Collapse to view only § 8619. Leases of waterfront property from States or municipalities
- § 8604. Schools near naval activities: financial aid
- § 8605. Promotion of health and prevention of accidents
- § 8607. Administration of liberated and occupied areas
- § 8611. Attendance at meetings of technical, professional, or scientific organizations
- § 8612. Employment of outside architects and engineers
- § 8614. Apprehension of deserters and prisoners; operation of shore patrols
- § 8616. Collection, preservation, and display of captured flags
- § 8617. National Museum of the United States Navy
- § 8618. Marine Corps Heritage Center and National Museum of the Marine Corps at Marine Corps Base, Quantico, Virginia
- § 8619. Leases of waterfront property from States or municipalities
- § 8620. Gifts for welfare of enlisted members
- § 8621. Acceptance and care of gifts to vessels
- § 8622. Naval Historical Center Fund: references to Fund
- § 8623. Acquisition of land for radio stations and for other purposes
- § 8624. Transportation on naval vessels during wartime
- § 8625. Navy Reserve flag
- § 8626. Navy Reserve yacht pennant
- § 8627. Foreign naval vessels and aircraft: supplies and services
- § 8628. Merchant vessels: supplies
- § 8629. Purchase of fuel
- § 8631. Accounting for expenditures for obtaining information
- § 8633. Auxiliary vessels: extended lease authority
- § 8634. Submarine safety programs: participation of NATO naval personnel
- § 8635. Establishment of the Southern Sea Otter Military Readiness Areas
§ 8604. Schools near naval activities: financial aid
(a) The Secretary of the Navy may contribute, out of funds specifically appropriated for the purpose, to the support of schools in any locality where a naval activity is located if he finds that the schools available in the locality are inadequate for the welfare of the dependents of—
(1) members of the naval service;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in the Navy; and
(4) members of the National Oceanic and Atmospheric Administration serving with the Navy;
who are stationed at the activity.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 442, § 7204; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 513(24), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98–525, title XIV, § 1401(j)(3)(A), (B), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99–145, title XIII, § 1303(a)(23), Nov. 8, 1985, 99 Stat. 739; renumbered § 8604, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8605. Promotion of health and prevention of accidents
(a) The Secretary of the Navy may make such expenditures as he considers appropriate to prevent accidents and to promote the safety and occupational health of—
(1) members of the naval service on active duty;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in the Navy; and
(4) members of the National Oceanic and Atmospheric Administration serving with the Navy.
The expenditures may include payments for clothing, equipment, and other materials necessary for the purposes of this section. Any appropriation available for the activities in which the personnel are engaged shall be available for these purposes.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 443, § 7205; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 513(24), Dec. 12, 1980, 94 Stat. 2932; renumbered § 8605, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8607. Administration of liberated and occupied areas
(a) The Secretary of the Navy may, out of any appropriation made for the purpose, provide for the administration of liberated and occupied areas by the Department of the Navy.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 443, § 7207; renumbered § 8607, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8611. Attendance at meetings of technical, professional, or scientific organizations
(a) The Secretary of the Navy may authorize—
(1) members of the naval service on active duty;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in the Navy; and
(4) members of the National Oceanic and Atmospheric Administration serving with the Navy;
to attend meetings of technical, professional, scientific, and similar organizations, if the Secretary believes that their attendance will benefit the Department. The personnel may be reimbursed for their expenses at the rates prescribed by law.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444, § 7211; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 513(24), Dec. 12, 1980, 94 Stat. 2932; renumbered § 8611, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8612. Employment of outside architects and engineers
(a) Whenever the Secretary of the Navy believes that the existing facilities of the Department of the Navy are inadequate and he considers it advantageous to national defense, he may employ, by contract or otherwise, without advertising and without reference to sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5, architectural or engineering corporations, or firms, or individual architects or engineers, to produce designs, plans, drawings, and specifications for the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof.oduce designs, plans, drawings, and specifications for the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof.
