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−CITE− 10 USC CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES . −HEAD− CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −MISC1− Sec. (7201 to 7203. Repealed.) 7204. Schools near naval activities: financial aid. 7205. Promotion of health and prevention of accidents. (7206. Repealed.) 7207. Administration of liberated and occupied areas. (7208 to 7210. Repealed.) 7211. Attendance at meetings of technical, professional, or scientific organizations. 7212. Employment of outside architects and engineers. (7213. Repealed.)
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7214. Apprehension of deserters and prisoners; operation of shore patrols. (7215. Repealed.) 7216. Collection, preservation, and display of captured flags. (7217, 7218. Repealed.) 7219. Leases of waterfront property from States or municipalities. 7220. Gifts for welfare of enlisted members. 7221. Acceptance and care of gifts to vessels. 7222. Naval Historical Center Fund: references to Fund. 7223. Acquisition of land for radio stations and for other purposes. 7224. Transportation on naval vessels during wartime. 7225. Naval Reserve flag. 7226. Naval Reserve yacht pennant. 7227. Foreign naval vessels and aircraft: supplies and services. 7228. Merchant vessels: supplies. 7229. Purchase of fuel. (7230. Repealed.) 7231. Accounting for expenditures for obtaining information. 7233. Auxiliary vessels: extended lease authority. AMENDMENTS 2000 − Pub. L. 106−398, Sec. 1 ((div. A), title IX, Sec. 942(e)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A−243, substituted ''Naval Historical Center Fund: references to Fund'' for ''Naval Historical Center Fund'' in item 7222. 1999 − Pub. L. 106−65, div. A, title X, Sec. 1014(a)(2), Oct. 5,
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1999, 113 Stat. 742, added item 7233. 1996 − Pub. L. 104−201, div. A, title X, Sec. 1073(b)(2)(B), Sept. 23, 1996, 110 Stat. 2657, substituted ''Naval Historical Center Fund'' for ''Office of Naval Records and History gift fund'' in item 7222. 1994 − Pub. L. 103−355, title III, Sec. 3025(b), Oct. 13, 1994, 108 Stat. 3334, struck out item 7203 ''Scientific investigation and research''. 1993 − Pub. L. 103−160, div. A, title VIII, Sec. 828(a)(6), Nov. 30, 1993, 107 Stat. 1713, struck out items 7201 ''Guided missiles: research and development, procurement, and construction'', 7210 ''Purchase of patents, patent applications, and licenses'', 7213 ''Relief of contractors and their employees from losses by enemy action'', and 7230 ''Sale of degaussing equipment''. 1990 − Pub. L. 101−510, div. A, title XIII, Sec. 1331(8), Nov. 5, 1990, 104 Stat. 1673, struck out item 7217 ''Annual report to Congress: appropriations''. 1988 − Pub. L. 100−370, Sec. 1(e)(3)(B), July 19, 1988, 102 Stat. 845, struck out item 7209 ''Rewards for recovery of missing naval property''. 1984 − Pub. L. 98−525, title XIV, Sec. 1401(d)(3)(B), (j)(3)(B), Oct. 19, 1984, 98 Stat. 2616, 2620, struck out ''; transportation of dependents'' at end of item 7204 and struck out item 7208 ''Latin American cooperation''. 1982 − Pub. L. 97−258, Sec. 2(b)(11)(A), Sept. 13, 1982, 96 Stat. 1057, added item 7231.
