
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2486]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND 
                          RECREATION ACTIVITIES
 
Sec. 2486. Commissary stores: merchandise that may be sold; 
        uniform surcharges and pricing
        
    (a) In General.--Commissary stores are similar to commercial grocery 
stores and may sell merchandise similar to that sold in commercial 
grocery stores.
    (b) Authorized Commissary Merchandise Categories.--Merchandise sold 
in, at, or by commissary stores may include items only in the following 
categories:
        (1) Health and beauty aids.
        (2) Meat and poultry.
        (3) Fish and seafood.
        (4) Produce.
        (5) Food and non-food grocery items.
        (6) Bakery goods.
        (7) Dairy products.
        (8) Tobacco products.
        (9) Delicatessen items.
        (10) Frozen foods.
        (11) Magazines and other periodicals.
        (12) Such other merchandise categories as the Secretary of 
    Defense may prescribe, except that the Secretary shall submit to 
    Congress, not later than March 1 of each year, a report describing--
            (A) any addition of, or change in, a merchandise category 
        proposed to be made under this paragraph during the one-year 
        period beginning on that date; and
            (B) those additions and changes in merchandise categories 
        actually made during the preceding one-year period.

    (c) Uniform Sales Price Surcharge or Adjustment.--An adjustment of 
or surcharge on sales prices in commissary stores under subsection (d) 
or section 2685(a) of this title or for any other purpose shall be 
applied as a uniform percentage of the sales price of all merchandise 
sold in, at, or by commissary stores. Effective on November 18, 1997, 
the uniform percentage shall be equal to five percent and may not be 
changed except by a law enacted after such date.
    (d) Sales Price Establishment.--(1) The Secretary of Defense shall 
establish the sales price of each item of merchandise sold in, at, or by 
commissary stores at the level that will recoup the actual product cost 
of the item (consistent with this section and section 2685 of this 
title).
    (2) Any change in the pricing policies for merchandise sold in, at, 
or by commissary stores shall not take effect until the Secretary of 
Defense submits written notice of the proposed change to Congress and a 
period of 90 days of continuous session of Congress expires following 
the date on which notice was received. For purposes of this paragraph, 
the continuity of a session of Congress is broken only by an adjournment 
of the Congress sine die, and the days on which either House is not in 
session because of an adjournment or recess of more than three days to a 
day certain are excluded in a computation of such 90-day period.
    (3) The sales price of merchandise and services sold in, at, or by 
commissary stores shall be adjusted to cover the following:
        (A) The cost of first destination commercial transportation of 
    the merchandise in the United States to the place of sale.
        (B) The actual or estimated cost of shrinkage, spoilage, and 
    pilferage of merchandise under the control of commissary stores.

    (e) Special Rule for Brand-Name Commercial Items.--The Secretary of 
Defense may not use the exception provided in section 2304(c)(5) of this 
title regarding the procurement of a brand-name commercial item for 
resale in, at, or by commissary stores unless the commercial item is 
regularly sold outside of commissary stores under the same brand name as 
the name by which the commercial item will be sold in, at, or by 
commissary stores. In determining whether a brand name commercial item 
is regularly sold outside of commissary stores, the Secretary shall 
consider only sales of the item on a regional or national basis by 
commercial grocery or other retail operations consisting of multiple 
stores.
    (f) Special Rules for Certain Merchandise.--Notwithstanding the 
general requirement that merchandise sold in, at, or by commissary 
stores be commissary store inventory, the Secretary of Defense may 
authorize the sale of tobacco products as noncommissary store inventory. 
Subsections (c) and (d) shall not apply to the pricing of such 
merchandise items.
    (g) Collection of Dishonored Checks.--(1) The Secretary of Defense 
may impose a charge for the collection of a check accepted at a 
commissary store that is not honored by the financial institution on 
which the check is drawn. The imposition and amounts of charges shall be 
consistent with practices of commercial grocery stores regarding 
dishonored checks.
    (2)(A) The following persons are liable to the United States for the 
amount of a check referred to in paragraph (1) that is returned unpaid 
to the United States, together with any charge imposed under that 
paragraph:
        (i) The person who presented the check.
        (ii) Any person whose status and relationship to the person who 
    presented the check provide the basis for that person's eligibility 
    to make purchases at a commissary store.

    (B) Any amount for which a person is liable under subparagraph (A) 
may be collected by deducting and withholding such amount from any 
amounts payable to that person by the United States.
    (3) Amounts collected as charges imposed under paragraph (1) shall 
be credited to the commissary trust revolving fund.
    (4) Appropriated funds may be used to pay any costs incurred in the 
collection of checks and charges referred to in paragraph (1). An 
appropriation account charged a cost under the preceding sentence shall 
be reimbursed the amount of that cost out of funds in the commissary 
trust revolving fund.
    (5) In this subsection, the term ``commissary trust revolving fund'' 
means the trust revolving fund maintained by the Department of Defense 
for surcharge collections and proceeds of sales of commissary stores.

