S 1044

112th CONGRESS
1st Session

S. 1044

To amend title 10, United States Code, to authorize the Defense Commissary Agency to conduct a pilot program at military installations to be closed or subject to an adverse realignment under a base closure law under which a commissary store may sell additional types of merchandise.

IN THE SENATE OF THE UNITED STATES

May 23, 2011

Ms. SNOWE (for herself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Armed Services


A BILL

To amend title 10, United States Code, to authorize the Defense Commissary Agency to conduct a pilot program at military installations to be closed or subject to an adverse realignment under a base closure law under which a commissary store may sell additional types of merchandise.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ENHANCED COMMISSARY STORES PILOT PROGRAM.

    (a) Authority To Operate Enhanced Commissary Stores- Subchapter II of chapter 147 of title 10, United States Code, is amended by inserting after section 2488 the following new section:

`Sec. 2488a. Enhanced commissary stores

    `(a) Authority To Operate- The Defense Commissary Agency--

      `(1) shall operate an enhanced commissary store at Naval Air Station, Brunswick, Maine; and

      `(2) may operate an enhanced commissary store at such other military installations designated for closure or adverse realignment under a base closure law as the Defense Commissary Agency considers to be appropriate.

    `(b) Additional Categories of Merchandise- (1) In addition to selling items in the merchandise categories specified in subsection (b) of section 2484 of this title in the manner provided by such section, an enhanced commissary store also may sell items in the following categories as commissary merchandise:

      `(A) Alcoholic beverages.

      `(B) Tobacco products.

      `(C) Items in such other merchandise categories (not covered by subsection (b) of section 2484 of this title) as the Secretary of Defense may authorize.

    `(2) Subsections (c) and (g) of section 2484 of this title shall not apply with regard to the selection, or method of sale, of merchandise in the categories specified in subparagraphs (A) and (B) of paragraph (1) or in any other merchandise category authorized under subparagraph (C) of such paragraph for sale in, at, or by an enhanced commissary store.

    `(c) Sales Price Establishment and Surcharge- Subsections (d) and (e) of section 2484 of this title shall not apply to the pricing of merchandise in the categories specified in subparagraphs (A) and (B) of paragraph (1) of subsection (b) or in any other merchandise category authorized under subparagraph (C) of such paragraph for sale in, at, or by an enhanced commissary store. Instead, the Secretary of Defense shall determine appropriate prices for such merchandise sold in, at, or by an enhanced commissary store.

    `(d) Retention and Use of Portion of Proceeds- (1) The Secretary of Defense may retain amounts equal to the difference between--

      `(A) the retail price of merchandise in the categories specified in subparagraphs (A) and (B) of paragraph (1) of subsection (b) and in other merchandise categories authorized under subparagraph (C) of such paragraph for sale in, at, or by an enhanced commissary store; and

      `(B) the invoice cost of such merchandise.

    `(2) The Secretary of Defense shall use amounts retained under paragraph (1) for an enhanced commissary store to help offset the operating costs of that enhanced commissary store.'.

    (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2488 the following new item:

      `2488a. Enhanced commissary stores.'.

END