Sec. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
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## SEC. 2906 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT ###
(a)Establishment There is hereby established on the books of the Treasury an account to be known as the “Department of Defense Base Closure Account” which shall be administered by the Secretary as a single account. ###
(b)Credits to Account There shall be credited to the Account the following: ####
(1)Funds authorized for and appropriated to the Account. ####
(2)Funds transferred to the Account pursuant to section 2711(b) of the Military Construction Authorization Act for Fiscal Year 2013. ####
(3)Funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that funds may be transferred under the authority of this paragraph only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees. ####
(4)Proceeds received from the lease, transfer, or disposal of any property at a military installation closed or realigned under this part or the 1988 BRAC law. ###
(c)Use of Account ####
(1)Authorized purposes The Secretary may use the funds in the Account only for the following purposes: #####
(A)To carry out the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, and other environmental restoration and mitigation activities at military installations closed or realigned under this part or the 1988 BRAC law. #####
(B)To cover property management, disposal, and caretaker costs incurred at military installations closed or realigned under this part or the 1988 BRAC law. #####
(C)To cover costs associated with supervision, inspection, overhead, engineering, and design of military construction projects undertaken under this part or the 1988 BRAC law before September 30, 2013, and subsequent claims, if any, related to such activities. #####
(D)To record, adjust, and liquidate obligations properly chargeable to the following accounts: ######
(i)The Department of Defense Base Closure Account 2005 established by section 2906A of this part, as in effect on September 30, 2013. ######
(ii)The Department of Defense Base Closure Account 1990 established by this section, as in effect on September 30, 2013. ######
(iii)The Department of Defense Base Closure Account established by section 207 of the 1988 BRAC law, as in effect on September 30, 2013. #####
(E)To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to— ######
(i)whether the building or structure is radiologically impacted; or ######
(ii)whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph
(A)or CERCLA (as such term is defined in section 2700 of title 10, United States Code). ####
(2)Sole source of funds The Account shall be the sole source of Federal funds for the activities specified in paragraph
(1)at a military installation closed or realigned under this part or the 1988 BRAC law. ####
(3)Prohibition on use of account for new military construction Except as provided in paragraph (1), funds in the Account may not be used, directly or by transfer to another appropriations account, to carry out a military construction project, including a minor military construction project, under section 2905(a) or any other provision of law at a military installation closed or realigned under this part or the 1988 BRAC law. ###
(d)Disposal or Transfer of Commissary Stores and Property Purchased With Nonappropriated Funds ####
(1)Deposit of proceeds in reserve account If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this part, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the 1988 BRAC law. ####
(2)The amount so deposited under paragraph
(1)shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. ####
(3)Use of reserve funds Subject to the limitation contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving— #####
(A)commissary stores; and #####
(B)real property and facilities for nonappropriated fund instrumentalities. ###
(e)Consolidated Budget Justification Display for Account ####
(1)Consolidated budget information required The Secretary shall establish a consolidated budget justification display in support of the Account that for each fiscal year— #####
(A)details the amount and nature of credits to, and expenditures from, the Account during the preceding fiscal year; #####
(B)separately details the caretaker and environmental remediation costs associated with each military installation for which a budget request is made; #####
(C)specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and environment remediation costs associated with each military installation; #####
(D)specifies the closure or realignment recommendation, and the base closure round in which the recommendation was made, that precipitated the inclusion of the military installation; and #####
(E)details any intra-budget activity transfers within the Account that exceeded $1,000,000 during the preceding fiscal year or that are proposed for the next fiscal year and will exceed $1,000,000. ####
(2)Submission The Secretary shall include the information required by paragraph
(1)in the materials that the Secretary submits to Congress in support of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code. ###
(f)Closure of Account; Treatment of Remaining Funds ####
(1)Closure The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code, except that unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under paragraph (2). ####
(2)Final report No later than 60 days after the closure of the Account under paragraph (1), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— #####
(A)all the funds credited to and expended from the Account or otherwise expended under this part or the 1988 BRAC law; and #####
(B)any funds remaining in the Account. ###
(g)Definitions In this section: ####
(1)The term “**commissary store funds**” means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code. ####
(2)The term “**nonappropriated funds**” means funds received from a nonappropriated fund instrumentality. ####
(3)The term “**nonappropriated fund instrumentality**” means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces. ####
(4)The term “**1988 BRAC law**” means title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). **[**Section 2906A was repealed by section 2711(a) of division B of Public Law 112–239.**]** **[**Section 2907 was repealed by section 2711(c)(2) of division B of Public Law 112–239.**]**
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- Pub. L. 100-526
- Pub. L. 112-239
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Sec. 2906
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
Pub. L.Pub. L. 100-526
Pub. L.Pub. L. 112-239
Cites 3Cited by 0 across 0 sources