10 U.S.C. § 8683 — Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
submitted 38 years ago by Pub. L. 100-370 to r/title-10-ARMED-FORCES · 236 words · no verdicts yet
Defense appropriations can cover unusual cost overruns from ship overhaul, maintenance, and repair work started earlier. Congress must be notified before that money is spent. Money can also cover added costs from scope changes on such work, even after normal funding would expire.
(a) Unusual Cost Overruns — (1) Money appropriated to Defense for a fiscal year can pay* for unusual cost overruns on ship overhaul, maintenance, and repair for a vessel brought into an industrial-fund activity, or contracted for, in an earlier fiscal year. (2) The Secretary of Defense must notify Congress promptly before committing to any such payment.
(b) Changes in Scope of Work — Money appropriated to Defense for a fiscal year can be used, even after that appropriation's normal spending deadline, for: (1) payments to an industrial-fund activity for extra amounts caused by scope-of-work changes, for work brought into that activity during the fiscal year; and (2) payments under a contract for extra amounts caused by scope-of-work changes, for a ship overhaul, maintenance, or repair contract entered into during the fiscal year.
(c) Treatment of Amounts Appropriated After End of Period of Obligation — For Operation and Maintenance, Navy funds available for ship overhaul, the Secretary of the Navy may apply section 1553(c) of title 31 using "$10,000,000" as the limit instead of the usual "$4,000,000".
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).
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.
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”.
Source credit: (Added Pub. L. 100–370, § 1(n)(1), July 19, 1988, 102 Stat. 850, § 7313; renumbered § 8683, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 116–283, div. A, title III, § 367, Jan. 1, 2021, 134 Stat. 3551.)
- 1988Enacted · Pub. L. 100-370 · 102 Stat. 850
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3551
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-370 on 1988-07-19.
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