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CHAPTER 631-SECRETARY OF THE NAVY:
MISCELLANEOUS POWERS AND DUTIES

Sec.

*

7211.

Attendance at meetings of technical, professional, or scientific organiza

tions.
Employment of outside architects and engineers.

7212.

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$ 7211. Attendance at meetings of technical, professional, or

scientific organizations (a) The Secretary of the Navy may authorize

(1) members of the naval service on active duty;

(2) civilian officers and employees of the Department of the Navy;

(3) members of the Coast Guard when it is operating as a service in the Navy; and

(4) members of the National Oceanic and Atmospheric Administration serving with the Navy; to attend meetings of technical, professional, scientific, and similar organizations, if the Secretary believes that their attendance will benefit the Department. The personnel may be reimbursed for their expenses at the rates prescribed by law.

(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. (Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, P.L. 89–718, $8(a), 80 Stat. 1117; Dec. 12, 1980, P.L. 96–513, § 513(24), 94 Stat. 2932.) $ 7212. Employment of outside architects and engineers

(a) Whenever the Secretary of the Navy believes that the existing facilities of the Department of the Navy are inadequate and he considers it advantageous to national defense, he may employ, by contract or otherwise, without advertising and without reference to sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5, architectural or engineering corporations, or firms, or individual architects or engineers, to produce designs, plans, drawings, and specifications for the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof.

(b) The fee for any service under this section may not exceed 6 percent of the estimated cost, as determined by the Secretary, of the project to which the fee applies.

(Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, P.L. 89–718, § 28, 80 Stat. 1119; Oct. 13, 1978, P.L. 95–454, $ 703(c)(3), $ 801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12, 1980, P.L. 96-513, $513(25), 94 Stat. 2932.)

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$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.)

CHAPTER 633-NAVAL VESSELS 1,2

Sec. 7291. Classification. 7292. Naming. 7293. Number in service in time of peace. 7294. Suspension of construction in case of treaty. 7295. Vessels: underage. 7296. Combatant surface vessels: notice before reduction in number; preserva

tion of surge capability. 7297. Changing category or type: limitations. [7298. Repealed.] 7299. Contracts: applicability of Walsh-Healey Act. 7299a. Construction of combatant and escort vessels and assignment of vessel

projects. 7300. Contracts for nuclear ships: sales of naval shipyard articles and services

to private shipyards. [7301 to 7302. Repealed.] 7303. Model basin; investigation of hull designs. 7304. Examination of vessels; striking of vessels from Naval Vessel Register. 7305. Vessels stricken from Naval Vessel Register: sale. 7306. Vessels stricken from Naval Vessel Register; captured vessels: transfer by

gift or otherwise. 7306a. Vessels stricken from Naval Vessel Register: use for experimental pur

poses. 7307. Disposals to foreign nations. 7308. Chief of Naval Operations: certification required for disposal of combatant

vessels. 7309. Construction of vessels in foreign shipyards: prohibition. 7310. Overhaul, repair, etc. of vessels in foreign shipyards: restrictions. 7311. Repair or maintenance of naval vessels: handling of hazardous waste. [7312. Repealed.] 7313. Ship overhaul work: availability of appropriations for unusual cost over

runs and for changes in scope of work. 7314. Overhaul of naval vessels: competition between public and private ship

yards. 7315. Preservation of Navy shipbuilding capability. $7291. Classification

The President may establish, and from time to time modify, as the needs of the service require, a classification of naval vessels. (Aug. 10, 1956, ch. 1041, 70A Stat. 448.) $7292. Naming

(a) Not more than one vessel of the Navy may have the same name,

1 Section 1613(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (P.L. 101–189) provides:

(a) CATEGORY FOR FUNDING.–Any request submitted to Congress for appropriations for ship production engineering necessary to support the procurement of any ship included (at the time the request is submitted) in the five-year shipbuilding and conversion plan of the Navy shall be set forth in the Shipbuilding and Conversion account of the Navy (rather than in research and development accounts).

2 For a provision requiring the consideration of vessel location as a factor in the award of layberth contracts for sealift vessels, see section 375 of the National Defense Authorization Act for Fiscal Year 1993 (P.L. 102–484), set forth on page 449.

(b) Each battleship shall be named for a State. However, if the names of all the States are in use, a battleship may be named for a city, place, or person.

(c) The Secretary of the Navy may change the name of any vessel bought for the Navy. (Aug. 10, 1956, ch. 1041, 70A Stat. 448.) $ 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.) $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.) $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.) $ 7296. Combatant surface vessels: notice before reduction in

number; preservation of surge capability (a) NOTICE-AND-WAIT BEFORE REDUCTIONS.—(1) A reduction described in paragraph (2) in the number of combatant surface vessels may only be carried out after

(A) the Secretary of the Navy submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the proposed reduction; and

(B) a period of 90 days has expired after the date on which such notification is received.

(2) A reduction described in this paragraph in the number of combatant surface vessels is a reduction,

(A) from 116, or a number greater than 116, to a number less than 116; or

(B) from a number less than 116 to a lesser number. (3) Any notification under paragraph (1)(A) shall include the following:

(A) The schedule for the proposed reduction.

(B) The number of vessels that are to comprise the force of combatant surface vessels after the reduction.

(C) A risk assessment for a force of combatant surface vessels of the number specified under subparagraph (B) that is based on the same assumptions as were applied in the QDR 2001 combatant surface force risk assessment.

(b) PRESERVATION OF SURGE CAPABILITY.Whenever the number of combatant surface vessels is less than 116, the Secretary of the Navy shall maintain on the Naval Vessel Register a sufficient number of combatant surface vessels to enable the Navy to regain a force of combatant surface vessels numbering not less than 116 within 120 days after the date of any decision by the President to increase the number of combatant surface vessels. (c) DEFINITIONS.—In this section:

(1) The term "combatant surface vessels” means cruisers, destroyers, and frigates that are in active service in the Navy or in active reserve service in the Navy.

(2) The term “QDR 2001 combatant surface force risk assessment” means the risk assessment associated with a force of combatant surface vessels numbering 116 that is set forth in the report on the quadrennial defense review submitted to Congress on September 30, 2001, under section 118 of this

title. (Added P.L. 107–314, § 1021(b)(1), Dec. 2, 2002, 116 Stat. 2638.) $ 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.) [$ 7298. Repealed. P.L. 103–160, 824(a)(6), Nov. 30, 1993, 107

Stat. 1707] $7299. Contracts: applicability of Walsh-Healey Act

Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is subject to the Walsh-Healey Act (41 U.S.C. 35 et seq.) unless the President determines that this requirement is not in the interest of national defense. (Added P.L. 104-106, $815(a), Feb. 10, 1996, 110 Stat. 396 [former 7299 repealed by $ 3023(a) of P.L. 103–355].) $ 7299a. Construction of combatant and escort vessels and

assignment of vessel projects (a) The assignment of naval vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of naval shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.

(b) In evaluating bids or proposals for a contract for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall, in determining the cost or price of work to be performed in an area outside the area of the homeport of the vessel, consider foreseeable costs of moving the vessel and its crew from

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