§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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7291 | 34 U.S.C. 451 (as applicable to classification of vessels). | Mar. 3, 1901, ch. 852 (last par. as applicable to classification of vessels), |
Advance Procurement Funding
"(a)
"(1) Components, parts, or materiel.
"(2) Production planning and other related support services that reduce the overall procurement lead time of such vessel."
Procurement Programs for Future Naval Surface Combatants
"(a)
"(1) An acquisition strategy for such surface combatants that has been approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics.
"(2) Certification that the Joint Requirements Oversight Council-
"(A) has been briefed on the acquisition strategy to procure such surface combatants; and
"(B) has concurred that such strategy is the best preferred approach to deliver required capabilities to address future threats, as reflected in the latest assessment by the defense intelligence community.
"(3) A verification by, and conclusions of, an independent review panel that, in evaluating the program or programs concerned, the Secretary of the Navy considered each of the following:
"(A) Modeling and simulation, including war gaming conclusions regarding combat effectiveness for the selected ship platforms as compared to other reasonable alternative approaches.
"(B) Assessments of platform operational availability.
"(C) Life cycle costs, including vessel manning levels, to accomplish missions.
"(D) The differences in cost and schedule arising from the need to accommodate new sensors and weapons in surface combatants to be constructed after fiscal year 2011 to counter the future threats referred to in paragraph (2), when compared with the cost and schedule arising from the need to accommodate sensors and weapons on surface combatants as contemplated by the 2009 shipbuilding plan for the vessels concerned.
"(4) The conclusions of a joint review by the Secretary of the Navy and the Director of the Missile Defense Agency setting forth additional requirements for investment in Aegis ballistic missile defense beyond the number of DDG–51 and CG–47 vessels planned to be equipped for this mission area in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) avoids redundant development for common functions;
"(B) reflects implementation of Navy plans for achieving an open architecture for all naval surface combat systems; and
"(C) fosters competition.
"(e)
"(1) The term '2009 shipbuilding plan' means the 30-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, United States Code, together with the budget of the President for fiscal year 2009 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).
"(2) The term 'surface combatant' means a cruiser, a destroyer, or any naval vessel, excluding Littoral Combat Ships, under a program currently designated as a future surface combatant program."
Assessments Required Prior to Start of Construction on First Ship of a Shipbuilding Program
"(a)
"(1) submit a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the results of any production readiness review; and
"(2) certify to the congressional defense committees that the findings of any such review support commencement of construction.
"(b)
"(1) The maturity of the ship's design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.
"(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.
"(3) The readiness of the shipyard facilities and workforce to begin construction.
"(4) The Navy's estimated cost at completion and the adequacy of the budget to support the estimate.
"(5) The Navy's estimated delivery date and description of any variance to the contract delivery date.
"(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.
"(c)
"(d)
"(1)
"(2)
"(A) the ship is the first ship to be constructed under that shipbuilding program; or
"(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.
"(3)
"(4)
Policy Relating to Major Combatant Vessels of the Strike Forces of the United States Navy
"(a)
"(b)
"(c)
"(1)
"(A) Submarines.
"(B) Aircraft carriers.
"(C) Cruisers, battleships, or other large surface combatants whose primary mission includes protection of carrier strike groups, expeditionary strike groups, and vessels comprising a sea base.
"(D) Amphibious assault ships, including dock landing ships (LSD), amphibious transport–dock ships (LPD), helicopter assault ships (LHA/LHD), and amphibious command ships (LCC), if such vessels exceed 15,000 dead weight ton light ship displacement.
"(2)
"(3)
Alternative Technologies for Future Surface Combatants
"(a)
"(1) Securing and maintaining access to affordable and plentiful sources of energy is a vital national security interest for the United States.
"(2) The Nation's dependence upon foreign oil is a threat to national security due to the inherently volatile nature of the global oil market and the political instability of some of the world's largest oil producing states.
"(3) Given the recent increase in the cost of crude oil, which cannot realistically be expected to improve over the long term, other energy sources must be seriously considered.
"(4) Alternate propulsion sources such as nuclear power offer many advantages over conventional power for major surface combatant ships of the Navy, including-
"(A) virtually unlimited high-speed endurance;
"(B) elimination of vulnerable refueling; and
"(C) reduction in the requirement for replenishment vessels and the need to protect those vessels.
