(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

the homeport to the outside area and from the outside area back to the homeport at the completion of the contract.

(c)(1) Before issuing a solicitation for a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall determine if there is adequate competition available among firms able to perform the work at the homeport of the vessel. If the Secretary determines that there is adequate competition among such firms, the Secretary—

(A) shall issue such a solicitation only to firms able to perform the work at the homeport of the vessel; and

(B) may not award such contract to a firm other than a firm that will perform the work at the homeport of the vessel. (2) Paragraph (1) applies notwithstanding subsection (a) or any other provision of law.

(3) Paragraph (1) does not apply in the case of voyage repairs. (4) In this subsection, the term "short-term work" means work that will be for a period of six months or less.

(Added P.L. 97-295, § 1(48)(A), Oct. 12, 1982, 96 Stat. 1298; amended P.L. 99-661, § 1201(a), Nov. 14, 1986, 100 Stat. 3967; P.L. 100-180, § 1101, Dec. 4, 1987, 101 Stat. 1145; P.L. 101-510, § 1422, Nov. 5, 1990, 104 Stat. 1682; P.L. 102-484, § 1016, Oct. 23, 1992, 106 Stat. 2485.)

§ 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 P.L. 106-65, §1016(a), Oct. 5, 1999, 113 Stat. 744; amended P.L. 106-398, § 1[1033(c)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-261.)

[§ 7301. Repealed. P.L. 103-160, § 824(a)(7), Nov. 30, 1993, 107 Stat. 1707]

[§ 7302. Repealed. P.L. 103-355, § 3024(a), Oct. 13, 1994, 108 Stat. 3334]

§ 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; Nov. 2, 1966, P.L. 89-718, §41, 80 Stat. 1120.)

§ 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 451; revised in its entirety P.L. 103-160, § 824(b), Nov. 30, 1993, 107 Stat. 1708.)

§ 7305. Vessels stricken from Naval Vessel Register: sale

(a) APPRAISAL OF VESSELS STRICKEN FROM NAVAL VESSEL REGISTER.-The Secretary of the Navy shall appraise each vessel stricken from the Naval Vessel Register under section 7304 of this title.

(b) AUTHORITY TO SELL VESSEL.-If the Secretary considers that the sale of the vessel is in the national interest, the Secretary may sell the vessel. Any such sale shall be in accordance with regulations prescribed by the Secretary for the purposes of this section.

(c) PROCEDURES FOR SALE. (1) A vessel stricken from the Naval Vessel Register and not subject to disposal under any other law may be sold under this section.

(2) In such a case, the Secretary may

(A) sell the vessel to the highest acceptable bidder, regardless of the appraised value of the vessel, after publicly advertising the sale of the vessel for a period of not less than 30 days; or

(B) subject to paragraph (3), sell the vessel by competitive negotiation to the acceptable offeror who submits the offer that is most advantageous to the United States (taking into account price and such other factors as the Secretary determines appropriate).

(3) Before entering into negotiations to sell a vessel under paragraph (2)(B), the Secretary shall publish notice of the intention to do so in the Commerce Business Daily sufficiently in advance of initiating the negotiations that all interested parties are given a reasonable opportunity to prepare and submit proposals. The Secretary shall afford an opportunity to participate in the negotiations to all acceptable offerors submitting proposals that the Secretary considers as having the potential to be the most advantageous to

the United States (taking into account price and such other factors as the Secretary determines appropriate).

(d) APPLICABILITY.-This section does not apply to a vessel the disposal of which is authorized by subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), if it is to be disposed of under subtitle I of title 40 and title III.

(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Dec. 12, 1980, P.L. 96-513, 513(27), 94 Stat. 2933; revised in its entirety P.L. 103-160, § 824(b), Nov. 30, 1993, 107 Stat. 1708; amended P.L. 105– 85, § 1021, Nov. 18, 1997, 111 Stat. 1875; P.L. 107-217, §3(b)(28), Aug. 21, 2002, 116 Stat. 1297.)

§ 7306. Vessels stricken from Naval Vessel Register; captured vessels: transfer by gift or otherwise

(a) AUTHORITY TO MAKE TRANSFER.-Subject to section 113 of title 40, the Secretary of the Navy may transfer, by gift or otherwise, any vessel stricken from the Naval Vessel Register, or any captured vessel, to—

(1) any State, Commonwealth, or possession of the United States or any municipal corporation or political subdivision thereof;

(2) the District of Columbia; or

(3) any not-for-profit or nonprofit entity.

(b) VESSEL TO BE MAINTAINED IN CONDITION SATISFACTORY TO SECRETARY.-An agreement for the transfer of a vessel under subsection (a) shall include a requirement that the transferee will maintain the vessel in a condition satisfactory to the Secretary.

(c) TRANSFERS TO BE AT NO COST TO UNITED STATES.-Any transfer of a vessel under this section shall be made at no cost to the United States.

(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.-(1) A transfer under this section may not take effect until—

(A) the Secretary submits to Congress notice of the proposed transfer; and

(B) 30 days of a session of Congress have expired following the date on which the notice is sent to Congress.

(2) For purposes of paragraph (1)(B)—

(A) the period of a session of Congress is broken only by an adjournment of Congress sine die at the end of the final session of a Congress; and

(B) any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain, or because of an adjournment sine die at the end of the first session of a Congress, shall be excluded in the computation of such 30-day period.

(Aug. 10, 1956, ch. 1041, 70A Stat. 452; Nov. 8, 1965, P.L. 89-348, § 1(10), 79 Stat. 1311; Nov. 2, 1966, P.L. 89-718, &42, 80 Stat. 1120; Nov. 29, 1989, P.L. 101-189, § 1616, 103 Stat. 1602; revised in its entirety P.L. 103-160, § 824(b), Nov. 30, 1993, 107 Stat. 1709; P.L. 106-65, § 1011, Oct. 5, 1999, 113 Stat. 739; P.L. 107-217, § 3(b)(29), Aug. 21, 2002, 116 Stat. 1297.)

§ 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 Reg