(3) conduct a solicitation for contracts for the performance of those commercial activities selected for conversion to contractor performance under the Circular A-76 process.

(c) LIMITATIONS.-(1) The Secretary of Defense shall prescribe regulations under which the commander of each military installation may exercise the authority and responsibility provided under subsection (a).

(2) The authority and responsibility provided under subsection (a) are subject to the authority, direction, and control of the Secretary.

(d) ASSISTANCE TO DISPLACED EMPLOYEES.-If the commander of a military installation enters into a contract under subsection (a), the commander shall, to the maximum extent practicable, assist in finding suitable employment for any employee of the Department of Defense who is displaced because of that contract.

(e) MILITARY INSTALLATION DEFINED.-In this section, the term 'military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located within the United States, the Commonwealth of Puerto Rico, or Guam.

(f) TERMINATION OF AUTHORITY.-The authority provided to commanders of military installations by subsection (a) shall terminate on September 30, 1993.

(Added P.L. 101-189, § 1131(a)(1), Nov. 29, 1989, 103 Stat. 1560, and amended P.L. 101-510, §921, Nov. 5, 1990, 104 Stat. 1627; P.L. 102–190, § 315(a), Dec. 5, 1991, 105 Stat. 1337.)

§ 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

The Secretary of Defense or the Secretary of a military department may not change the performance of a depot-level maintenance workload that has a threshold value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change.

(Added P.L. 102-484, § 353(a), Oct. 23, 1992, 106 Stat. 2378.)

Sec.

2481.

2482. 2483.

2484.

2485.

2486.

2487.

2488.

2489.

2490.

2490a.

CHAPTER 147-UTILITIES AND SERVICES

Utilities and services: sale; expansion and extension of systems and facilities.

Commissary stores: private operation.

Sale of electricity from alternate energy and cogeneration production facilities.

Commissary stores: expenses.

Donation of unusable food: commissary stores and other activities. Commissary stores: merchandise that may be sold; uniform surcharges and pricing.

Commissary stores: limitations on release of sales information.

Nonappropriated fund instrumentalities: purchase of alcoholic beverages.
Overseas package stores: treatment of United States wines.

Utility services: furnishing for certain buildings.

Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds.

§ 2481. Utilities and services: sale; expansion and extension of systems and facilities

(a) Under such regulations and for such periods 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, or Coast Guard, as the case may be, any of the following utilities and related services, if it is determined that they are not available from another local source and that the sale is in the interest of national defense or in the public interest:

(1) Electric power.

(2) Steam.

(3) Compressed air.

(4) Water.

(8) Mechanical refrigeration.

(9) Telephone service.

(b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently available for the supply of that utility or service.

(c) To meet local needs the Secretary concerned may make minor expansions and extensions 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; Aug. 14, 1959, P.L. 86–156, § 1, 73 Stat. 338.)

§ 2482. Commissary stores: private operation

Private persons may operate commissary stores under such regulations as the Secretary of Defense may approve. A contract

with a private person for the operation of any commissary store may not require or permit the contractor to carry out functions for the procurement of products to be sold in the store or to engage in functions relating to the overall management of a commissary system or the management of any such store. Such functions shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 141; Sept. 29, 1988, P.L. 100456, §321, 102 Stat. 1952.)

§ 2483. Sale of electricity from alternate energy and cogeneration production facilities

(a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).

(b) Proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.

(Added P.L. 98-407, § 810, Aug. 28, 1984, 98 Stat. 1523.)

§ 2484. Commissary stores: expenses

(a) Except to the extent authorized in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense and except as provided in subsection (b), funds available to the Department of Defense may not be used to pay, in connection with the operation of any commissary store

(1) the cost of purchases (including commercial transportation in the United States to the place of sale) and the cost of maintenance of operating equipment and supplies;

(2) the actual or estimated cost of utilities furnished by the United States;

(3) the actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of the commissary store; or

(4) costs incurred in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons by the commissary store (or other entity acting on behalf of the commissary store).