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1975 − Pub. L. 94−106, title VIII, Sec. 804(b), Oct. 7, 1975, 89 Stat. 538, struck out item 7202 ''Emergency and extraordinary expenses''. 1968 − Pub. L. 90−377, Sec. 4, July 5, 1968, 82 Stat. 288, struck out item 7215 ''Naval prisons, prison farms, and prisoners''. 1966 − Pub. L. 89−529, Sec. 1(4), Aug. 11, 1966, 80 Stat. 339, struck out item 7218 ''Recognition for accomplishments, special service, and good conduct''. 1959 − Pub. L. 86−55, Sec. 2, June 23, 1959, 73 Stat. 89, inserted ''and aircraft'' in item 7227. 1958 − Pub. L. 85−861, Sec. 1(150), Sept. 2, 1958, 72 Stat. 1513, struck out item 7206 ''Minor construction and extension of structures''. 1957 − Pub. L. 85−43, Sec. 1(2), May 31, 1957, 71 Stat. 45, added item 7230. −CITE− 10 USC Sec. 7201 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7201. Repealed. Pub. L. 103−160, div. A, title VIII, Sec. 824(a)(1), Nov. 30, 1993, 107 Stat. 1707)
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−MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 442, authorized Secretary of the Navy to conduct research and development relating to guided missiles and to procure and construct guided missiles. −CITE− 10 USC Sec. 7202 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7202. Repealed. Pub. L. 94−106, title VIII, Sec. 804(b), Oct. 7, 1975, 89 Stat. 538) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 442, related to authority of Secretary of the Navy to provide for emergency and extraordinary expenses and to delegation of such authority to other persons in the Department of the Navy. See section 127 of this title. −CITE− 10 USC Sec. 7203 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps
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PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7203. Repealed. Pub. L. 103−355, title III, Sec. 3025(a), Oct. 13, 1994, 108 Stat. 3334) −MISC1− Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 442; Sept. 2, 1958, Pub. L. 85−861, Sec. 33(a)(34), 72 Stat. 1566, authorized Secretary of the Navy to make expenditures for scientific investigations and research from any naval appropriation available for those purposes and to delegate this authority within Navy. −CITE− 10 USC Sec. 7204 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7204. Schools near naval activities: financial aid −STATUTE− (a) The Secretary of the Navy may contribute, out of funds specifically appropriated for the purpose, to the support of schools in any locality where a naval activity is located if he
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finds that the schools available in the locality are inadequate for the welfare of the dependents of − (1) members of the naval service; (2) civilian officers and employees of the Department of the Navy; (3) members of the Coast Guard when it is operating as a service in the Navy; and (4) members of the National Oceanic and Atmospheric Administration serving with the Navy; who are stationed at the activity. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 442; Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96−513, title V, Sec. 513(24), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98−525, title XIV, Sec. 1401(j)(3)(A), (B), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99−145, title XIII, Sec. 1303(a)(23), Nov. 8, 1985, 99 Stat. 739.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
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7204 5 U.S.C. 421d. Aug. 2, 1946, ch. 756, Sec. 13, 60 Stat. 854. 5 U.S.C. 421g(b), Aug. 2, 1946, ch. (c). 756, Sec. 40(b), (c), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, Sec. 39, 60 Stat. 858. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (b) the words ''except the authority to prescribe regulations'' are omitted, since 5 U.S.C. 421d contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. AMENDMENTS 1985 − Subsec. (a). Pub. L. 99−145 ran in ''contribute, out of'' after ''Secretary of the Navy may'', and realigned margins of cls. (1) to (4) and provision following cl. (4). 1984 − Pub. L. 98−525, Sec. 1401(j)(3)(B), struck out ''; transportation of dependents'' in section catchline. Subsec. (a). Pub. L. 98−525, Sec. 1401(j)(3)(A), substituted ''The Secretary of the Navy may'' for ''The Secretary of the Navy may − '', struck out ''(1)'' before ''contribute out of'', thereby eliminating paragraph designation, redesignated cls. (A) to (D) as (1) to (4), respectively, substituted ''the activity.'' for ''the activity; and'', and struck out par. (2), which provided for
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transportation between the schools and the activity when the schools are not accessible by regular means of transportation. 1980 − Subsec. (a)(1)(D). Pub. L. 96−513 substituted ''National Oceanic and Atmospheric Administration'' for ''Environmental Science Services Administration''. 1966 − Subsec. (a)(1)(D). Pub. L. 89−718 substituted ''Environmental Science Services Administration'' for ''Coast and Geodetic Survey''. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98−525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98−525, set out as an Effective Date note under section 520b 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. REPEALS The directory language of, but not the amendment made by, Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97−295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314. −TRANS− TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of
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Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. −CITE− 10 USC Sec. 7205 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7205. Promotion of health and prevention of accidents −STATUTE− (a) The Secretary of the Navy may make such expenditures as he considers appropriate to prevent accidents and to promote the safety and occupational health of − (1) members of the naval service on active duty; (2) civilian officers and employees of the Department of the Navy; (3) members of the Coast Guard when it is operating as a service in the Navy; and (4) members of the National Oceanic and Atmospheric Administration serving with the Navy.
