Sec. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS; RECAPITALIZATION

406 words·~2 min read·/statute-compilations/comps-15483/sec-130

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 130 PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS; RECAPITALIZATION ###

(a)Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for any of fiscal years 2019 through 2026 may be obligated or expended to procure legacy waterborne security barriers for Navy ports, including as replacements for legacy barriers. ###

(b)Exception The prohibition in subsection

(a)shall not apply to any of the following activities: ####

(1)The sustainment, refurbishment, and replacement of not more than 30 percent of portions of existing waterborne security barriers at Navy ports due to normal wear and tear. ####

(2)The procurement of new waterborne security barriers for Navy ports due to exigent circumstances. ###

(c)Notification Not later than 15 days after an exception is made pursuant to subsection (b)(2), the Secretary of the Navy shall submit a written notification to the congressional defense committees that includes— ####

(1)the name and position of the government official who determined exigent circumstances exist; ####

(2)a description of the exigent circumstances; and ####

(3)a description of how waterborne security will be maintained until new waterborne security barriers are procured and installed. ###

(d)Recapitalization ####

(1)Plan submission #####

(A)In general Not later than April 1, 2026, the Secretary of the Navy shall submit to the congressional defense committees a recapitalization plan to replace legacy waterborne security barriers for Navy ports. #####

(B)Elements The plan required by subparagraph

(A)shall include the following: ######

(i)A Navy requirements document that specifies key performance parameters and key system attributes for new waterborne security barriers for Navy ports. ######

(ii)A certification that the level of capability specified under clause

(i)will exceed that of legacy waterborne security barriers for Navy ports. ######

(iii)The acquisition strategy for the recapitalization of waterborne security barriers for Navy ports, which shall meet or exceed the requirements specified under clause (i). ######

(iv)A certification that any contract for new waterborne security barriers for a Navy port will be awarded in accordance with the requirements for full and open competition set forth in sections 3201 through 3205 of title 10, United States Code. ####

(2)Implementation The Secretary of the Navy shall complete implementation of the plan required by paragraph

(1)by not later than September 30, 2027.