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10 U.S.C. § 8683 — Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
Federal law — U.S. Code and appendices · legal_authorities
**(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 (1).
**(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.
**(c) Treatment of Amounts Appropriated After End of Period of Obligation.—** In the application of [section 1553(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1553/c&num=0&edition=prelim) 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”.
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Source file: Laws/federal/codes/united-states-code/title-10/section-8683-ship-overhaul-work-availability-of-appropriations-for-unusual-cost-overr--546cb22eea.md
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Source location: Title 10, Chapter 863, § 8683; chapter-863-naval-vessels.md
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**(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 (1).
**(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.
**(c) Treatment of Amounts Appropriated After End of Period of Obligation.—** In the application of [section 1553(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1553/c&num=0&edition=prelim) 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”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption From Apportionment Requirement.—** If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of [section 1512 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) appropriations, funds, and contract authorizations available for military functions of the Department of Defense.
**(b) Airborne Alerts.—** Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(c) Members on Active Duty.—** Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(d) Notification to Congress.—** The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
**(b)** In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which [section 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer.
**(b)**
(1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years.
(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7311
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of determining whether an enlisted member of the Air Force or the Space Force may be retired under section 9314 or 9317 of this title, his years of service are computed by adding all active service in the armed forces.
**(b)** Time required to be made up under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim) may not be counted in computing years of service under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9325
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding—
(1) all active service performed as a member of the Army, the Air Force, or the Space Force; and
(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.
**(b)** For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
**(c)** For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
**(d)** [Section 972(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/b&num=0&edition=prelim) excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9326
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Federal law — U.S. Code and appendices · legal_authorities
Page 3339
TITLE 10—ARMED FORCES
§ 8684
§ 8683. Ship overhaul work: availability of appro-
priations for unusual cost overruns and for
changes in scope of work
(a) UNUSUAL COST OVERRUNS.—(1) Appropria-
tions available to the Department of Defense for
a fiscal year may be used for payment of un-
usual 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 Con-
gress promptly before an obligation is incurred
for any payment under paragraph (1).
(b) CHANGES IN SCOPE OF WORK.—An appropria-
tion available to the Department of Defense for
a fiscal year may be used after the otherwise-ap-
plicable expiration of the availability for obliga-
tion of that appropriation—
(1) for payments to an industrial-fund activ-
ity for amounts required because of changes in
the scope of work for ship overhaul, mainte-
nance, 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 en-
tered into during the fiscal year for ship over-
haul, maintenance, and repair.
(c) TREATMENT
OF
AMOUNTS
APPROPRIATED
AFTER END OF PERIOD OF OBLIGATION.—In the ap-
plication of section 1553(c) of title 31 to funds ap-
propriated in the Operation and Maintenance,
Navy account that are available for ship over-
haul, the Secretary of the Navy may treat the
limitation specified in paragraph (1) of such sec-
tion to be ‘‘$10,000,000’’ rather than ‘‘$4,000,000’’.
(Added Pub. L. 100–370, § 1(n)(1), July 19, 1988, 102
Stat. 850, § 7313; renumbered § 8683, Pub. L.
115–232, div. A, titl
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8683
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.