(Added Pub. L. 99-661, div. A, title III, Sec. 313(a), Nov. 14, 1986, 
100 Stat. 3852; amended Pub. L. 100-180, div. A, title III, 
Sec. 313(a)(1), (2), Dec. 4, 1987, 101 Stat. 1073, 1074; Pub. L. 104-
201, div. A, title III, Sec. 342(a), Sept. 23, 1996, 110 Stat. 2489; 
Pub. L. 105-85, div. A, title III, Secs. 372(a)-(e), 373, Nov. 18, 1997, 
111 Stat. 1706, 1707; Pub. L. 105-261, div. A, title III, Sec. 364, Oct. 
17, 1998, 112 Stat. 1986; Pub. L. 106-65, div. A, title X, 
Sec. 1066(a)(21), Oct. 5, 1999, 113 Stat. 771; Pub. L. 106-398, Sec. 1 
[[div. A], title III, Secs. 332(a), 334], Oct. 30, 2000, 114 Stat. 1654, 
1654A-59, 1654A-60.)


                               Amendments

    2000--Subsec. (b)(11), (12). Pub. L. 106-398, Sec. 1 [[div. A], 
title III, Sec. 334(a)], added par. (11) and redesignated former par. 
(11) as (12).
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 332(a)(1)], substituted ``subsection (d) or section'' for ``section 
2484(b) or''.
    Subsec. (d)(1). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 332(a)(2)(A)], substituted ``section 2685'' for ``sections 2484 and 
2685''.
    Subsec. (d)(3). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 332(a)(2)(B)], added par. (3).
    Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 334(b)], struck out ``(1)'' before ``Notwithstanding'', substituted 
``tobacco products'' for ``items in the merchandise categories specified 
in paragraph (2)'', and struck out par. (2) which read as follows: ``The 
merchandise categories referred to in paragraph (1) are as follows:
        ``(A) Magazines and other periodicals.
        ``(B) Tobacco products.''
    1999--Subsec. (c). Pub. L. 106-65 substituted ``November 18, 1997,'' 
for ``the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1998,'' in second sentence.
    1998--Subsec. (g). Pub. L. 105-261 added subsec. (g).
    1997--Subsec. (a). Pub. L. 105-85, Sec. 372(e)(1), inserted heading.
    Subsec. (b). Pub. L. 105-85, Sec. 372(a)(1), inserted heading and 
substituted ``Merchandise sold in, at, or by commissary stores may 
include items only in the following categories:'' for ``Merchandise sold 
in commissary stores may include items in the following categories:'' in 
introductory provisions.
    Subsec. (b)(11). Pub. L. 105-85, Sec. 372(a)(2), amended par. (11) 
generally. Prior to amendment, par. (11) read as follows: ``Other 
categories designated in regulations prescribed by the Secretary of a 
military department and approved by the Secretary of Defense.''
    Subsec. (c). Pub. L. 105-85, Sec. 372(b), inserted heading, 
substituted ``in, at, or by commissary stores.'' for ``in commissary 
stores.'', and inserted at end ``Effective on the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1998, the 
uniform percentage shall be equal to five percent and may not be changed 
except by a law enacted after such date.''
    Subsec. (d). Pub. L. 105-85, Sec. 372(c), inserted heading and 
amended text generally. Prior to amendment, text read as follows: ``The 
Secretary of Defense shall prescribe regulations establishing uniform 
pricing policies for merchandise authorized for sale by this section. 
The policies in the regulations shall--
        ``(1) require the establishment of a sales price of each item of 
    merchandise at a level which will recoup the actual product cost of 
    the item (consistent with this section and sections 2484 and 2685 of 
    this title); and
        ``(2) promote the lowest practical price of merchandise sold at 
    commissary stores.''
    Subsec. (e). Pub. L. 105-85, Sec. 373, inserted at end ``In 
determining whether a brand name commercial item is regularly sold 
outside of commissary stores, the Secretary shall consider only sales of 
the item on a regional or national basis by commercial grocery or other 
retail operations consisting of multiple stores.''
    Pub. L. 105-85, Sec. 372(e)(2), inserted heading and substituted 
``in, at, or by commissary stores'' for ``in commissary stores'' in two 
places.
    Subsec. (f). Pub. L. 105-85, Sec. 372(d), added subsec. (f).
    1996--Subsec. (e). Pub. L. 104-201 added subsec. (e).
    1987--Pub. L. 100-180, Sec. 313(a)(2), inserted ``and pricing'' in 
section catchline.
    Subsec. (d). Pub. L. 100-180, Sec. 313(a)(1), added subsec. (d).


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 332(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-60, provided that: ``The amendments made by 
this section [amending this section] shall take effect on October 1, 
2001.''


                               Regulations

    Section 313(b) of Pub. L. 100-180 required Secretary of Defense to 
prescribe regulations required by subsec. (d) of this section not later 
than 90 days after Dec. 4, 1987.


                            Savings Provision

    Section 342(b) of Pub. L. 104-201 provided that: ``Section 2486(e) 
of title 10, United States Code, as added by subsection (a), shall not 
affect the terms, conditions, or duration of any contract or other 
agreement entered into by the Secretary of Defense before the date of 
the enactment of this Act [Sept. 23, 1996] for the procurement of 
commercial items for resale in commissary stores.''


                    Report on Merchandise Categories

    Section 372(f) of Pub. L. 105-85 provided that: ``Not later than 30 
days after the date of the enactment of this Act [Nov. 18, 1997], the 
Secretary of Defense shall submit to Congress a report specifying the 
merchandise categories authorized for sale sold in, at, or by commissary 
stores pursuant to regulations prescribed under subsection (b)(11) of 
section 2486 of title 10, United States Code, as in effect before such 
date.''