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The expenditures may include payments for clothing, equipment, and other materials necessary for the purposes of this section. Any appropriation available for the activities in which the personnel are engaged shall be available for these purposes. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 443; Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96−513, title V, Sec. 513(24), Dec. 12, 1980, 94 Stat. 2932.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7205 5 U.S.C. 421e(b). Aug. 2, 1946, ch. 756, Sec. 24(b), 60 Stat. 856. 5 U.S.C. 421g(b), Aug. 2, 1946, ch. (c). 756, Sec. 40(b), (c), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, Sec. 39, 60
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Stat. 858. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (a) the word ''maintenance'' is omitted as surplusage. In subsection (b) the words ''except the authority to prescribe regulations'' are omitted, since 5 U.S.C. 421e(b) contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. AMENDMENTS 1980 − Subsec. (a)(4). Pub. L. 96−513 substituted ''National Oceanic and Atmospheric Administration'' for ''Environmental Science Services Administration''. 1966 − Subsec. (a)(4). Pub. L. 89−718 substituted ''Environmental Science Services Administration'' for ''Coast and Geodetic Survey''. 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. REPEALS The directory language of, but not the amendment made by, Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97−295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314. −TRANS− TRANSFER OF FUNCTIONS
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For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. −CITE− 10 USC Sec. 7206 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7206. Repealed. Pub. L. 85−861, Sec. 36B(22), Sept. 2, 1958, 72 Stat. 1571) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 443, related to minor construction and extension of structures. −CITE− 10 USC Sec. 7207 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES
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Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7207. Administration of liberated and occupied areas −STATUTE− (a) The Secretary of the Navy may, out of any appropriation made for the purpose, provide for the administration of liberated and occupied areas by the Department of the Navy. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 443.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7207 5 U.S.C. 421f (as Aug. 2, 1946, ch. applicable to 756, Sec. 38 (as administration of applicable to liberated and administration of
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occupied areas). liberated and occupied areas), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, Sec. 39, 60 Stat. 858. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (b) the words ''except the authority to prescribe regulations'' are omitted, since 5 U.S.C. 421f contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. −CITE− 10 USC Sec. 7208 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7208. Repealed. Pub. L. 98−525, title XIV, Sec. 1401(d)(3)(A), Oct. 19, 1984, 98 Stat. 2616) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 443, authorized the Secretary of the Navy to pay the travel, subsistence, special compensation, and other expenses of officers and students of Latin
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American countries that the Secretary considers necessary for Latin American cooperation. See section 1050 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1985, see section 1404 of Pub. L. 98−525, set out as an Effective Date note under section 520b of this title. −CITE− 10 USC Sec. 7209 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7209. Repealed. Pub. L. 100−370, Sec. 1(e)(3)(A), July 19, 1988, 102 Stat. 845) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 444, related to rewards for recovery of missing naval property. See section 2252 of this title. −CITE− 10 USC Sec. 7210 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps
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PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7210. Repealed. Pub. L. 103−160, div. A, title VIII, Sec. 824(a)(2), Nov. 30, 1993, 107 Stat. 1707) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 444, authorized Secretary of the Navy to purchase patents, patent applications, and licenses. −CITE− 10 USC Sec. 7211 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7211. Attendance at meetings of technical, professional, or scientific organizations −STATUTE− (a) The Secretary of the Navy may authorize − (1) members of the naval service on active duty; (2) civilian officers and employees of the Department of the Navy;
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(3) members of the Coast Guard when it is operating as a service in the Navy; and (4) members of the National Oceanic and Atmospheric Administration serving with the Navy; to attend meetings of technical, professional, scientific, and similar organizations, if the Secretary believes that their attendance will benefit the Department. The personnel may be reimbursed for their expenses at the rates prescribed by law. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 444; Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96−513, title V, Sec. 513(24), Dec. 12, 1980, 94 Stat. 2932.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7211 5 U.S.C. 421c. Aug. 2, 1946, ch. 756, Sec. 1, 60 Stat. 853. 5 U.S.C. 421g(b), Aug. 2, 1946, ch.
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(c). 756, Sec. 40(b), (c), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, Sec. 39, 60 Stat. 858. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (b) the words ''except the authority to prescribe regulations'' are omitted, since 5 U.S.C. 421c contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. AMENDMENTS 1980 − Subsec. (a)(4). Pub. L. 96−513 substituted ''National Oceanic and Atmospheric Administration'' for ''Environmental Science Services Administration''. 1966 − Subsec. (a)(4). Pub. L. 89−718 substituted ''Environmental Science Services Administration'' for ''Coast and Geodetic Survey''. 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. REPEALS The directory language of, but not the amendment made by, Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97−295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314.