(b) The fee for any service under this section may not exceed 10 percent of the estimated cost, as determined by the Secretary, of the project to which the fee applies.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444, § 7212; Pub. L. 89–718, § 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, § 703(c)(3), title VIII, § 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, § 513(25), Dec. 12, 1980, 94 Stat. 2932; renumbered § 8612, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–31, div. B, title XXVIII, § 2881(b), Dec. 22, 2023, 137 Stat. 780.)
§ 8614. Apprehension of deserters and prisoners; operation of shore patrols
(a) The Secretary of the Navy may make such expenditures out of available appropriations as he considers necessary to—
(1) apprehend and deliver deserters, stragglers, and prisoners; and
(2) operate shore patrols.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 445, § 7214; renumbered § 8614, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8616. Collection, preservation, and display of captured flags
The Secretary of the Navy shall collect all flags, standards, and colors taken by the Navy or the Marine Corps from enemies of the United States. These flags, standards, and colors shall be delivered to the President. Under his direction they shall be preserved and displayed in any public place he considers proper.
(Aug. 10, 1956, ch. 1041, 70A Stat. 445, § 7216; renumbered § 8616, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8617. National Museum of the United States Navy
(a)Authority to Support Development and Operation of Museum.—
(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy.
(2) The Secretary may—
(A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or
(B) authorize acceptance of funds from a partner organization for each or all such phases.
(b)Purposes of Museum.—
(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy.
(2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command.
(c)Acceptance Upon Completion.—Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum.
(d)Lease Authority.—
(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum.
(2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum.
(e)Authority to Accept Gifts.—
(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection.
(2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.
(3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record.
(4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum.
(f)Additional Terms and Conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States.
(g)Use of Navy Indicators.—
(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy.
(2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy.
(h)Definitions.—In this section:
(1) The term “eligible nonprofit organization” means an entity that—
(A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
(B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy.
(2) The term “museum” means the National Museum of the United States Navy, including its facilities and grounds.
(3) The term “Navy indicator” includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term “National Museum of the United States Navy”.
(4) The term “partner organization” means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).
(Added Pub. L. 117–81, div. B, title XXVIII, § 2821, Dec. 27, 2021, 135 Stat. 2195.)
§ 8618. Marine Corps Heritage Center and National Museum of the Marine Corps at Marine Corps Base, Quantico, Virginia
(a)Joint Venture for Development and Continued Maintenance and Operation.—The Secretary of the Navy may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the “Foundation”), a not-for-profit entity, for the design, construction, and maintenance and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps.
(b)Design and Construction.—For each phase of development of the facility described in subsection (a), the Secretary may—
(1) permit the Foundation to contract for the design, construction, or both of such phase of development; or
(2) accept funds from the Foundation for the design, construction, or both of such phase of development.
(c)Acceptance Authority.—Upon completion of construction of any phase of development of the facility described in subsection (a) by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the facility shall become the real property of the Department of the Navy with all right, title, and interest in and to facility being in the United States.
(d)Maintenance, Operation, and Support.—
(1) The Secretary may, for the purpose of maintenance and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps—
(A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Marine Corps Heritage Center and the National Museum of the Marine Corps; and
(B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized by subsection (a), lease in accordance with such section 2667 portions of the facility developed under subsection (a) to the Foundation for use in generating revenue for activities of the facility and for such administrative purposes as may be necessary for support of the facility.
(2) In making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support to the Marine Corps Heritage Center history division by the Foundation, or the funding of museum programs and exhibits by the Foundation, or other support related to the Marine Corps Heritage Center and the National Museum of the Marine Corps, in addition to the types of in-kind consideration provided under section 2667(c) of this title.
(3) The Secretary may authorize the Foundation to use real or personal property within the Marine Corps Heritage Center and National Museum of the Marine Corps to conduct additional revenue-generating activities, as the Secretary considers appropriate considering the work of the Foundation and needs of the Marine Corps Heritage Center and National Museum of the Marine Corps. The Secretary shall only authorize the use of such property for a revenue-generating activity if the Secretary determines the activity will not interfere with military activities and personnel or the activities of the Marine Corps Heritage Center and National Museum of the Marine Corps.
(4) The Secretary shall retain lease payments received under this section, other than in-kind consideration authorized under paragraph (2) or under section 2667(c) of this title, solely for use in support of the Marine Corps Heritage Center and the National Museum of the Marine Corps, and funds received as lease payments shall remain available until expended.
