Title 10 — Armed ForcesRelease 119-73
§8683 Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART IV— - GENERAL ADMINISTRATION › Chapter CHAPTER 863— - NAVAL VESSELS › § 8683
Summary
Lets the Department of Defense use its yearly funds to pay unexpected cost overruns for ship overhaul, maintenance, and repair when the ship was put into a military repair activity or had a contract started in an earlier fiscal year. The Secretary of Defense must tell Congress right away before using money for any such overrun. Allows the department to use those funds even after the normal spending deadline to pay extra costs from changes in the work if the work was started or contracted during that fiscal year. For the Navy’s Operation and Maintenance account for ship overhaul, the Secretary of the Navy may use a $10,000,000 limit instead of $4,000,000 when applying the rule in 31 U.S.C. 1553(c).
Full Legal Text
Title 10, §8683
Armed Forces — Source: USLM XML via OLRC
(a)(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 (1).
(b)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.
(c)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
Notes & Related Subsidiaries
Historical and Revision Notes
Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8005(j), (k)], Dec. 19, 1985, 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 section 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99–190), enacted December 19, 1985, 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; Sept. 2, 1958, Pub. L. 85–861, § 1(156), 72 Stat. 1513; Aug. 25, 1959, 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), Nov. 8, 1985, 99 Stat. 736.
Amendments
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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8683
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73