
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: 10USC2685]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2685. Adjustment of or surcharge on selling prices in 
        commissary stores to provide funds for construction and 
        improvement of commissary store facilities
        
    (a) Adjustment or Surcharge Authorized.--Notwithstanding any other 
provision of law, the Secretary of Defense may, for the purposes of this 
section, provide for an adjustment of, or surcharge on, sales prices of 
goods and services sold in commissary store facilities.
    (b) Use for Construction, Repair, Improvement, and Maintenance.--(1) 
The Secretary of Defense may use the proceeds from the adjustments or 
surcharges authorized by subsection (a) only--
        (A) to acquire (including acquisition by lease), construct, 
    convert, expand, improve, repair, maintain, and equip the physical 
    infrastructure of commissary stores and central product processing 
    facilities of the defense commissary system; and
        (B) to cover environmental evaluation and construction costs 
    related to activities described in paragraph (1), including costs 
    for surveys, administration, overhead, planning, and design.

    (2) In paragraph (1), the term ``physical infrastructure'' includes 
real property, utilities, and equipment (installed and free standing and 
including computer equipment), necessary to provide a complete and 
usable commissary store or central product processing facility.
    (c) Advance Obligation.--The Secretary of Defense, with the approval 
of the Director of the Office of Management and Budget, may obligate 
anticipated proceeds from the adjustments or surcharges authorized by 
subsection (a) for any use specified in subsection (b) or (d), without 
regard to fiscal year limitations, if the Secretary determines that such 
obligation is necessary to carry out any use of such adjustments or 
surcharges specified in subsection (b) or (d).
    (d) Cooperation With Nonappropriated Fund Instrumentalities.--(1) 
The Secretary of Defense may authorize a nonappropriated fund 
instrumentality of the United States to enter into a contract for 
construction of a shopping mall or similar facility for a commissary 
store and one or more nonappropriated fund instrumentality activities. 
The Secretary may use the proceeds of adjustments or surcharges 
authorized by subsection (a) to reimburse the nonappropriated fund 
instrumentality for the portion of the cost of the contract that is 
attributable to construction of the commissary store or to pay the 
contractor directly for that portion of such cost.
    (2) In paragraph (1), the term ``construction'', with respect to a 
facility, includes acquisition, conversion, expansion, installation, or 
other improvement of the facility.
    (e) Other Sources of Funds for Construction and Improvements.--
Revenues received by the Secretary of Defense from the following sources 
or activities of commissary store facilities shall be available for the 
purposes set forth in subsections (b), (c), and (d):
        (1) Sale of recyclable materials.
        (2) Sale of excess and surplus property.
        (3) License fees.
        (4) Royalties.
        (5) Fees paid by sources of products in order to obtain 
    favorable display of the products for resale, known as business 
    related management fees.

(Added Pub. L. 93-552, title VI, Sec. 611, Dec. 27, 1974, 88 Stat. 1765; 
amended Pub. L. 95-82, title VI, Sec. 614, Aug. 1, 1977, 91 Stat. 380; 
Pub. L. 97-321, title VIII, Sec. 804, Oct. 15, 1982, 96 Stat. 1572; Pub. 
L. 103-337, div. B, title XXVIII, Sec. 2851, Oct. 5, 1994, 108 Stat. 
3072; Pub. L. 105-85, div. A, title III, Sec. 374, Nov. 18, 1997, 111 
Stat. 1707; Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 333(a), 
(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-60.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 333(b)(1)], substituted ``Secretary of Defense'' for ``Secretary of 
a military department, under regulations established by him and approved 
by the Secretary of Defense,''.
    Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 333(a)], amended heading and text of subsec. (b) generally. Prior 
to amendment, text read as follows: ``The Secretary of a military 
department, under regulations established by him and approved by the 
Secretary of Defense, may use the proceeds from the adjustments or 
surcharges authorized by subsection (a) to acquire, construct, convert, 
expand, install, or otherwise improve commissary store facilities at 
defense installations and for related environmental evaluation and 
construction costs, including surveys, administration, overhead, 
planning, and design.''
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 333(b)(2)], substituted ``Secretary of Defense, with the approval 
of'' for ``Secretary of a military department, with the approval of the 
Secretary of Defense and'' and ``Secretary determines'' for ``Secretary 
of the military department determines''.
    Subsec. (d)(1). Pub. L. 106-398, Sec. 1 [[div. A], title III, 
Sec. 333(b)(3)], substituted ``Secretary of Defense'' for ``Secretary of 
a military department''.
    1997--Subsecs. (a) to (d). Pub. L. 105-85, Sec. 374(b), inserted 
subsec. headings.
    Subsec. (e). Pub. L. 105-85, Sec. 374(a), added subsec. (e).
    1994--Subsec. (c). Pub. L. 103-337, Sec. 2851(b), inserted ``or 
(d)'' after ``subsection (b)'' in two places.
    Subsec. (d). Pub. L. 103-337, Sec. 2851(a), added subsec. (d).
    1982--Subsec. (c). Pub. L. 97-321 added subsec. (c).
    1977--Subsec. (b). Pub. L. 95-82 struck out ``within the United 
States'' after ``defense installations''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 333(c)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-60, provided that: ``The amendment made by 
subsection (a) [amending this section] shall take effect on October 1, 
2001.''

                  Section Referred to in Other Sections

    This section is referred to in section 2486 of this title.
