Page:United States Statutes at Large Volume 123.djvu/216

This page needs to be proofread.

123STA T . 1 96PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (B)tha tth eown e risp er m anent ly reassi g ne db y order o f the U nited S tates G o v ernment to a d u ty station or home port outside a 50- mile radius of the base or installa- tion

‘‘( C ) that the reassignment was ordered between F eb- ruary 1,2 00 6 , and September 3 0, 2012, or an earlier end date designated by the Se c retary; ‘‘( D ) that the property was purchased by the owner before J uly 1, 2006; ‘‘( E ) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; ‘‘(F) that the property is the primary residence of the owner; and ‘‘(G) that the owner has not previously received benefit payments authori z ed under this subsection .’ ’; (2) in subsection (b), by stri k ing ‘‘this section’’ each place it appears and inserting ‘‘subsection (a)(1)’’; (3) in subsection (c) — ( A ) by striking ‘‘Such persons’’ and inserting the fol- lowing

‘‘(1) HOME O WN E RAS S I S T AN C ERE L ATE D TO CLOSED MILITAR Y INSTALLATIONS.— ‘‘(A) I N G ENERAL.—Such persons’’; (B) by striking ‘‘set forth above shall elect either (1) to receive’’ and inserting the following: ‘‘set forth in sub- section (a)(1) shall elect either— ‘‘(i) to receive’’; (C) by striking ‘‘difference between (A) 9 5 per centum’’ and all that follows through ‘‘(B) the fair market value’’ and inserting the following: ‘‘difference between— ‘‘(I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announce- ment of intention to close all or part of the military base or installation; and ‘‘(II) the fair market value’’; (D) by striking ‘‘time of the sale, or (2) to receive’’ and inserting the following: ‘‘time of the sale; or ‘‘(ii) to receive’’; (E) by striking ‘‘outstanding mortgages. T he Secretary may also pay a person who elects to receive a cash payment under clause (1) of the preceding sentence an amount’’ and inserting ‘‘outstanding mortgages. ‘‘(B) R EIM BU RSEMENT O F E XP ENSES.—The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount’’; and (F) by striking ‘‘best interest of the Federal Govern- ment. Cash payment’’ and inserting the following: ‘‘best interest of the United States. ‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDI V IDUALS AND T H EIR SPOUSES.— ‘‘(A) IN GENERAL.— P ersons eligible under the criteria set forth in subsection (a)(2) may elect either— ‘‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in