10 USC 2218 - National Defense Sealift Fund

1 See References in Text note below.

and for the costs of acquisition of vessels for, and alteration and conversion of vessels in (or to be placed in), the fleet, but only for vessels built in United States shipyards.

Editorial Notes

References in Text

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405), referred to in subsecs. (c)(1)(D) and (k)(3)(B), was redesignated as and transferred to section 57100 of Title 46, Shipping, by Puspan. L. 115–91, div. C, title XXXV, § 3502(a)(3), Dec. 12, 2017, 131 Stat. 1910.

Section 1424 of Public Law 101–510, referred to in subsecs. (d)(3), (f)(2), and (k)(2)(A), is section 1424 of the National Defense Authorization Act for Fiscal Year 1991, which is set out as a note under section 7291 of this title.

Codification

Puspan. L. 102–396, title V, Oct. 6, 1992, 106 Stat. 1896, provided that section 1024 of the National Defense Authorization Act for Fiscal Year 1993 [H.R. 5006, Puspan. L. 102–484], as it passed the Senate on Oct. 3, 1992, shall be amended in subsection 2218(c)(2) proposed for inclusion in this chapter by deleting all after “expended only” down to and including “appropriations Act” and inserting in lieu thereof “in amounts authorized by law”. It further provided that for purposes of that amendment, Puspan. L. 102–396 shall be treated as having been enacted after Puspan. L. 102–484, regardless of the actual dates of enactment. The date of Oct. 3, 1992, referred to as the date the Senate passed the National Defense Authorization Act for Fiscal Year 1993, apparently is based on an order adopted by the Senate on Oct. 3, 1992 [Cong. Rec., vol. 138, pt. 21, p. 30919] providing that when the conference report on the National Defense Authorization Act for Fiscal Year 1993 was received by the Senate from the House of Representatives it would be deemed to have been agreed to. On Oct. 5, 1992, the Senate received the conference report from the House, and it was considered adopted pursuant to that order [Cong. Rec., vol. 138, pt. 22, p. 31565].

Amendments

2021—Subsec. (f)(3)(C). Puspan. L. 116–283, § 1022(1), substituted “nine” for “seven”.

Subsec. (f)(3)(E). Puspan. L. 116–283, § 1022(2)(A), substituted “four” for “two” in introductory provisions.

Subsec. (f)(3)(E)(ii). Puspan. L. 116–283, § 1022(2)(B), substituted “2028” for “2026”.

Subsec. (f)(3)(G). Puspan. L. 116–283, § 1022(3), substituted “subparagraph (F)” for “subparagraph (E)”.

Subsec. (k)(4). Puspan. L. 116–283, § 1806(e)(1)(A), substituted “section 3004” for “section 2302(1)”.

2019—Subsec. (f)(3)(E)(i). Puspan. L. 116–92, § 1031(a)(1), substituted “ten new vessels that are sealift vessels, auxiliary vessels, or a combination of such vessels” for “ten new sealift vessels”.

Subsec. (f)(3)(E)(ii). Puspan. L. 116–92, § 1031(a)(2), struck out “sealift” before “vessels”.

2018—Subsec. (d)(3). Puspan. L. 115–232, § 809(a), substituted “section 1424(c) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 8661 note)” for “section 1424(c) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 7291 note)”.

Subsec. (f)(3)(C). Puspan. L. 115–232, § 1012(1), substituted “seven” for “two” and “vessels” for “ships”.

Subsec. (f)(3)(E). Puspan. L. 115–232, § 1012(3), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (f)(3)(F). Puspan. L. 115–232, §§ 1012(2), 1013(1)(A), redesignated subpar. (E) as (F) and substituted “30 days before” for “30 days after” in introductory provisions.

Subsec. (f)(3)(F)(i). Puspan. L. 115–232, § 1013(1)(B), inserted “proposed” before “date”.

Subsec. (f)(3)(F)(ii). Puspan. L. 115–232, § 1013(1)(C), substituted “would be purchased.” for “was purchased.”

Subsec. (f)(3)(F)(viii). Puspan. L. 115–232, § 1013(1)(D), added cl. (viii).

Subsec. (f)(3)(G). Puspan. L. 115–232, § 1013(2), added subpar. (G).

2017—Subsec. (c)(1)(D), (E). Puspan. L. 115–91, § 1021(a)(1)(A), redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: “Research and development relating to national defense sealift.”

Subsec. (c)(3). Puspan. L. 115–91, § 1021(a)(1)(B), struck out “or (D)” after “subparagraph (B)”.

Subsec. (d)(1)(D). Puspan. L. 115–91, § 1021(a)(2)(A), struck out subpar. (D) which read as follows: “research and development relating to national defense sealift.”

Subsec. (d)(4). Puspan. L. 115–91, § 1021(a)(2)(B), added par. (4).

Subsec. (f)(3). Puspan. L. 115–91, § 1021(span), added par. (3).

Subsec. (i). Puspan. L. 115–91, § 3502(span)(1), substituted “section 57100 of title 46” for “section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744)”.

Subsec. (k)(5). Puspan. L. 115–91, § 1021(c), added par. (5).

2016—Subsecs. (c)(1)(E), (k)(3)(B). Puspan. L. 114–328 substituted “(50 U.S.C. 4405)” for “(50 U.S.C. App. 1744)”.

2008—Subsecs. (j), (k). Puspan. L. 110–417, § 1407(1), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out heading and text of former subsec. (j). Text read as follows: “Upon a determination by the Secretary of Defense that such action serves the national defense interest and after consultation with the congressional defense committees, the Secretary may use funds available for obligation or expenditure for a purpose specified under subsection (c)(1)(A), (B), (C), and (D) for any purpose under subsection (c)(1).”

