
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-64 Section 117]
[Document affected by Public Law 107-64 Section 118]
[CITE: 10USC2860]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2860. Availability of appropriations

    Funds appropriated to a military department or to the Secretary of 
Defense for a fiscal year for military construction or military family 
housing purposes may remain available for obligation beyond such fiscal 
year to the extent provided in appropriation Acts.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 167; amended 
Pub. L. 99-167, title VIII, Sec. 812(a), Dec. 3, 1985, 99 Stat. 991; 
Pub. L. 99-173, Sec. 121(b), Dec. 10, 1985, 99 Stat. 1029; Pub. L. 99-
661, div. A, title XIII, Sec. 1343(a)(21)(A), Nov. 14, 1986, 100 Stat. 
3994.)


                               Amendments

    1986--Pub. L. 99-661 substituted ``to the Secretary of Defense'' for 
``defense agency'', inserted ``for obligation'' after ``remains 
available'', and struck out ``the'' before ``appropriation Acts''.
    1985--Pub. L. 99-173 substituted ``Availability of appropriations'' 
for ``Availability of appropriations for five years'' as section 
catchline, and amended text generally. Prior to amendment, text read as 
follows: ``Subject to the provisions of appropriation Acts, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project (1) are obligated from funds 
available for military construction projects, and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.''
    Pub. L. 99-167 struck out subsection designation ``(a)'' and ``and 
except as otherwise provided under subsection (b)'' after ``provisions 
of appropriation Acts'', and struck out subsec. (b) which provided: 
``Should a requirement develop to obligate funds for a military 
construction project after the end of the fourth fiscal year after the 
fiscal year for which such funds were appropriated, such obligation may 
be made after the end of the 21-day period beginning on the date on 
which the appropriate committees of Congress receive notification of the 
need for such obligation and the reasons therefor.''


                    Effective Date of 1985 Amendments

    Section 121(c) of Pub. L. 99-173 provided that: ``The amendment made 
by subsection (b) [amending this section] shall apply to funds 
appropriated after the date of the enactment of Public Law 99-103 [Sept. 
30, 1985].''
    Section 812(b) of Pub. L. 99-167 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to funds 
appropriated after September 30, 1985.''


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.


              Availability of Appropriations for Five Years

    Pub. L. 106-246, div. A, Sec. 117, July 13, 2000, 114 Stat. 516, 
provided that: ``Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 106-52, Sec. 117, Aug. 17, 1999, 113 Stat. 264.
    Pub. L. 105-237, Sec. 117, Sept. 20, 1998, 112 Stat. 1558.
    Pub. L. 105-45, Sec. 117, Sept. 30, 1997, 111 Stat. 1147.
    Pub. L. 104-196, Sec. 117, Sept. 16, 1996, 110 Stat. 2391.
    Pub. L. 104-32, Sec. 117, Oct. 3, 1995, 109 Stat. 289.
    Pub. L. 103-307, Sec. 118, Aug. 23, 1994, 108 Stat. 1664.
    Pub. L. 103-110, Sec. 118, Oct. 21, 1993, 107 Stat. 1043.
    Pub. L. 102-380, Sec. 119, Oct. 5, 1992, 106 Stat. 1371.
    Pub. L. 102-136, Sec. 119, Oct. 25, 1991, 105 Stat. 643.
    Pub. L. 101-519, Sec. 119, Nov. 5, 1990, 104 Stat. 2246.
    Pub. L. 101-148, Sec. 121, Nov. 10, 1989, 103 Stat. 925.
    Pub. L. 100-447, Sec. 124, Sept. 27, 1988, 102 Stat. 1835.


