
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 107-107 Section 312]
[CITE: 10USC2703]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2703. Environmental restoration accounts

    (a) Establishment of Accounts.--There are hereby established in the 
Department of Defense the following accounts:
        (1) An account to be known as the ``Environmental Restoration 
    Account, Defense''.
        (2) An account to be known as the ``Environmental Restoration 
    Account, Army''.
        (3) An account to be known as the ``Environmental Restoration 
    Account, Navy''.
        (4) An account to be known as the ``Environmental Restoration 
    Account, Air Force''.
        (5) An account to be known as the ``Environmental Restoration 
    Account, Formerly Used Defense Sites''.

    (b) Obligation of Authorized Amounts.--(1) Funds authorized for 
deposit in an account under subsection (a) may be obligated or expended 
from the account only--
        (A) to carry out the environmental restoration functions of the 
    Secretary of Defense and the Secretaries of the military departments 
    under this chapter and under any other provision of law; and
        (B) to pay for the costs of permanently relocating a facility 
    because of a release or threatened release of hazardous substances, 
    pollutants, or contaminants from--
            (i) real property on which the facility is located and that 
        is currently under the jurisdiction of the Secretary of Defense 
        or the Secretary of a military department; or
            (ii) real property on which the facility is located and that 
        was under the jurisdiction of the Secretary of Defense or the 
        Secretary of a military department at the time of the actions 
        leading to the release or threatened release.

    (2) The authority provided by paragraph (1)(B) expires September 30, 
2003. The Secretary of Defense or the Secretary of a military department 
may not pay the costs of permanently relocating a facility under such 
paragraph unless the Secretary--
        (A) determines that permanent relocation--
            (i) is the most cost effective method of responding to the 
        release or threatened release of hazardous substances, 
        pollutants, or contaminants from the real property on which the 
        facility is located;
            (ii) has the approval of relevant regulatory agencies; and
            (iii) is supported by the affected community; and

        (B) submits to Congress written notice of the determination 
    before undertaking the permanent relocation of the facility, 
    including a description of the response action taken or to be taken 
    in connection with the permanent relocation and a statement of the 
    costs incurred or to be incurred in connection with the permanent 
    relocation.

    (3) If relocation costs are to be paid under paragraph (1)(B) with 
respect to a facility located on real property described in clause (ii) 
of such paragraph, the Secretary of Defense or the Secretary of the 
military department concerned may use only fund transfer mechanisms 
otherwise available to the Secretary.
    (4) Funds authorized for deposit in an account under subsection (a) 
shall remain available until expended. Not more than 5 percent of the 
funds deposited in an account under subsection (a) for a fiscal year may 
be used to pay relocation costs under paragraph (1)(B).
    (c) Budget Reports.--In proposing the budget for any fiscal year 
pursuant to section 1105 of title 31, the President shall set forth 
separately the amounts requested for environmental restoration programs 
of the Department of Defense and of each of the military departments 
under this chapter and under any other Act.
    (d) Credit of Amounts Recovered.--The following amounts shall be 
credited to the appropriate environmental restoration account:
        (1) Amounts recovered under CERCLA for response actions.
        (2) Any other amounts recovered from a contractor, insurer, 
    surety, or other person to reimburse the Department of Defense or a 
    military department for any expenditure for environmental response 
    activities.

    (e) Payments of Fines and Penalties.--None of the funds appropriated 
to the Environmental Restoration Account, Defense, for fiscal years 1995 
through 2010, or to any environmental restoration account of a military 
department for fiscal years 1997 through 2010, may be used for the 
payment of a fine or penalty (including any supplemental environmental 
project carried out as part of such penalty) imposed against the 
Department of Defense or a military department unless the act or 
omission for which the fine or penalty is imposed arises out of an 
activity funded by the environmental restoration account concerned and 
the payment of the fine or penalty has been specifically authorized by 
law.
    (f) Sole Source of Funds for Operation and Monitoring of 
Environmental Remedies.--(1) The sole source of funds for all phases of 
an environmental remedy at a site under the jurisdiction of the 
Department of Defense or a formerly used defense site shall be the 
applicable environmental restoration account established under 
subsection (a).
    (2) In this subsection, the term ``environmental remedy'' has the 
meaning given the term ``remedy'' in section 101 of CERCLA (42 U.S.C. 
9601).

