§ 2703. Environmental restoration accounts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–499 title II § 211(a)(1)(B) · 100 Stat. 1722

   Enacted · 10 U.S.C. § 2703

   Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code source credit
   Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722

2. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title III § 321 · 108 Stat. 2663

   Added · 10 U.S.C. § 2703(f)

   Pub. L. 103–337 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 103–337 added subsec. (f).

   Enacted provision · exact public law section
   SEC. 321. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION FUNDS FOR PAYMENT OF FINES AND PENALTIES. Section 2703 of title 10, United States Code, is amended by adding at the end the following new subsection: “(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 or Defense unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the transfer account.”.

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title III § 322 · 110 Stat. 186

   1. Amended · 10 U.S.C. § 2703(e)

      Pub. L. 104–106 amended subsec. (e) generally

   2. Substituted · 10 U.S.C. § 2703(e)

      Pub. L. 104–106 substituting

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT. Section 2703(e) of title 10, United States Code, is amended to read as follows: “(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.”.

4. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title III § 322(a)(1) · 110 Stat. 2422

   1. Substituted · 10 U.S.C. § 2703

      Pub. L. 104–201 substituted “accounts” for “transfer account” in section catchline

   2. Amended · 10 U.S.C. § 2703

      Pub. L. 104–201 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 2703 of title 10, United States Code, is amended to read as follows: “§ 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) President. 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.”.

5. 1999

   Pub. L. 106–65 § 1066(a)(27) · 113 Stat. 512

   Struck · 10 U.S.C. § 2703(c)

   Pub. L. 106–65, § 1066(a)(27), struck out “United States Code,” after “title 31,”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–65, § 1066(a)(27), struck out “United States Code,” after “title 31,”.

   Enacted provision · exact public law section
   (27) Section 2703(c) is amended by striking “United States Code,”.

6. 1999

   Pub. L. 106–65 § 321 · 113 Stat. 512

   Substituted · 10 U.S.C. § 2703(e)

   Pub. L. 106–65, § 321, substituted “through 2010,” for “through 1999,” in two places

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 106–65, § 321, substituted “through 2010,” for “through 1999,” in two places.

   Enacted provision · exact public law section
   SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND PENALTIES USING FUNDS IN ENVIRONMENTAL RESTORATION ACCOUNTS. Section 2703(e) of title 10, United States Code, is amended by striking “through 1999,” both places it appears and inserting “through 2010,”.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Added · 10 U.S.C. § 2703(a)(5)

   Pub. L. 106–398, § 1 [[div. A], title III, § 311(a)], added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 106–398, § 1 [[div. A], title III, § 311(a)], added par. (5).

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Amended · 10 U.S.C. § 2703(b)

   Pub. L. 106–398, § 1 [[div. A], title III, § 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title III, § 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.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Added · 10 U.S.C. § 2703(f)

   Pub. L. 106–398, § 1 [[div. A], title III, § 311(b)], added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title III, § 311(b)], added subsec. (f).

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title III § 312 · 115 Stat. 1012

    1. Added · 10 U.S.C. § 2703(b)(g)

       Pub. L. 107–107 added subsec. (b)

    2. Redesignated · 10 U.S.C. § 2703(b)(g)

       Pub. L. 107–107 redesignated former subsecs. (b) to (f) as (c) to (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (g). Pub. L. 107–107 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.

    Enacted provision · exact public law section
    SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS. Section 2703 of title 10, United States Code, is amended— (1) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; and (2) by inserting after subsection (a) the following new subsection (b): “(b) Program Elements for Ordnance Remediation.— The Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and munitions constituents within each environmental restoration account established under subsection (a). The terms ‘unexploded ordnance’, ‘discarded military munitions’, and ‘munitions constituents’ have the meanings given such terms in section 2710 of this title.”.

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 313(a)(1) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2703(c)(1)

    Pub. L. 108–136, § 313(a)(1), substituted “only 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.” for “only—

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–136, § 313(a)(1), substituted “only 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.” for “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.”

    Enacted provision · exact public law section
    (1) in paragraph (1) by striking “only—” and all that follows through the period at the end and inserting “only 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.”;

12. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 313(a)(3) · 117 Stat. 1392

    1. Redesignated · 10 U.S.C. § 2703(c)(2)

       Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2)

    2. Struck · 10 U.S.C. § 2703(c)(2)

       Pub. L. 108–136, § 313(a)(3), struck out second sentence which read as follows: “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).”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2) and struck out second sentence which read as follows: “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).”

    Enacted provision · exact public law section
    (3) by redesignating paragraph (4) as paragraph (2) and striking the second sentence of such paragraph.

13. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 313(a)(2) · 117 Stat. 1392

    Struck · 10 U.S.C. § 2703(c)(2)

    Pub. L. 108–136, § 313(a)(2), struck out par. (2) which read as follows: “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—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–136, § 313(a)(2), struck out par. (2) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (2) and (3); and

14. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 313(a)(2) · 117 Stat. 1392

    Struck · 10 U.S.C. § 2703(c)(3)

    Pub. L. 108–136, § 313(a)(2), struck out par. (3) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 108–136, § 313(a)(2), struck out par. (3) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (2) and (3); and

15. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 313(a)(3) · 117 Stat. 1392

    Redesignated · 10 U.S.C. § 2703(c)(4)

    Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2).