(e)Authority to Accept Gifts.—
(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the Marine Corps Heritage Center or the National Museum of the Marine Corps. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection.
(2) The Secretary may display at the Marine Corps Heritage Center or the National Museum of the Marine Corps recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the Marine Corps Heritage Center or the National Museum of the Marine Corps, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.
(3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record.
(4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the Marine Corps Heritage Center and the National Museum of the Marine Corps.
(f)Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with the joint venture authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
(Added Pub. L. 118–31, div. B, title XXVIII, § 2882(a), Dec. 22, 2023, 137 Stat. 780.)
§ 8619. Leases of waterfront property from States or municipalities
In leasing waterfront property from a State or municipality, the Secretary of the Navy may provide in the lease, where it is required by state law or municipal charter, that, as part or all of the consideration, any improvements placed upon the property by the United States become the property of the lessor when the lease, including any renewal, ends.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446, § 7219; renumbered § 8619, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8620. Gifts for welfare of enlisted members
The Secretary of the Navy may accept gifts for use in providing recreation, amusement, and contentment for enlisted members of the naval service. The fund “Ships’ Stores Profits, Navy” shall be credited with these gifts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446, § 7220; renumbered § 8620, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8621. Acceptance and care of gifts to vessels
The Secretary of the Navy may accept and care for such gifts of silver, colors, books, or other articles of equipment or furniture as, in accordance with custom, are made to vessels of the Navy. Necessary expenses incident to the care of gifts that are accepted shall be paid from the appropriation for the maintenance and operation of vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446, § 7221; renumbered § 8621, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8622. Naval Historical Center Fund: references to Fund
Any reference in a law, regulation, document, paper, or other record of the United States to the Naval Historical Center Fund formerly maintained under this section shall be deemed to refer to the Department of the Navy General Gift Fund maintained under section 2601 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446, § 7222; Pub. L. 104–201, div. A, title X, § 1073(b)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2657; Pub. L. 106–398, § 1 [[div. A], title IX, § 942(d)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–242; renumbered § 8622, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8623. Acquisition of land for radio stations and for other purposes
Land of the United States that is under the control of any department or agency of the United States may be mutually selected as a site for a naval radio station by the Secretary of the Navy and the head of the department or agency having control of the land. By direction of the President, land so selected may be transferred to and placed under the jurisdiction of the Department of the Navy for use as a naval radio station or for any other naval purpose.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447, § 7223; renumbered § 8623, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8624. Transportation on naval vessels during wartime
In time of war or during a national emergency declared by the President, such persons as the Secretary of the Navy authorizes by regulation may be transported and subsisted on naval vessels at Government expense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447, § 7224; renumbered § 8624, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8625. Navy Reserve flag
The Secretary of the Navy shall prescribe a suitable flag to be known as the Navy Reserve flag. This flag may be flown by a seagoing merchant vessel if—
(1) the vessel is documented under the laws of the United States;
(2) the vessel has been designated by the Secretary, under such regulations as he prescribes, as suitable for service as a naval auxiliary in time of war; and
(3) the master or commanding officer and at least half of the other licensed officers of the vessel are members of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447, § 7225; Pub. L. 109–163, div. A, title V, § 515(b)(1)(T), (3)(D), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8625, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8626. Navy Reserve yacht pennant
The Secretary of the Navy shall prescribe a suitable pennant to be known as the Navy Reserve yacht pennant. This pennant may be flown by a yacht or similar vessel if—
(1) the vessel is documented under the laws of the United States;
(2) the vessel has been designated by the Secretary, under such regulations as he prescribes, as suitable for service as a naval auxiliary in time of war; and
(3) the captain or owner of the vessel is a member of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447, § 7226; Pub. L. 109–163, div. A, title V, § 515(b)(1)(U), (3)(E), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8626, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8627. Foreign naval vessels and aircraft: supplies and services
(a) The Secretary of the Navy, under such regulations as he prescribes, may authorize any United States naval vessel or activity to furnish any of the following supplies or services, when in the best interests of the United States, on a reimbursable basis without an advance of funds if similar supplies and services are furnished on a like basis to naval vessels and military aircraft of the United States by the foreign country concerned:
(1) Routine port services in territorial waters of the United States or in waters under United States control, including pilotage, tugs, garbage removal, line-handling, and utilities, to naval vessels of foreign countries.
