§2703. Environmental restoration transfer account

(a) Establishment of Transfer Account.-

(1) Establishment.-There is hereby established in the Department of Defense an account to be known as the "Defense Environmental Restoration Account" (hereinafter in this section referred to as the "transfer account"). All sums appropriated to carry out the functions of the Secretary of Defense relating to environmental restoration under this chapter or any other provision of law shall be appropriated to the transfer account.

(2) Requirement of authorization of appropriations.-No funds may be appropriated to the transfer account unless such sums have been specifically authorized by law.

(3) Availability of funds in transfer account.-Amounts appropriated to the transfer account shall remain available until transferred under subsection (b).

(b) Authority To Transfer to Other DOD Accounts.-Amounts in the transfer account shall be available to be transferred by the Secretary to any appropriation account or fund of the Department for obligation from that account or fund. Funds so transferred shall be merged with and available for the same purposes and for the same period as the account or fund to which transferred.

(c) Obligation of Transferred Amounts.-Funds transferred under subsection (b) may only be obligated or expended from the account or fund to which transferred in order to carry out the functions of the Secretary under this chapter or environmental restoration functions under any other provision of law.

(d) Budget Reports.-In proposing the Budget for any fiscal year pursuant to section 1105 of title 31, the President shall set forth separately the amount requested for environmental restoration programs of the Department of Defense under this chapter or any other Act.

(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.

(f) Payment of Fines and Penalties.-None of the funds appropriated to the transfer account for fiscal years 1995 through 1999 may be used for the payment of a fine or penalty imposed against the Department of Defense unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the transfer account.

(Added Pub. L. 99–499, title II, §211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722 ; amended Pub. L. 103–337, div. A, title III, §321, Oct. 5, 1994, 108 Stat. 2710 .)

References in Text

Section 107 of CERCLA, referred to in subsec. (e), is classified to section 9607 of Title 42, The Public Health and Welfare.

Amendments

1994-Subsec. (f). Pub. L. 103–337 added subsec. (f).

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."

Section Referred to in Other Sections

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