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10 U.S.C. § 2643 — Commissary and exchange services: transportation overseas

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2643 — Commissary and exchange services: transportation overseas

**(a) Transportation Options.—** The Secretary of Defense shall authorize the officials responsible for operation of commissaries and military exchanges to negotiate directly with private carriers for the most cost-effective transportation of commissary and exchange supplies to destinations outside the continental United States without relying on the Air Mobility Command, the Military Sealift Command, or the Military Traffic Management Command. [Section 2631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim), regarding the preference for vessels of the United States or belonging to the United States in the transportation of supplies by sea, shall apply to the negotiation of contracts for sea-borne transportation under the authority of this section. **(b) Payment of Transportation Costs.—** [Section 2483(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2483/b/5&num=0&edition=prelim), regarding the use of appropriated funds to cover the expenses of operating commissary stores, shall apply to the transportation of commissary supplies and products. Appropriated funds for the Department of Defense shall also be used to cover the expenses of transporting exchange supplies and products to destinations outside the continental United States. Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title.

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Stable record: federal_law:legal_authorities:record_usc_8e242b8c7a8928af2f64b92d
Source file: Laws/federal/codes/united-states-code/title-10/section-2643-commissary-and-exchange-services-transportation-overseas--2b0d8bd723.md
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Source location: Title 10, Chapter 157, § 2643; chapter-157-transportation.md

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**(a) Transportation Options.—** The Secretary of Defense shall authorize the officials responsible for operation of commissaries and military exchanges to negotiate directly with private carriers for the most cost-effective transportation of commissary and exchange supplies to destinations outside the continental United States without relying on the Air Mobility Command, the Military Sealift Command, or the Military Traffic Management Command. [Section 2631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim), regarding the preference for vessels of the United States or belonging to the United States in the transportation of supplies by sea, shall apply to the negotiation of contracts for sea-borne transportation under the authority of this section. **(b) Payment of Transportation Costs.—** [Section 2483(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2483/b/5&num=0&edition=prelim), regarding the use of appropriated funds to cover the expenses of operating commissary stores, shall apply to the transportation of commissary supplies and products. Appropriated funds for the Department of Defense shall also be used to cover the expenses of transporting exchange supplies and products to destinations outside the continental United States. Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2631 — Preference for United States vessels in transporting supplies by sea

**(a) In General.—** Supplies bought for the Army, Navy, Air Force, Marine Corps, or Space Force, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in— (1) a vessel belonging to the United States; or (2) a vessel of the United States (as such term is defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)). **(b) Waiver and Notification.—** (1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is— (A) not available at a fair and reasonable rate for commercial vessels of the United States; or (B) otherwise not available. (2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver. **(c) Requirements for Reflagging or Repair Work.—** (1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that— (A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and (B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable. (2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary det

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2643 — Commissary and exchange services: trans-

Page 2039 TITLE 10—ARMED FORCES § 2643 in the amendment made by Pub. L. 113–291, § 1044(a)(2)(A), was executed by making the substitution the second place appearing in the quoted language to be stricken by that amendment, to reflect the probable in- tent of Congress. See 2014 Amendment note below. 2014—Pub. L. 113–291, § 1044(c)(1), amended section catchline generally, substituting ‘‘Transportation serv- ices provided to certain non-Department of Defense agencies and entities: use of Department of Defense re- imbursement rate’’ for ‘‘Transportation services pro- vided to certain other agencies: use of Department of Defense reimbursement rate’’. Subsec. (a). Pub. L. 113–291, § 1044(a)(1), substituted ‘‘Subject to subsection (b), the Secretary’’ for ‘‘The Secretary’’ in introductory provisions. Subsec. (a)(3). Pub. L. 113–291, § 1071(g)(4), amended Pub. L. 113–66, § 1073(a)(2)(B). See 2013 Amendment note below. Pub. L. 113–291, § 1071(f)(22), inserted ‘‘and’’ before ‘‘military transportation services provided in support’’. Amendment was executed prior to amendment by Pub. L. 113–291, § 1044(a)(2)(B), see below, pursuant to section 1071(k) of Pub. L. 113–291, set out as a note under sec- tion 101 of this title. Pub. L. 113–291, § 1044(a)(2)(B), substituted ‘‘Depart- ment of Defense’’ for ‘‘Department of Defense and mili- tary transportation services provided in support of for- eign military sales’’. Pub. L. 113–291, § 1044(a)(2)(A), as amended by Pub. L. 115–91, § 1081(f), substituted ‘‘For’’ for ‘‘During the pe- riod beginning on October 28, 2009, and ending on Sep- tember 30, 2019, for’’. See 2017 Amendment note above. Subsec. (a)(4) to (6). Pub. L. 113–291, § 1044(a)(3), added pars. (4) to (6). Subsecs. (b), (c). Pub. L. 113–291, § 1044(b)

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