10 USC Subtitle A, PART IV, CHAPTER 147, SUBCHAPTER II: RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
From Title 10—ARMED FORCESSubtitle A—General Military LawPART IV—SERVICE, SUPPLY, AND PROPERTYCHAPTER 147—COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES
SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
Sec.
2487.
Relationship between defense commissary system and exchange stores system.
2488.
Combined exchange and commissary stores.
2489.
Overseas commissary and exchange stores: access and purchase restrictions.
Editorial Notes
Amendments
2004—Pub. L. 108–375, div. A, title VI, §651(b)(1), Oct. 28, 2004, 118 Stat. 1971, added subchapter heading and items 2487 to 2489.
§2487. Relationship between defense commissary system and exchange stores system
(a)
(2) Paragraph (1) does not apply to the following:
(A) Combined exchange and commissary stores operated under the authority provided by
(B) NEXMART stores of the Navy Exchange Service Command established before October 1, 2003.
(b)
(2) In this subsection, the term "defense retail systems" means the defense commissary system and exchange stores system and other revenue-generating facilities operated by nonappropriated fund instrumentalities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
(c)
(A) to exploit synergies between the defense commissary system and the exchange system; and
(B) to optimize the operations of the defense retail systems as a whole and the benefits provided by the commissaries and exchanges.
(2) The Secretary may authorize the defense commissary system and the exchange system to enter into contracts or other agreements—
(A) for products and services that are shared by the defense commissary system and the exchange system; and
(B) for the acquisition of supplies, resale goods, and services on behalf of both the defense commissary system and the exchange system.
(3) For the purpose of a contract or agreement authorized under paragraph (2), the Secretary may—
(A) use funds appropriated pursuant to
(B) authorize the defense commissary system to accept reimbursem*nt from a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the defense commissary system that is attributable to the nonappropriated fund entity or instrumentality.
(d)
(Added Pub. L. 108–375, div. A, title VI, §651(b)(1), Oct. 28, 2004, 118 Stat. 1971; amended Pub. L. 112–81, div. A, title VI, §642, Dec. 31, 2011, 125 Stat. 1466; Pub. L. 114–328, div. A, title VI, §661(d), Dec. 23, 2016, 130 Stat. 2171.)
Editorial Notes
Prior Provisions
A prior section 2487, added Pub. L. 99–661, div. A, title III, §313(a), Nov. 14, 1986, 100 Stat. 3852; amended Pub. L. 102–484, div. A, title III, §364(a), (b)(2), Oct. 23, 1992, 106 Stat. 2381, 2382; Pub. L. 104–106, div. A, title III, §332, Feb. 10, 1996, 110 Stat. 260; Pub. L. 107–107, div. A, title III, §333(a), Dec. 28, 2001, 115 Stat. 1058, related to release of certain commercially valuable information to the public by the Secretary of Defense with respect to commissary stores, prior to repeal by Pub. L. 108–375, div. A, title VI, §651(a)(1), Oct. 28, 2004, 118 Stat. 1964.
Amendments
2016—Subsecs. (c), (d).
2011—Subsec. (c).
§2488. Combined exchange and commissary stores
(a)
(b)
(2) The Secretary may select a military installation for the operation of a combined exchange and commissary store under this section only if—
(A) the installation is to be closed, or has been or is to be realigned, under a base closure law; or
(B) a military exchange and a commissary store are operated at the installation by separate entities at the time of, or immediately before, such selection and it is not economically feasible to continue that separate operation.
(c)
(d)
(e)
(2) The total amount of appropriated funds transferred during a fiscal year to support the operation of a combined exchange and commissary store at a military installation under this section may not exceed an amount that is equal to 25 percent of the amount of appropriated funds that was provided for the operation of the commissary store of the Defense Commissary Agency on that installation during the last full fiscal year of operation of that commissary store.
(f)
(Added Pub. L. 104–106, div. A, title III, §336(a)(1), Feb. 10, 1996, 110 Stat. 263, §2490a; amended Pub. L. 105–85, div. A, title X, §1061(d), Nov. 18, 1997, 111 Stat. 1891; Pub. L. 108–136, div. A, title X, §1043(c)(2), Nov. 24, 2003, 117 Stat. 1611; renumbered §2488, Pub. L. 108–375, div. A, title VI, §651(b)(3), Oct. 28, 2004, 118 Stat. 1971; Pub. L. 111–383, div. A, title X, §1075(b)(37), Jan. 7, 2011, 124 Stat. 4371.)
Editorial Notes
References in Text
Section 375 of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (c), is section 375 of Pub. L. 103–337, div. A, title III, Oct. 5, 1994, 108 Stat. 2736, as amended, which is not classified to the Code.
Prior Provisions
A prior section 2488 was renumbered
Amendments
2011—Subsec. (f).
2004—
2003—Subsec. (f).
"(1) The term"
and struck out par. (2) which read as follows: "The term 'base closure law' has the meaning given such term by
1997—Subsec. (f)(2).
§2489. Overseas commissary and exchange stores: access and purchase restrictions
(a)
(b)
(1) may not discriminate among the various categories of eligible patrons of the commissary and exchange system; and
(2) shall ensure that the restriction is consistent with the purpose of the overseas commissary and exchange system to provide reasonable access for eligible patrons to purchase merchandise items made in the United States.
(Added Pub. L. 105–261, div. A, title III, §365(a), Oct. 17, 1998, 112 Stat. 1986, §2492; amended Pub. L. 106–65, div. A, title X, §1066(a)(22), Oct. 5, 1999, 113 Stat. 771; Pub. L. 107–314, div. A, title X, §1041(a)(15), Dec. 2, 2002, 116 Stat. 2645; renumbered §2489, Pub. L. 108–375, div. A, title VI, §651(b)(3), Oct. 28, 2004, 118 Stat. 1971; Pub. L. 112–239, div. A, title VI, §651, Jan. 2, 2013, 126 Stat. 1783.)
Editorial Notes
Prior Provisions
A prior section 2489 was renumbered
A prior section 2489a was renumbered
A prior section 2490 was renumbered
A prior section 2490a was renumbered
Another prior section 2490a was renumbered
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (c).
2004—
2002—Subsec. (c).
1999—Subsec. (b).