10 U.S.C. § 8680 — Overhaul, repair, etc. of vessels in foreign

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. Page 3335 TITLE 10—ARMED FORCES § 8680 (B)(i)(I) Corrective and preventive mainte- nance or repair may be performed on a vessel as described in subparagraph (A) if the work is per- formed by United States Government personnel or United States contractor personnel. (II) Notwithstanding subclause (I), foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph (A) only if the Sec- retary of the Navy determines that travel by United States Government personnel or United States contractor personnel to perform the cor- rective or preventive maintenance or repair is not advisable for health or safety reasons. The Secretary of the Navy may not delegate the au- thority to make a determination under this sub- clause. (III) Not later than 30 days after making a de- termination under subclause (II), the Secretary of the Navy shall submit to the congressional defense committees written notification of the determination. The notification shall include the reasons why travel by United States per- sonnel is not advisable for health or safety rea- sons, the location where the corrective and pre- ventive maintenance or repair will be per- formed, and the approximate duration of the corrective and preventive maintenance or re- pair. (ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy. (C) In this paragraph: (i) The term ‘‘corrective and preventive maintenance or repair’’ means— (I) maintenance or repair actions per- formed as a result of a failure in order to re- turn or restore equipment to acceptable per- formance levels; and (II) scheduled maintenance or repair ac- tions to prevent or discover functional fail- ures. (ii) The term ‘‘facilities maintenance’’ means— (I) the effort required to provide house- keeping services throughout the ship; (II) the effort required to perform coating maintenance and repair to exterior and inte- rior surfaces due to normal environmental conditions; and (III) the effort required to clean mechan- ical spaces, mission zones, and topside spaces. (3)(A) Notwithstanding paragraph (1) and sub- ject to subparagraph (B), a naval vessel de- scribed in paragraph (1) may be repaired in a shipyard outside the United States or Guam if the repairs are— (i) voyage repairs; (ii) necessary to correct damage sustained due to hostile actions or interventions; or (iii) corrective and preventive maintenance of a deployed naval vessel planned to last not more than 21 days. (B) During any fiscal year, the cumulative work carried out under this paragraph for ships at any particular homeport may not exceed two percent of the average annual total workload of that homeport over the preceding three-year pe- riod, as measured in shipyard labor hours. (b) VESSEL CHANGING HOMEPORTS.—(1) In the case of a naval vessel the homeport of which is not in the United States (or a territory of the United States), the Secretary of the Navy may not during the 15-month period preceding the planned reassignment of the vessel to a home- port in the United States (or a territory of the United States) begin any work for the overhaul, repair, or maintenance of the vessel that is scheduled to be for a period of more than six months. (2) In the case of a naval vessel the homeport of which is in the United States (or a territory of the United States), the Secretary of the Navy shall during the 15-month period preceding the planned reassignment of the vessel to a home- port not in the United States (or a territory of the United States) perform in the United States (or a territory of the United States) any work for the overhaul, repair, or maintenance of the vessel that is scheduled— (A) to begin during the 15-month period; and (B) to be for a period of more than six months. (c) REPAIR AND REFURBISHMENT OF CERTAIN SUBMARINES.—(1) Notwithstanding any other provision of this section, and subject to para- graph (2), the President shall determine the ap- propriate public or private shipyard in the United States, Australia, or the United Kingdom to perform any repair or refurbishment of a United States submarine involved in submarine security activities between the United States, Australia, and the United Kingdom. (2)(A) The President may determine under paragraph (1) that repair or refurbishment de- scribed in such paragraph may be performed in Australia or the United Kingdom only if— (i) such repair or refurbishment will facili- tate the development of repair or refurbish- ment capabilities in the United Kingdom or Australia; (ii) such repair or refurbishment will be for a United States submarine that is operating forward outside of the United States; or (iii) the Secretary of Defense certifies to Congress that performing such repair or refur- bishment at a shipyard in Australia or the United Kingdom is required due to an exigent threat to the national security interests of the United States. (B) In making a determination under subpara- graph (A), the President shall consider any ef- fects of such determination on the capacity and capability of shipyards in the United States. (C) Not later than 15 days after the date on which the Secretary of Defense makes a certifi- cation under subparagraph (A)(iii), the Sec- retary shall brief the congressional defense com- mittees on— (i) the threat that requires the use of a ship- yard in Australia or the United Kingdom; and (ii) opportunities to mitigate the future po- tential need to leverage foreign shipyards. (3) Repair or refurbishment described in para- graph (1) may be carried out by personnel and contractors of the United States, the United Kingdom, or Australia in accordance with the international arrangements governing the sub- marine security activities described in such paragraph. Page 3336 TITLE 10—ARMED FORCES § 8680 (d) REPORT.