10 U.S.C. § 2484 — Commissary stores: merchandise that may

Page 1964 TITLE 10—ARMED FORCES § 2484 subsecs. (a) to (d) providing that funds available to the Department of Defense could be used to pay for certain costs in connection with the operation of commissary stores only on a reimbursable basis and allowed trans- portation and utilities to be furnished for the operation of those stores outside of the United States or in Alas- ka and Hawaii. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title III, § 331(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–59, provided that: ‘‘The amendments made by this section [amending this sec- tion] shall take effect on October 1, 2001.’’ EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. § 2484. Commissary stores: merchandise that may be sold; uniform surcharges and pricing (a) IN GENERAL.—As provided in section 2481(a) of this title, 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 fol- lowing categories: (1) Meat, poultry, seafood, and fresh-water fish. (2) Nonalcoholic beverages. (3) Produce. (4) Grocery food, whether stored chilled, fro- zen, 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 merchan- dise not covered by a category specified in sub- section (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 Depart- ment of Defense military resale system shall continue to maintain the exclusive right to op- erate convenience stores, shopettes, and troop stores, including such stores established to sup- port 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 merchan- dise as may be authorized for sale in com- missary 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 the vendor of the item. Commissary store and ex- change prices shall be comparable for such an item. (B) When a military exchange is the vendor of tobacco products or other merchandise author- ized for sale in a commissary store under para- graph (1), any revenue above the cost of pro- curing the merchandise shall be allocated as if the revenue were a uniform sales price sur- charge described in subsection (d). (d) UNIFORM SALES PRICE SURCHARGE.—The Secretary of Defense shall apply a uniform sur- charge equal to five percent on the sales prices established under subsection (e) for each item of merchandise sold in, at, or by commissary stores. (e) SALES PRICE ESTABLISHMENT.—(1) The Sec- retary 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. (2) Any change in the pricing policies for mer- chandise sold in, at, or by commissary stores shall not take effect until the Secretary of De- fense 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 pur- poses of this paragraph, the continuity of a ses- sion of Congress is broken only by an adjourn- ment 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 computa- tion of such 90-day period. (3) The sales price of merchandise and services sold in, at, or by commissary stores shall be ad- justed 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 shrink- age, spoilage, and pilferage of merchandise under the control of commissary stores. (f) PROCUREMENT OF COMMERCIAL PRODUCTS USING PROCEDURES OTHER THAN COMPETITIVE PROCEDURES.—The Secretary of Defense may use the exception provided in section 3204(a)(5) of this title for the procurement of any commer- cial product (including brand-name and generic items) for resale in, at, or by commissary stores. (g) SPECIAL RULES FOR CERTAIN MERCHAN- DISE.—(1) Notwithstanding the general require- ment that merchandise sold in, at, or by com- missary stores be commissary store inventory, the Secretary of Defense may authorize the sale of tobacco products as noncommissary store in- ventory. Except as provided in paragraph (2), subsections (d) and (e) shall not apply to the pricing of such merchandise items. (2) When tobacco products are authorized for sale in a commissary store as noncommissary store inventory, any revenue above the cost of procuring the tobacco products shall be allo- cated as if the revenue were a uniform sales price surcharge described in subsection (d). (h) USE OF SURCHARGE FOR CONSTRUCTION, RE- PAIR, IMPROVEMENT, AND MAINTENANCE.—(1)(A) The Secretary of Defense may use the proceeds from the surcharges imposed under subsection (d) only— (i) to acquire (including acquisition by lease), construct, convert, expand, improve, repair, maintain, and equip the physical infra- structure of commissary stores and central product processing facilities of the defense commissary system; and Page 1965 TITLE 10—ARMED FORCES § 2484 (ii) to cover environmental evaluation and construction costs related to activities de- scribed in clause (i), including costs for sur- veys, administration, overhead, planning, and design. (B) In subparagraph (A), 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. (2)(A) The Secretary of Defense may authorize a nonappropriated fund instrumentality of the United States to enter into a contract for con- struction of a shopping mall or similar facility for a commissary store and one or more non- appropriated fund instrumentality activities. The Secretary may use the proceeds of sur- charges under subsection (d) to reimburse the nonappropriated fund instrumentality for the portion of the cost of the contract that is attrib- utable to construction of the commissary store or to pay the contractor directly for that por- tion of such cost. (B) In subparagraph (A), the term ‘‘construc- tion’’, with respect to a facility, includes acqui- sition, conversion, expansion, installation, or other improvement of the facility. (3)(A) The Secretary of Defense may use the proceeds derived from surcharges imposed under subsection (d) in connection with sales of com- missary merchandise through initiatives de- scribed in subparagraph (B) to offset the cost of such initiatives. (B) Subparagraph (A) applies with respect to initiatives, utilizing temporary and mobile equipment, intended to provide members of re- serve components, retired members, and other persons eligible for commissary benefits, but without reasonable access to commissary stores, improved access to commissary merchandise. (4) The Secretary of Defense, with the ap- proval of the Director of the Office of Manage- ment and Budget, may obligate anticipated pro- ceeds from the surcharges under subsection (d) for any use specified in paragraph (1), (2), or (3), without regard to fiscal year limitations, if the Secretary determines that such obligation is necessary to carry out any use of such adjust- ments or surcharges specified in such paragraph. (5) Revenues received by the Secretary of De- fense from the following sources or activities of commissary store facilities shall be available for the purposes set forth in paragraphs (1), (2), and (3): (A) Sale of recyclable materials. (B) Sale of excess and surplus property. (C) License fees. (D) Royalties. (E) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees. (F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation. (G) Amounts appropriated for repair or re- construction of a commissary store in re- sponse to a disaster or emergency. (6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from— (A) improved management practices imple- mented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and (B) the variable pricing program imple- mented pursuant to subsection (i). (i) VARIABLE PRICING PROGRAM.—(1) Notwith- standing subsection (e), and subject to sub- section (k), the Secretary of Defense may estab- lish a variable pricing program pursuant to which prices may be established in response to market conditions and customer demand, in ac- cordance with the requirements of this sub- section. Notwithstanding the amount of the uni- form surcharge assessed in subsection (d), the Secretary may provide for an alternative sur- charge of not more than five percent of sales proceeds under the variable pricing program to be made available for the purposes specified in subsection (h). (2) Subject to subsection (k), before estab- lishing a variable pricing program under this subsection, the Secretary shall establish the fol- lowing: (A) Specific, measurable benchmarks for success in the provision of high quality gro- cery merchandise, discount savings to patrons, and levels of customer satisfaction while achieving savings for the Department of De- fense. (B) A baseline of overall savings to patrons achieved by commissary stores prior to the initiation of the variable pricing program, based on a comparison of prices charged by those stores on a regional basis with prices charged by relevant local competitors for a representative market basket of goods. (3) The Secretary shall ensure that the defense commissary system implements the variable pricing program by conducting price compari- sons using the methodology established for paragraph (2)(B) and adjusting pricing as nec- essary to ensure that pricing in the variable pricing program achieves overall savings to pa- trons that are consistent with the baseline sav- ings established for the relevant region pursuant to such paragraph. (j) CONVERSION TO NONAPPROPRIATED FUND EN- TITY OR INSTRUMENTALITY.