10 U.S.C. § 2495a — Overseas package stores: treatment of

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. Pub. L. 100–202, § 101(b) [title VIII, § 8081], Dec. 22, 1987, 101 Stat. 1329–43, 1329–76. Pub. L. 99–500, § 101(c) [title IX, § 9090], Oct. 18, 1986, 100 Stat. 1783–82, 1783–116, and Pub. L. 99–591, § 101(c) [title IX, § 9090], Oct. 30, 1986, 100 Stat. 3341–82, 3341–116. Pub. L. 99–190, § 101(b) [title VIII, § 8099], Dec. 19, 1985, 99 Stat. 1185, 1219. § 2495a. Overseas package stores: treatment of United States wines The Secretary of Defense shall ensure that each nonappropriated-fund activity engaged principally in selling alcoholic beverage prod- ucts in a packaged form (commonly referred to as a ‘‘package store’’) that is located at a mili- tary 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 equi- table distribution, selection, and price when compared with wines produced by the host na- tion. (Added Pub. L. 100–180, div. A, title III, § 311(a)(1), Dec. 4, 1987, 101 Stat. 1073, § 2489; re- numbered § 2495a, Pub. L. 108–375, div. A, title VI, § 651(b)(2), (c)(5), Oct. 28, 2004, 118 Stat. 1971, 1972.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2489 of this title as this section. Statutory Notes and Related Subsidiaries REGULATIONS DEADLINE Pub. L. 100–180, div. A, title III, § 311(b), Dec. 4, 1987, 101 Stat. 1073, directed Secretary of Defense to pre- scribe regulations to implement this section not later than 90 days after Dec. 4, 1987. § 2495b. Sale or rental of sexually explicit mate- rial prohibited (a) PROHIBITION OF SALE OR RENTAL.—The Sec- retary of Defense may not permit the sale or rental of sexually explicit material on property under the jurisdiction of the Department of De- fense. (b) PROHIBITION OF OFFICIALLY PROVIDED SEXU- ALLY 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, remunera- tion, or rental sexually explicit material to an- other 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 prop- erty under the jurisdiction of the Department of Defense is barred from sale or rental by sub- section (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 de- fense commissary system and the exchange sys- tem. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this sub- paragraph shall be a person with experience managing or advocating for military family pro- grams and who is also an eligible patron of the defense commissary system and the exchange system. (B) The Secretary of each of the military de- partments 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 per- sons to serve as staff for the board. At a min- imum, 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 pub- licize the availability of such recommendations by such means as the Secretary considers appro- priate. (5) Members of the board shall be allowed trav- el expense, including per diem in lieu of subsist- ence, at rates authorized for employees of agen- cies 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 re-