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Title 10 — Armed Forces

Part IV · Chapter 863 — Naval Vessels

§ 8669a. Construction of combatant and escort vessels and assignment of vessel projects

Statutory text

(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 18 months or less.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 97–295 § 1(48)(A) · 96 Stat. 1287

    Enacted · 10 U.S.C. § 8669a

    Added Pub. L. 97–295, § 1(48)(A), Oct. 12, 1982, 96 Stat. 1298, § 7299a

    Source evidence

    Code source credit
    Added Pub. L. 97–295, § 1(48)(A), Oct. 12, 1982, 96 Stat. 1298, § 7299a

    Enacted provision · exact public law section
    (A) Chapter 633 is amended by inserting the following after section 7299: “§ 7299a. Construction of combatant and escort vessels and assignment of vessel projects “(a) The distribution of assignments and contracts for the construction of combatant vessels and escort vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be constructed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is inconsistent with the public interest. “(b) 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.”.

  2. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 div. A title XII § 1201(a) · 100 Stat. 3816

    Added · 10 U.S.C. § 8669a(c); 10 U.S.C. § 8669a(d)

    Pub. L. 99–661 added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 99–661 added subsecs. (c) and (d).

    Enacted provision · exact public law section
    (a) In General.— Section 7299a of title 10, United States Code (relating to construction of combatant and escort vessels and assignment of naval vessel projects), is amended by adding at the end the following new subsections: “(c) 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. “(d) (1) Notwithstanding subsections (b) and (c), the Secretary may award a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel only to a contractor that is able to perform the work at the homeport of the vessel, if the Secretary determines that adequate competition is available among firms able to perform the work at the homeport of the vessel. “(2) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.”.

  3. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title XI § 1101 · 101 Stat. 1019

    Amended · 10 U.S.C. § 8669a(d)

    Pub. L. 100–180 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–180 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    “(1) Notwithstanding subsections (b) and (c), the Secretary may award a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel only to a contractor that is able to perform the work at the homeport of the vessel, if the Secretary determines that adequate competition is available among firms able to perform the work at the homeport of the vessel. “(2) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.”

    Enacted provision · exact public law section
    SEC. 1101. CLARIFICATION OF LIMITATION ON CONTRACTING FOR SHORT-TERM NAVAL VESSEL REPAIR WORK Subsection (d) of section 7299a of title 10, United States Code, is Rivers and harbors. amended to read as follows: “(d) (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 (b) or any other provision of law. “(3) Paragraph (1) does not apply— “(A) in the case of voyage repairs; or “(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States. “(4) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.”

  4. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIV § 1422 · 104 Stat. 1485

    Substituted · 10 U.S.C. § 8669a(d)(3)

    Pub. L. 101–510 substituted “apply in the case of voyage repairs.” for “apply—

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 101–510 substituted “apply in the case of voyage repairs.” for “apply—

    “(A) in the case of voyage repairs; or “(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States.”

    Enacted provision · exact public law section
    SEC. 1422. POLICY FOR AREA IN WHICH SOLICITATIONS MUST BE ISSUED FOR CONTRACTS FOR OVERHAUL, ETC., OF NAVAL RESERVE FORCE SHIPS HOMEPORTED ON THE WEST COAST Section 7299a(d)(3) of title 10, United States Code, is amended by striking out “apply—” and all that follows through the period and inserting in lieu thereof “apply in the case of voyage repairs.”.

  5. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1016(a) · 106 Stat. 2315

    1. Redesignated · 10 U.S.C. § 8669a(a)

      Pub. L. 102–484, § 1016(a), (b)(1), redesignated subsec. (b) as (a)

    2. Struck · 10 U.S.C. § 8669a(a)

      Pub. L. 102–484, § 1016(a), (b)(1), struck out former subsec. (a) which read as follows: “The distribution of assignments and contracts for the construction of combatant vessels and escort vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be constructed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is inconsistent with the public interest.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 1016(a), (b)(1), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “The distribution of assignments and contracts for the construction of combatant vessels and escort vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be constructed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is inconsistent with the public interest.”

    Enacted provision · exact public law section
    (a) Repeal.— Subsection (a) of section 7299a of title 10, United States Code, is repealed.

  6. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1016(b)(1) · 106 Stat. 2315

    Redesignated · 10 U.S.C. § 8669a(b)

    Pub. L. 102–484, § 1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–484, § 1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

    Enacted provision · exact public law section
    (1) Subsections (b), (c), and (d) of section 7299a of title 10, United States Code, are redesignated as subsections (a), (b), and (c), respectively.

  7. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1016(b) · 106 Stat. 2315

    1. Redesignated · 10 U.S.C. § 8669a(c); 10 U.S.C. § 8669a(d)

      Pub. L. 102–484, § 1016(b), redesignated subsec. (d) as (c)

    2. Redesignated · 10 U.S.C. § 8669a(c); 10 U.S.C. § 8669a(d)

      Pub. L. 102–484, § 1016(b), substituted “subsection (a)” for “subsection (b)” in par. (2). Former subsec. (c) redesignated (b)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 102–484, § 1016(b), redesignated subsec. (d) as (c) and substituted “subsection (a)” for “subsection (b)” in par. (2). Former subsec. (c) redesignated (b).

