118 STAT. 1970 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(5) In this subsection, the term ‘commissary trust revolving fund’ means the trust revolving fund maintained by the Department of Defense for surcharge collections and proceeds of sales of com missary stores. ‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALUABLE INFORMA TION TO PUBLIC.—(1) The Secretary of Defense may limit the release to the public of any information described in paragraph (2) if the Secretary determines that it is in the best interest of the Department of Defense to limit the release of such information. If the Secretary determines to limit the release of any such informa tion, the Secretary may provide for limited release of such informa tion in accordance with paragraph (3). ‘‘(2) Paragraph (1) applies to the following: ‘‘(A) Information contained in the computerized business systems of commissary stores or the Defense Commissary Agency that is collected through or in connection with the use of electronic scanners in commissary stores, including the following information: ‘‘(i) Data relating to sales of goods or services. ‘‘(ii) Demographic information on customers. ‘‘(iii) Any other information pertaining to commissary transactions and operations. ‘‘(B) Business programs, systems, and applications (including software) relating to commissary operations that were developed with funding derived from commissary sur charges. ‘‘(3)(A) The Secretary of Defense may, using competitive proce dures, enter into a contract to sell information described in para graph (2). ‘‘(B) The Secretary of Defense may release, without charge, information on an item sold in commissary stores to the manufac turer or producer of that item or an agent of the manufacturer or producer. ‘‘(C) The Secretary of Defense shall establish performance benchmarks and shall submit information on customer satisfaction and performance data to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. ‘‘(D) The Secretary of Defense may, by contract entered into with a business, grant to the business a license to use business programs referred to in paragraph (2)(B), including software used in or comprising any such program. The fee charged for the license shall be based on the costs of similar programs developed and marketed by businesses in the private sector, determined by means of surveys. ‘‘(E) Each contract entered into under this paragraph shall specify the amount to be paid for information released or a license granted under the contract, as the case may be. ‘‘(4) Information described in paragraph (2) may not be released, under paragraph (3) or otherwise, in a form that identifies any customer or that provides information making it possible to identify any customer. ‘‘(5) Amounts received by the Secretary under this section shall be credited to funds derived from commissary surcharges applied under section 2484(e) of this title, shall be merged with those funds, and shall be available for the same purposes as the funds with which merged.’’.
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