Title 10 — Armed Forces
Part IV · Chapter 863 — Naval Vessels
§ 8683. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
Statutory text
Unusual Cost Overruns.—
Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year.
The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).
Changes in Scope of Work.—
An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation—
for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and
for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.
Treatment of Amounts Appropriated After End of Period of Obligation.—
In the application of section 1553(c) of title 31 to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be “$10,000,000” rather than “$4,000,000”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 100–370 § 1(n)(1) · 102 Stat. 840
Enacted · 10 U.S.C. § 8683
Added Pub. L. 100–370, § 1(n)(1), July 19, 1988, 102 Stat. 850, § 7313
Source evidence
Code source credit
Added Pub. L. 100–370, § 1(n)(1), July 19, 1988, 102 Stat. 850, § 7313Enacted provision · exact public law section
(1) Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section: “§7313. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work “(a) Unusual Cost Overruns.— (1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year. “(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph “(b) Changes in Scope of Work.— An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation— “(1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and “(2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(d)(2) · 132 Stat. 1636
Changed · 10 U.S.C. § 8683
Pub. L. 115–232 renumbered section 7313 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 7313 of this title as this section.Enacted provision · exact public law section
(2) Chapter 633.— Each section in chapter 633 is 10 USC 8661–8664, 8667, 8669–8671, 8673–8690. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title III § 367 · 134 Stat. 3388
Added · 10 U.S.C. § 8683(c)
Pub. L. 116–283 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283 added subsec. (c).Enacted provision · exact public law section
SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL COST OVERRUNS AND FOR CHANGES IN SCOPE OF WORK. Section 8683 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Treatment of Amounts Appropriated After End of Period of Obligation.— In the application of section 1553(c) of title 31 to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be ‘$10,000,000’ rather than ‘$4,000,000’.” .
3 of 3 references resolved to an enrolled provision
Notes
Historical and Revision Notes
Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8005(j), (k)], , 99 Stat. 1185, 1203.
In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting requirements applicable to the Department of Defense except for those requirements that were specifically exempted in that section. The source law sections are sections 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99–190), enacted , which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authorities provided the Department of Defense by these two provisions of law, the committee believes that it is appropriate to reinstate the congressional notification requirements that go with those authorities. These sections were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee’s belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notification provisions had in fact previously applied to the Department of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act.
Editorial Notes
Prior Provisions
A prior section 8683, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; , Pub. L. 85–861, § 1(156), 72 Stat. 1513; , Pub. L. 86–197, § 1(7), 73 Stat. 426, related to service credit for certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department, prior to repeal by Pub. L. 99–145, title XIII, § 1301(d)(1)(A), , 99 Stat. 736.
Amendments2018–2021 · 2 rounds
2021
Subsec. (c). Pub. L. 116–283 added subsec. (c).
2018
Pub. L. 115–232 renumbered section 7313 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Credits
1988–2021 · 3 acts
- 1988Added Pub. L. 100–370, § 1(n)(1), , 102 Stat. 850, § 7313
- 2018renumbered § 8683, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), , 132 Stat. 1836
- 2021amended Pub. L. 116–283, div. A, title III, § 367, , 134 Stat. 3551.
Show as published
(Added Pub. L. 100–370, § 1(n)(1), , 102 Stat. 850, § 7313; renumbered § 8683, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), , 132 Stat. 1836; amended Pub. L. 116–283, div. A, title III, § 367, , 134 Stat. 3551.)