[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4526 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4526
To ensure fairness and transparency in the processes used by the Navy
to award contracts for ship maintenance and repair, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 10, 2023
Mr. Peters introduced the following bill; which was referred to the
Committee on Armed Services
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A BILL
To ensure fairness and transparency in the processes used by the Navy
to award contracts for ship maintenance and repair, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Ship Repair Act of 2023''.
SEC. 2. LIMITATION ON USE OF GOVERNMENT-OPERATED DRYDOCKS.
The Secretary of the Navy shall ensure that no Government-operated
drydock is eligible to compete for the award of a contract for private
sector non-nuclear surface ship maintenance unless the Secretary
determines, in accordance with section 2466 of title 10, United States
Code, that there is not sufficient private sector dock competition.
SEC. 3. STUDY ON PRICE DIFFERENTIALS USED IN NAVY SHIP REPAIR
SOLICITATIONS.
(a) In General.--Subject to the availability of appropriations, the
Secretary of the Navy shall seek to enter into an agreement with a
federally funded research and development center to conduct a study to
assess whether relevant price differentials used by the Navy in ship
repair solicitations accurately reflect the true market value of the
activity undertaken to complete the repair work involved in the absence
of any such differential.
(b) Elements.--The study under subsection (a) shall address all
relevant price differentials used by the Navy in ship repair
solicitations, including--
(1) the use of government owned and operated dry docks;
(2) the use of inter-port differentials; and
(3) the use of pier differentials.
(c) Reports.--
(1) FFRDC report.--The federally funded research and
development center that conducts the study under subsection (a)
shall submit to the Secretary of the Navy a report on the
results of the study.
(2) Submittal to congress.--Not later than September 30,
2024, the Secretary of the Navy shall submit to the
congressional defense committees an unaltered copy of the
report received by the Secretary under paragraph (1) together
with a separate statement of the views of the Secretary on the
results of the study conducted under subsection (a).
SEC. 4. REPORT ON NAVY POLICY FOR SOLICITING COASTWIDE BIDS FOR CERTAIN
REPAIR AVAILABILITIES.
(a) In General.--Not later than March 30, 2024, the Secretary of
the Navy shall submit to the congressional defense committees a report
on the policy of the Navy for soliciting coastwide bids for repair
availabilities longer than 10 months.
(b) Elements.--The report under subsection (a) shall explain and
assess each of the following:
(1) The intent of the policy described in subsection (a).
(2) The data the Navy uses to assess the efficacy of such
policy.
(3) How the Navy estimates the cost of moving vessels out
of their home port to complete the availability and the actual
cost of moving vessels out of their home port to complete the
availability.
(4) How the Navy estimates the financial, labor force,
servicemember and family well-being, berthing, and related
costs associated with moving a vessel out of its home port to
complete a repair availability longer than 10 months.
SEC. 5. REPORT ON USE OF GOVERNMENT DOCKS FOR SHIP REPAIR AND
MAINTENANCE.
On an annual basis, the Secretary of the Navy shall submit to the
congressional defense committees a report that--
(1) identifies each instance in the year preceding the date
of the report in which the Navy used a Government dock for a
ship repair and maintenance availability when sufficient
capacity was available in private docks during the period in
which such repairs and maintenance were expected to be
performed; and
(2) for each such instance, provides an explanation of the
reasons the Navy used a Government dock rather than a private
dock.
SEC. 6. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
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