    Enacted provision · exact public law section
    (3) by redesignating paragraph (4) as paragraph (2) and striking the second sentence of such paragraph.

16. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title X § 1084(d)(26) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2703(b)

    Pub. L. 108–375 substituted “For purposes of the preceding sentence, the terms” for “The terms”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–375 substituted “For purposes of the preceding sentence, the terms” for “The terms”.

    Enacted provision · exact public law section
    (26) Section 2703(b) is amended by striking “The terms” at the beginning of the second sentence and inserting “For purposes of the preceding sentence, the terms”.

17. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1056(c)(7) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 2703(b)

    Pub. L. 109–163, § 1056(c)(7), substituted “In this subsection, the terms ‘discarded military munitions’ and” for “For purposes of the preceding sentence, the terms ‘unexploded ordnance’, ‘discarded military munitions’, and”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–163, § 1056(c)(7), substituted “In this subsection, the terms ‘discarded military munitions’ and” for “For purposes of the preceding sentence, the terms ‘unexploded ordnance’, ‘discarded military munitions’, and”.

    Enacted provision · exact public law section
    (7) Section 2703(b) is amended by striking “For purposes of the preceding sentence, the terms ‘unexploded ordnance’, ‘discarded military munitions’, and” and inserting “In this subsection, the terms ‘discarded military munitions’ and”.

18. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 312(b)(1) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 2703(g)(1)

    Pub. L. 109–163, § 312(b)(1), substituted “Except as provided in subsection (h), the sole source” for “The sole source”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 109–163, § 312(b)(1), substituted “Except as provided in subsection (h), the sole source” for “The sole source”.

    Enacted provision · exact public law section
    (1) in subsection (g)(1), by striking “The sole source” and inserting “Except as provided in subsection (h), the sole source”; and

19. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 312(b)(2) · 119 Stat. 3136

    Added · 10 U.S.C. § 2703(h)

    Pub. L. 109–163, § 312(b)(2), added subsec. (h)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 312(b)(2), added subsec. (h).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(h) Sole Source of Funds for Environmental Remediation at Certain Base Realignment and Closure Sites.— In the case of property disposed of pursuant to a base closure law and subject to a covenant that was required to be provided by paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the sole source of funds for services procured under subsection 2701(d)(1) of this title shall be the applicable Department of Defense base closure account. The limitation in this subsection shall expire upon the closure of the applicable base closure account.” .

20. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(23) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 2703(h)

    Pub. L. 109–364 substituted “section 2701(d)(1)” for “subsection 2701(d)(1)”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–364 substituted “section 2701(d)(1)” for “subsection 2701(d)(1)”.

    Enacted provision · exact public law section
    (23) Section 2703(h) is amended by striking “subsection” in the first sentence and inserting “section”.

21. 2013

    Military Construction Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. B title XXVII § 2711(c)(4)(B) · 126 Stat. 1632

    1. Substituted · 10 U.S.C. § 2703(h)

       Pub. L. 112–239 substituted “the Department of Defense Base Closure Account established under section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)” for “the applicable Department of Defense base closure account”

    2. Substituted · 10 U.S.C. § 2703(h)

       Pub. L. 112–239 substituted “such base closure account” for “the applicable base closure account”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–239 substituted “the Department of Defense Base Closure Account established under section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)” for “the applicable Department of Defense base closure account” and “such base closure account” for “the applicable base closure account”.

    Enacted provision · exact public law section
    (B) in section 2703(h)— (i) by striking “the applicable Department of Defense base closure account” and inserting “the Department of Defense Base Closure Account established under section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)”; and (ii) by striking “the applicable base closure account” and inserting “such base closure account”; and

    Effective date note
    Amendment by Pub. L. 112–239 effective on the later of Oct. 1, 2013, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2014 (div. J of Pub. L. 113–76, approved Jan. 17, 2014), see section 2711(d) of Pub. L. 112–239, set out as a note under section 2701 of this title.

22. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title III § 311 · 128 Stat. 3292

    Struck · 10 U.S.C. § 2703(f)

    Pub. L. 113–291 struck out “for fiscal years 1995 through 2010,” before “or to any environmental” and “for fiscal years 1997 through 2010” before “, may be used”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 113–291 struck out “for fiscal years 1995 through 2010,” before “or to any environmental” and “for fiscal years 1997 through 2010” before “, may be used”.

    Enacted provision · exact public law section
    SEC. 311. ELIMINATION OF FISCAL YEAR LIMITATION ON PROHIBITION OF PAYMENT OF FINES AND PENALTIES FROM THE ENVIRONMENTAL RESTORATION ACCOUNT, DEFENSE.   Section 2703(f) of title 10, United States Code, 10 USC 2703. is amended— (1) by striking “for fiscal years 1995 through 2010,”; and (2) by striking “for fiscal years 1997 through 2010”.

23. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title III § 312(e) · 137 Stat. 136

    Inserted · 10 U.S.C. § 2703(g)(1)

    Pub. L. 118–31 inserted “, a National Guard facility,” after “Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 118–31 inserted “, a National Guard facility,” after “Department of Defense”.

    Enacted provision · exact public law section
    (e) Environmental Restoration Accounts.— Section 2703(g)(1) of such title is amended by inserting “, a National Guard facility,” after “Department of Defense”.

27 of 28 references resolved to an enrolled provision · 1 unresolved