10 U.S.C. § 8633: Auxiliary vessels: extended lease authority

The combat logistics force of the Navy. The strategic sealift force of the Navy. Other auxiliary support vessels for the Department of Defense. A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with respect to that vessel. As part of a request to Congress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under subsection (g). In this section, the term “long-term lease” means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more. A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market value of the vessel. shall have been constructed in a shipyard within the United States; and upon delivery, shall be documented under the laws of the United States. The Secretary may operate a vessel held by the Secretary under a long-term lease under this section through a contract with a United States corporation with experience in the operation of vessels for the United States. Any such contract shall be for a term as determined by the Secretary. the fully burdened cost of a civil service crew over the expected useful life of the vessel; the effect on the private sector manpower pool; and the operational requirements of the Department of the Navy. The need for the vessels or services to be provided under the contract is expected to remain substantially unchanged during the contemplated contract or option period. There is a reasonable expectation that throughout the contemplated contract or option period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation. The timeliness of consideration of the contract by Congress is such that such a waiver is in the interest of the United States. The Secretary shall submit a notice of any waiver under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. amounts originally made available for performance of the contract; amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or funds appropriated for those costs. The Secretary of the Navy may enter into a long-term lease or charter for any double-hull tanker or oceanographic vessel constructed in a United States shipyard after the date of the enactment of this Act [ Nov. 30, 1993 ] using assistance provided under the National Shipbuilding Initiative. A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that lease or charter or that kind of vessel lease or charter. A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that lease or charter, or that kind of lease or charter, for that fiscal year. A statement that such a commitment given under paragraph (2) does not constitute an obligation of the United States. A long-term lease or charter authorized by subsection (a) may be entered into without regard to the provisions of section 2401 [see 10 U.S.C. 3671 et seq.] or 2401a [see former 10 U.S.C. 3678 , 10 U.S.C. 3681 ] of title 10, United States Code. For purposes of subsection (a), the term ‘long-term lease or charter’ has the meaning given that term in subparagraph (A) of section 2401(d)(1) of title 10 , United States Code [now 10 U.S.C. 3674(a)(1)(A) ].”