(2) Routine airport services, including landing and takeoff assistance, use of runways, parking and servicing, to military aircraft of foreign countries.
(3) Miscellaneous supplies, including fuel, provisions, spare parts, and general stores, but not including ammunition, to naval vessels and military aircraft of foreign countries.
(4) Overhauls, repairs, and alterations together with necessary equipment and its installation required in connection therewith, to naval vessels and military aircraft of foreign countries.
(b)
(1) Routine port and airport services may be furnished under this section at no cost to the foreign country concerned where such services are provided by United States naval personnel and equipment without direct cost to the Navy.
(2) When furnishing routine port services under this section to naval vessels of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine port services to naval vessels of the United States without reimbursement. When furnishing routine airport services under this section to military aircraft of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine airport services to military aircraft of the United States without reimbursement.
(3) If routine port or airport services are furnished under this section by a working-capital fund activity of the Navy established under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in furnishing those services by reason of paragraph (2), the working-capital fund activity shall be reimbursed for such costs out of operating funds currently available to the Navy.
(c) Payments for supplies and services furnished under this section may be credited to current appropriations so as to be available for the same purpose as the appropriation initially charged.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447, § 7227; Pub. L. 86–55, § 1, June 23, 1959, 73 Stat. 89; Pub. L. 98–94, title XII, § 1219(a), Sept. 24, 1983, 97 Stat. 691; Pub. L. 98–525, title XIV, § 1405(49), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 102–190, div. A, title X, § 1048, Dec. 5, 1991, 105 Stat. 1468; renumbered § 8627, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8628. Merchant vessels: supplies
(a) The Secretary of the Navy, under such regulations as he prescribes, may sell to a merchant ship such fuel and other supplies as may be required to meet its necessities if the ship is unable—
(1) to procure the supplies from other sources at its present location; and
(2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried on it.
(b) Sales under this section shall be at such prices as the Secretary considers reasonable. Payment shall be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise directed by another provision of law, be credited to the current appropriation concerned and are available for the same purposes as that appropriation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448, § 7228; renumbered § 8628, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8629. Purchase of fuel
In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448, § 7229; renumbered § 8629, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8631. Accounting for expenditures for obtaining information
When the Secretary of the Navy decides that an expenditure by the Department of the Navy from an appropriation for obtaining information from anywhere in the world may be made public, the expenditure shall be accounted for specifically. When the Secretary decides that an expenditure should not be made public, the Secretary shall make a certificate on the amount of the expenditure. The certificate is a sufficient voucher for the amount stated to have been spent.
(Added Pub. L. 97–258, § 2(b)(11)(B), Sept. 13, 1982, 96 Stat. 1057, § 7231; renumbered § 8631, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)
§ 8633. Auxiliary vessels: extended lease authority
(a)Authorized Contracts.—Subject to subsection (b), the Secretary of the Navy may enter into contracts with private United States shipyards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following:
(1) The combat logistics force of the Navy.
(2) The strategic sealift force of the Navy.
(3) Other auxiliary support vessels for the Department of Defense.
(b)Contracts Required To Be Authorized by Law.—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).
(c)Term of Contract.—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.
(d)Option To Buy.—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.
(e)Domestic Construction.—The Secretary shall require in any contract entered into under this section that each vessel to which the contract applies—
(1) shall have been constructed in a shipyard within the United States; and
(2) upon delivery, shall be documented under the laws of the United States.
(f)Vessel Operation.—
(1) 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.
(2) The Secretary may provide a crew for any such vessel using civil service mariners only after an evaluation taking into account—
(A) the fully burdened cost of a civil service crew over the expected useful life of the vessel;
(B) the effect on the private sector manpower pool; and
(C) the operational requirements of the Department of the Navy.
