10 U.S.C. § 2686 — Utilities and services: sale; expansion and

Page 2095 TITLE 10—ARMED FORCES § 2686 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, IMPROVE- MENT, AND MAINTENANCE.—(1) The Secretary of Defense may use the proceeds from the adjust- ments or surcharges authorized by subsection (a) only— (A) 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 (B) to cover environmental evaluation and construction costs related to activities de- scribed in paragraph (1), including costs for surveys, administration, overhead, planning, and design. (2) In paragraph (1), the term ‘‘physical infra- structure’’ includes real property, utilities, and equipment (installed and free standing and in- cluding computer equipment), necessary to pro- vide 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 re- gard to fiscal year limitations, if the Secretary determines that such obligation is necessary to carry out any use of such adjustments or sur- charges specified in subsection (b) or (d). (d) COOPERATION WITH NONAPPROPRIATED FUND INSTRUMENTALITIES.—(1) The Secretary of De- fense may authorize a nonappropriated fund in- strumentality 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 instrumen- tality activities. The Secretary may use the pro- ceeds of adjustments or surcharges authorized by subsection (a) to reimburse the non- appropriated fund instrumentality for the por- tion 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. (2) In paragraph (1), the term ‘‘construction’’, with respect to a facility, includes acquisition, conversion, expansion, installation, or other im- provement of the facility. (e) OTHER SOURCES OF FUNDS FOR CONSTRUC- TION AND IMPROVEMENTS.—Revenues received by the Secretary of Defense from the following sources or activities of commissary store facili- ties 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, § 611, Dec. 27, 1974, 88 Stat. 1765; amended Pub. L. 95–82, title VI, § 614, Aug. 1, 1977, 91 Stat. 380; Pub. L. 97–321, title VIII, § 804, Oct. 15, 1982, 96 Stat. 1572; Pub. L. 103–337, div. B, title XXVIII, § 2851, Oct. 5, 1994, 108 Stat. 3072; Pub. L. 105–85, div. A, title III, § 374, Nov. 18, 1997, 111 Stat. 1707; Pub. L. 106–398, § 1 [[div. A], title III, § 333(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–60.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 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, § 1 [[div. A], title III, § 333(a)], amended heading and text of subsec. (b) gen- erally. 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, con- struct, 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, § 1 [[div. A], title III, § 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, § 1 [[div. A], title III, § 333(b)(3)], substituted ‘‘Secretary of Defense’’ for ‘‘Secretary of a military department’’. 1997—Subsecs. (a) to (d). Pub. L. 105–85, § 374(b), in- serted subsec. headings. Subsec. (e). Pub. L. 105–85, § 374(a), added subsec. (e). 1994—Subsec. (c). Pub. L. 103–337, § 2851(b), inserted ‘‘or (d)’’ after ‘‘subsection (b)’’ in two places. Subsec. (d). Pub. L. 103–337, § 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title III, § 333(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–60, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect on October 1, 2001.’’ § 2686. Utilities and services: sale; expansion and extension of systems and facilities (a) Under such regulations and for such peri- ods and at such prices as he may prescribe, the Secretary concerned or his designee may sell or contract to sell to purchasers within or in the immediate vicinity of an activity of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, any of the fol- lowing utilities and related services, if it is de- termined that they are not available from an- other local source and that the sale is in the in- terest of national defense or in the public inter- est: (1) Electric power. (2) Steam. (3) Compressed air. (4) Water. (5) Sewage and garbage disposal. (6) Natural, manufactured, or mixed gas. Page 2096 TITLE 10—ARMED FORCES § 2687 (7) Ice. (8) Mechanical refrigeration. (9) Telephone service. (b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently avail- able for the supply of that utility or service. (c) To meet local needs the Secretary con- cerned may make minor expansions and exten- sions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub. L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered § 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2481(a) ..... 5:626s. 5:626s–1 (less words be- tween semicolon and colon). 10:1269. July 30, 1947, ch. 394, 61 Stat. 675; Aug. 8, 1949, ch. 403, § 5, 63 Stat. 576. 10:1269a (less words be- tween semicolon and colon). 34:553a. 34:553b (less words be- tween semicolon and colon). 2481(b) ..... 5:626s–1 (words between semicolon and colon). 10:1269a (words between semicolon and colon). 34:553b (words between semicolon and colon). 2481(c) ..... 5:626s–2. 10:1269b. 34:553c. In subsection (a), the words ‘‘within his establish- ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1, 10:1269a, and 34:553b, are omitted as surplusage. The words ‘‘not available from another local source’’ are substituted for the words ‘‘not otherwise available from local private or public sources’’. In subsection (b), the words ‘‘of sales under sub- section (a)’’ are substituted for the words ‘‘received for any such utilities and related services sold pursuant to the authority of said sections’’. The words ‘‘or appro- priations’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 2686, added Pub. L. 95–82, title V, § 504(a)(1), Aug. 1, 1977, 91 Stat. 371; amended Pub. L. 95–356, title V, § 503(a), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96–125, title V, § 502(a), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96–418, title V, § 504(a), Oct. 10, 1980, 94 Stat. 1765, re- lated to military family housing leases, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisi- tion of military family housing authorized before, on, or after such date. See section 2828(a), (b) of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’ in introduc- tory provisions. 1997—Pub. L. 105–85 renumbered section 2481 of this title as this section. 1959—Subsec. (a). Pub. L. 86–156, § 1(1), substituted ‘‘concerned’’ for ‘‘of a military department’’ and in- serted ‘‘or Coast Guard,’’ after ‘‘Marine Corps,’’. Subsec. (c). Pub. L. 86–156, § 1(2), struck out ‘‘of the military department’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2687. Base closures and realignments (a) Notwithstanding any other provision of law, no action may be taken to effect or imple- ment— (1) the closure of any military installation at which at least 300 civilian personnel are au- thorized 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 ci- vilian personnel authorized to be employed at such military installation at the time the Sec- retary of Defense or the Secretary of the mili- tary department concerned notifies the Con- gress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabili- tation 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 realign- ment 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 Sen- ate and the Committee on Armed Services of the House of Representatives, as part of an an- nual request for authorization of appropria- tions to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local eco- nomic, budgetary, environmental, strategic, and operational consequences of such clo- sure or realignment; and (B) the criteria used to consider and rec- ommend military installations for such clo- sure or realignment, which shall include at a minimum consideration of— (i) the ability of the infrastructure (in- cluding transportation infrastructure) of both the existing and receiving commu- nities to support forces, missions, and per- sonnel as a result of such closure or re- alignment; and (ii) the costs associated with community transportation infrastructure improve- ments as part of the evaluation of cost savings or return on investment of such closure or realignment; and