S.Amdt. 1442

1. Adds SEC. 2705. ENHANCED COMMISSARY STORES DEMONSTRATION AUTHORITY at the end of title XXVII

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   Amounts previously authorized for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act for fiscal years prior to fiscal year 2012 are hereby reduced by $100,000,000.

   Inserted: SEC. 2705. ENHANCED COMMISSARY STORES DEMONSTRATION AUTHORITY.

   Inserted: (a) Authority To Operate Enhanced Commissary Stores.--

   Inserted: (1) In general.--Subchapter II of chapter 147 of title 10, United States Code, is amended by inserting after section 2488 the following new section:

   Inserted: "Sec. 2488a. Enhanced commissary stores

   Inserted: "(a) Authority To Operate.--The Defense Commissary Agency may operate an enhanced commissary store at such military installations as the Secretary of Defense considers to be appropriate, in order to reduce the net costs of those stores to the Federal Government and to enable their continued operations as an element of the military pay and benefits package.

   Inserted: "(b) Additional Categories of Merchandise.--(1) In addition to selling items in the merchandise categories specified in subsection (b) of section 2484 of this title in the manner provided by such section, an enhanced commissary store also may sell items in such other merchandise categories (not covered by subsection (b) of section 2484 of this title) as the Secretary of Defense may authorize.

   Inserted: "(2) Subsections (c) and (g) of section 2484 of this title shall not apply with regard to the selection, or method of sale, of merchandise in any merchandise category authorized by the Secretary of Defense pursuant to paragraph (1) for sale in, at, or by an enhanced commissary store.

   Inserted: "(c) Sales Price Establishment and Surcharge.--Subsections (d) and (e) of section 2484 of this title shall not apply to the pricing of merchandise in any merchandise category authorized by the Secretary of Defense pursuant to paragraph (1) for sale in, at, or by an enhanced commissary store. Instead, the Secretary of Defense shall determine appropriate prices for such merchandise sold in, at, or by an enhanced commissary store.

   Inserted: "(d) Retention and Use of Portion of Proceeds.--(1) The Secretary of Defense may retain amounts equal to the difference between--

   Inserted: "(A) the retail price of merchandise in any merchandise category authorized by the Secretary of Defense pursuant to paragraph (1) for sale in, at, or by an enhanced commissary store; and

   Inserted: "(B) the invoice cost of such beverages, products, or merchandise.

   Inserted: "(2) The Secretary of Defense shall use amounts retained under paragraph (1) for an enhanced commissary store to help offset the operating costs of that enhanced commissary store.

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   Inserted: "(e) Limitation.--The authority under this section is subject to the limitation set forth in section 2705(b) of the National Defense Authorization Act for Fiscal Year 2012.".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2488 the following new item:

   Inserted: "2488a. Enhanced commissary stores.".

   Inserted: (b) Temporary Limitation on Authority.--

   Inserted: (1) Limited authority.--Until 180 days after submitting the report required under paragraph (2), the Secretary of Defense may exercise the authority provided under section 2488a of title 10, United States Code, as added by subsection (a), only at military installations within 20 miles of which fewer than 500 active duty personnel are stationed.

   Inserted: (2) Report on criteria for operation of enhanced commissary stores.--Not later than 30 days after reissuance of Department of Defense Instruction 1330.17 as in effect on the date of the enactment of this Act, or the issuance of any instruction on Armed Services Commissary Operations, the Secretary of Defense shall submit a report to the congressional defense committees specifying and justifying the criteria to be used for determining locations at which enhanced commissaries may be operated.

   Original wording

   At the end of title XXVII, add the following:

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As printed