Page:United States Statutes at Large Volume 124.djvu/4222

 124 STAT. 4196 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(A) a warrant issued by the district court of the United States for the district in which the property is located, or for the district in which the person in possession of the property resides or is subject to service; or ‘‘(B) pursuant to an order by such court, issued after a determination of improper transfer under subsection (e); and ‘‘(2) after such a court has issued such a warrant or order. ‘‘(d) INAPPLICABILITY TO CERTAIN PROPERTY.—Subsections (b) and (c) shall not apply to— ‘‘(1) property on public display by public or private collectors or museums in secured exhibits; or ‘‘(2) property in the collection of any museum or veterans organization or held in a private collection for the purpose of public display, provided that any such property, the posses- sion of which could undermine national security or create a hazard to public health or safety, has been fully demilitarized. ‘‘(e) DETERMINATIONS OF VIOLATIONS.—(1) The district court of the United States for the district in which the property is located, or the district in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of the current approximated or estimated value of the property, to determine whether property was disposed of in violation of sub- section (a). Any such determination shall be by a preponderance of the evidence. ‘‘(2) Except as provided in paragraph (3), in the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under para- graph (1) may be made after the seizure of the property, as long as the United States files an action seeking such determination within 90 days after seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the market value for the property. ‘‘(3) Paragraph (2) shall not apply to any firearm, ammunition, or ammunition component, or firearm part or accessory that is not prohibited for commercial sale. ‘‘(f) DELIVERY OF SEIZED PROPERTY.—Any law enforcement offi- cial who seizes property under subsection (c) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice. ‘‘(g) SCOPE OF ENFORCEMENT.—This section shall apply to the following: ‘‘(1) Any military or Department of Defense property dis- posed of on or after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such property. ‘‘(2) Any significant military equipment disposed of on or after January 1, 2002, in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such significant military equipment. Deadline.