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.
10 U.S. Code § 2860 - Availability of appropriations
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.”
Pub. L. 99–173, § 121(c), Dec. 10, 1985, 99 Stat. 1029, provided that:
Pub. L. 99–167, title VIII, § 812(b), Dec. 3, 1985, 99 Stat. 991, provided that:
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.
Pub. L. 109–114, title I, § 117, Nov. 30, 2005, 119 Stat. 2378, which provided that any funds made available to a military department or defense agency for the construction of military projects could 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 made available, if the funds obligated for such project: (1) were obligated from funds available for military construction projects; and (2) did not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law, was from the Military Construction, Military Quality of Life and Veterans Affairs Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 108–324, div. A, § 117, Oct. 13, 2004, 118 Stat. 1227.
Pub. L. 108–132, § 117, Nov. 22, 2003, 117 Stat. 1380.
Pub. L. 107–249, § 117, Oct. 23, 2002, 116 Stat. 1583.
Pub. L. 107–64, § 117, Nov. 5, 2001, 115 Stat. 479.
Pub. L. 106–246, div. A, § 117, July 13, 2000, 114 Stat. 516.
Pub. L. 106–52, § 117, Aug. 17, 1999, 113 Stat. 264.
Pub. L. 105–237, § 117, Sept. 20, 1998, 112 Stat. 1558.
Pub. L. 105–45, § 117, Sept. 30, 1997, 111 Stat. 1147.
Pub. L. 104–196, § 117, Sept. 16, 1996, 110 Stat. 2391.
Pub. L. 104–32, § 117, Oct. 3, 1995, 109 Stat. 289.
Pub. L. 103–307, § 118, Aug. 23, 1994, 108 Stat. 1664.
Pub. L. 103–110, § 118, Oct. 21, 1993, 107 Stat. 1043.
Pub. L. 102–380, § 119, Oct. 5, 1992, 106 Stat. 1371.
Pub. L. 102–136, § 119, Oct. 25, 1991, 105 Stat. 643.
Pub. L. 101–519, § 119, Nov. 5, 1990, 104 Stat. 2246.
Pub. L. 101–148, § 121, Nov. 10, 1989, 103 Stat. 925.
Pub. L. 100–447, § 124, Sept. 27, 1988, 102 Stat. 1835.
Pub. L. 108–132, § 118, Nov. 22, 2003, 117 Stat. 1380, which 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 would 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 could 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, was from the Military Construction Appropriations Act, 2005 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 107–249, § 118, Oct. 23, 2002, 116 Stat. 1584.
Pub. L. 107–64, § 118, Nov. 5, 2001, 115 Stat. 480.
Pub. L. 106–246, div. A, § 118, July 13, 2000, 114 Stat. 516.
Pub. L. 106–52, § 118, Aug. 17, 1999, 113 Stat. 264.
Pub. L. 105–237, § 118, Sept. 20, 1998, 112 Stat. 1559.
Pub. L. 105–45, § 118, Sept. 30, 1997, 111 Stat. 1147.
Pub. L. 104–196, § 118, Sept. 16, 1996, 110 Stat. 2392.
Pub. L. 104–32, § 118, Oct. 3, 1995, 109 Stat. 289.
Pub. L. 103–307, § 119, Aug. 23, 1994, 108 Stat. 1665.
Pub. L. 103–110, § 120, Oct. 21, 1993, 107 Stat. 1043.
Pub. L. 102–380, § 121, Oct. 5, 1992, 106 Stat. 1372.
Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643.
Pub. L. 99–500, § 101(k) [title I, § 121], Oct. 18, 1986, 100 Stat. 1783–287, 1783–293, and Pub. L. 99–591, § 101(k) [title I, § 121], Oct. 30, 1986, 100 Stat. 3341–287, 3341–293, as amended by Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643, provided that: