Page:United States Statutes at Large Volume 110 Part 1.djvu/431

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 407 (c) CONDITIONS OF AVAILABILITY FOR TRANSFERRED FUNDS. — Section 2779 of such title, as amended by subsection (b), is further amended by adding at the end the following: " (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.". (d) REPEAL OF SUPERSEDED PROVISIONS.—(1) Section 767A of Public Law 96-527 (94 Stat. 3093) is repealed. (2) Section 791 of the Department of Defense Appropriation Act, 1983 (enacted in section 101(c) of Public Law 97-377; 96 Stat. 1865) is repealed. 10 USC 114 note. (e) TECHNICAL AMENDMENTS.— Section 2779 of title 10, United States Code, is amended— (1) in subsection (a), by striking out "(a)(1)" and inserting in lieu thereof "(a) TRANSFERS BACK TO FOREIGN CURRENCY FLUCTUATIONS APPROPRIATION.—(1)"; (2) in subsection (a)(2), by striking out "2d fiscal year" and inserting in lieu thereof "second fiscal year"; and (3) in subsection (b), by striking out "(b)(1)" and inserting in lieu thereof "(b) FUNDING FOR LOSSES IN MILITARY CONSTRUCTION AND FAMILY HOUSING.—(1)". (f) EFFECTIVE DATE. —Subsections (c) and (d) of section 2779 lo USC 2779 of title 10, United States Code, as added by subsections (a) and ^o^- (b), and the repeals made by subsection (d), shall apply only with respect to amounts appropriated for a fiscal year after fiscal year 1995. SEC. 912. DEFENSE MODERNIZATION ACCOUNT. (a) ESTABLISHMENT AND USE. —(1) Chapter 131 of title 10, United States Code, is amended by inserting after section 2215 the following new section: " (a) ESTABLISHMENT.— T here is established in the Treasury an account to be known as the 'Defense Modernization Account'. "(b) TRANSFERS TO ACCOUNT. —(1)(A) Upon a determination by the Secretary of a military department or the Secretary of Defense with respect to Defense-wide appropriations accounts of the availability and source of funds described in subparagraph (B), that Secretary may transfer to the Defense Modernization Account during any fiscal year any amount of funds available to the Secretary described in that subparagraph. Such funds may be transferred to that account only after the Secretary concerned notifies the congressional defense committees in writing of the amount and source of the proposed transfer. "(B) This subsection applies to the following funds available to the Secretary concerned: "(i) Unexpired funds in appropriations accounts that are available for procurement and that, as a result of economies, efficiencies, and other savings achieved in carrying out a particular procurement, are excess to the requirements of that procurement. "(ii) Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other sav-
 * § 2216. Defense Modernization Account

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