Ill STAT. 1708 PUBLIC LAW 105-85—NOV. 18, 1997 "(5) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.", (b) CLERICAL AMENDMENTS.— Such section is further amended— (1) in subsection (a), by inserting "ADJUSTMENT OR SUR- CHARGE AUTHORIZED. — " after "(a)"; (2) in subsection (b), by inserting "USE FOR CONSTRUCTION AND IMPROVEMENT OF FACILITIES. —" after "(b)"; (3) in subsection (c), by inserting "ADVANCE OBLIGA- TION.— " after "(c)"; and (4) in subsection (d), by inserting "COOPERATION WITH NONAPPROPRIATED FUND INSTRUMENTALITIES.— " after "(d)". SEC. 375. MAINTENANCE, REPAIR, AND RENOVATION OF ARMED FORCES RECREATION CENTER, EUROPE. Section 2247(b) of title 10, United States Code, is amended by striking out "real property maintenance, and" and inserting in lieu thereof "the maintenance, repair, or renovation of real property, and the". SEC. 376. PLAN FOR USE OF PUBLIC AND PRIVATE PARTNERSHIPS TO BENEFIT MORALE, WELFARE, AND RECREATION ACTIVITIES. (a) PLAN REQUIRED.— The Secretary of Defense shall prepare a plan containing a proposal regarding the advisability and feasibility of permitting nonappropriated fund instrumentalities of the Department of Defense to enter into leases, licensing agreements, concession agreements, and other contracts with private persons and State or local governments to facilitate the provision of facilities, goods, or services to authorized patrons of nonappropriated fund instrumentalities and to generate revenues for the Department of Defense to be used solely for the benefit of nonappropriated fund instrumentalities. (b) RECOMMENDATIONS FOR SCOPE OF PLAN. — In developing the proposal under subsection (a), the Secretary shall include recommendations regarding the following: (1) The proposed criteria to be used to select goods or services suitable for provision to patrons of nonappropriated fund instrumentalities through a lease or other contractual arrangement. (2) The proposed mechanism to be used to assess the likely impact of such a lease or other contractual arrangement on private businesses in the locality that provide the same goods or services proposed to be provided under such a lease or other contractual arrangement. (3) The feasibility and desirability of authorizing persons who are not authorized patrons of nonappropriated fund instrumentalities to receive goods and services provided through such a lease or other contractual arrangement. (4) The proposed mechanism to be used to ensure that such a lease or contract will not be inconsistent with and will not adversely affect the mission of the Department of Defense or the nonappropriated fund instrumentality involved. (c) SUBMISSION OF PLAN. —Not later than March 1, 1998, the Secretary shall submit to Congress the plan required under subsection (a).
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