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−TRANS− TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. −CITE− 10 USC Sec. 7212 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7212. Employment of outside architects and engineers −STATUTE− (a) Whenever the Secretary of the Navy believes that the existing facilities of the Department of the Navy are inadequate and he considers it advantageous to national defense, he may employ, by contract or otherwise, without advertising and without reference to sections 305, 3324, and 7204, chapter 51, and subchapters III, IV,
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and VI of chapter 53 of title 5, architectural or engineering corporations, or firms, or individual architects or engineers, to produce designs, plans, drawings, and specifications for the accomplishment of any naval public works or utilities project or for the construction of any vessel or aircraft, or part thereof. (b) The fee for any service under this section may not exceed 6 percent of the estimated cost, as determined by the Secretary, of the project to which the fee applies. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 444; Pub. L. 89−718, Sec. 28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95−454, title VII, Sec. 703(c)(3), title VIII, Sec. 801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96−513, title V, Sec. 513(25), Dec. 12, 1980, 94 Stat. 2932.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7212 34 U.S.C. 556. Apr. 25, 1939, ch. 87, Sec. 3, 53 Stat. 591. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (a) the word ''outside'' is omitted as surplusage and the words ''architects or engineers'' are inserted for
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clarity. The words ''without advertising'' are substituted for the reference to R.S. 3609, for brevity and clarity. AMENDMENTS 1980 − Subsec. (a). Pub. L. 96−513 substituted ''and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of'' for ''5101−5115, 5331−5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of such''. 1978 − Subsec. (a). Pub. L. 95−454, Sec. 801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5. Pub. L. 95−454, Sec. 703(c)(3), substituted ''7204'' for ''7154''. 1966 − Subsec. (a). Pub. L. 89−718 substituted ''sections 305, 3324, 5101−5115, 5331−5338, 5341, 5342, and 7154 of title 5'' for ''sections 1071−1153 of title 5''. 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. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 703(c)(3) of Pub. L. 95−454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95−454, set out as a note under section 1101 of Title 5, Government Organization and Employees. Amendment by section 801(a)(3)(I) of Pub. L. 95−454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95−454,
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set out as an Effective Date note under section 5361 of Title 5. −CITE− 10 USC Sec. 7213 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7213. Repealed. Pub. L. 103−160, div. A, title VIII, Sec. 824(a)(3), Nov. 30, 1993, 107 Stat. 1707) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to relief of contractors and their employees from losses by enemy action. −CITE− 10 USC Sec. 7214 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7214. Apprehension of deserters and prisoners; operation of
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shore patrols −STATUTE− (a) The Secretary of the Navy may make such expenditures out of available appropriations as he considers necessary to − (1) apprehend and deliver deserters, stragglers, and prisoners; and (2) operate shore patrols. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 445.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7214 34 U.S.C. 606. Aug. 2, 1946, ch. 756, Sec. 22, 60 Stat. 856. 5 U.S.C. 421g(d). Aug. 2, 1946, ch. 756, Sec. 40(d), 60 Stat. 858. 5 U.S.C. 412a. Aug. 2, 1946, ch.
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756, Sec. 39, 60 Stat. 858. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (a) the word ''naval'' is omitted as surplusage. In subsection (b) the words ''except the authority to prescribe regulations'' are omitted, since 34 U.S.C. 606 contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. −CITE− 10 USC Sec. 7215 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7215. Repealed. Pub. L. 90−377, Sec. 6(2), July 5, 1968, 82 Stat. 288) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized Secretary of the Navy to maintain and operate naval prisons and prison farms and to provide for subsistence, welfare, recreation, and education of naval prisoners. −CITE− 10 USC Sec. 7216 01/06/03
25
−EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7216. Collection, preservation, and display of captured flags −STATUTE− The Secretary of the Navy shall collect all flags, standards, and colors taken by the Navy or the Marine Corps from enemies of the United States. These flags, standards, and colors shall be delivered to the President. Under his direction they shall be preserved and displayed in any public place he considers proper. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 445.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7216 5 U.S.C. 418. R.S. 428; R.S. 1554; R.S. 1555. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The words ''from time to time cause to be'', ''transmitted to
26
him'', and ''for the purpose of being'' are omitted as surplusage. The words ''Marine Corps'' are inserted for clarity, since the provision is interpreted as applicable thereto. −CITE− 10 USC Sec. 7217 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7217. Repealed. Pub. L. 101−510, div. A, title XIII, Sec. 1322(a)(15), Nov. 5, 1990, 104 Stat. 1672) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to reports to Congress concerning appropriations for Department of the Navy. −CITE− 10 USC Sec. 7218 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES
27