Subsec. (k)(2)(B) to (I). Puspan. L. 110–417, § 1407(2), added subpar. (B) and struck out former subpars. (B) to (I) which read as follows:

“(B) A maritime prepositioning ship.

“(C) An afloat prepositioning ship.

“(D) An aviation maintenance support ship.

“(E) A hospital ship.

“(F) A strategic sealift ship.

“(G) A combat logistics force ship.

“(H) A maritime prepositioned ship.

“(I) Any other auxiliary support vessel.”

Subsec. (l). Puspan. L. 110–417, § 1407(1), redesignated subsec. (l) as (k).

2006—Subsec. (d)(2). Puspan. L. 109–304 substituted “sections 57101–57104 and chapter 573 of title 46” for “sections 508 and 510 of the Merchant Marine Act of 1936 (46 U.S.C. App. 1158, 1160), shall be deposited in the Fund”.

Subsec. (f)(1). Puspan. L. 109–163 substituted “A vessel built in a foreign ship yard may not be” for “Not more than a total of five vessels built in foreign ship yards may be” and inserted “, unless specifically authorized by law” before period at end.

2003—Subsec. (l)(4), (5). Puspan. L. 108–136 redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “The term ‘congressional defense committees’ means—

“(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

“(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.”

2001—Subsec. (d)(1). Puspan. L. 107–107 struck out “for fiscal years after fiscal year 1993” after “Department of Defense” in introductory provisions.

2000—Subsec. (k)(1). Puspan. L. 106–398, § 1 [[div. A], title X, § 1011(1)], inserted at end “As consideration for a contract with the head of an agency under this subsection, the company entering into the contract shall agree with the Secretary of Defense to make any vessel covered by the contract available to the Secretary, fully crewed and ready for sea, at any time at any port determined by the Secretary, and for whatever duration the Secretary determines necessary.”

Subsec. (k)(2)(E). Puspan. L. 106–398, § 1 [[div. A], title X, § 1011(2)], added subpar. (E).

Subsec. (k)(6). Puspan. L. 106–398, § 1 [[div. A], title X, § 1011(3)], added par. (6).

1999—Subsec. (k). Puspan. L. 106–65, § 1015(a)(2), added subsec. (k). Former subsec. (k) redesignated (l).

Subsec. (k)(2). Puspan. L. 106–65, § 1014(span), substituted “that is any of the following:” for “that is—” in introductory provisions, substituted “A” for “a” and a period for the semicolon in subpars. (A) and (B), “An” for “an” and a period for the semicolon in subpar. (C), “An” for “an” and a period for “; or” in subpar. (D), and “A” for “a” in subpar. (E), and added subpars. (F) to (I).

Subsec. (l). Puspan. L. 106–65, § 1015(a)(1), redesignated subsec. (k) as (l).

Subsec. (l)(4)(B). Puspan. L. 106–65, § 1067(1), substituted “Committee on Armed Services” for “Committee on National Security”.

Subsec. (l)(5). Puspan. L. 106–65, § 1015(span), added par. (5).

1996—Subsec. (c)(1). Puspan. L. 104–106, § 1014(a)(1)(A), substituted “only for the following purposes:” for “only for—”.

Subsec. (c)(1)(A). Puspan. L. 104–106, § 1014(a)(1)(B), (C), substituted “Construction” for “construction” and “vessels.” for “vessels;”.

Subsec. (c)(1)(B). Puspan. L. 104–106, § 1014(a)(1)(B), (C), substituted “Operation” for “operation” and “purposes.” for “purposes;”.

Subsec. (c)(1)(C). Puspan. L. 104–106, § 1014(a)(1)(B), (D), substituted “Installation” for “installation” and “States.” for “States; and”.

Subsec. (c)(1)(D). Puspan. L. 104–106, § 1014(a)(1)(B), substituted “Research” for “research”.

Subsec. (c)(1)(E). Puspan. L. 104–106, § 1014(a)(1)(E), added subpar. (E).

Subsec. (i). Puspan. L. 104–106, § 1014(a)(2), inserted “(other than subsection (c)(1)(E))” after “Nothing in this section”.

Subsec. (j). Puspan. L. 104–106, § 1502(a)(15)(A), substituted “the congressional defense committees” for “the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives”.

Subsec. (k)(4). Puspan. L. 104–106, § 1502(a)(15)(B), added par. (4).

1992—Subsec. (c)(2). Puspan. L. 102–396 substituted “in amounts authorized by law” for “for programs, projects, and activities and only in amounts authorized in, or otherwise permitted under, an Act other than an appropriations Act”. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1806(e)(1)(A) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. A, title X, § 1031(span), Dec. 20, 2019, 133 Stat. 1579, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date.”

Effective Date of 2018 Amendment

Amendment by section 809(a) of Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. 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. (h) of this section relating to submitting budget requests to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Compliance by Ready Reserve Fleet Vessels With SOLAS Lifeboats and Fire Suppression Requirements

Puspan. L. 115–232, div. C, title XXXV, § 3502, Aug. 13, 2018, 132 Stat. 2308, provided that:

“The Secretary of Defense shall, consistent with section 2244a of title 10, United States Code, use authority under section 2218 of such title to make such modifications to Ready Reserve Fleet vessels as are necessary for such vessels to comply [with] requirements for lifeboats and fire suppression under the International Convention for the Safety of Life at Sea by not later than October 1, 2021.”