           Transfer of Funds for Foreign Currency Fluctuations

    Pub. L. 106-246, div. A, Sec. 118, July 13, 2000, 114 Stat. 516, 
provided that: ``During the 5-year period after appropriations available 
to the Department of Defense for military construction and family 
housing operation and maintenance and construction have expired for 
obligation, upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated balances of 
such appropriations may be transferred into the appropriation `Foreign 
Currency Fluctuations, Construction, Defense' to be merged with and to 
be available for the same time period and for the same purposes as the 
appropriation to which transferred.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 106-52, Sec. 118, Aug. 17, 1999, 113 Stat. 264.
    Pub. L. 105-237, Sec. 118, Sept. 20, 1998, 112 Stat. 1559.
    Pub. L. 105-45, Sec. 118, Sept. 30, 1997, 111 Stat. 1147.
    Pub. L. 104-196, Sec. 118, Sept. 16, 1996, 110 Stat. 2392.
    Pub. L. 104-32, Sec. 118, Oct. 3, 1995, 109 Stat. 289.
    Pub. L. 103-307, Sec. 119, Aug. 23, 1994, 108 Stat. 1665.
    Pub. L. 103-110, Sec. 120, Oct. 21, 1993, 107 Stat. 1043.
    Pub. L. 102-380, Sec. 121, Oct. 5, 1992, 106 Stat. 1372.
    Pub. L. 102-136, Sec. 122, Oct. 25, 1991, 105 Stat. 643.

    Pub. L. 99-500, Sec. 101(k) [title I, Sec. 121], Oct. 18, 1986, 100 
Stat. 1783-287, 1783-293, and Pub. L. 99-591, Sec. 101(k) [title I, 
Sec. 121], Oct. 30, 1986, 100 Stat. 3341-287, 3341-293, as amended by 
Pub. L. 102-136, Sec. 122, Oct. 25, 1991, 105 Stat. 643, provided that: 
``For Transfer by the Secretary of Defense to and from appropriations 
and funds not merged pursuant to subsection 1552(a)(1) of title 31 of 
the United States Code and available for obligation or expenditure 
during fiscal year 1987 or thereafter, for military construction or 
expenses of family housing for the military departments and Defense 
agencies, in order to maintain the budgeted level of operations for such 
appropriations and thereby eliminate substantial gains and losses to 
such appropriations caused by fluctuations in foreign currency exchange 
rates that vary substantially from those used in preparing budget 
submissions, an appropriation, to remain available until expended: 
Provided, That funds transferred from this appropriation shall be merged 
with and be available for the same purpose, and for the same time 
period, as the appropriation or fund to which transferred, and funds 
transferred to this appropriation shall be merged with, and available 
for the purpose of this appropriation until expended: Provided further, 
That transfers may be made from time to time from this appropriation to 
the extent the Secretary of Defense determines it may be necessary to do 
so to reflect downward fluctuations in the currency exchange rates from 
those used in preparing the budget submissions for such appropriations, 
but transfers shall be made from such appropriations to this 
appropriation to reflect upward fluctuations in currency exchange rates 
to prevent substantial net gains in such appropriations: Provided 
further, That authorizations or limitations now or hereafter contained 
within appropriations or other provisions of law limiting the amounts 
that may be obligated or expended for military construction and family 
housing expenses are hereby increased to the extent necessary to reflect 
downward fluctuations in foreign currency exchange rates from those used 
in preparing the applicable budget submission: Provided further, That 
for the purposes of the appropriation `Foreign Currency Fluctuations, 
Construction, Defense' the foreign currency rates used in preparing 
budget submissions shall be the foreign currency exchange rates as 
adjusted or modified, as reflected in applicable Committee reports on 
the Acts making appropriations for military construction for the 
Department of Defense: Provided further, That the Secretary of Defense 
shall provide an annual report to the Congress on all transfers made to 
or made from this appropriation: Provided further, That contracts or 
other obligations entered into payable in foreign currencies may be 
recorded as obligations based on the currency exchange rates used in 
preparing budget submissions and adjustments to reflect fluctuations in 
such rates may be recorded as disbursements are made: Provided further, 
That, at the discretion of the Secretary of Defense, any savings 
generated in the military construction and family housing programs may 
be transferred to this appropriation.''
