
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: 10USC2779]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
 
Sec. 2779. Use of funds because of fluctuations in currency 
        exchange rates of foreign countries
        
    (a) Transfers Back to Foreign Currency Fluctuations Appropriation.--
(1) Funds transferred from the appropriation ``Foreign Currency 
Fluctuations, Defense'' may be transferred back to the appropriation--
        (A) when the funds are not needed to pay obligations incurred 
    because of fluctuations in currency exchange rates of foreign 
    countries in the appropriation to which the funds were originally 
    transferred; and
        (B) because of subsequent favorable fluctuations in the rates or 
    because other funds are, or become, available to pay the 
    obligations.

    (2) A transfer back to the Foreign Currency Fluctuations, Defense 
appropriation may not be made after the end of the second fiscal year 
after the fiscal year that the appropriation to which the funds were 
originally transferred is available for obligation.
    (b) Funding for Losses in Military Construction and Family 
Housing.--(1) One hundred million dollars, plus $25,000,000 from Family 
Housing, Defense, are appropriated to the Secretary of Defense, to 
remain available until spent. The appropriation is available only to 
provide funds to eliminate losses in military construction or expenses 
of family housing for the Department of Defense caused by fluctuations 
in currency exchange rates of foreign countries that changed after a 
budget request was submitted to Congress.
    (2) Funds provided under this subsection are merged with and are 
available for the same purpose and for the same time period as the 
appropriation to which they are applied. An authorization or limitation 
limiting the amount that may be obligated or spent is increased to the 
extent necessary to reflect fluctuations in exchange rates from those 
used in preparing the budget submission.
    (3) An obligation payable in the currency of a foreign country may 
be recorded as an obligation based on exchange rates used in preparing a 
budget submission. A change reflecting fluctuations in the exchange rate 
may be recorded as a disbursement is made.
    (c) Transfers to Military Personnel Accounts.--The Secretary of 
Defense may transfer funds to military personnel appropriations for a 
fiscal year out of funds available to the Department of Defense for that 
fiscal year under the appropriation ``Foreign Currency Fluctuations, 
Defense''.
    (d) Transfers to Foreign Currency Fluctuations Account.--(1) The 
Secretary of Defense may transfer to the appropriation ``Foreign 
Currency Fluctuations, Defense'' unobligated amounts of funds 
appropriated for operation and maintenance and unobligated amounts of 
funds appropriated for military personnel.
    (2) Any transfer from an appropriation under paragraph (1) shall be 
made not later than the end of the second fiscal year following the 
fiscal year for which the appropriation is provided.
    (3) Any transfer made pursuant to the authority provided in this 
subsection shall be limited so that the amount in the appropriation 
``Foreign Currency Fluctuations, Defense'' does not exceed $970,000,000 
at the time the transfer is made.
    (e) Conditions of Availability for Transferred Funds.--Amounts 
transferred under subsection (c) or (d) shall be merged with and be 
available for the same purposes and for the same period as the 
appropriations to which transferred.

(Added Pub. L. 97-258, Sec. 2(b)(8)(B), Sept. 13, 1982, 96 Stat. 1056; 
amended Pub. L. 101-510, div. A, title XIII, Sec. 1301(15), Nov. 5, 
1990, 104 Stat. 1668; Pub. L. 104-106, div. A, title IX, Sec. 911(a)-
(c), (e), Feb. 10, 1996, 110 Stat. 406, 407.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2779(a)...............................  31:628-2.                            Ju
ly 25, 1979, Pub. L. 96-38, Sec.
                                                                              1
00 (last par. under heading
                                                                              `
`General Provisions''), 93 Stat.
                                                                              1
00.
2779(b)...............................  31:628-3.                            No
v. 30, 1979, Pub. L. 96-130, Sec.
                                                                               
100 (par. under heading ``Foreign
                                                                              C
urrency Fluctuation,
                                                                              C
onstruction, Defense''), 93 Stat.
                                                                              1
019.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), before clause (A), the words ``during the 
current fiscal year or on and after July 25, 1979'' are omitted as 
executed. The words ``from an appropriation to which they were 
transferred'' are omitted as surplus. In clause (A), the words ``of 
foreign countries'' are added for consistency.
    In subsection (a)(2), the words ``back to the Foreign Currency 
Fluctuations, Defense appropriation'' are substituted for ``authorized 
by this provision'' for clarity.
    In subsection (b)(1), the words ``the sum of'', ``which shall be 
derived'', and ``to appropriations and funds'' are omitted as surplus. 
The word ``only'' is added for clarity. The words ``for those 
appropriations or funds'' are omitted as surplus. The words ``available 
during fiscal year 1980, or thereafter'' are omitted as executed. The 
words ``Department of Defense'' are substituted for ``military 
departments and Defense agencies'' because of 10:101(5).
    In subsection (b)(2), the words ``or fund'' are omitted as surplus. 
The words ``now or on and after November 30, 1979'' are omitted as 
executed. The words ``contained within appropriations or other 
provisions of law'', ``hereby'', and ``applicable'' are omitted as 
surplus.
    In subsection (b)(3), the words ``contracts or other . . . entered 
into'' are omitted as surplus.


                            Prior Provisions

    Provisions similar to those in subsec. (d) of this section were 
contained in Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 791], 
Dec. 21, 1982, 96 Stat. 1865, which was set out as a note under section 
114 of this title, prior to repeal by Pub. L. 104-106, Sec. 911(d)(2).


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106, Sec. 911(e)(1), inserted 
heading.
    Subsec. (a)(2). Pub. L. 104-106, Sec. 911(e)(2), substituted 
``second fiscal year'' for ``2d fiscal year''.
    Subsec. (b). Pub. L. 104-106, Sec. 911(e)(3), inserted heading.
    Subsec. (c). Pub. L. 104-106, Sec. 911(a), added subsec. (c).
    Subsec. (d). Pub. L. 104-106, Sec. 911(b), added subsec. (d).
    Subsec. (e). Pub. L. 104-106, Sec. 911(c), added subsec. (e).
    1990--Subsec. (b)(4). Pub. L. 101-510 struck out par. (4) which read 
as follows: ``The Secretary each year shall report to Congress on funds 
made available under this subsection.''


                    Effective Date of 1996 Amendment

    Section 911(f) of Pub. L. 104-106 provided that: ``Subsections (c) 
and (d) of section 2779 of title 10, United States Code, as added by 
subsections (a) and (b), and the repeals made by subsection (d) 
[repealing provisions set out as a note under section 114 of this 
title], shall apply only with respect to amounts appropriated for a 
fiscal year after fiscal year 1995.''
