USE OF PROCEEDS FROM THE TRANSFER OR DISPOSAL OF COMMISSARY STORE FACILITIES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS.

SEC. 344. USE OF PROCEEDS FROM THE TRANSFER OR DISPOSAL OF COMMISSARY 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.”. (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-105 STAT. 1345change 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.”. (b) Base Closures Under 1990 Act.— (1) Section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 104 Stat. 1815; 10 U.S.C. 2687 note) is amended— (A) in subsection (a)(2)(C), by inserting “except as provided in subsection (d),” after “(C)”; and (B) by adding at the end the following new subsection: “(d) Disposal or Transfer of Commissary Stores and Property Purchased With Nonappropriated Funds.—(1) In the case of the transfer or disposal under this part of any real property or facility that was acquired, constructed, or improved (in whole or in part) with funds described in paragraph (2), a portion of the proceeds equal to the total amount of the funds so used shall be deposited in the reserve account established under section 204(b)(4XC) of the Defense Authorization Amendments and Base Closure and Realignment Act. The Secretary may use amounts in the account (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. “(2) The funds referred to in paragraph (1) are funds received from— “(A) the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code; or “(B) a nonappropriated fund instrumentality. “(3) As used in this subsection, 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.”. (2) Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1819; 10 U.S.C. 2687 note) is amended— (A) in subsection (c)(1), by striking out “Any” in the second sentence and inserting in lieu thereof “Except as provided in subsection (d),”; and (B) by adding at the end the following new subsection: “(d) Amounts Corresponding to the Value of Property Purchased With Nonappropriated Funds.— (1) In the case of a payment referred to in subsection (c)(1) for the residual value of real property or improvements at an overseas military facility, the portion of the payment that is equal to the value of the improvements carried out with nonappropriated funds shall be deposited in the reserve account established under section 204(b)(4)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act. The Secretary may use amounts in the account (in such an aggregate amount as is provided in advance by appropriation Acts) for the purpose of acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities. “(2) As used in this subsection: 105 STAT. 1346 “(A) The term ‘nonappropriated funds’ means 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 “(ii) a nonappropriated fund instrumentality. “(B) 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.”. (c) Effective Date.—The amendments made by this section shall apply with regard to the transfer or disposal of any real property or facility pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act or the Defense Base Closure and Realignment Act of 1990 occurring on or after the date of the enactment of this Act.