    Enacted provision · exact public law section
    (b) Clerical Amendments.— (1) Subsections (b), (c), and (d) of section 7299a of title 10, United States Code, are redesignated as subsections (a), (b), and (c), respectively. (2) Paragraph (2) of subsection (c) of such section, as so redesignated, is amended by striking out “subsection (b)” and inserting in lieu thereof “subsection (a)”.

  8. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title X § 1021 · 130 Stat. 2000

    Substituted · 10 U.S.C. § 8669a(c)(4)

    Pub. L. 114–328 substituted “10 months” for “six months”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 114–328 substituted “10 months” for “six months”.

    Enacted provision · exact public law section
    SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO OVERHAUL, REPAIR, OR MAINTENANCE OF NAVAL VESSELS.   Section 7299a(c)(4) of title 10, United States Code, is amended by striking “six months” and inserting “10 months”.

  9. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(d)(2) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8669a

    Pub. L. 115–232 renumbered section 7299a of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 7299a of this title as this section.

    Enacted provision · exact public law section
    (2) Chapter 633.— Each section in chapter 633 is 10 USC 8661–8664, 8667, 8669–8671, 8673–8690. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.

    Effective date note
    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.

  10. Pub. L. 118–159 div. A title X § 1023(a) · 138 Stat. 2052

    Substituted · 10 U.S.C. § 8669a(c)(4)

    Pub. L. 118–159 substituted “12 months” for “10 months”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 118–159 substituted “12 months” for “10 months”.

  11. Pub. L. 119–60 div. A title X § 1012 · 139 Stat. 1030

    Substituted · 10 U.S.C. § 8669a(c)(4)

    Pub. L. 119–60 substituted “18 months” for “12 months”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 119–60 substituted “18 months” for “12 months”.

11 of 13 references resolved to an enrolled provision · 2 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
7299a10:7291 (note).June 11, 1965, Pub. L. 89–37, §§ 302, 303, 79 Stat. 128.

In subsection (a), the words “combatant vessels” are substituted for “warships” for consistency in title 10 and because of 1:3. The words “for which appropriations are authorized by this Act and hereafter” are omitted as unnecessary.

Editorial Notes

Amendments1986–2025 · 8 rounds

2025

Subsec. (c)(4). Pub. L. 119–60 substituted “18 months” for “12 months”.

2024

Subsec. (c)(4). Pub. L. 118–159 substituted “12 months” for “10 months”.

2018

2016

Subsec. (c)(4). Pub. L. 114–328 substituted “10 months” for “six months”.

1992

Subsec. (a). Pub. L. 102–484, § 1016(a), (b)(1), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “The distribution of assignments and contracts for the construction of combatant vessels and escort vessels is subject to the Act of (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be constructed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is inconsistent with the public interest.”

Subsec. (b). Pub. L. 102–484, § 1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsecs. (c), (d). Pub. L. 102–484, § 1016(b), redesignated subsec. (d) as (c) and substituted “subsection (a)” for “subsection (b)” in par. (2). Former subsec. (c) redesignated (b).

1990

Subsec. (d)(3). Pub. L. 101–510 substituted “apply in the case of voyage repairs.” for “apply—

“(A) in the case of voyage repairs; or

“(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States.”

1987

Subsec. (d). Pub. L. 100–180 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

“(1) Notwithstanding subsections (b) and (c), the Secretary may award a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel only to a contractor that is able to perform the work at the homeport of the vessel, if the Secretary determines that adequate competition is available among firms able to perform the work at the homeport of the vessel.

“(2) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.”

1986

Subsecs. (c), (d). Pub. L. 99–661 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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 subsec. (a) of this section, see section 2 of Ex. Ord. No. 12765, , 56 F.R. 27401, set out as a note under section 113 of this title.

Credits

1982–2025 · 9 acts
  1. 1982Added Pub. L. 97–295, § 1(48)(A), , 96 Stat. 1298, § 7299a
  2. 1986amended Pub. L. 99–661, div. A, title XII, § 1201(a), , 100 Stat. 3967
  3. 1987Pub. L. 100–180, div. A, title XI, § 1101, , 101 Stat. 1145
  4. 1990Pub. L. 101–510, div. A, title XIV, § 1422, , 104 Stat. 1682
  5. 1992Pub. L. 102–484, div. A, title X, § 1016, , 106 Stat. 2485
  6. 2016Pub. L. 114–328, div. A, title X, § 1021, , 130 Stat. 2388
  7. 2018renumbered § 8669a, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), , 132 Stat. 1836
  8. 2024Pub. L. 118–159, div. A, title X, § 1023(a), , 138 Stat. 2052
  9. 2025Pub. L. 119–60, div. A, title X, § 1012, , 139 Stat. 1030.
Show as published

(Added Pub. L. 97–295, § 1(48)(A), , 96 Stat. 1298, § 7299a; amended Pub. L. 99–661, div. A, title XII, § 1201(a), , 100 Stat. 3967; Pub. L. 100–180, div. A, title XI, § 1101, , 101 Stat. 1145; Pub. L. 101–510, div. A, title XIV, § 1422, , 104 Stat. 1682; Pub. L. 102–484, div. A, title X, § 1016, , 106 Stat. 2485; Pub. L. 114–328, div. A, title X, § 1021, , 130 Stat. 2388; renumbered § 8669a, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), , 132 Stat. 1836; Pub. L. 118–159, div. A, title X, § 1023(a), , 138 Stat. 2052; Pub. L. 119–60, div. A, title X, § 1012, , 139 Stat. 1030.)

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