—(1) The Secretary of the Navy shall submit to Congress each year, at the time that the President’s budget is submitted to Con- gress that year under section 1105(a) of title 31, a report listing all repairs and maintenance per- formed on any covered naval vessel that has un- dergone work for the repair of the vessel in any shipyard outside the United States or Guam (in this section referred to as a ‘‘foreign shipyard’’) during the fiscal year preceding the fiscal year in which the report is submitted. (2) The report shall include the percentage of the annual ship repair budget of the Navy that was spent on repair of covered naval vessels in foreign shipyards during the fiscal year covered by the report. (3) Except as provided in paragraph (4), the re- port also shall include the following with re- spect to each covered naval vessel: (A) The justification under law and oper- ational justification for the repair in a foreign shipyard. (B) The name and class of vessel repaired. (C) The category of repair and whether the repair qualified as voyage repair as defined in Commander Military Sealift Command In- struction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled availabil- ities are to be considered as a composite and reported as a single entity without individual repair and maintenance items listed sepa- rately. (D) The shipyard where the repair work was carried out. (E) The number of days the vessel was in port for repair. (F) The cost of the repair and the amount (if any) that the cost of the repair was less than or greater than the cost of the repair provided for in the contract. (G) The schedule for repair, the amount of work accomplished (stated in terms of work days), whether the repair was accomplished on schedule, and, if not so accomplished, the rea- son for the schedule over-run. (H) The homeport or location of the vessel prior to its voyage for repair. (I) Whether the repair was performed under a contract awarded through the use of com- petitive procedures or procedures other than competitive procedures. (4) In the case of a covered vessel described in subparagraph (C) of paragraph (5), the report shall not be required to include the information described in subparagraphs (A), (E), (F), (G), and (I) of paragraph (3). (5) In this subsection, the term ‘‘covered naval vessel’’ means any of the following: (A) A naval vessel. (B) Any other vessel under the jurisdiction of the Secretary of the Navy. (C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a con- tract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations. (Added and amended Pub. L. 103–160, div. A, title III, § 367, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1632, 1710, § 7310; Pub. L. 104–106, div. A, title X, § 1017, Feb. 10, 1996, 110 Stat. 425; Pub. L. 109–364, div. A, title X, § 1014, Oct. 17, 2006, 120 Stat. 2376; Pub. L. 110–417, [div. A], title X, § 1012, Oct. 14, 2008, 122 Stat. 4584; Pub. L. 112–239, div. A, title III, § 344, Jan. 2, 2013, 126 Stat. 1700; Pub. L. 115–91, div. A, title X, § 1023, Dec. 12, 2017, 131 Stat. 1548; renumbered § 8680, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–92, div. A, title X, § 1035, Dec. 20, 2019, 133 Stat. 1583; Pub. L. 116–283, div. A, title X, §§ 1025, 1081(a)(45), Jan. 1, 2021, 134 Stat. 3843, 3873; Pub. L. 118–31, div. A, title XIII, § 1352(g), Dec. 22, 2023, 137 Stat. 517; Pub. L. 118–159, div. A, title X, § 1026, Dec. 23, 2024, 138 Stat. 2055.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(3). Pub. L. 118–159 designated exist- ing provisions as subpar. (A), redesignated former sub- pars. (A) and (B) as cls. (i) and (ii), respectively, of sub- par. (A), inserted ‘‘and subject to subparagraph (B)’’ after ‘‘paragraph (1)’’ in introductory provisions of sub- par. (A), and added cl. (iii) of subpar. (A) and subpar. (B). 2023—Subsecs. (c), (d). Pub. L. 118–31 added subsec. (c) and redesignated former subsec. (c) as (d). 2021—Subsec. (a)(1). Pub. L. 116–283, § 1025(a)(1), struck out ‘‘, other than in the case of voyage repairs’’ after ‘‘outside the United States or Guam’’. Subsec. (a)(2)(B)(i). Pub. L. 116–283, § 1025(b), des- ignated existing provisions as subcl. (I) and added subcls. (II) and (III). Subsec. (a)(2)(C)(ii). Pub. L. 116–283, §§ 1025(c), 1081(a)(45), amended introductory provisions identi- cally, striking out period after ‘‘means—’’. Subsec. (a)(3). Pub. L. 116–283, § 1025(a)(2), added par. (3). 2019—Subsec. (a)(2)(C)(ii). Pub. L. 116–92, § 1035(1), sub- stituted ‘‘means—’’ for ‘‘means preservation or corro- sion control efforts and cleaning services’’ and added subcls. (I) to (III). Subsec. (a)(2)(D). Pub. L. 116–92, § 1035(2), struck out subpar. (D) which read as follows: ‘‘This paragraph shall expire on September 30, 2020.’’ 2018—Pub. L. 115–232 renumbered section 7310 of this title as this section. 2017—Subsec. (a). Pub. L. 115–91 inserted ‘‘Under Ju- risdiction of the Secretary of the Navy’’ after ‘‘Ves- sels’’ in heading, designated existing provisions as par. (1), substituted ‘‘A naval vessel’’ for ‘‘A naval vessel (or any other vessel under the jurisdiction of the Secretary of the Navy)’’, and added par. (2). 