−HEAD− (Sec. 7218. Repealed. Pub. L. 89−529, Sec. 1(3), Aug. 11, 1966, 80 Stat. 339; Pub. L. 97−295, Sec. 1(46), Oct. 12, 1982, 96 Stat. 1298) −MISC1− Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized Secretary of Navy to give special recognition to members of naval service for excellence, special service and good conduct in naval service. Subsec. (b) of this section was amended by Pub. L. 89−718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, subsequent to repeal of this section by Pub. L. 89−529, and as so amended had provided that the Secretary had the same power with respect to members of Coast Guard when the Coast Guard was operating as a service in the Navy and to members of Environmental Science Services Administration serving with the Navy. Pub. L. 97−295, Sec. 1(46), repealed subsec. (b). Pub. L. 89−718, Sec. 8(a), was repealed by Pub. L. 97−295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314. −CITE− 10 USC Sec. 7219 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES
28
−HEAD− Sec. 7219. Leases of waterfront property from States or municipalities −STATUTE− In leasing waterfront property from a State or municipality, the Secretary of the Navy may provide in the lease, where it is required by state law or municipal charter, that, as part or all of the consideration, any improvements placed upon the property by the United States become the property of the lessor when the lease, including any renewal, ends. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 446.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7219 34 U.S.C. 521. July 1, 1918, ch. 114, 40 Stat. 705 (2d par.). −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− −CITE− 10 USC Sec. 7220 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES
29
Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7220. Gifts for welfare of enlisted members −STATUTE− The Secretary of the Navy may accept gifts for use in providing recreation, amusement, and contentment for enlisted members of the naval service. The fund ''Ships' Stores Profits, Navy'' shall be credited with these gifts. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 446.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7220 5 U.S.C. 419a. June 30, 1932, ch. 318, 47 Stat. 424 (2d proviso). −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The words ''and contributions from organizations, individuals, or others'' are omitted as surplusage. −CITE−
30
10 USC Sec. 7221 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7221. Acceptance and care of gifts to vessels −STATUTE− The Secretary of the Navy may accept and care for such gifts of silver, colors, books, or other articles of equipment or furniture as, in accordance with custom, are made to vessels of the Navy. Necessary expenses incident to the care of gifts that are accepted shall be paid from the appropriation for the maintenance and operation of vessels. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 446.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7221 5 U.S.C. 419. May 20, 1908, ch. 182, 35 Stat. 171.
31
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The words ''in the form'' and ''by States, municipalities, or otherwise'' are omitted as surplusage. The words ''the appropriation for the maintenance and operation of vessels'' are substituted for the words ''the appropriation 'Equipment of Vessels' '' to identify by a general description, rather than by a specific appropriation title, the appropriation authorized to be used. −CITE− 10 USC Sec. 7222 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7222. Naval Historical Center Fund: references to Fund −STATUTE− Any reference in a law, regulation, document, paper, or other record of the United States to the Naval Historical Center Fund formerly maintained under this section shall be deemed to refer to the Department of the Navy General Gift Fund maintained under section 2601 of this title. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 446; Pub. L. 104−201, div. A,
32
title X, Sec. 1073(b)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2657; Pub. L. 106−398, Sec. 1 ((div. A), title IX, Sec. 942(d)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A−242.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7222 5 U.S.C. 419b. Mar. 4, 1937, ch. 26, 50 Stat. 25. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In subsection (a) the word ''receive'' and the words ''from individuals or others'' and ''of the United States'' are omitted as surplusage. The title of the ''Office of Naval Records and Library, Navy Department'' is changed to ''Office of Naval Records and History'', in accordance with a directive of the Secretary of the Navy dated March 10, 1949. Subsection (b) is rewritten for clarity and to conform to a similar statement appearing in 5 U.S.C. 150s. AMENDMENTS 2000 − Pub. L. 106−398 amended section catchline and text generally. Prior to amendment, section related to acceptance and administration of gifts, bequests, and loans for the benefit of the Naval Historical Center. 1996 − Pub. L. 104−201, Sec. 1073(b)(2)(A), substituted ''Naval
33
Historical Center Fund'' for ''Office of Naval Records and History gift fund'' in section catchline. Subsecs. (a), (c). Pub. L. 104−201, Sec. 1073(b)(1), substituted ''Naval Historical Center'' for ''Office of Naval Records and History'' wherever appearing. MERGER OF NAVAL HISTORICAL CENTER FUND INTO DEPARTMENT OF THE NAVY GENERAL GIFT FUND Pub. L. 106−398, Sec. 1 ((div. A), title IX, Sec. 942(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A−241, provided that: ''(1) The Secretary of the Navy shall transfer all amounts in the Naval Historical Center Fund maintained under section 7222 of title 10, United States Code, to the Department of the Navy General Gift Fund maintained under section 2601 of such title. Upon completing the transfer, the Secretary shall close the Naval Historical Center Fund. ''(2) Amounts transferred to the Department of the Navy General Gift Fund under this subsection shall be merged with other amounts in that Fund and shall be available for the purposes for which amounts in that Fund are available.'' −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 2055. −CITE− 10 USC Sec. 7223 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES
34
Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7223. Acquisition of land for radio stations and for other purposes −STATUTE− Land of the United States that is under the control of any department or agency of the United States may be mutually selected as a site for a naval radio station by the Secretary of the Navy and the head of the department or agency having control of the land. By direction of the President, land so selected may be transferred to and placed under the jurisdiction of the Department of the Navy for use as a naval radio station or for any other naval purpose. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 447.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7223 34 U.S.C. 523. Aug. 29, 1916, ch. 417, 39 Stat. 606
