--- kind: "section" citation: "10 U.S.C. § 2685" title: "10" title_heading: "Armed Forces" number: "2685" heading: "Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2685" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property" --- # §2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities - (a) **Adjustment or Surcharge Authorized.—** Notwithstanding any other provision of law, the [Secretary](/usc/10/4951.md?p=3) of Defense may, for the purposes of this section, provide for an adjustment of, or surcharge on, sales prices of goods and services sold in commissary store [facilities](/usc/10/2700.md?p=2). - (b) **Use for Construction, Repair, Improvement, and Maintenance.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may use the proceeds from the adjustments or surcharges authorized by [subsection (a)](#a) only— - (A) to acquire (including acquisition by lease), construct, convert, expand, improve, repair, maintain, and equip the physical infrastructure of commissary stores and central product processing [facilities](/usc/10/2700.md?p=2) of the defense commissary system; and - (B) to cover environmental evaluation and construction costs related to activities described in [paragraph (1)](#b-1), including costs for surveys, administration, overhead, planning, and design. - (2) In [paragraph (1)](#b-1), the term “physical infrastructure” [includes](/usc/10/101.md?p=g-4) real property, utilities, and equipment (installed and free standing and including computer equipment), necessary to provide a complete and usable commissary store or central product processing [facility](/usc/10/2700.md?p=2). - (c) **Advance Obligation.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, with the approval of the Director of the Office of Management and Budget, may obligate anticipated proceeds from the adjustments or surcharges authorized by [subsection (a)](#a) for any use specified in subsection [(b)](#b) or [(d)](#d), without regard to fiscal year limitations, if the [Secretary](/usc/10/4951.md?p=3) determines that such obligation is necessary to carry out any use of such adjustments or surcharges specified in subsection [(b)](#b) or [(d)](#d). - (d) **Cooperation With Nonappropriated Fund Instrumentalities.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may authorize a nonappropriated fund instrumentality of the [United States](/usc/10/101.md?p=a-1) to enter into a contract for construction of a shopping mall or similar [facility](/usc/10/2700.md?p=2) for a commissary store and one or more nonappropriated fund instrumentality activities. The [Secretary](/usc/10/4951.md?p=3) may use the proceeds of adjustments or surcharges authorized by [subsection (a)](#a) to reimburse the nonappropriated fund instrumentality for the portion of the cost of the contract that is attributable to construction of the commissary store or to [pay](/usc/10/101.md?p=a-15) the contractor directly for that portion of such cost. - (2) In [paragraph (1)](#d-1), the term “construction”, with respect to a [facility](/usc/10/2700.md?p=2), [includes](/usc/10/101.md?p=g-4) acquisition, conversion, expansion, installation, or other improvement of the [facility](/usc/10/2700.md?p=2). - (e) **Other Sources of Funds for Construction and Improvements.—** Revenues received by the [Secretary](/usc/10/4951.md?p=3) of Defense from the following sources or activities of commissary store [facilities](/usc/10/2700.md?p=2) shall be available for the purposes set forth in subsections [(b)](#b), [(c)](#c), and [(d)](#d): - (1) Sale of recyclable materials. - (2) Sale of excess and surplus property. - (3) License fees. - (4) Royalties. - (5) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees. ## Source credit (Added Pub. L. 93–552, title VI, § 611, Dec. 27, 1974, 88 Stat. 1765; amended Pub. L. 95–82, title VI, § 614, Aug. 1, 1977, 91 Stat. 380; Pub. L. 97–321, title VIII, § 804, Oct. 15, 1982, 96 Stat. 1572; Pub. L. 103–337, div. B, title XXVIII, § 2851, Oct. 5, 1994, 108 Stat. 3072; Pub. L. 105–85, div. A, title III, § 374, Nov. 18, 1997, 111 Stat. 1707; Pub. L. 106–398, § 1 [[div. A], title III, § 333(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–60.) ## Notes ### Editorial Notes ### Amendments 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title III, § 333(b)(1)], substituted “Secretary of Defense” for “Secretary of a military department, under regulations established by him and approved by the Secretary of Defense,”. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title III, § 333(a)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may use the proceeds from the adjustments or surcharges authorized by subsection (a) to acquire, construct, convert, expand, install, or otherwise improve commissary store facilities at defense installations and for related environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design.” Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title III, § 333(b)(2)], substituted “Secretary of Defense, with the approval of” for “Secretary of a military department, with the approval of the Secretary of Defense and” and “Secretary determines” for “Secretary of the military department determines”. Subsec. (d)(1). Pub. L. 106–398, § 1 [[div. A], title III, § 333(b)(3)], substituted “Secretary of Defense” for “Secretary of a military department”. 1997—Subsecs. (a) to (d). Pub. L. 105–85, § 374(b), inserted subsec. headings. Subsec. (e). Pub. L. 105–85, § 374(a), added subsec. (e). 1994—Subsec. (c). Pub. L. 103–337, § 2851(b), inserted “or (d)” after “subsection (b)” in two places. Subsec. (d). Pub. L. 103–337, § 2851(a), added subsec. (d). 1982—Subsec. (c). Pub. L. 97–321 added subsec. (c). 1977—Subsec. (b). Pub. L. 95–82 struck out “within the United States” after “defense installations”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title III, § 333(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–60, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2001.”