PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1707 (d) SPECIAL RULES FOR CERTAIN MERCHANDISE. —Such section is further amended by adding at the end the following new subsection: "(f) SPECIAL RULES FOR CERTAIN MERCHANDISE.—(1) Notwithstanding the general requirement that merchandise sold in, at, or by commissary stores be commissary store inventory, the Secretary of Defense may authorize the sale of items in the merchandise categories specified in paragraph (2) as noncommissary store inventory. Subsections (c) and (d) shall not apply to the pricing of such merchandise items. "(2) The merchandise categories referred to in paragraph (1) are as follows: "(A) Magazines and other periodicals. "(B) Tobacco products.". (e) CLERICAL AND CONFORMING AMENDMENTS. —Such section is further amended— (1) in subsection (a), by inserting "IN GENERAL.—" after "(a)"; and (2) in subsection (e)— (A) by inserting "SPECL\L RULE FOR BRAND-NAME CoMMERCLU. ITEMS. —" after "(e)"; and (B) by striking out "in commissary stores" both places it appears and inserting in lieu thereof "in, at, or by commissary stores". (f) REPORT ON MERCHANDISE CATEGORIES.—Not later than 30 lo use 2486 days after the date of the enactment of this Act, the Secretary note. of Defense shall submit to Congress a report specifying the merchandise categories authorized for sale sold in, at, or by commissary stores pursuant to regulations prescribed under subsection (b)(ll) of section 2486 of title 10, United States Code, as in effect before such date. SEC. 373. LIMITATION ON NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL ITEMS FOR RESALE IN COM- MISSARY STORES. Section 2486(e) of title 10, United States Code, as amended by section 372(e)(2), is further amended by adding at the end the following new sentence: "In determining whether a brsind name commercial 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 grocery or other retail operations consisting of multiple stores.". SEC. 374. TREATMENT OF REVENUES DERIVED FROM COMMISSARY STORE ACTIVITIES. (a) TREATMENT OF REVENUES.—Section 2685 of title 10, United States Code, is amended by adding at the end the following new subsection: "(e) OTHER SOURCES OF FUNDS FOR CONSTRUCTION AND IMPROVEMENTS.— Revenues received by the Secretary of Defense from the following sources or activities of commissary store facilities 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.
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