110 STAT. 2478
PUBLIC LAW 104-201—SEPT. 23, 1996
President.
10 USC 2703
note.
^§ 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'.
"(b) OBLIGATION OF AUTHORIZED AMOUNTS.— 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.
"(c) BUDGET REPORTS. —In proposing the budget for any fiscal
year pursuant to section 1105 of title 31, United States Code,
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 1999, or to any environmental restoration account of a military department for fiscal years 1997 through
1999, 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.".
(2) The table of sections at the beginning of chapter 160 of
title 10, United States Code, is amended by striking out the item
relating to section 2703 and inserting in lieu thereof the following
new item:
"2703. Environmental restoration accounts.".
(b) REFERENCES. —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)).
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