35
(3d proviso). −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The word ''agency'' is substituted for the word ''branch'' to conform to present terminology. The words ''by the Secretary of the Navy and the head of the department or agency having control of the land'' are added to identify the officials who ''mutually'' select the site. −CITE− 10 USC Sec. 7224 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7224. Transportation on naval vessels during wartime −STATUTE− In time of war or during a national emergency declared by the President, such persons as the Secretary of the Navy authorizes by regulation may be transported and subsisted on naval vessels at Government expense. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 447.) −MISC1− Historical and Revision Notes
36
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7224 34 U.S.C. 474. Aug. 2, 1946, ch. 756, Sec. 18, 60 Stat. 855. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of section 474 of former Title 34, the date July 25, 1947, should be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. The state of war with Japan ended on Apr. 28, 1952, by the coming into effect of the Treaty of Peace with Japan on that date. The state of war with Germany ended on Oct. 19, 1951. See notes preceding section 1 of Appendix to Title 50, War and National Defense. −CITE− 10 USC Sec. 7225 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION
37
CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7225. Naval Reserve flag −STATUTE− The Secretary of the Navy shall prescribe a suitable flag to be known as the Naval Reserve flag. This flag may be flown by a seagoing merchant vessel if − (1) the vessel is documented under the laws of the United States; (2) the vessel has been designated by the Secretary, under such regulations as he prescribes, as suitable for service as a naval auxiliary in time of war; and (3) the master or commanding officer and at least half of the other licensed officers of the vessel are members of the Navy. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 447.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7225 50 U.S.C. 1048. July 9, 1952, ch. 608, Sec. 409, 66 Stat. 499.
38
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In clause (3) the words ''at least half'' are substituted for the words ''not less than 50 per centum''. The words ''or Naval Reserve'' are omitted as surplusage, since the Navy includes the Naval Reserve. −CITE− 10 USC Sec. 7226 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7226. Naval Reserve yacht pennant −STATUTE− The Secretary of the Navy shall prescribe a suitable pennant to be known as the Naval Reserve yacht pennant. This pennant may be flown by a yacht or similar vessel if − (1) the vessel is documented under the laws of the United States; (2) the vessel has been designated by the Secretary, under such regulations as he prescribes, as suitable for service as a naval auxiliary in time of war; and (3) the captain or owner of the vessel is a member of the Navy. −SOURCE−
39
(Aug. 10, 1956, ch. 1041, 70A Stat. 447.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7226 50 U.S.C. 1049. July 9, 1952, ch. 608, Sec. 410, 66 Stat. 499. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− In clause (3) the words ''or Naval Reserve'' are omitted as surplusage, since the Navy includes the Naval Reserve. −CITE− 10 USC Sec. 7227 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7227. Foreign naval vessels and aircraft: supplies and services −STATUTE− (a) The Secretary of the Navy, under such regulations as he
40
prescribes, may authorize any United States naval vessel or activity to furnish any of the following supplies or services, when in the best interests of the United States, on a reimbursable basis without an advance of funds if similar supplies and services are furnished on a like basis to naval vessels and military aircraft of the United States by the foreign country concerned: (1) Routine port services in territorial waters of the United States or in waters under United States control, including pilotage, tugs, garbage removal, line−handling, and utilities, to naval vessels of foreign countries. (2) Routine airport services, including landing and takeoff assistance, use of runways, parking and servicing, to military aircraft of foreign countries. (3) Miscellaneous supplies, including fuel, provisions, spare parts, and general stores, but not including ammunition, to naval vessels and military aircraft of foreign countries. (4) Overhauls, repairs, and alterations together with necessary equipment and its installation required in connection therewith, to naval vessels and military aircraft of foreign countries. (b)(1) Routine port and airport services may be furnished under this section at no cost to the foreign country concerned where such services are provided by United States naval personnel and equipment without direct cost to the Navy. (2) When furnishing routine port services under this section to naval vessels of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under
41
an agreement that provides for the reciprocal furnishing by such country of routine port services to naval vessels of the United States without reimbursement. When furnishing routine airport services under this section to military aircraft of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine airport services to military aircraft of the United States without reimbursement. (3) If routine port or airport services are furnished under this section by a working−capital fund activity of the Navy established under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in furnishing those services by reason of paragraph (2), the working−capital fund activity shall be reimbursed for such costs out of operating funds currently available to the Navy. (c) Payments for supplies and services furnished under this section may be credited to current appropriations so as to be available for the same purpose as the appropriation initially charged. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 447; Pub. L. 86−55, Sec. 1, June 23, 1959, 73 Stat. 89; Pub. L. 98−94, title XII, Sec. 1219(a), Sept. 24, 1983, 97 Stat. 691; Pub. L. 98−525, title XIV, Sec. 1405(49), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 102−190, div. A, title X, Sec. 1048, Dec. 5, 1991, 105 Stat. 1468.)