(b) Appropriated funds may be used to pay any costs described in subsection (a) but only to the extent that appropriation accounts used to pay such costs are reimbursed for the payment of such costs, including, in the case of any costs incurred in connection with discount coupons referred to in subsection (a)(4), all fees or moneys received for handling or processing such coupons. The sales prices in commissary stores shall be adjusted to the extent necessary to provide sufficient gross revenues from the sales of such stores to make such reimbursements. Such adjustments shall be

made under regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense.

(c) Under regulations prescribed by the Secretary of Defense, utilities may be furnished without cost to a commissary store outside the United States or in Alaska or Hawaii.

(d) Transportation outside the United States may be furnished in connection with the operation of commissary stores outside the United States.

(Added P.L. 98–525, § 1401(i), Oct. 19, 1984, 98 Stat. 269.)

§ 2485. Donation of unusable food: commissary stores and other activities

(a) The Secretary of a military department may donate food described in subsection (b) to authorized charitable nonprofit food banks.

(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), and other food available to the Secretary of a military department that—

(1) is certified as edible by appropriate food inspection technicians;

(2) would otherwise be destroyed as unusable; and

(3) in the case of commissary store food, is unmarketable and unsaleable.

(c) In the case of commissary store food, a donation under this section shall take place at the site of the commissary that is donating the food.

(d) A donation under this section may only be made to an entity that is authorized by the Secretary of Defense or the Secretary of Health and Human Services to receive donations under this section.

(e) This section does not authorize any service (including transportation) to be provided in connection with a donation under this

section.

(Added P.L. 99-145, §1460(a), Nov. 8, 1985, 99 Stat. 764, and amended P.L. 101-510, §324 (a) and (b), Nov. 5, 1990, 104 Stat. 1530, 1531.)

§ 2486. Commissary stores: merchandise that may be sold; uniform surcharges and pricing

(a) Commissary stores are similar to commercial grocery stores and may sell merchandise similar to that sold in commercial gro

cery stores.

(b) Merchandise sold in commissary stores may include items in the following categories:

(1) Health and beauty aids.

(2) Meat and poultry.

(3) Fish and seafood.

(4) Produce.

(5) Food and non-food grocery items.

(6) Bakery goods.

(7) Dairy products.

(8) Tobacco products.

(9) Delicatessen items.

(10) Frozen foods.

(11) Other categories designated in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense.

(c) An adjustment of or surcharge on sales prices in commissary stores under section 2484(b) or 2685(a) of this title or for any other purpose shall be applied as a uniform percentage of the sales price of all merchandise sold in commissary stores.

(d) The Secretary of Defense shall prescribe 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 merchandise sold at commissary stores.

(Added P.L. 99–661, §313(a), Nov. 14, 1986, 100 Stat. 3852, and amended P.L. 100-180, §313(a)(1), Dec. 4, 1987, 101 Stat. 1073.) § 2487. Commissary stores: limitations on release of sales information

(a) AUTHORITY TO LIMIT RELEASE. (1) The Secretary of Defense may limit the release to the public of any information described in paragraph (2) if the Secretary determines that it is in the best interest of the Department of Defense to limit the release of such information. If the Secretary determines to limit the release of any such information, the Secretary may provide for limited release of such information in accordance with subsection (b).

(2) Paragraph (1) applies to those portions of computer data generated by electronic scanners used in military commissaries, and those portions of reports generated by such scanners, that contain the following information:

(A) The unit price of items sold.

(B) The number of units of items sold.

(b) RELEASE UNDER COMPETITIVELY AWARDED AGREEMENTS.The Secretary of Defense may enter into one or more agreements that provide for limited release of information described in subsection (a)(2). The Secretary shall use competitive procedures to enter into each such agreement. Each agreement shall require payment for such information and shall specify the amount of such payment.

(c) DEPOSIT OF RECEIPTS.-Amounts received by the United States under an agreement described in subsection (b) with respect to a commissary shall be deposited in the Commissary Trust Revolving Fund of the military department under which the commissary is operated.

(Added P.L. 99-661, §313(a), Nov. 14, 1986, 100 Stat. 3852, and amended P.L. 102-484, §364(a)–(b)(1), Oct. 23, 1992, 106 Stat. 2381.)