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10 U.S.C. § 2492 — Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services
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.
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Stable record: federal_law:legal_authorities:record_usc_0f2b135bf1cd582764b80677
Source file: Laws/federal/codes/united-states-code/title-10/section-2492-nonappropriated-fund-instrumentalities-contracts-with-other-agencies-and--9a74493fd5.md
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Source location: Title 10, Chapter 147, § 2492; chapter-147-commissaries-and-exchanges-and-other-morale-welfare-and-recreation-activities.md
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Primary Consideration for Establishment.—** The needs of members of the armed forces on active duty and the needs of dependents of such members shall be the primary consideration whenever the Secretary of Defense—
(1) assesses the need to establish a commissary store; and
(2) selects the actual location for the store.
**(b) Store Size.—** In determining the size of a commissary store, the Secretary of Defense shall take into consideration the number of all authorized patrons of the defense commissary system who are likely to use the store.
**(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 subsection (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 commissary store in the United States 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2482
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation.—**
(1) Notwithstanding [section 2492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2492&num=0&edition=prelim), the Secretary of Defense may not authorize a Department of Defense entity to offer or provide personal information services directly to users using Department resources, personnel, or equipment, or compete for contracts to provide such personal information services directly to users, if users will be charged a fee for the personal information services to recover the cost incurred to provide the services or to earn a profit.
(2) The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of Department resources, personnel, or equipment to administer or facilitate personal information services contracts with private contractors.
**(b) Exceptions.—** The limitation in subsection (a) shall not apply if the Secretary of Defense determines that—
(1) a private sector vendor is not available to provide the personal information services at specific locations;
(2) the interests of the user population would be best served by allowing the Government to provide such services; or
(3) circumstances (as specified by the Secretary for purposes of this section) are such that the provision of such services by a Department entity is in the best interest of the Government or military users in general.
**(c) Personal Information Services Defined.—** In this section, the term “personal information services” means the provision of Internet, telephone, or television services to consumers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2492a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1975
TITLE 10—ARMED FORCES
§ 2492
funds to the status of an employee of a non-
appropriated fund instrumentality shall be with-
out a break in service for the concerned em-
ployee. The conversion shall not entitle an em-
ployee to severance pay, back pay or separation
pay under subchapter IX of chapter 55 of title 5,
or be considered an involuntary separation or
other adverse personnel action entitling an em-
ployee to any right or benefit under such title or
any other provision of law or regulation.
(4) In this subsection, the term ‘‘an employee
of a nonappropriated fund instrumentality’’
means an employee described in section 2105(c)
of title 5.
(Added Pub. L. 107–314, div. A, title III, § 323(a),
Dec. 2, 2002, 116 Stat. 2510, § 2494; renumbered
§ 2491, Pub. L. 108–375, div. A, title VI, § 651(c)(2),
Oct. 28, 2004, 118 Stat. 1972.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2491 was renumbered section 4801 of
this title.
AMENDMENTS
2004—Pub. L. 108–375 renumbered section 2494 of this
title as this section.
§ 2491a. Department of Defense golf courses: limi-
tation on use of appropriated funds
(a) LIMITATION.—Except as provided in sub-
section (b), funds appropriated to the Depart-
ment of Defense may not be used to equip, oper-
ate, or maintain a golf course at a facility or in-
stallation of the Department of Defense.
(b) EXCEPTIONS.—(1) Subsection (a) does not
apply to a golf course at a facility or installa-
tion outside the United States or at a facility or
installation inside the United States at a loca-
tion designated by the Secretary of Defense as a
remote and isolated location.
(2) The Secretary of Defense shall prescribe
regulations governing the use of appropriated
funds under this subsection.
(Added Pub. L. 103–160, di
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2492
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