secretary of the Navy shall submit to the congressional defense committees written notification of the determination. The notification shall include the reasons why travel by United States personnel is not advisable for health or safety reasons, the location where the corrective and preventive maintenance or repair will be performed, and the approximate duration of the corrective and preventive maintenance or repair.
(ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.
(C) In this paragraph:
(i) The term “corrective and preventive maintenance or repair” means—
(I) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
(II) scheduled maintenance or repair actions to prevent or discover functional failures.
(ii) The term “facilities maintenance” means—
(I) the effort required to provide housekeeping services throughout the ship;
(II) the effort required to perform coating maintenance and repair to exterior and interior surfaces due to normal environmental conditions; and
(III) the effort required to clean mechanical spaces, mission zones, and topside spaces.
(3) Notwithstanding paragraph (1), a naval vessel described in paragraph (1) may be repaired in a shipyard outside the United States or Guam if the repairs are—
(A) voyage repairs; or
(B) necessary to correct damage sustained due to hostile actions or interventions.
(b)
(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.
(c)
(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.