—(1) Subject to sub- section (k), if the Secretary of Defense deter- mines that the variable pricing program has met the benchmarks for success established pursuant to paragraph (2)(A) of subsection (i) and the sav- ings requirements established pursuant to para- graph (3) of such subsection over a period of at least six months, the Secretary may convert the defense commissary system to a non- appropriated fund entity or instrumentality, with operating expenses financed in whole or in part by receipts from the sale of products and the sale of services. Upon such conversion, ap- propriated funds shall be transferred to the de- fense commissary system only in accordance with paragraph (2) or section 2491 of this title. The requirements of section 2483 of this title shall not apply to the defense commissary sys- tem operating as a nonappropriated fund entity or instrumentality. (2) If the Secretary determines that the de- fense commissary system operating as a non- Page 1966 TITLE 10—ARMED FORCES § 2484 appropriated fund entity or instrumentality is likely to incur a loss in any fiscal year as a re- sult of compliance with the savings requirement established in subsection (i), the Secretary shall authorize a transfer of appropriated funds avail- able for such purpose to the commissary system in an amount sufficient to offset the anticipated loss. Any funds so transferred shall be consid- ered to be nonappropriated funds for such pur- pose. (3)(A) The Secretary may identify positions of employees in the defense commissary system who are paid with appropriated funds whose sta- tus may be converted to the status of an em- ployee of a nonappropriated fund entity or in- strumentality. (B) The status and conversion of employees in a position identified by the Secretary under sub- paragraph (A) shall be addressed as provided in section 2491(c) of this title for employees in mo- rale, welfare, and recreation programs, includ- ing with respect to requiring the consent of such employee to be so converted. (C) No individual who is an employee of the defense commissary system as of the date of the enactment of this subsection shall suffer any loss of or decrease in pay as a result of a conver- sion made under this paragraph. (k) OVERSIGHT REQUIRED TO ENSURE CONTIN- UED BENEFIT TO PATRONS.—(1) With respect to each action described in paragraph (2), the Sec- retary of Defense may not carry out such action until— (A) the Secretary provides to the congres- sional defense committees a briefing on such action, including a justification for such ac- tion; and (B) a period of 30 days has elapsed following such briefing. (2) The actions described in this paragraph are the following: (A) Establishing the representative market basket of goods pursuant to subsection (i)(2)(B). (B) Establishing the variable pricing pro- gram under subsection (i)(1). (C) Converting the defense commissary sys- tem to a nonappropriated fund entity or in- strumentality under subsection (j)(1). (Added Pub. L. 99–661, div. A, title III, § 313(a), Nov. 14, 1986, 100 Stat. 3852, § 2486; amended Pub. L. 100–180, div. A, title III, § 313(a)(1), (2), Dec. 4, 1987, 101 Stat. 1073, 1074; Pub. L. 104–201, div. A, title III, § 342(a), Sept. 23, 1996, 110 Stat. 2489; Pub. L. 105–85, div. A, title III, §§ 372(a)–(e), 373, Nov. 18, 1997, 111 Stat. 1706, 1707; Pub. L. 105–261, div. A, title III, § 364, Oct. 17, 1998, 112 Stat. 1986; Pub. L. 106–65, div. A, title X, § 1066(a)(21), Oct. 5, 1999, 113 Stat. 771; Pub. L. 106–398, § 1 [[div. A], title III, §§ 332(a), 334], Oct. 30, 2000, 114 Stat. 1654, 1654A–59, 1654A–60; Pub. L. 107–314, div. A, title X, § 1041(a)(14), Dec. 2, 2002, 116 Stat. 2645; renum- bered § 2484 and amended Pub. L. 108–375, div. A, title VI, § 651(a)(2), (4), (5), Oct. 28, 2004, 118 Stat. 1964, 1966; Pub. L. 109–364, div. A, title VI, § 661, title X, § 1071(g)(6), Oct. 17, 2006, 120 Stat. 2262, 2402; Pub. L. 110–417, [div. A], title VI, § 641, Oct. 14, 2008, 122 Stat. 4493; Pub. L. 113–291, div. A, title VI, § 631, Dec. 19, 2014, 128 Stat. 3405; Pub. L. 114–328, div. A, title VI, § 661(c), Dec. 23, 2016, 130 Stat. 2170; Pub. L. 115–232, div. A, title VIII, § 836(e)(11), Aug. 13, 2018, 132 Stat. 1870; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294; Pub. L. 117–81, div. A, title VI, § 631, Dec. 27, 2021, 135 Stat. 1775; Pub. L. 118–159, div. A, title VI, § 641(a), Dec. 23, 2024, 138 Stat. 1938.) AMENDMENT OF SECTION Pub. L. 118–159, div. A, title VI, § 641, Dec. 23, 2024, 138 Stat. 1938, provided that, effective on Jan. 1, 2026, this section is amended by adding at the end the following new subsection: (l) Prohibition on Sale of Garlic From People’s Republic of China.