118 STAT. 1966 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(c) CLOSURE CONSIDERATIONS.—(1) Whenever assessing whether to close a commissary store, the effect of the closure on the quality of life of members and dependents referred to in sub section (a) who use the store and on the welfare and security of the military community in which the commissary is located shall be a primary consideration. ‘‘(2) Whenever assessing whether to close a commissary store, the Secretary of Defense shall also consider the effect of the closure on the quality of life of members of the reserve components of the armed forces. ‘‘(d) CONGRESSIONAL NOTIFICATION.—(1) The closure of a com missary store shall not take effect until the end of the 90 day period beginning on the date on which the Secretary of Defense submits to Congress written notice of the reasons supporting the closure. The written notice shall include an assessment of the impact closure will have on the quality of life for military patrons and the welfare and security of the military community in which the commissary is located. ‘‘(2) Paragraph (1) shall not apply in the case of the closure of a commissary store as part of the closure of a military installation under a base closure law.’’; (4) by inserting sections 2483 and 2484, as redesignated by paragraph (2), after section 2482, as added by paragraph (3); (5) in section 2484, as redesignated by paragraph (2)— (A) by striking subsections (a), (b), (c), and (g); (B) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (C) by inserting before subsection (f), as so redesig nated, the following new subsections: ‘‘(a) IN GENERAL.—As provided in section 2481(a) of this title, commissary stores are intended to be similar to commercial grocery stores and may sell merchandise similar to that sold in commercial grocery stores. ‘‘(b) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.— Merchandise sold in, at, or by commissary stores may include items in the following categories: ‘‘(1) Meat, poultry, seafood, and fresh water fish. ‘‘(2) Nonalcoholic beverages. ‘‘(3) Produce. ‘‘(4) Grocery food, whether stored chilled, frozen, or at room temperature. ‘‘(5) Dairy products. ‘‘(6) Bakery and delicatessen items. ‘‘(7) Nonfood grocery items. ‘‘(8) Tobacco products. ‘‘(9) Health and beauty aids. ‘‘(10) Magazines and periodicals. ‘‘(c) INCLUSION OF OTHER MERCHANDISE ITEMS.—(1) The Sec retary of Defense may authorize the sale in, at, or by commissary stores of merchandise not covered by a category specified in sub section (b). The Secretary shall notify Congress of all merchandise authorized for sale pursuant to this paragraph, as well as the removal of any such authorization. ‘‘(2) Notwithstanding paragraph (1), the Department of Defense military resale system shall continue to maintain the exclusive Notification.
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