Page:United States Statutes at Large Volume 114 Part 3.djvu/101

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PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-59 Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF COMMISSARY STORES. (a) IN GENERAL.—(1) Section 2484 of title 10, United States Code, is amended to read as follows: "§2484. Commissary stores: use of appropriated funds to cover operating expenses "(a) OPERATION OF AGENCY AND SYSTEM. —Except as otherwise provided in this title, the operation of the Defense Commissary Agency and the defense commissary system may be funded using such amounts as are appropriated for such purpose. "(b) OPERATING EXPENSES OF COMMISSARY STORES.—A p propriated funds may be used to cover the expenses of operating commissary stores and central product processing facilities of the defense commissary system. For purposes of this subsection, operating expenses include the following: "(1) Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations. "(2) Utilities. "(3) Communications. "(4) Operating supplies and services. "(5) Second destination transportation costs within or outside the United States. "(6) Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs.". (2) The table of sections at the beginning of chapter 147 of such title is amended by striking the item relating to section 2484 and inserting the following new item: "2484. Commissary stores: use of appropriated funds to cover operating expenses.". (b) EFFECTIVE DATE.— The amendments made by this section shall take effect on October 1, 2001. SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS AND SERVICES TO COVER CERTAIN EXPENSES. (a) ADJUSTMENT REQUIRED. —Section 2486 of title 10, United States Code, is amended— (1) in subsection (c), by striking "section 2484(b) or" and inserting "subsection (d) or section"; and (2) in subsection (d)— (A) in paragraph (1), by striking "sections 2484 and" and inserting "section"; and (B) by adding at the end the following new paragraph: "(3) The sales price of merchandise and services sold in, at, or by commissary stores shall be adjusted to cover the following: "(A) The cost of first destination commercial transportation of the merchandise in the United States to the place of sale. "(B) The actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of commissary stores.".