Page:United States Statutes at Large Volume 107 Part 2.djvu/669

 ^ PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1619 described in subsection (a) at the expense of unit readiness; or (2) a contract (or the renewal of a contract) for the performance of an activity under contract on September 30, 1992. SEC. 314. LIMITATION ON CONTRACTS WITH CERTAIN SHIP REPAIR COMPANIES FOR SHIP REPAIR. (a) LIMITATION. — The Secretary of the Navy may not enter into a contract having a value greater than $250,000 with a ship repair company referred to in subsection (b) for the overhaul, repair, or maintenance of a naval vessel until the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives the certification referred to in subsection (c). (b) COVERED SHIP REPAIR COMPANY.— A ship repair company referred to in subsection (a) is a ship repair company located outside the United States that was the subject of a court inquiry into fatalities resulting from ship repairs performed by that company in fiscal year 1990, 1991, 1992, or 1993. (c) CERTIFICATION. —The certification referred to in subsection (a) is a certification that a ship repair company referred to in subsection (b) has initiated legal proceedings, or other proceedings, to compensate the survivors of each member of the Navy killed as a result of faulty ship repair performed by that company during a fiscal year referred to in such subsection. (d) WAIVER.— ^A contract referred to in subsection (a) may be entered into pursuant to a waiver of the limitation in such subsection only £uter the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives a certification that— (1) the work is for voyage repairs; or (2) there is a compelling national security reason for the work to be done by the ship repair company. SEC. 315. REQUIREMENT OF PERFORMANCE IN THE UNITED STATES OF CERTAIN REFLAGGING OR REPAIR WORK. (a) REQUIREMENT. —Section 2631 of title 10, United States Code, is amended— (1) by inserting "(a)" before "Only vessels"; and (2) by adding at the end the following new subsection: "(b)(1) In each request for proposals to enter into a timecharter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that any refiagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States). "(2) In paragraph (1), the term 'refiagging or repair work* means work performed on a vessel— "(A) to enable the vessel to meet applicable standards to become a vessel of the United States; or "(B) to convert the vessel to a more useful military configuration. "(3) The Secretary of Defense may waive the requirement described in paragraph (1) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately notifv the Congress of any such waiver and the reasons for such waiver.'. (b) APPLICABILITY.— The amendment made by subsection (a) ioUSC 263i shall apply to a vessel for which refiagging or repair work is "ot^

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