§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.

(b) Content of Notification.-Any notification under subsection (a)(1)(A) shall include the following:

(1) The schedule for the proposed reduction.

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

(3) A risk assessment for a force of combatant surface vessels of the number specified under paragraph (2) that is based on the same assumptions as were applied in the QDR 2001 combatant surface force risk assessment.

(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 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 .)

Prior Provisions

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 .

Amendments

2003-Subsec. (a)(3). Pub. L. 108–136, §1011(b)(1), redesignated par. (3) as subsec. (b).

Subsec. (b). Pub. L. 108–136, §1011(a), (b)(1), (2), redesignated par. (3) of subsec. (a) as subsec. (b), inserted heading and substituted "subsection (a)(1)(A)" for "paragraph (1)(A)" in introductory provisions, redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out heading and text of former subsec. (b). Text read as follows: "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."

Subsec. (b)(3). Pub. L. 108–136, §1011(b)(3), substituted "paragraph (2)" for "subparagraph (B)".

Effective Date

Pub. L. 107–314, div. A, title X, §1021(c), Dec. 2, 2002, 116 Stat. 2639 , provided that: "The provisions of subparagraph (B) of subsection (a)(1) of section 7296 of title 10, United States Code, as added by subsection (b)(1) of this section, shall apply only with respect to notifications submitted under subparagraph (A) of that subsection on or after January 15, 2003."