Browse Arkansas Code titles and sections
10 U.S.C. § 2489 — Overseas commissary and exchange stores: access and purchase restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Establish Restrictions.—** The Secretary of Defense may establish restrictions on the ability of eligible patrons of commissary and exchange stores located outside of the United States to purchase certain merchandise items (or the quantity of certain merchandise items) otherwise included within an authorized merchandise category if the Secretary determines that such restrictions are necessary to prevent the resale of such merchandise in violation of treaty obligations of the United States or host nation laws (to the extent such laws are not inconsistent with United States laws).
**(b) Limitations on Use of Authority.—** In establishing a quantity or other restriction, the Secretary—
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2489
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 61388d9d8716352e22ca91063721a5bd1c601782db564c6b909d9f128d050c8b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0cd9b6c2dafc40fb7a282924
Source file: Laws/federal/codes/united-states-code/title-10/section-2489-overseas-commissary-and-exchange-stores-access-and-purchase-restrictions--819e48f51e.md
Pages: Not recorded – Not recorded
Passage SHA-256: a15232ecafe3f21471cde0da065fd0ef60c56dc53796abd06948b04e07ae1c44
Source location: Title 10, Chapter 147, § 2489; chapter-147-commissaries-and-exchanges-and-other-morale-welfare-and-recreation-activities.md
Stored source content
**(a) Authority to Establish Restrictions.—** The Secretary of Defense may establish restrictions on the ability of eligible patrons of commissary and exchange stores located outside of the United States to purchase certain merchandise items (or the quantity of certain merchandise items) otherwise included within an authorized merchandise category if the Secretary determines that such restrictions are necessary to prevent the resale of such merchandise in violation of treaty obligations of the United States or host nation laws (to the extent such laws are not inconsistent with United States laws).
**(b) Limitations on Use of Authority.—** In establishing a quantity or other restriction, the Secretary—
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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—
(1) 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; or
(2) to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2492
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulation of Management and Use of Nonappropriated Funds.—** The Secretary of Defense shall prescribe regulations governing—
(1) the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and
(2) the financial management of such funds to prevent waste, loss, or unauthorized use.
**(b) Penalties for Violations.—**
(1) A civilian employee of the Department of Defense who is paid from nonappropriated funds and who commits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appropriated funds. The Secretary of Defense shall prescribe regulations to carry out this paragraph.
(2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chapter 47 of this title (the Uniform Code of Military Justice) is punishable as a violation of [section 892 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section892&num=0&edition=prelim) (article 92 of the Uniform Code of Military Justice).
**(c) Notification of Violations.—**
(1) A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appropriated funds), and a member of the armed forces, whose duties include the obligation of nonappropriated funds, shall notify the Secretary of Defense of information which the person reasonably believes evidences—
(A) a violation by another person of any law, rule, or regulation regarding the management of such funds; or
(B) other mismanagement or gross waste of su
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2783
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense shall ensure that each nonappropriated-fund activity engaged principally in selling alcoholic beverage products in a packaged form (commonly referred to as a “package store”) that is located at a military installation outside the United States shall give appropriate treatment with respect to wines produced in the United States to ensure that such wines are given, in general, an equitable distribution, selection, and price when compared with wines produced by the host nation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2495a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(b) Prohibition of Officially Provided Sexually Explicit Material.—** A member of the armed forces or a civilian officer or employee of the Department of Defense acting in an official capacity may not provide for sale, remuneration, or rental sexually explicit material to another person.
**(c) Resale Activities Review Board.—**
(1) The Secretary of Defense shall establish a nine-member board to make recommendations to the Secretary regarding whether material sold or rented, or proposed for sale or rental, on property under the jurisdiction of the Department of Defense is barred from sale or rental by subsection (a).
(2)
(A) The Secretary of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system.
(B) The Secretary of each of the military departments shall appoint one member of the board.
(C) A vacancy on the board shall be filled in the same manner as the original appointment.
(3) The Secretary of Defense may detail persons to serve as staff for the board. At a minimum, the Secretary shall ensure that the board is assisted at meetings by military resale and legal advisors.
(4) The recommendations made by the board under paragraph (1) shall be
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2495b
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Appropriations for the Department of Defense may be used for utility services for buildings constructed at private cost, as authorized by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2868
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense may authorize a nonappropriated fund instrumentality to operate a military exchange and a commissary store as a combined exchange and commissary store on a military installation.
**(b) Limitations.—**
(1) Not more than ten combined exchange and commissary stores may be operated pursuant to this section.
(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) Operation at Carswell Field.—** Combined exchange and commissary stores operated under this section shall include the combined exchange and commissary store that is operated at the Naval Air Station Fort Worth, Joint Reserve Center, Carswell Field, Texas, under the authority provided in section 375 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2736).
**(d) Adjustments and Surcharges.—** Adjustments to, and surcharges on, the sales price of a grocery food item sold in a combined exchange and commissary store under this section shall be provided for in accordance with the same laws that govern such adjustments and surcharges for items sold in a commissary store of the Defense Commissary Agency.
**(e) Use of Appropriated Funds.—**
(1) If a nonappropriated fund instrumentality incurs a loss in operating a combined exchange and commissary store at a military installation under this section as a result
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2488
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Separate Operation of Systems.—**
(1) Except as provided in paragraph (2), the defense commissary system and the exchange stores system shall be operated as separate systems of the Department of Defense.
(2) Paragraph (1) does not apply to the following:
(A) Combined exchange and commissary stores operated under the authority provided by [section 2489 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2489&num=0&edition=prelim).
(B) NEXMART stores of the Navy Exchange Service Command established before October 1, 2003.
**(b) Consolidation or Other Organizational Changes of Defense Retail Systems.—**
(1) The operation and administration of the defense retail systems may not be consolidated or otherwise merged unless the consolidation or merger is specifically authorized by an Act of Congress.
(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) Common Business Practices.—**
(1) Notwithstanding subsections (a) and (b), the Secretary of Defense may establish common business processes, practices, and systems—
(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 e
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2487
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1973
TITLE 10—ARMED FORCES
§ 2489
this section as a result of the requirement set
forth in subsection (d), the Secretary may au-
thorize a transfer of funds available for the De-
fense
Commissary
Agency
to
the
non-
appropriated fund instrumentality to offset the
loss.
(2) The total amount of appropriated funds
transferred during a fiscal year to support the
operation of a combined exchange and com-
missary store at a military installation under
this section may not exceed an amount that is
equal to 25 percent of the amount of appro-
priated funds that was provided for the oper-
ation of the commissary store of the Defense
Commissary Agency on that installation during
the last full fiscal year of operation of that com-
missary store.
(f) NONAPPROPRIATED FUND INSTRUMENTALITY
DEFINED.—In this section, the term ‘‘non-
appropriated fund instrumentality’’ means the
Army and Air Force Exchange Service, Navy Ex-
change Service Command, Marine Corps ex-
changes, or any other instrumentality of the
United States under the jurisdiction of the
armed forces which is conducted for the com-
fort, pleasure, contentment, or physical or men-
tal improvement of members of the armed
forces.
(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),
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2489
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.