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1722; amended Pub. L. 103-337, div. A, title III, Sec. 321, Oct. 
5, 1994, 108 Stat. 2710; Pub. L. 104-106, div. A, title III, Sec. 322, 
Feb. 10, 1996, 110 Stat. 252; Pub. L. 104-201, div. A, title III, 
Sec. 322(a)(1), Sept. 23, 1996, 110 Stat. 2477; Pub. L. 106-65, div. A, 
title III, Sec. 321, title X, Sec. 1066(a)(27), Oct. 5, 1999, 113 Stat. 
560, 772; Pub. L. 106-398, Sec. 1 [[div. A], title III, Secs. 311, 312], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-53, 1654A-54.)

                       References in Text

    CERCLA, referred to in subsec. (d)(1), means the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 
96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified 
principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 9601 of Title 42 and Tables.


                               Amendments

    2000--Subsec. (a)(5). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 311(a)], added par. (5).
    Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 312], amended heading and text of subsec. (b) generally. Prior to 
amendment, text read as follows: ``Funds authorized for deposit in an 
account under subsection (a) may be obligated or expended from the 
account only in order to carry out the environmental restoration 
functions of the Secretary of Defense and the Secretaries of the 
military departments under this chapter and under any other provision of 
law. Funds so authorized shall remain available until expended.''
    Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 311(b)], added subsec. (f).
    1999--Subsec. (c). Pub. L. 106-65, Sec. 1066(a)(27), struck out 
``United States Code,'' after ``title 31,''.
    Subsec. (e). Pub. L. 106-65, Sec. 321, substituted ``through 2010,'' 
for ``through 1999,'' in two places.
    1996--Pub. L. 104-201 substituted ``accounts'' for ``transfer 
account'' in section catchline and amended text generally. Prior to 
amendment, text consisted of subsecs. (a) to (f) establishing the 
Defense Environmental Restoration Account and providing for deposits 
into and withdrawals from the Account.
    Subsec. (e). Pub. L. 104-106 amended subsec. (e) generally, 
substituting
    ``(e) Amounts Recovered.--The following amounts shall be credited to 
the transfer account:
        ``(1) Amounts recovered under CERCLA for response actions of the 
    Secretary.
        ``(2) Any other amounts recovered by the Secretary or the 
    Secretary of the military department concerned from a contractor, 
    insurer, surety, or other person to reimburse the Department of 
    Defense for any expenditure for environmental response activities.'' 
    for
    ``(e) Amounts Recovered Under CERCLA.--Amounts recovered under 
section 107 of CERCLA for response actions of the Secretary shall be 
credited to the transfer account.''
    1994--Subsec. (f). Pub. L. 103-337 added subsec. (f).


                    Effective Date of 1996 Amendment

    Section 322(e) of Pub. L. 104-201 provided that: ``The amendments 
made by this section [amending this section and section 2705 of this 
title] shall take effect on the later of--
        ``(1) October 1, 1996; or
        ``(2) the date of the enactment of this Act [Sept. 23, 1996].''


                             Effective Date

    Section 211(c) of Pub. L. 99-499 provided that: ``Section 2703(a)(2) 
of title 10, United States Code, as added by subsection (a), shall apply 
with respect to funds appropriated for fiscal years beginning after 
September 30, 1986.''


         References to Defense Environmental Restoration Account

    Section 322(b) of Pub. L. 104-201 provided that: ``Any reference to 
the Defense Environmental Restoration Account in any Federal law, 
Executive Order, regulation, delegation of authority, or document shall 
be deemed to refer to the appropriate environmental restoration account 
established under section 2703(a)(1) of title 10, United States Code (as 
amended by subsection (a)(1)).''


    Unobligated Balances in Defense Environmental Restoration Account

    Section 322(d) of Pub. L. 104-201 provided that: ``Any unobligated 
balances that remain in the Defense Environmental Restoration Account 
under section 2703(a) of title 10, United States Code, as of the 
effective date specified in subsection (e) [Oct. 1, 1996] shall be 
transferred on such date to the Environmental Restoration Account, 
Defense, established under section 2703(a)(1) of title 10, United States 
Code (as amended by subsection (a)(1)).''

                  Section Referred to in Other Sections

    This section is referred to in section 2705 of this title.