"(b)
"(c)
Pilot Program for Flexible Funding of Cruiser Conversions and Overhauls
Vessel Scrapping Pilot Program
Consideration of Vessel Location for Award of Layberth Contracts for Sealift Vessels
"(a)
"(1) members of the Armed Forces are likely to be loaded onto the vessels; and
"(2) layberthing the vessels maximizes the ability of the vessels to meet mobility and training needs of the Department of Defense.
"(b)
"(c)
Revitalization of United States Shipbuilding Industry
"(a)
"(b)
"(2) The working group shall include representatives from all appropriate agencies, including the Department of Defense, the Department of State, the Department of Commerce, the Department of Transportation, the Department of Labor, the Office of the United States Trade Representative, and the Maritime Administration.
"(3) The President shall submit to Congress the comprehensive plan developed by the working group not later than October 1, 1993.
"(c)
"(d)
"(1) the amount of Department of Defense contracts that were awarded to companies physically located or headquartered in the countries identified in the Secretary of Transportation's report under subsection (d) for the most recent year for which data is available; and
"(2) the effect on defense programs of a prohibition of awarding contracts to companies physically located or headquartered in the countries identified in the Secretary of Transportation's report under subsection (d).
"(e)
"(1) the adequacy of United States shipbuilding industry to meet military requirements, including sealift, during the period of 1994 through 1999; and
"(2) the causes of any inadequacy identified and actions that could be taken to correct such inadequacies.
"(f)
"(g)
"(2) Paragraph (1) shall not apply if the President-
"(A) notifies Congress that he is unable to submit the plan by the time required under subsection (c); and
"(B) includes with the notice a brief explanation of the reasons for the delay and a statement that the plan will be submitted by April 15, 1994.
"(h)
"(1) The term 'foreign shipyard' includes a ship construction or repair facility located in a foreign country that is directly or indirectly owned, controlled, managed, or financed by a foreign shipyard that receives or benefits from a subsidy.
"(2) The term 'subsidy' includes any of the following:
"(A) Officially supported export credits and development assistance.
"(B) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including-
"(i) grants;
"(ii) loans and loan guarantees other than those available on the commercial market;
"(iii) forgiveness of debt;
"(iv) equity infusions on terms inconsistent with commercially reasonable investment practices;
"(v) preferential provision of goods and services; and
"(vi) public sector ownership of commercial shipyards on terms inconsistent with commercially reasonable investment practices.
"(C) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including the kinds of support listed in clauses (i) through (v) of subparagraph (B), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures.
"(D) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises.
"(E) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions and preferences, including accelerated depreciation, if the benefits are not generally available to persons or firms not engaged in shipbuilding or repair.
"(F) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements.
"(G) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders.
"(H) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade negotiations.
"(3) The term 'vessel' means any self-propelled, sea-going vessel-
"(A) of not less than 100 gross tons, as measured under the International Convention of Tonnage Measurement of Ships, 1969; and
"(B) not exempt from entry under section 441 of the Tariff Act of 1930 (19 U.S.C. 1431)."
Fast Sealift Program
"(a)
"(1) to acquire vessels for the program from among available vessels built in United States shipyards; and
"(2) to convert in United States shipyards vessels built in United States shipyards.
"(b)
"(a)
"(b)
"(1) The Secretary of the Navy shall establish the design requirements for vessels to be constructed or converted under the program.
"(2) In establishing the design requirements for vessels to be constructed or converted under the program, the Secretary shall use commercial design standards and shall consult with the Administrator of the Maritime Administration.
"(3) Construction or conversion of the vessels shall be accomplished in private United States shipyards.
"(4) The vessels constructed or converted under the program shall incorporate propulsion systems whose main components (that is, the engines, reduction gears, and propellers) are manufactured in the United States.
"(5) The vessels constructed or converted under the program shall incorporate bridge and machinery control systems and interior communications equipment which-
"(A) are manufactured in the United States; and
"(B) have more than half of their value, in terms of cost, added in the United States.
"(6) The Secretary of Defense may waive the requirement of paragraph (5) with respect to a system or equipment described in that paragraph if-
"(A) the system or equipment is not available; or
"(B) the costs of compliance would be unreasonable compared to the costs of purchase from a foreign manufacturer.
