PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2489
- § 2482a. Nonappropriated fund instrumentalities: contracts
with other agencies and instrumentalities to provide and obtain goods and services "An agency or instrumentality of the Department of Defense that supports the operation of the exchange system, or the operation of a morale, welfare, and recreation system, of the Department of Defense may enter into a contract or other agreement with another element of the Department of Defense or with another Federal department, agency, or instrumentality to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2482 the following new item: "2482a. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services.". (b) CONFORMING AMENDMENT REGARDING COMMISSARY SYS- TEM. —Section 2482(b)(1) of such title is amended by striking out "another department" and all that follows through "provide services" and inserting in lieu thereof "another element of the Department of Defense or with another Federal department, agency, or instrumentality to provide or obtain services". SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL ITEMS FOR RESALE IN COMMISSARY STORES. (a) CLARIFICATION OF EXCEPTION TO COMPETITIVE PROCURE- MENT. —Section 2486 of title 10, United States Code, is amended by adding at the end the following new subsection: "(e) The Secretary of Defense may not use the exception provided in section 2304(c)(5) of this title regarding the procurement of a brand-name commercial item for resale in commissary stores unless the commercial item is regularly sold outside of commissary stores under the same brand name as the name by which the commercial item will be sold in commissary stores.". (b) EFFECT ON EXISTING CONTRACTS OR OTHER AGREEMENTS.— lo use 2486 Section 2486(e) of title 10, United States Code, as added by sub- note, section (a), shall not affect the terms, conditions, or duration of any contract or other agreement entered into by the Secretary of Defense before the date of the enactment of this Act for the procurement of commercial items for resale in commissary stores. SEC. 343. PROfflBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT MATERIAL. (a) IN GENERAL. —(1) Chapter 147 of title 10, United States Code, is amended by inserting after section 2489 the following new section: ^§ 2489a. Sale or rental of sexually explicit material prohibited "(a) PROHIBITION OF SALE OR RENTAL. — The Secretary of Defense may not permit the sale or rental of sexually explicit material on property under the jurisdiction of the Department of Defense.
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