42
−MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7227 34 U.S.C. 555d, 34 May 27, 1953, ch. U.S.C. 555e. 67, 67 Stat. 34. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− AMENDMENTS 1991 − Subsec. (a). Pub. L. 102−190, Sec. 1048(a), struck out ''friendly'' before ''foreign country'' in introductory provisions and ''friendly'' before ''foreign countries'' in pars. (1) to (4). Subsec. (b)(2). Pub. L. 102−190, Sec. 1048(b), struck out subpar. (A) designation, substituted ''naval vessels of a foreign country'' for ''naval vessels of an allied country'', inserted after first sentence ''When furnishing routine airport services under this section to military aircraft of a foreign country, the Secretary may furnish such services without reimbursement if such services are provided under an agreement that provides for the reciprocal furnishing by such country of routine airport services to military aircraft of the United States without reimbursement.'', designated last sentence relating to furnishing of routine services by a working−capital fund activity of the Navy as par. (3), and struck out former subpar. (B) which defined ''allied country''. Subsec. (b)(3). Pub. L. 102−190, Sec. 1048(b)(5), designated last
43
sentence of par. (2) relating to furnishing of routine services by a working−capital fund activity of the Navy as par. (3) and substituted ''port or airport services'' for ''port services'' and ''paragraph (2)'' for ''this paragraph''. 1984 − Subsec. (a)(1), (2). Pub. L. 98−525, Sec. 1405(49)(A), (C), in cls. (1) and (2), substituted ''Routine'' for ''routine'' and a period for the semicolon at the end. Subsec. (a)(3). Pub. L. 98−525, Sec. 1405(49)(B), (D), substituted ''Miscellaneous'' for ''miscellaneous'' and a period for ''; and''. 1983 − Subsec. (b). Pub. L. 98−94 designated existing provisions as par. (1) and added par. (2). 1959 − Pub. L. 86−55 authorized supplies and services to be furnished by any United States naval vessel or activity, and the furnishing of supplies and services to aircraft, eliminated provisions which limited the furnishing of supplies on a reimbursable basis to ships of foreign countries that had entered into a prior reciprocal agreement, and which permitted services, including overhauling, repairs, alterations and installation of equipment, to be furnished only if funds to cover the estimated cost thereof were advanced, and permitted the furnishing of routine port and airport services at no cost where such services are without direct cost to the Navy. EFFECTIVE DATE OF 1983 AMENDMENT Section 1219(b) of Pub. L. 98−94 provided that: ''The amendments made by subsection (a) (amending this section) shall take effect on
44
October 1, 1983.'' −CITE− 10 USC Sec. 7228 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7228. Merchant vessels: supplies −STATUTE− (a) The Secretary of the Navy, under such regulations as he prescribes, may sell to a merchant ship such fuel and other supplies as may be required to meet its necessities if the ship is unable − (1) to procure the supplies from other sources at its present location; and (2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried on it. (b) Sales under this section shall be at such prices as the Secretary considers reasonable. Payment shall be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise
45
directed by another provision of law, be credited to the current appropriation concerned and are available for the same purposes as that appropriation. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 448.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7228 34 U.S.C. 555f. June 4, 1954, ch. 264, Sec. 3, 68 Stat. 176. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− −CITE− 10 USC Sec. 7229 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7229. Purchase of fuel −STATUTE−
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In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used. −SOURCE− (Aug. 10, 1956, ch. 1041, 70A Stat. 448.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7229 34 U.S.C. 580. R.S. 3728. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The first sentence is omitted as covered by Sec. 2 of the Act of Mar. 3, 1933, ch. 212 (41 U.S.C. 10a). The words ''for the Navy, or for naval stations and yards'' are omitted, since R.S. 3728 has been interpreted as authorizing the Armed Services Petroleum Purchasing Agency to negotiate contracts for the purchase of fuel, not only when acting as a procuring activity for the Navy, but also when filling the consolidated fuel requirements of the armed forces. The word ''may'' is substituted for the words ''shall have the power to'' for uniformity. The words ''discriminate and'' are omitted as surplusage. −CITE− 10 USC Sec. 7230 01/06/03 −EXPCITE−
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TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− (Sec. 7230. Repealed. Pub. L. 103−160, div. A, title VIII, Sec. 824(a)(4), Nov. 30, 1993, 107 Stat. 1707) −MISC1− Section, added Pub. L. 85−43, Sec. 1(1), May 31, 1957, 71 Stat. 44; amended Pub. L. 87−651, title I, Sec. 125, Sept. 7, 1962, 76 Stat. 514, related to sale of degaussing equipment. −CITE− 10 USC Sec. 7231 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7231. Accounting for expenditures for obtaining information −STATUTE− When the Secretary of the Navy decides that an expenditure by the Department of the Navy from an appropriation for obtaining information from anywhere in the world may be made public, the
