tivity of the military department, or the Defense Agency, to a person outside the Department of Defense. (b) LIMITATIONS.-A lease under subsection (a) may be entered into only if (1) the lease of any such equipment or facilities will not have a significant adverse effect on the readiness of the armed forces, as determined by the Secretary concerned; (2) the person leasing such equipment or facilities agrees to reimburse the Department of Defense for the costs (both direct and indirect costs, including any rental costs, as determined the Secretary concerned) attributable to the lease of such equipment or facilities; (3) the person leasing such equipment or facilities agrees to hold harmless and indemnify the United States, except in cases of willful conduct or gross negligence, from any claim for damages or injury to any person or property arising out the lease of such equipment or facilities; and (4) the person leasing such equipment or facilities agrees to hold harmless and indemnify the United States from any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary concerned to suspend or terminate the lease during a war or national emergency. (c) CREDIT TO TREASURY.-Any reimbursement (including the payment of rental costs) received under this section shall be credited to the Treasury as miscellaneous receipts. (Added P.L. 103–337, § 336(a), Oct. 5, 1994, 108 Stat. 2717.) In section 2471(b)(2), "as determined" should be followed by "by". *In section 2471(b)(3), “arising out" should be followed by "of". Sec. 2481. 2482. 2483. 2484. 2485. 2486. 2487. 2488. 2489. 2490. CHAPTER 147-UTILITIES AND SERVICES Utilities and services: sale; expansion and extension of systems and facili ties. 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: limitations on release of sales information. § 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. (3) Compressed air. (4) Water. (5) Sewage and garbage disposal. (6) Natural, manufactured, or mixed gas. (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. 100-456, §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)(1) 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. (2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2865(a) of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation. (c) Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress in writing of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress. (Added P.L. 98-407, §810, Aug. 28, 1984, 98 Stat. 1523, and amendedP.L. 103–160, § 2802, Nov. 30, 1993, 107 Stat. 1884.) § 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 cou pons 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 grocery stores. (b) Merchandise sold in commissary stores may include items in the following categories: (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 Re |
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