- § 8751. Notification of Navy procurement production disruptions
- § 8752. Contracts for research
- § 8753. Tolls and fares: payment or reimbursement
- § 8754. Marine mammals: use for national defense purposes
- § 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts
§ 8751. Notification of Navy procurement production disruptions
(a)Requirement for Contractor To Provide Notice of Delays.—The Secretary of the Navy shall require prime contractors of any Navy procurement program funded under either the Shipbuilding and Conversion, Navy account or the Other Procurement, Navy account to report within 15 calendar days any stop work order or other manufacturing disruption of 15 calendar days or more, by the prime contractor or any subcontractor, to the respective program manager and Navy technical authority.
(b)Quarterly Reports.—The Secretary of the Navy shall submit to the congressional defense committees not later than 15 calendar days after the end of each quarter of a fiscal year a report listing all notifications made pursuant to subsection (a) during the preceding quarter.
(Added Pub. L. 116–92, div. A, title VIII, § 820(a), Dec. 20, 2019, 133 Stat. 1489, § 2339b; renumbered § 8751, Pub. L. 116–283, div. A, title XVIII, § 1878(a), Jan. 1, 2021, 134 Stat. 4292.)
§ 8752. 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, § 7522; 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; renumbered § 8752, Pub. L. 115–232, div. A, title VIII, § 807(d)(7), Aug. 13, 2018, 132 Stat. 1836.)
§ 8753. 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, § 7523; renumbered § 8753, Pub. L. 115–232, div. A, title VIII, § 807(d)(7), Aug. 13, 2018, 132 Stat. 1836.)
§ 8754. 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, § 7524; renumbered § 8754, Pub. L. 115–232, div. A, title VIII, § 807(d)(7), Aug. 13, 2018, 132 Stat. 1836.)
§ 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts
(a)In General.—Any covered offeror seeking to be awarded a shipbuilding construction contract as part of a major defense acquisition program with funds from the Shipbuilding and Conversion, Navy account shall disclose along with the offer and any subsequent revisions of the offer (including the final proposal revision offer) if any part of the planned contract performance will or is expected to include foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(b)Requirements.—A disclosure required under subsection (a) shall be made in a form prescribed by the Secretary of the Navy and shall include a specific description of the extent to which the planned contract performance will include, with or without contingencies, any foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(c)Congressional Notification.—Not later than 5 days after awarding a contract described under subsection (a), the Secretary of the Navy shall notify the congressional defense committees and summarize the disclosure provided under such subsection.
(d)Definitions.—In this section:
(1)Covered offeror.—The term “covered offeror” means any offeror that requires or may reasonably be expected to require, during the period of performance on a shipbuilding construction contract described in subsection (a), a method to mitigate or negate foreign ownership under section 2004.34(f)(6) of title 32, Code of Federal Regulations.
(2)Foreign government subsidized performance.—The term “foreign government subsidized performance” means any financial support, materiel, services, or guarantees of support, services, supply, performance, or intellectual property concessions, that may be provided to or for the covered offeror or the customer of the offeror by a foreign government or entity effectively owned or controlled by a foreign government, which may have the effect of supplementing, supplying, servicing, or reducing the cost or price of an end item, or supporting, financing in whole or in part, or guaranteeing contract performance by the offeror.
(3)Major defense acquisition program.—The term “major defense acquisition program” has the meaning given the term in section 4201 of this title.
(Added Pub. L. 116–283, div. A, title VIII, § 803(a), Jan. 1, 2021, 134 Stat. 3734, § 2339c; renumbered § 8755 and amended Pub. L. 117–81, div. A, title XVII, § 1701(e)(1)(A), Dec. 27, 2021, 135 Stat. 2138.)