123STA T . 1 97PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 apriv a tes a l e , i n ana mou ntnottoe xc ee d t h edi f- ference b et w een —‘ ‘ (I)95 per centum of prior fair mar k et value of their propert y (as such value is determined by the S ecretary of D efense)
and ‘‘(II) the fair market value of such property (as such value is determined by the Secretary of Defense) at the time of sale; or ‘‘(ii) to receive, as purchase price for their property an amount not to exceed 9 0 per centum of prior fair market value as such value is determined by the Sec- retary of Defense, or the amount of the outstandin g mortgages . ‘‘( B )D ET E RMINA TI O NO FB ENEFIT S .— T he Secretary may also pay a person who elects to receive a cash payment under subparagraph ( A ) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the U nited States. ‘‘( 3 ) H OMEO W NER ASSISTAN C E FOR P ERMANENT LY REASSI G NE D INDI V ID U ALS.— ‘‘(A) IN GENERAL.— P ersons eligible under the criteria set forth in subsection (a)(3) may elect either— ‘‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the dif- ference between— ‘‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and ‘‘(II) the fair market value of such property (as such value is determined by the Secretary of Defense) at the time of sale; or ‘‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Sec- retary of Defense, or the amount of the outstanding mortgages. ‘‘(B) DETERMINATION OF BENEFITS.—The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States. ‘‘( 4 ) C OMPENSATION AND LIMITATIONS RELATED TO FORE- CLOSURES AND ENCUMBRANCES.—Cash payment ’ ’; (4) by striking subsection (g); (5) in subsection (l), by striking ‘‘(a)( 2 )’’ and inserting ‘‘(a)( 1 )(A)(ii)’’; ( 6 ) in subsection (m), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; ( 7 ) in subsection (n)— (A) in paragraph (1), by striking ‘‘this section’’ and inserting ‘‘subsection (a)(1)’’; and
