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10 USC CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

.

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CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

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Sec.

(7521. Repealed.)

7522. Contracts for research.

7523. Tolls and fares: payment or reimbursement.

7524. Marine mammals: use for national defense purposes.

AMENDMENTS

1994 - Pub. L. 103-355, title II, Sec. 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, Sec. 1354(b), Nov.

14, 1986, 100 Stat. 3996, added item 7524.

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10 USC Sec. 7521 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

-HEAD-

(Sec. 7521. Repealed. Pub. L. 103-355, title II, Sec. 2001(j)(1),

Oct. 13, 1994, 108 Stat. 3303)

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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 251 of Title 41, Public Contracts.

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10 USC Sec. 7522 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

-HEAD-

Sec. 7522. Contracts for research

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 464; Pub. L. 96-513, title V,

Sec. 513(38), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 97-258, Sec.

3(b)(9), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 98-525, title XIV,

Sec. 1405(56)(B), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 103-355,

title II, Sec. 2001(j)(2), Oct. 13, 1994, 108 Stat. 3303.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7522 5 U.S.C. 475e. Aug. 1, 1946, ch.

727, Sec. 6, 60

Stat. 780.

-------------------------------

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 Sec. 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 251 of Title 41, Public Contracts.

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.

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10 USC Sec. 7523 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

-HEAD-

Sec. 7523. Tolls and fares: payment or reimbursement

-STATUTE-

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.

-SOURCE-

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

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7523 34 U.S.C. 899a. Aug. 2, 1946, ch.

756, Sec. 23, 60

Stat. 856.

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10 USC Sec. 7524 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 645 - PROCUREMENT OF SUPPLIES AND SERVICES

-HEAD-

Sec. 7524. Marine mammals: use for national defense purposes

-STATUTE-

(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.).

-SOURCE-

(Added Pub. L. 99-661, div. A, title XIII, Sec. 1354(a), Nov. 14,

1986, 100 Stat. 3996.)

-REFTEXT-

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 (Sec. 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.

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