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10 U.S.C. § 2495b — Sale or rental of sexually explicit material prohibited
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-2495b-sale-or-rental-of-sexually-explicit-material-prohibited--f836435e8c.md
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Source location: Title 10, Chapter 147, § 2495b; chapter-147-commissaries-and-exchanges-and-other-morale-welfare-and-recreation-activities.md
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**(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 made available to the public. The Secretary of Defense shall publicize the availability of such recommendations by such means as the Secretary considers appropriate.
(5) Members of the board shall be allowed travel expense, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the board.
**(d) Regulations.—** The Secretary of Defense shall prescribe regulations to implement this section.
**(e) Definitions.—** In this section:
(1) The term “sexually explicit material” means an audio recording, a film or video recording, or a periodical with visual depictions, produced in any medium, the dominant theme of which depicts or describes nudity, including sexual or excretory activities or organs, in a lascivious way.
(2) The term “property under the jurisdiction of the Department of Defense” includes commissaries, all facilities operated by the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Navy Resale and Services Support Office, Marine Corps exchanges, and ships’ stores.
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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
Page 1979
TITLE 10—ARMED FORCES
§ 2495b
propriated by div. A of Pub. L. 109–148 were to be used
for the support of any nonappropriated funds activity
of the Department of Defense that procured malt bev-
erages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink)
on a military installation located in the United States
unless such malt beverages and wine were procured
within that State, or in the case of the District of Co-
lumbia, within the District of Columbia, in which the
military installation was located, was from the Depart-
ment of Defense Appropriations Act, 2006, and was re-
peated in provisions of subsequent appropriations acts
which are not set out in the Code. Similar provisions
were contained in the following prior appropriations
acts:
Pub. L. 108–287, title VIII, § 8087, Aug. 5, 2004, 118 Stat.
991.
Pub. L. 108–87, title VIII, § 8088, Sept. 30, 2003, 117 Stat.
1093.
Pub. L. 107–248, title VIII, § 8092, Oct. 23, 2002, 116 Stat.
1558.
Pub. L. 107–117, div. A, title VIII, § 8108, Jan. 10, 2002,
115 Stat. 2271.
Pub. L. 106–259, title VIII, § 8108, Aug. 9, 2000, 114 Stat.
698.
Pub. L. 106–79, title VIII, § 8132, Oct. 25, 1999, 113 Stat.
1266.
Pub. L. 104–61, title VIII, § 8055, Dec. 1, 1995, 109 Stat.
662.
Pub. L. 103–335, title VIII, § 8058A, Sept. 30, 1994, 108
Stat. 2632.
Pub. L. 103–139, title VIII, § 8099A, Nov. 11, 1993, 107
Stat. 1462.
Pub. L. 102–396, title IX, § 9114, Oct. 6, 1992, 106 Stat.
1929.
Pub. L. 102–172, title VIII, § 8111A, Nov. 26, 1991, 105
Stat. 1200.
Pub. L. 101–511, title VIII, § 8068, Nov. 5, 1990, 104 Stat.
1889.
Pub. L. 101–165, title IX, § 9093, Nov. 21, 1989, 103 Stat.
1149.
Pub. L. 100–463, title VIII, § 8122, Oct. 1, 1988, 102 Stat.
2270–40.
P
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2495b
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