2013—Subsec. (c)(3). Pub. L. 112–239, § 344(1)(A), sub- stituted ‘‘Except as provided in paragraph (4), the re- port’’ for ‘‘The report’’ in introductory provisions. Subsec. (c)(3)(A). Pub. L. 112–239, § 344(1)(B), inserted ‘‘and operational justification’’ after ‘‘justification under law’’. Subsec. (c)(4). Pub. L. 112–239, § 344(3), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 112–239, § 344(2), redesignated par. (4) as (5). Subsec. (c)(5)(C). Pub. L. 112–239, § 344(4), added sub- par. (C). 2008—Subsec. (c). Pub. L. 110–417 added subsec. (c). 2006—Subsec. (a). Pub. L. 109–364 inserted ‘‘or Guam’’ after ‘‘United States’’ in heading and after ‘‘in the United States’’ in text. 1996—Subsec. (a). Pub. L. 104–106 inserted ‘‘or Guam’’ after ‘‘outside the United States’’. 1993—Subsec. (b). Pub. L. 103–160, § 367, amended sub- sec. (b) generally, designating existing provisions as par. (1) and adding par. (2). Page 3337 TITLE 10—ARMED FORCES § 8681 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. § 8681. Repair or maintenance of naval vessels: handling of hazardous waste (a) CONTRACTUAL PROVISIONS.—The Secretary of the Navy shall ensure that each contract en- tered into for work on a naval vessel (other than new construction) includes the following provi- sions: (1) IDENTIFICATION OF HAZARDOUS WASTES.—A provision in which the Navy identifies the types and amounts of hazardous wastes that are required to be removed by the contractor from the vessel, or that are expected to be generated, during the performance of work under the contract, with such identification by the Navy to be in a form sufficient to en- able the contractor to comply with Federal and State laws and regulations on the re- moval, handling, storage, transportation, or disposal of hazardous waste. (2) COMPENSATION.—A provision specifying that the contractor shall be compensated under the contract for work performed by the contractor for duties of the contractor speci- fied under paragraph (3). (3) STATEMENT OF WORK.—A provision speci- fying the responsibilities of the Navy and of the contractor, respectively, for the removal (including the handling, storage, transpor- tation, and disposal) of hazardous wastes. (4) ACCOUNTABILITY FOR HAZARDOUS WASTES.—(A) A provision specifying the fol- lowing: (i) In any case in which the Navy is the sole generator of hazardous waste that is re- moved, handled, stored, transported, or dis- posed of by the contractor in the perform- ance of the contract, all contracts, mani- fests, invoices, and other documents related to the removal, handling, storage, transpor- tation, or disposal of such hazardous waste shall bear a generator identification number issued to the Navy pursuant to applicable law. (ii) In any case in which the contractor is the sole generator of hazardous waste that is removed, handled, stored, transported, or disposed of by the contractor in the perform- ance of the contract, all contracts, mani- fests, invoices, and other documents related to the removal, handling, storage, transpor- tation, or disposal of such hazardous waste shall bear a generator identification number issued to the contractor pursuant to applica- ble law. (iii) In any case in which both the Navy and the contractor are generators of haz- ardous waste that is removed, handled, stored, transported, or disposed of by the contractor in the performance of the con- tract, all contracts, manifests, invoices, and other documents related to the removal, handling, storage, transportation, or dis- posal of such hazardous waste shall bear both a generator identification number issued to the Navy and a generator identi- fication number issued to the contractor pursuant to applicable law. (B) A determination under this paragraph of whether the Navy is a generator, a contractor is a generator, or both the Navy and a con- tractor are generators, shall be made in the same manner provided under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) and regulations promulgated under that subtitle. (b) RENEGOTIATION OF CONTRACT.—The Sec- retary of the Navy shall renegotiate a contract described in subsection (a) if— (1) the contractor, during the performance of work under the contract, discovers hazardous wastes different in type or amount from those identified in the contract; and (2) those hazardous wastes originated on, or resulted from material furnished by the Gov- ernment for, the naval vessel on which the work is being performed. (c) REMOVAL OF WASTES.—The Secretary of the Navy shall remove known hazardous wastes from a vessel before the vessel’s arrival at a con- tractor’s facility for performance of a contract, to the extent such removal is feasible. (d) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT.—Nothing in this section shall be construed as altering or otherwise affecting those provi- sions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that relate to generators of haz- ardous waste. For purposes of this section, any term used in this section for which a definition is provided by the Solid Waste Disposal Act (or regulations promulgated pursuant to such Act) has the meaning provided by that Act or regula- tions. (Added Pub. L. 99–661, div. A, title XII, § 1202(a), Nov. 14, 1986, 100 Stat. 3967, § 7311; amended Pub. L. 101–189, div. A, title XVI, § 1611(a), Nov. 29, 1989, 103 Stat. 1599; renumbered § 8681, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsecs. (a)(4)(B) and (d), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. Subtitle C of the Solid Waste Disposal Act is classified generally to sub- chapter III (§ 6921 et seq.) of chapter 82 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. PRIOR PROVISIONS A prior section 8681 was renumbered section 9251 of this title. Another prior section 8681, act Aug. 10, 1956, ch. 1041, 70A Stat. 534, prescribed service to be listed in official