2011 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps (§§ 5001 - 7921)
Part IV - GENERAL ADMINISTRATION (§§ 7201 - 7921)
Chapter 633 - NAVAL VESSELS (§§ 7291 - 7317)
Section 7315 - Preservation of Navy shipbuilding capability
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART IV - GENERAL ADMINISTRATION CHAPTER 633 - NAVAL VESSELS Sec. 7315 - Preservation of Navy shipbuilding capability |
Contains | section 7315 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-85, div. A, title X, §1027(a)(1), Nov. 18, 1997, 111 Stat. 1878; amended Pub. L. 106-65, div. A, title X, §1066(a)(29), Oct. 5, 1999, 113 Stat. 772. |
Statutes at Large References | 111 Stat. 1878 113 Stat. 772 |
Public Law References | Public Law 105-85, Public Law 106-65 |
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(a)
(b)
(1) The Secretary of the Navy shall, in determining the reimbursement due a shipbuilder for its indirect costs of performing a contract for the construction of a ship for the Navy, allow the shipbuilder to allocate indirect costs to its private sector work only to the extent of the shipbuilder's allocable indirect private sector costs, subject to paragraph (3).
(2) For purposes of paragraph (1), the allocable indirect private sector costs of a shipbuilder are those costs of the shipbuilder that are equal to the sum of the following:
(A) The incremental indirect costs attributable to such work.
(B) The amount by which the revenue attributable to such private sector work exceeds the sum of—
(i) the direct costs attributable to such private sector work; and
(ii) the incremental indirect costs attributable to such private sector work.
(3) The total amount of allocable indirect private sector costs for a contract covered by the agreement may not exceed the amount of indirect costs that a shipbuilder would have allocated to its private sector work during the period covered by the agreement in accordance with the shipbuilder's established accounting practices.
(c)
(d)
(A) A contract that is in effect on the date on which the agreement is entered into.
(B) A contract that is awarded during the term of the agreement.
(2) In a shipbuilding capability preservation agreement applicable to a shipbuilder, the Secretary may agree to apply the cost reimbursement rules set forth in subsection (b) to allocations of indirect costs to private sector work performed by the shipbuilder only with respect to costs that the shipbuilder incurred on or after November 18, 1997, under a contract between the shipbuilder and a private sector customer of the shipbuilder that became effective on or after January 26, 1996.
(Added Pub. L. 105–85, div. A, title X, §1027(a)(1), Nov. 18, 1997, 111 Stat. 1878; amended Pub. L. 106–65, div. A, title X, §1066(a)(29), Oct. 5, 1999, 113 Stat. 772.)
Amendments1999—Subsec. (d)(2). Pub. L. 106–65 substituted “November 18, 1997,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998”.
Procedures for Applications and for Consideration of AgreementsSection 1027(b) of Pub. L. 105–85 provided that: “Not later than 30 days after the date of the enactment of this Act [Nov. 18, 1997], the Secretary of the Navy shall establish application procedures and procedures for expeditious consideration of shipbuilding capability preservation agreements as authorized by section 7315 of title 10, United States Code, as added by subsection (a).”
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