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Summary

Prior to the enactment of the FY2008 defense authorization act (H.R. 4986/P.L. 110-181 of January 28, 2008), 10 U.S.C. §2401 stated DOD may not lease a vessel or aircraft for a period of more than five years unless it is specifically authorized by law to make such a lease. Operating under this provision, the Department of Defense (DOD) in recent years used lease options and renewals to lease some foreign-built cargo ships for total periods of almost 10 years--a length of time that some observers argue effectively circumvented a legal requirement that U.S. military ships be built in U.S. shipyards. These observers, particularly the American Shipbuilding Association (ASA), proposed reducing the current five-year legal limit on ship leases to two years for foreign-built ships. DOD opposed the idea, arguing that its ship leases are the most cost-effective way to meet its needs for the ships in question. Section 1011 of the FY2008 defense authorization act amended 10 U.S.C. §2401 to permit the Secretary of a military department to lease a vessel for a period of greater than two years, but less than five years, only if the Secretary provides a notification of the lease to the House and Senate Armed Services and Appropriations committees (including a detailed description of its terms, a justification for entering it rather than purchasing the vessel, a determination that entering into it is the most cost-effective option; and a plan for meeting the requirement upon the lease's completion), and a period of 30 days of continuous session of Congress has expired. The House Appropriations Committee, in its report (H.Rept. 111-230 of July 24, 2009) on the FY2010 DOD appropriations bill (H.R. 3326), states: LEASING OF FOREIGN BUILT SHIPS The Committee remains very concerned with the Navy's practice of entering into extended leases for foreign built ships. Historically, these leases have met the intent of long term capital lease restrictions on an individual basis, but the recurring nature of several of the leases violates the spirit and intent of the 1990 Budget Enforcement Act. The Committee recognizes that the ships leased by the Navy fill an important role that must be continued through the near term and well into the future, but believes that ships that fill these roles can provide an economic opportunity for the domestic shipbuilding industry. Two years ago, the Committee received a report from the Navy on their practice of leasing foreign built ships and a plan for ending the practice of leasing foreign built ships by 2012. The basic conclusion of the report was that the dependence on foreign built ships would be significantly reduced by the year 2012, principally as a result of shifting requirements and modifications to existing Department of Defense assets. Since the administration is currently undertaking a review of future requirements, the Committee is extremely interested in how that review will affect the Navy's practice of leasing foreign built ships. Therefore, the Committee directs the Secretary of the Navy to update the report submitted in March 2008 regarding the practice of leasing foreign built ships. The report should include the Navy's updated plan for terminating the practice of leasing foreign built ships to supplement the fleet and using only domestic built ships by 2012. Additionally, the report should include the necessary budget and funding plans that may be required to accomplish this. This report should be submitted no later than March 31, 2010. (Page 166)

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