10 U.S.C. § 8679 — Construction of vessels in foreign ship-

Page 3334 TITLE 10—ARMED FORCES § 8679 1 See References in Text note below. (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) FORM.—A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) DEFINITIONS.—In this section: (1) The term ‘‘battle force ship’’ means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that con- tributes directly to Navy warfighting or sup- port missions. (2) The term ‘‘expected service life’’ means the number of years a naval vessel is expected to be in service. (Added Pub. L. 117–81, div. A, title X, § 1014(a), Dec. 27, 2021, 135 Stat. 1894; amended Pub. L. 117–263, div. A, title X, § 1024(a), Dec. 23, 2022, 136 Stat. 2764.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–263, § 1024(a)(1), in- serted ‘‘by not later than three days after the date on which the President submits the budget materials under section 1105(a) of title 31 for the fiscal year in which such waiver is sought’’ after ‘‘such ship’’. Subsec. (b)(2). Pub. L. 117–263, § 1024(a)(2), substituted ‘‘the National Defense Authorization Act for such fiscal year is enacted’’ for ‘‘such certification was sub- mitted’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. A, title X, § 1024(b), Dec. 23, 2022, 136 Stat. 2764, provided that: ‘‘The amendments made by subsection (a) [amending this section] do not apply to a battle force ship (as such term is defined in section 8678a(e)(1) of title 10, United States Code) that is pro- posed to be decommissioned or inactivated during fis- cal year 2023.’’ § 8679. Construction of vessels in foreign ship- yards: prohibition (a) PROHIBITION.—Except as provided in sub- section (b), no vessel to be constructed for any of the armed forces, and no major component of the hull or superstructure of any such vessel, may be constructed in a foreign shipyard. (b) PRESIDENTIAL WAIVER FOR NATIONAL SECU- RITY INTEREST.—(1) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so. (2) The President shall transmit notice to Con- gress of any such determination, and no con- tract may be made pursuant to the exception authorized until the end of the 30-day period be- ginning on the date on which the notice of the determination is received by Congress. (c) EXCEPTION FOR INFLATABLE BOATS.—An in- flatable boat or a rigid inflatable boat, as de- fined by the Secretary of the Navy, is not a ves- sel for the purpose of the restriction in sub- section (a). (Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710, § 7309; renumbered § 8679, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7309 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. Executive Documents DELEGATION OF AUTHORITY For delegation of authority of President under sub- sec. (b) of this section, see section 3 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title. § 8679a. Contracting with shipyards controlled by a foreign adversary country: prohibition The Secretary of Defense may not enter into any contract or other agreement with a ship- yard determined by the Secretary of Defense to be under the ownership, control, or influence of a foreign adversary country (as defined in sec- tion 4872(d)(2) 1 of title 10, United States Code). (Added Pub. L. 118–159, div. A, title X, § 1025, Dec. 23, 2024, 138 Stat. 2055.) Editorial Notes REFERENCES IN TEXT As defined in section 4872(d)(2), referred to in text, probably means countries specified in subsec. (f)(2) of section 4872 of this title. Subsec. (d) of section 4872 was redesignated as subsec. (f) by Pub. L. 118–159, div. A, title VIII, § 844(b)(3), Dec. 23, 2024, 138 Stat. 1991. Fur- ther, subsec. (f)(2) of section 4872, as so redesignated, does not define ‘‘foreign adversary country’’ but lists countries defined as ‘‘covered nation’’. § 8680. Overhaul, repair, etc. of vessels in foreign shipyards: restrictions (a) VESSELS UNDER JURISDICTION OF THE SEC- RETARY OF THE NAVY WITH HOMEPORT IN UNITED STATES OR GUAM.—(1) A naval vessel the home- port of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam. (2)(A) Notwithstanding paragraph (1) and sub- ject to subparagraph (B), in the case of a naval vessel classified as a Littoral Combat Ship and operating on deployment, corrective and preven- tive maintenance or repair (whether inter- mediate or depot level) and facilities mainte- nance may be performed on the vessel— (i) in a foreign shipyard; (ii) at a facility outside of a foreign ship- yard; or (iii) at any other facility convenient to the vessel.