CHAPTER 645—PROCUREMENT OF SUPPLIES AND SERVICES

Amendments

1994—Pub. L. 103–355, title II, §2001(j)(3)(C), Oct. 13, 1994, 108 Stat. 3303, struck out item 7521 "Progress payment for work done; lien based on payment".

1986—Pub. L. 99–661, div. A, title XIII, §1354(b), Nov. 14, 1986, 100 Stat. 3996, added item 7524.

[§7521. Repealed. Pub. L. 103–355, title II, §2001(j)(1), Oct. 13, 1994, 108 Stat. 3303]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 464, authorized Secretary of the Navy to make partial payments during progress of work done under contract, and directed that paramount lien on thing contracted for accrues to United States on account of payments so made. See section 2307(g) of this title.

Effective Date of Repeal

For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.

§7522. Contracts for research

(a) The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond.

(b) This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.

(Aug. 10, 1956, ch. 1041, 70A Stat. 464; Pub. L. 96–513, title V, §513(38), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 97–258, §3(b)(9), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 98–525, title XIV, §1405(56)(B), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 103–355, title II, §2001(j)(2), Oct. 13, 1994, 108 Stat. 3303.)

In subsection (a) reference to R.S. 3718, 3719, 3720, and 3722 (34 U.S.C. 561, 562, 563, and 572) is omitted because these sections were expressly repealed by §11(a) of the Act of February 19, 1948, ch. 65, 62 Stat. 25. The words "without advertising" are substituted for the reference to R.S. 3709 (41 U.S.C. 5) for brevity and clarity. The sentence "A contractor supplying such services or materials need not be required to furnish a bond" is substituted for the words "without performance or other bonds" for clarity, since the provision is interpreted as a discretionary authority in the Secretary to waive bond.

In subsection (c) the words "This section does not authorize" are substituted for the words "nothing in this section shall be construed to authorize".

Amendments

1994—Subsecs. (b), (c). Pub. L. 103–355 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "Subsections (a) and (b) of section 3324 of title 31 do not apply to advance, progress, or other payments made with respect to a contract under this section."

1984—Subsec. (b). Pub. L. 98–525 substituted "Subsections (a) and (b) of section 3324 of title 31 do" for "Section 3324(a) and (b) of title 31 does".

1982—Subsec. (b). Pub. L. 97–258 substituted "section 3324(a) and (b) of title 31" for "section 3648 of the Revised Statutes (31 U.S.C. 529)".

1980—Subsec. (b). Pub. L. 96–513 substituted "Section 3648 of the Revised Statutes (31 U.S.C. 529)" for "Section 529 of title 31".

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§7523. Tolls and fares: payment or reimbursement

Naval appropriations chargeable for transportation or travel are available for the payment or reimbursement of ferry, bridge, and similar tolls and of streetcar, bus, and similar fares.

(Aug. 10, 1956, ch. 1041, 70A Stat. 464.)

§7524. Marine mammals: use for national defense purposes

(a) Authority.—Subject to subsection (c), the Secretary of Defense may authorize the taking of not more than 25 marine mammals each year for national defense purposes. Any such authorization may be made only with the concurrence of the Secretary of Commerce and after consultation with the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401).

(b) Humane Treatment Required.—A mammal taken under this section shall be captured, supervised, cared for, transported, and deployed in a humane manner consistent with conditions established by the Secretary of Commerce.

(c) Protection for Endangered Species.—A mammal may not be taken under this section if the mammal is determined to be a member of an endangered or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

(d) Application of Other Act.—This section applies without regard to the provisions of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(Added Pub. L. 99–661, div. A, title XIII, §1354(a), Nov. 14, 1986, 100 Stat. 3996.)

References in Text

The Marine Mammal Protection Act of 1972, referred to in subsec. (d), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to chapter 31 (§1361 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of Title 16 and Tables.