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expenditure shall be accounted for specifically. When the Secretary decides that an expenditure should not be made public, the Secretary shall make a certificate on the amount of the expenditure. The certificate is a sufficient voucher for the amount stated to have been spent. −SOURCE− (Added Pub. L. 97−258, Sec. 2(b)(11)(B), Sept. 13, 1982, 96 Stat. 1057.) −MISC1− Historical and Revision Notes −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Revised section Source (U.S. Code) Source (Statutes at Large) −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− 7231 31:108. Aug. 29, 1916, ch. 417 (2d proviso under heading ''Pay, Miscellaneous''), 39 Stat. 557. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− The words ''anywhere in the world'' are substituted for ''abroad and at home'', and the words ''decides that an expenditure should not be made public'' are substituted for ''may think it advisable not to specify'', for clarity and consistency. −CITE−
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10 USC Sec. 7233 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle C − Navy and Marine Corps PART IV − GENERAL ADMINISTRATION CHAPTER 631 − SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES −HEAD− Sec. 7233. (FOOTNOTE 1) Auxiliary vessels: extended lease authority −STATUTE− (FOOTNOTE 1) So in original. No section 7232 has been enacted. (a) Authorized Contracts. − Subject to subsection (b), the Secretary of the Navy may enter into contracts with private United States shipyards for the construction of new surface vessels to be acquired on a long−term lease basis by the United States from the shipyard or other private person for any of the following: (1) The combat logistics force of the Navy. (2) The strategic sealift force of the Navy. (3) Other auxiliary support vessels for the Department of Defense. (b) Contracts Required To Be Authorized by Law. − A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with respect to that vessel. As part of a request to Congress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the
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Secretary's findings under subsection (g). (c) Term of Contract. − In this section, the term ''long−term lease'' means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more. (d) Option To Buy. − A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market value of the vessel. (e) Domestic Construction. − The Secretary shall require in any contract entered into under this section that each vessel to which the contract applies − (1) shall have been constructed in a shipyard within the United States; and (2) upon delivery, shall be documented under the laws of the United States. (f) Vessel Operation. − (1) The Secretary may operate a vessel held by the Secretary under a long−term lease under this section through a contract with a United States corporation with experience in the operation of vessels for the United States. Any such contract shall be for a term as determined by the Secretary.
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(2) The Secretary may provide a crew for any such vessel using civil service mariners only after an evaluation taking into account − (A) the fully burdened cost of a civil service crew over the expected useful life of the vessel; (B) the effect on the private sector manpower pool; and (C) the operational requirements of the Department of the Navy. (g) Contingent Waiver of Other Provisions of Law. − (1) The Secretary may waive the applicability of subsections (e)(2) and (f) of section 2401 of this title to a contract authorized by law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract: (A) The need for the vessels or services to be provided under the contract is expected to remain substantially unchanged during the contemplated contract or option period. (B) There is a reasonable expectation that throughout the contemplated contract or option period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation. (C) The timeliness of consideration of the contract by Congress is such that such a waiver is in the interest of the United States. (2) The Secretary shall submit a notice of any waiver under paragraph (1) to the Committee on Armed Services of the Senate and
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the Committee on Armed Services of the House of Representatives. (h) Source of Funds for Termination Liability. − If a contract entered into under this section is terminated, the costs of such termination may be paid from − (1) amounts originally made available for performance of the contract; (2) amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or (3) funds appropriated for those costs. −SOURCE− (Added Pub. L. 106−65, div. A, title X, Sec. 1014(a)(1), Oct. 5, 1999, 113 Stat. 741.) −MISC1− EFFECTIVE DATE Pub. L. 106−65, div. A, title X, Sec. 1014(c), Oct. 5, 1999, 113 Stat. 742, provided that: ''Section 7233 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1999.'' −CITE−
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