Ill STAT. 1706 PUBLIC LAW 105-85 —NOV. 18, 1997 (d) CONFORMING AMENDMENTS. —(1) Section 2534(d) of title 10, United States Code, is amended by striking out "section 2491(1)" both places it appears and inserting in lieu thereof "section 2500(1)". (2) Section 2865(b)(2) of such title is amended by striking out "section 2483(b)(2)" and inserting in lieu thereof "section 2867(b)(2)". SEC. 372. MERCHANDISE AND PRICING REQUIREMENTS FOR COM- MISSARY STORES. (a) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—Subsection (b) of section 2486 of title 10, United States Code, is amended— (1) by striking out the matter preceding paragraph (1) and inserting in lieu thereof the following: "(b) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—Merchandise sold in, at, or by commissary stores may include items only in the following categories:"; and (2) by striking out paragraph (11) and inserting in lieu thereof the following new paragraph: Reports. "(11) Such other merchandise categories as the Secretary of Defense may prescribe, except that the Secretary shall submit to Congress, not later than March 1 of each year, a report describing— "(A) any addition of, or change in, a merchandise category proposed to be made under this paragraph during the one-year period beginning on that date; and "(B) those additions and changes in merchandise categories actually made during the preceding one-year period.", (b) CODIFICATION OF UNIFORM SALES PRICE SURCHARGE OR ADJUSTMENT.—Subsection (c) of such section is amended— (1) by inserting "UNIFORM SALES PRICE SURCHARGE OR ADJUSTMENT.— " after "(c)"; (2) by striking out "in commissary stores." and inserting in lieu thereof "in, at, or by commissary stores."; and (3) by adding at the end the following new sentence: "Effective on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, the uniform percentage shall be equal to five percent and may not be changed except by a law enacted after such date.". (c) ESTABLISHMENT OF SALES PRICE; CONGRESSIONAL NOTIFICA- TION.—Subsection (d) of such section is amended to read as follows: " (d) SALES PRICE ESTABLISHMENT.—(1) The Secretary of Defense shall establish the sales price of each item of merchandise sold in, at, or by commissary stores at the level that will recoup the actual product cost of the item (consistent with this section and sections 2484 and 2685 of this title). "(2) Any change in the pricing policies for merchandise sold in, at, or by commissary stores shall not take effect until the Secretary of Defense submits written notice of the proposed change to Congress and a period of 90 days of continuous session of Congress expires following the date on which notice was received. For purposes of this paragraph, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment or recess of more than three days to a day certain are excluded in a computation of such 90-day period.".
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