(g)Contingent Waiver of Other Provisions of Law.—
(1) The Secretary may waive the applicability of subsection (b)(2) of section 3672 and section 3675 of this title to a contract authorized by law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract:
(A) 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.
(B) 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.
(C) The timeliness of consideration of the contract by Congress is such that such a waiver is in the interest of the United States.
(2) 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.
(h)Source of Funds for Termination Liability.—If a contract entered into under this section is terminated, the costs of such termination may be paid from—
(1) amounts originally made available for performance of the contract;
(2) amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or
(3) funds appropriated for those costs.
(Added Pub. L. 106–65, div. A, title X, § 1014(a)(1), Oct. 5, 1999, 113 Stat. 741, § 7233; renumbered § 8633, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
§ 8634. Submarine safety programs: participation of NATO naval personnel
(a)Acceptance of Assignment of Foreign Naval Personnel.—In order to facilitate the development, standardization, and interoperability of submarine vessel safety and rescue systems and procedures, the Secretary of the Navy may conduct a program beginning on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 under which members of the naval service of any of the member nations of the North Atlantic Treaty Organization may be assigned to United States commands to work on such systems and procedures.
(b)Reciprocity Not Required.—The authority under subsection (a) is not an exchange program. Reciprocal assignments of members of the Navy to the naval service of a foreign country is not a condition for the exercise of such authority.
(c)Costs for Foreign Personnel.—
(1) The United States may not pay the following costs for a member of a foreign naval service sent to the United States under the program authorized by this section:
(A) Salary.
(B) Per diem.
(C) Cost of living.
(D) Travel costs.
(E) Cost of language or other training.
(F) Other costs.
(2) Paragraph (1) does not apply to the following costs, which may be paid by the United States:
(A) The cost of temporary duty directed by the Secretary of the Navy or an officer of the Navy authorized to do so.
(B) The cost of training programs conducted to familiarize, orient, or certify members of foreign naval services regarding unique aspects of their assignments.
(C) Costs incident to the use of the facilities of the Navy in the performance of assigned duties.
(d)Relationship to Other Authority.—The provisions of this section shall apply in the exercise of any authority of the Secretary of the Navy to enter into an agreement with the government of a foreign country, subject to the concurrence of the Secretary of State, to provide for the assignment of members of the naval service of the foreign country to a Navy submarine safety program. The Secretary of the Navy may prescribe regulations for the application of this section in the exercise of such authority.
(Added Pub. L. 108–375, div. A, title XII, § 1223(a), Oct. 28, 2004, 118 Stat. 2089, § 7234; renumbered § 8634, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 118–31, div. A, title XII, § 1248, Dec. 22, 2023, 137 Stat. 464.)
§ 8635. Establishment of the Southern Sea Otter Military Readiness Areas
(a)Establishment.—The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
N. Latitude/W. Longitude
33°27.8′/119°34.3′
33°20.5′/119°15.5′
33°13.5′/119°11.8′
33°06.5′/119°15.3′
33°02.8′/119°26.8′
33°08.8′/119°46.3′
33°17.2′/119°56.9′
33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
(b)Activities Within the Southern Sea Otter Military Readiness Areas.—
(1)Incidental takings under endangered species act of 1973.—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(2)Incidental takings under marine mammal protection act of 1972.—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(3)Treatment as species proposed to be listed.—For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
(c)Removal.—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas.
(d)Revision or Termination of Exceptions.—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
(e)Monitoring.—
(1)In general.—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service.
(2)Reports.—Not later than November 25, 2017, and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
(f)Definitions.—In this section:
(1)Southern sea otter.—The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.
(2)Take.—The term “take”—
(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and
(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act.
(3)Incidental taking.—The term “incidental taking” means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
(4)Military readiness activity.—The term “military readiness activity” has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.
(5)Optimum sustainable population.—The term “optimum sustainable population” means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
(Added Pub. L. 114–92, div. A, title III, § 312(a), Nov. 25, 2015, 129 Stat. 787, § 7235; amended Pub. L. 115–91, div. A, title X, § 1081(a)(50), Dec. 12, 2017, 131 Stat. 1597; renumbered § 8635, Pub. L. 115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)