
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7313]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                       CHAPTER 633--NAVAL VESSELS
 
Sec. 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 (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.

(Added Pub. L. 100-370, Sec. 1(n)(1), July 19, 1988, 102 Stat. 850.)


                      Historical and Revision Notes

    Section is based on Pub. L. 99-190, Sec. 101(b) [title VIII, 
Sec. 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 sections 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.

                          Codification

    Another section 7313 of this title was renumbered section 7314.