—The Secretary of Defense shall prohibit the sale at any commissary store of fresh or chilled garlic— (1) classified under subheading 0703.20.00 of the Harmonized Tariff Schedule of the United States; and (2) that originated from, or was processed in, the People’s Republic of China. See 2024 Amendment note below. Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (j)(3)(C), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016. PRIOR PROVISIONS A prior section 2484 was renumbered section 2483 of this title. AMENDMENTS 2024—Subsec. (l). Pub. L. 118–159 added subsec. (l). 2021—Subsec. (f). Pub. L. 116–283 substituted ‘‘section 3204(a)(5)’’ for ‘‘section 2304(c)(5)’’. Subsec. (h)(5)(F), (G). Pub. L. 117–81, § 631(1), added subpars. (F) and (G). Subsec. (h)(6). Pub. L. 117–81, § 631(2), added par. (6). 2018—Subsec. (f). Pub. L. 115–232 substituted ‘‘Com- mercial Products’’ for ‘‘Commercial Items’’ in heading and substituted ‘‘commercial product’’ for ‘‘commer- cial item’’ in text. 2016—Subsecs. (i) to (k). Pub. L. 114–328 added subsecs. (i) to (k). 2014—Subsec. (f). Pub. L. 113–291 amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘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 re- sale in, at, or by commissary stores unless the commer- cial 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 commer- cial 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 gro- cery or other retail operations consisting of multiple stores.’’ 2008—Subsec. (h)(3) to (5). Pub. L. 110–417 added par. (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and substituted ‘‘paragraph (1), (2), or (3)’’ for ‘‘paragraph (1) or (2)’’ in par. (4). 2006—Pub. L. 109–364, § 1071(g)(6), made technical cor- rection to directory language of Pub. L. 108–375, § 651(a)(5)(C). See 2004 Amendment notes for subsecs. (a) to (d) below. Subsec. (c)(3). Pub. L. 109–364, § 661(a), designated ex- isting provisions as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), subsections’’ for ‘‘Sub- sections’’, and added subpar. (B). Subsec. (g). Pub. L. 109–364, § 661(b), designated exist- ing provisions as par. (1), substituted ‘‘Except as pro- Page 1967 TITLE 10—ARMED FORCES § 2484 vided in paragraph (2), subsections’’ for ‘‘Subsections’’, and added par. (2). 2004—Pub. L. 108–375, § 651(a)(2), (4), renumbered sec- tion 2486 of this title as this section. Subsecs. (a) to (c). Pub. L. 108–375, § 651(a)(5)(C), as amended by Pub. L. 109–364, § 1071(g)(6), added subsecs. (a) to (c). Pub. L. 108–375, § 651(a)(5)(A), struck out subsecs. (a) to (c) which related to operation of the Defense Com- missary Agency and the defense commissary system, use of funds to cover expenses of operating commissary stores and central product processing facilities, and supplemental funds for commissary operations, respec- tively. Subsec. (d). Pub. L. 108–375, § 651(a)(5)(C), as amended by Pub. L. 109–364, § 1071(g)(6), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 108–375, § 651(a)(5)(B), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 108–375, § 651(a)(5)(D), struck out ‘‘(consistent with this section and section 2685 of this title)’’ before period at end. Subsec. (f). Pub. L. 108–375, § 651(a)(5)(B), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 108–375, § 651(a)(5)(E), substituted ‘‘Subsections (d) and (e)’’ for ‘‘Subsections (c) and (d)’’ before ‘‘shall not apply to the pricing’’. Pub. L. 108–375, § 651(a)(5)(A), (B), redesignated subsec. (f) as (g) and struck out heading and text of former sub- sec. (g), which related to the imposition of charges by the Secretary of Defense for the collection of dishon- ored checks. Subsec. (h). Pub. L. 108–375, § 651(a)(5)(F), added sub- sec. (h). 2002—Subsec. (b)(12). Pub. L. 107–314 substituted ‘‘, except that the Secretary shall notify Congress of any addition of, or change in, a merchandise category under this paragraph.’’ for ‘‘, 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.’’ 2000—Subsec. (b)(11), (12). Pub. L. 106–398, § 1 [[div. A], title III, § 334(a)], added par. (11) and redesignated former par. (11) as (12). Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title III, § 332(a)(1)], substituted ‘‘subsection (d) or section’’ for ‘‘section 2484(b) or’’. Subsec. (d)(1). Pub. L. 106–398, § 1 [[div. A], title III, § 332(a)(2)(A)], substituted ‘‘section 2685’’ for ‘‘sections 2484 and 2685’’. Subsec. (d)(3). Pub. L. 106–398, § 1 [[div. A], title III, § 332(a)(2)(B)], added par. (3). Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title III, § 334(b)], struck out ‘‘(1)’’ before ‘‘Notwithstanding’’, substituted ‘‘tobacco products’’ for ‘‘items in the mer- chandise categories specified in paragraph (2)’’, and struck out par. (2) which read as follows: ‘‘The mer- chandise 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 ‘‘Novem- ber 18, 1997,’’ for ‘‘the date of the enactment of the Na- tional 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, § 372(e)(1), inserted heading. Subsec. (b). Pub. L. 105–85, § 372(a)(1), inserted heading and substituted ‘‘Merchandise sold in, at, or by com- missary 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, § 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, § 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 Au- thorization Act for Fiscal Year 1998, the uniform per- centage 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, § 372(c), inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall pre- scribe 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 merchan- dise sold at commissary stores.’’ Subsec. (e). Pub. L. 105–85, § 373, inserted at end ‘‘In determining whether a brand name commercial item is regularly sold outside of commissary stores, the Sec- retary shall consider only sales of the item on a re- gional or national basis by commercial grocery or other retail operations consisting of multiple stores.’’ Pub. L. 105–85, § 372(e)(2), inserted heading and sub- stituted ‘‘in, at, or by commissary stores’’ for ‘‘in com- missary stores’’ in two places. Subsec. (f). Pub. L. 105–85, § 372(d), added subsec. (f). 1996—Subsec. (e). Pub. L. 104–201 added subsec. (e). 1987—Pub. L. 100–180, § 313(a)(2), inserted ‘‘and pric- ing’’ in section catchline. Subsec. (d). Pub. L. 100–180, § 313(a)(1), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. A, title VI, § 641(b), Dec. 23, 2024, 138 Stat. 1938, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2026.’’ EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(6) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title III, § 332(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–60, provided that: ‘‘The amendments made by this section [amending this sec- tion] shall take effect on October 1, 2001.’’ REGULATIONS Pub. L. 100–180, div. A, title III, § 313(b), Dec. 4, 1987, 101 Stat. 1074, required Secretary of Defense to pre- Page 1968 TITLE 10—ARMED FORCES § 2485 scribe regulations required by subsec. (d) of this section not later than 90 days after Dec. 4, 1987. SAVINGS PROVISION Pub. L. 104–201, div. A, title III, § 342(b), Sept. 23, 1996, 110 Stat. 2489, provided that: ‘‘Section 2486(e) [now 2484(e)] of title 10, United States Code, as added by sub- section (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 procure- ment of commercial items for resale in commissary stores.’’ PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY SOURCED PRODUCTS Pub. L. 116–92, div. A, title VI, § 632, Dec. 20, 2019, 133 Stat. 1429, provided that: ‘‘The Secretary of Defense shall ensure that the dairy products and fruits and vegetables procured for commissary stores under the defense commissary system are, to the extent prac- ticable and while maintaining mandated patron sav- ings, locally sourced in order to ensure the availability of the freshest possible dairy products and fruits and vegetables for patrons of the stores.’’ OPERATION OF DEFENSE COMMISSARY SYSTEM AS A NONAPPROPRIATED FUND ENTITY Pub. L. 114–328, div. A, title VI, § 661(g), Dec. 23, 2016, 130 Stat. 2172, provided that: ‘‘In the event that the de- fense commissary system is converted to a non- appropriated fund entity or instrumentality as author- ized by section 2484(j)(1) of title 10, United States Code, as added by subsection (c) of this section, the Secretary of Defense may— ‘‘(1) provide for the transfer of commissary assets, including inventory and available funds, to the non- appropriated fund entity or instrumentality; and ‘‘(2) ensure that revenues accruing to the defense commissary system are appropriately credited to the nonappropriated fund entity or instrumentality.’’ COMPETITIVE PRICING OF LEGAL CONSUMER TOBACCO PRODUCTS SOLD IN DEPARTMENT OF DEFENSE RETAIL STORES Pub. L. 118–47, div. A, title VIII, § 8041, Mar. 23, 2024, 138 Stat. 492, provided that: ‘‘The Secretary of Defense shall issue regulations to prohibit the sale of any to- bacco or tobacco-related products in military resale outlets in the United States, its territories and posses- sions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military re- tail system stores located in the United States.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 117–328, div. C, title VIII, § 8041, Dec. 29, 2022, 136 Stat. 4595. Pub. L. 117–103, div. C, title VIII, § 8043, Mar. 15, 2022, 136 Stat. 184. Pub. L. 116–260, div. C, title VIII, § 8036, Dec. 27, 2020, 134 Stat. 1312. Pub. L. 116–93, div. A, title VIII, § 8036, Dec. 20, 2019, 133 Stat. 2344. Pub. L. 115–245, div. A, title VIII, § 8034, Sept. 28, 2018, 132 Stat. 3007. Pub. L. 115–141, div. C, title VIII, § 8033, Mar. 23, 2018, 132 Stat. 471. Pub. L. 115–31, div. C, title VIII, § 8034, May 5, 2017, 131 Stat. 254. Pub. L. 114–113, div. C, title VIII, § 8033, Dec. 18, 2015, 129 Stat. 2358. Pub. L. 113–235, div. C, title VIII, § 8073, Dec. 16, 2014, 128 Stat. 2271. Pub. L. 113–291, div. A, title VI, § 633, Dec. 19, 2014, 128 Stat. 3405, provided that: ‘‘(a) PROHIBITION ON BANNING SALE OF LEGAL CON- SUMER TOBACCO PRODUCTS.—The Secretary of Defense and the Secretaries of the military departments may not take any action to implement any new policy that would ban the sale of any legal consumer tobacco prod- uct category sold as of January 1, 2014, within the de- fense retail systems or on any Department of Defense vessel at sea. ‘‘(b) USE OF PRICES COMPARABLE TO LOCAL PRICES.— The Secretary of Defense shall issue regulations re- garding the pricing of tobacco and tobacco-related products sold in an outlet of the defense retail systems inside the United States, including territories and pos- sessions of the United States, to prohibit the sale of a product at a price below the most competitive price for that product in the local community. ‘‘(c) APPLICATION TO OVERSEAS DEFENSE RETAIL SYS- TEMS.—The regulations required by subsection (b) shall direct that the price of a tobacco or tobacco-related product sold in an outlet of the defense retail systems outside of the United States shall be within the range of prices established for that product in outlets of the defense retail systems inside the United States. ‘‘(d) DEFENSE RETAIL SYSTEMS DEFINED.—In this sec- tion, the term ‘defense retail systems’ has the meaning given that term in section 2487(b)(2) of title 10, United States Code.’’ TEST PROGRAM OF SALE OF CERTAIN ITEMS IN COMMISSARY STORES Pub. L. 108–375, div. A, title VI, § 651(g), Oct. 28, 2004, 118 Stat. 1972, provided that: ‘‘(1) The Secretary of Defense may conduct a test pro- gram involving the sale of telephone cards, film, and one-time use cameras in not less than 10 commissary stores for a period selected by the Secretary, but not less than six months. ‘‘(2) Within 90 days after the completion of the first year of the test program or within 90 days after the completion of the test program, whichever occurs first, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report con- taining the results of the test program. The report shall include an analysis of the impact of the sale of such items on the exchange dividend and such rec- ommendations as the Secretary considers appropriate regarding legislative changes necessary to expand the sale of such items in commissary stores.’’ REPORT ON MERCHANDISE CATEGORIES Pub. L. 105–85, div. A, title III, § 372(f), Nov. 18, 1997, 111 Stat. 1707, provided that, not later than 30 days after Nov. 18, 1997, the Secretary of Defense was to sub- mit to Congress a report specifying the merchandise categories authorized for sale sold in, at, or by com- missary stores pursuant to regulations prescribed under subsection (b)(11) of this section, as in effect be- fore Nov. 18, 1997. § 2485. Commissary stores: operation (a) PRIVATE OPERATION.—Under such regula- tions as the Secretary of Defense may approve, private persons may operate selected com- missary store functions, except that such func- tions may not include functions relating to the procurement of products to be sold in a com- missary store or functions relating to the over- all management of a commissary system or the management of a commissary store. Such func- tions shall be carried out by personnel of the De- partment of Defense under regulations approved by the Secretary of Defense. (b) CONTRACTS WITH OTHER AGENCIES AND IN- STRUMENTALITIES.—(1) The Defense Commissary Agency, and any other agency of the Depart- ment of Defense that supports the operation of