118 STAT. 1968 PUBLIC LAW 108–375—OCT. 28, 2004 be available for the purposes set forth in paragraphs (1), (2), and (3): ‘‘(A) Sale of recyclable materials. ‘‘(B) Sale of excess and surplus property. ‘‘(C) License fees. ‘‘(D) Royalties. ‘‘(E) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.’’; (6) by inserting section 2485, as redesignated by paragraph (2), after section 2484, as amended by paragraph (5); and (7) in section 2485, as redesignated by paragraph (2)— (A) in subsection (b)(2), by striking ‘‘section 2484’’ and inserting ‘‘section 2483’’; (B) in subsection (c)(2), by adding at the end the fol lowing new sentences: ‘‘The chairman of the governing board shall be a commissioned officer or member of the senior executive service who has demonstrated experience or knowledge relevant to the management of the defense commissary system. In selecting other members of the gov erning board, the Secretary shall give priority to persons with experience related to logistics, military personnel, military entitlements or other experiences of value of management of commissaries.’’; and (C) by adding at the end the following new subsections: ‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) Except as provided in paragraph (2), members of the armed forces on active duty may not be assigned to the operation of a commissary store. ‘‘(2)(A) The Secretary of Defense may assign an officer on the active duty list to serve as the Director of the Defense Commissary Agency. ‘‘(B) Not more than 18 members (in addition to the officer referred to in subparagraph (A)) of the armed forces on active duty may be assigned to the Defense Commissary Agency. Members who may be assigned under this subparagraph to regional head quarters of the agency shall be limited to enlisted members assigned to duty as advisers in the regional headquarters responsible for overseas commissaries and to veterinary specialists. ‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY MILITARY DEPARTMENTS.—(1) The Secretary of a military depart ment shall pay the Defense Commissary Agency the amount deter mined under paragraph (2) for any use of a commissary facility by the military department for a purpose other than commissary sales or operations in support of commissary sales. ‘‘(2) The amount payable under paragraph (1) for use of a commissary facility by a military department shall be equal to the share of depreciation of the facility that is attributable to that use, as determined under regulations prescribed by the Sec retary of Defense. ‘‘(3) The Director of the Defense Commissary Agency shall credit amounts paid under paragraph (1) for use of a facility to an appropriate account to which proceeds of a surcharge applied under section 2484(d) of this title are credited. ‘‘(4) This subsection applies with respect to a commissary facility that is acquired, constructed, converted, expanded, installed, or otherwise improved (in whole or in part) with the proceeds of a surcharge applied under section 2484(d) of this title.
�
