Sec. 165. ### (a)
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## SEC. 165 ###
(a)Notwithstanding sections 101 and 106 of this Act, for the duration of fiscal year 2022, amounts made available in fiscal year 2022 to the Department of Defense under the heading “Operation and Maintenance”, other than amounts designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O’ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $85,250,000: *Provided*, That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ###
(b)In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $250,000,000, for an additional amount for fiscal year 2022, for necessary expenses to address drinking water contamination at the Red Hill Bulk Fuel Storage Facility in Hawaii, for the accounts and in the amounts specified: “Military Personnel, Army”, $33,263,000, to remain available until September 30, 2022; “Military Personnel, Navy”, $91,327,000, to remain available until September 30, 2022; “Military Personnel, Marine Corps”, $5,206,000, to remain available until September 30, 2022; “Military Personnel, Air Force”, $27,564,000, to remain available until September 30, 2022; “Operation and Maintenance, Army”, $22,640,000, to remain available until September 30, 2022; and “Operation and Maintenance, Navy”, $70,000,000, to remain available until September 30, 2022. ###
(c)In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $100,000,000, for an additional amount for fiscal year 2022, to remain available until expended, for transfer only to accounts under the headings “Operation and Maintenance”, “Procurement”, “Research, Development, Test and Evaluation”, and “Defense Working Capital Funds”, for the Secretary of Defense to conduct activities in compliance with the State of Hawaii Department of Health Order 21‑UST‑EA‑02, signed December 6, 2021, related to the removal of fuel from and improvement of infrastructure at the Red Hill Bulk Fuel Storage Facility: *Provided*, That the transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense: *Provided further*, That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department’s own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: *Provided further*, That not less than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: *Provided further*, That not later than 60 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2023, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection.
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