Page:United States Statutes at Large Volume 105 Part 2.djvu/392

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105 STAT. 1344 PUBLIC LAW 102-190-DEC. 5, 1991 (b) COVERED MILITARY INSTALLATIONS. —Subsection (a) shall apply to Naval Base, Norfolk, Virginia, and Naval Air Station, Norfolk, Virginia. (c) RECOVERY OF PROCEEDS. —The owner (or the heirs, next of kin, or legal representative of the owner) of personal property the proceeds of which are credited to a military installation under subsection (a) may file a claim with the Secretary of Defense for the amount equal to the proceeds (less costs referred to in subsection (a)(1)). Amounts to pay the claim shall be drawn from the morale, welfare, and recreation account for the installation that received the proceeds. Unless the claim is filed with the Secretary of Defense within five years after the date of the disposal of the property, the claim may not be considered by a court or the Secretary of Defense. A claim may not be filed under section 2575(b) of title 10, United States Code, in the case of property covered by this section. (d) PERIOD OF DEMONSTRATION PROJECT.— The demonstration project required by subsection (a) shall— (1) terminate at the end of the one-year period beginning on the date of the enactment of this Act; and (2) apply with respect to the disposal during that period under section 2575 of title 10, United States Code, of property found on the military installations referred to in subsection (b). (e) REPORT.— Not later than 60 days after the end of the one-year period described in subsection (d), the Secretary of Defense shall submit a report to Congress describing the results of the demonstration project required by subsection (a). SEC. 344. USE OF PROCEEDS FROM THE TRANSFER OR DISPOSAL OF COM- MISSARY STORE FACILITIES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS. (a) BASE CLOSURES UNDER 1988 ACT. —(1) Section 204(b)(4) of the Defense Authorization Amendments and Base Closure and Realignment Act (title II of Public Law 100-526; 102 Stat. 2629; 10 U.S.C. 2687 note) is amended— (A) by inserting "or (C)" after "subparagraph (B)" in subparagraph (A); and (B) by adding at the end the following new subparagraphs: "(C) In the case of the transfer or disposal under this subsection of any real property or facility that was acquired, constructed, or improved (in whole or in part) with funds described in subparagraph (D), a portion of the proceeds equal to the total amount of the funds so used shall be deposited in a reserve account established in the Treasury to be administered and used by the Secretary (in such an aggregate amount as is provided in advance in appropriation Acts) for the purpose of acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities. "(D) The funds referred to in subparagraph (C) are funds received from— "(i) the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code (or a prior law to that effect); or "(ii) a nonappropriated fund instrumentality.". 10 USC 2687 (2) Section 209 of that Act (102 Stat. 2634) is amended by adding at "****• the end the following new paragraph: "(10) 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 Ex-