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10 U.S.C. § 2685 — Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-2685-adjustment-of-or-surcharge-on-selling-prices-in-commissary-stores-to-pro--13010cfc0d.md
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Source location: Title 10, Chapter 159, § 2685; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** As provided in [section 2481(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2481/a&num=0&edition=prelim), commissary stores are intended to be 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 in the following categories:
(1) Meat, poultry, seafood, and fresh-water fish.
(2) Nonalcoholic beverages.
(3) Produce.
(4) Grocery food, whether stored chilled, frozen, or at room temperature.
(5) Dairy products.
(6) Bakery and delicatessen items.
(7) Nonfood grocery items.
(8) Tobacco products.
(9) Health and beauty aids.
(10) Magazines and periodicals.
**(c) Inclusion of Other Merchandise Items.—**
(1) The Secretary of Defense may authorize the sale in, at, or by commissary stores of merchandise not covered by a category specified in subsection (b). The Secretary shall notify Congress of all merchandise authorized for sale pursuant to this paragraph, as well as the removal of any such authorization.
(2) Notwithstanding paragraph (1), the Department of Defense military resale system shall continue to maintain the exclusive right to operate convenience stores, shopettes, and troop stores, including such stores established to support contingency operations.
(3)
(A) A military exchange shall be the vendor for the sale of tobacco products in commissary stores and may be the vendor for such merchandise as may be authorized for sale in commissary stores under paragraph (1). Except as provided in subparagraph (B), subsections (d) and (e) shall not apply to the pricing of such an item when a military exchange serves as t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2484
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
**(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification—
(A) an evaluation of the fiscal, local economic, budgetary, environme
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Report on Status of Overseas Closures and Realignments and Overseas Military Locations.—**
(1) At the same time that the budget is submitted under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—
(A) the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and
(B) the status of overseas military locations, whether such a location is designated as an enduring location or contingency location.
(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following:
(A) A list of overseas military locations. For any overseas military location established during the previous fiscal year, the reasons for the establishment of the overseas military location.
(B) A description of the strategic goal and operational requirements supported by each overseas military location.
(C) A list of each construction or facility improvement project carried out by the Department of Defense regardless of the funding source, and each construction or facility improvement project accepted as a payment-in-kind, at overseas military locations during the previous fiscal year if the construction or facility improvement project was not specifically authorized in a Military Construction Authorization Act or congressional notice of the construction or facility improvement project was not provided by another means. Each construction or
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2094
TITLE 10—ARMED FORCES
§ 2685
Subsec.
(d)(1).
Pub.
L.
109–163,
§ 2822(a)(2)(A)(i),
(b)(1)(A), inserted ‘‘or entities’’ after ‘‘eligible entity’’
and substituted ‘‘shall provide’’ for ‘‘may provide’’ in
introductory provisions.
Subsec. (d)(1)(A). Pub. L. 109–163, § 2822(a)(2)(A)(ii), in-
serted ‘‘or entities’’ after ‘‘the entity’’.
Subsec. (d)(1)(B). Pub. L. 109–163, § 2822(b)(1)(B), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘the sharing by the United States and
the entity of the acquisition costs.’’
Subsec. (d)(3). Pub. L. 109–364 added subpar. (B), redes-
ignated former subpars. (B) and (C) as (C) and (D), re-
spectively, and in subpar. (C) substituted ‘‘under sub-
paragraph (A), either through the contribution of funds
or excess real property, or both,’’ for ‘‘in the sharing of
acquisition costs of real property, or an interest in real
property, under paragraph (1)(B)’’.
Pub. L. 109–163, § 2822(b)(3), added par. (3). Former par.
(3) redesignated (4).
Pub. L. 109–163, § 2822(a)(2)(B), inserted ‘‘or entities’’
after ‘‘the entity’’.
Subsec. (d)(4) to (6). Pub. L. 109–163, § 2822(b)(2), redes-
ignated pars. (3) to (5) as (4) to (6), respectively.
Subsecs. (g) to (i). Pub. L. 109–163, § 2822(c), added sub-
sec. (g) and redesignated former subsecs. (g) and (h) as
(h) and (i), respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title III, § 312(b)(3), Jan. 1, 2021,
134 Stat. 3513, provided that: ‘‘The amendments made
by paragraphs (1) and (2) [amending this section] shall
apply to any agreement entered into under section
2684a of title 10, United States Code, on or after Decem-
ber 2, 2002.’’
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2685
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