Pub. L. 103-337, div. B, tit. XXVIII, subtit. E, sec. 2881
JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITY FACILITIES.
SEC. 2881. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITY FACILITIES. (a) Single Contract Construction.— Section 2685 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) (1) The Secretary of a military department may authorize a nonappropriated fund instrumentality of the United States to enter into a contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. The Secretary may use the proceeds of adjustments or surcharges authorized by subsection (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 the contractor directly for that portion of such cost. “(2) In paragraph (1), the term ‘construction’, with respect to a facility, includes acquisition, conversion, expansion, installation, or other improvement of the facility”. (b) Obligation of Anticipated Proceeds.— Subsection (c) of such section is amended by inserting “or (d)” after “subsection (b)” both places it appears.