
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: 10USC2490a]

 
                         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. 2490a. Combined exchange and commissary stores

    (a) Authority.--The Secretary of Defense may authorize a 
nonappropriated fund instrumentality to operate a military exchange and 
a commissary store as a combined exchange and commissary store on a 
military installation.
    (b) Limitations.--(1) Not more than ten combined exchange and 
commissary stores may be operated pursuant to this section.
    (2) The Secretary may select a military installation for the 
operation of a combined exchange and commissary store under this section 
only if--
        (A) the installation is to be closed, or has been or is to be 
    realigned, under a base closure law; or
        (B) a military exchange and a commissary store are operated at 
    the installation by separate entities at the time of, or immediately 
    before, such selection and it is not economically feasible to 
    continue that separate operation.

    (c) Operation at Carswell Field.--Combined exchange and commissary 
stores operated under this section shall include the combined exchange 
and commissary store that is operated at the Naval Air Station Fort 
Worth, Joint Reserve Center, Carswell Field, Texas, under the authority 
provided in section 375 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2736).
    (d) Adjustments and Surcharges.--Adjustments to, and surcharges on, 
the sales price of a grocery food item sold in a combined exchange and 
commissary store under this section shall be provided for in accordance 
with the same laws that govern such adjustments and surcharges for items 
sold in a commissary store of the Defense Commissary Agency.
    (e) Use of Appropriated Funds.--(1) If a nonappropriated fund 
instrumentality incurs a loss in operating a combined exchange and 
commissary store at a military installation under this section as a 
result of the requirement set forth in subsection (d), the Secretary may 
authorize a transfer of funds available for the Defense Commissary 
Agency to the nonappropriated fund instrumentality to offset the loss.
    (2) The total amount of appropriated funds transferred during a 
fiscal year to support the operation of a combined exchange and 
commissary store at a military installation under this section may not 
exceed an amount that is equal to 25 percent of the amount of 
appropriated funds that was provided for the operation of the commissary 
store of the Defense Commissary Agency on that installation during the 
last full fiscal year of operation of that commissary store.
    (f) Definitions.--In this section:
        (1) The term ``nonappropriated fund instrumentality'' means the 
    Army and Air Force Exchange Service, Navy Exchange Service Command, 
    Marine Corps exchanges, or any other instrumentality of the United 
    States under the jurisdiction of the Armed Forces which is conducted 
    for the comfort, pleasure, contentment, or physical or mental 
    improvement of members of the Armed Forces.
        (2) The term ``base closure law'' has the meaning given such 
    term by section 2667(h) of this title.

(Added Pub. L. 104-106, div. A, title III, Sec. 336(a)(1), Feb. 10, 
1996, 110 Stat. 263; amended Pub. L. 105-85, div. A, title X, 
Sec. 1061(d), Nov. 18, 1997, 111 Stat. 1891.)

                       References in Text

    Section 375 of the National Defense Authorization Act for Fiscal 
Year 1995, referred to in subsec. (c), is section 375 of Pub. L. 103-
337, div. A, title III, Oct. 5, 1994, 108 Stat. 2736, as amended, which 
is not classified to the Code.


                               Amendments

    1997--Subsec. (f)(2). Pub. L. 105-85 substituted ``section 2667(h)'' 
for ``section 2667(g)''.


                            Prior Provisions

    A prior section 2490a was renumbered section 2783 of this title.