"(c)
"(A) shall not permit the operation of the vessel other than in the foreign commerce of the United States;
"(B) may be made only with an individual or entity that is a citizen of the United States (which, in the case of a corporation, partnership, or association, shall be determined in the manner specified in section 2 of the Shipping Act, 1916 ([former] 46 U.S.C. App. 802)) [see 46 U.S.C. 50501]; and
"(C) shall require that the vessel be documented (and remain documented) under the laws of the United States.
"(2) The Secretary may enter into a charter under paragraph (1) only through the use of competitive bidding procedures that ensure that the highest charter rates are obtained by the United States consistent with good business practice, except that the Secretary may operate the vessel (or contract to have the vessel operated) in direct support of United States military forces during a time of war or national emergency and at other times when the Administrator of the Maritime Administration determines that that operation would not unfairly compete with another United States-flag vessel.
"(3) If the Secretary determines that a vessel previously chartered under the program no longer has commercial utility, the Secretary may transfer the vessel to the National Defense Reserve Fleet.
"(4) A contract for the charter of a vessel under paragraph (1) shall include a provision that the charter may be terminated for national security reasons without cost to the United States.
"(d)
"(2) Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation of the plan described in the report submitted under paragraph (1). The report shall include a description of vessels built or under contract to be built pursuant to this section, the use of such vessels, and the operating experience and manning of such vessels.
"(3) The reports under paragraphs (1) and (2) shall be prepared in consultation with the Administrator of the Maritime Administration.
"(e)
Funding for Ship Production Engineering
"(a)
"(b)
Depot-Level Maintenance of Ships
Reports on Effects of Naval Shipbuilding Plans on Maritime Industries
Repair of Vessels in Foreign Shipyards
Encouragement of Construction in United States Shipyards of Combatant Vessels for United States Allies
"(a)
"(1) to encourage United States shipyards to construct combatant vessels for nations friendly to the United States, subject to the requirement to safeguard sensitive warship technology; and
"(2) to ensure that no effort is made by any element of the Department of the Navy to inhibit, delay, or halt the provision of any United States naval system to a nation allied with the United States if that system is approved for export to a foreign nation, unless approval of such system for export is withheld solely for the purpose of safeguarding sensitive warship technology;
"(3) if opportunities arise to construct combatant vessels (including diesel submarines) outside the United States in a shipyard of a friendly foreign nation, with some or all of the costs provided by United States funds-
"(A) to encourage United States firms to participate in such construction to the maximum extent possible, subject to the requirement to safeguard sensitive warship technology; and
"(B) to ensure, whenever practicable, that at least 51 percent of the dollar value of such construction is provided by United States firms.
"(b)
Six-Hundred-Ship Goal for Navy; Sense of Congress
"(1) A larger and stronger American Navy is needed as an essential ingredient of our Armed Forces, in order to fulfill its basic missions of (A) protecting the sea lanes to preserve the safety of the free world's commerce, (B) assuring continued access to raw materials essential to the well-being of the free world, (C) enhancing our capacity to project effective American forces into regions of the world where the vital interests of the United States must be protected, (D) engaging the Navy of the Soviet Union or any other potential adversary successfully, (E) continuing to serve as a viable leg of our strategic triad, and (F) providing visible evidence of American diplomatic, economic and military commitments throughout the world.
"(2) In order to conduct the numerous and growing missions of the modern American Navy, a goal of a naval inventory of approximately six hundred active ships of various types by the end of the century at the latest, is highly desirable, the exact figure to be flexible to accommodate new designs as the specific details of our naval missions evolve to meet various contingencies.
"(3) The Secretary of Defense comply with section 808 of
Construction of Advanced, Versatile, Survivable, and Cost-Effective Combatant Ships; Plans and Programs; Presidential Conclusions and Recommendations To Accompany Ship Authorization Requests
Conversion, Overhaul, or Repair Work Under Service Life Extension Program or DDG–2 Destroyer Modernization Program; Use of Public or Private Shipyards; Additional Personnel; Least-Cost Approach Study; Report to Congress; Advanced Planning or Purchasing Long Lead Items
Naval Ship New Construction and Conversion Program; Reports to Congressional Committees
Nuclear Powered Major Combatant Vessels; Construction; Definitions; Report to Congress by Secretary of Defense; Limitations on Authorization or Appropriation Requests: Report to Congress by President of Alternate Program
Tonnage Balance for Construction of Ships; Repeal
Construction of Alternate Vessels in Government Navy Yards; Public Interests
Conversion, Alteration, and Repair Projects; Considerations and Requirements