§ 2482. Commissary stores: criteria for establishment or closure; store size

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title VI § 651(a)(3) · 118 Stat. 1811

   Enacted · 10 U.S.C. § 2482

   Added Pub. L. 108–375, div. A, title VI, § 651(a)(3), Oct. 28, 2004, 118 Stat. 1965

   Source evidence

   Code source credit
   Added Pub. L. 108–375, div. A, title VI, § 651(a)(3), Oct. 28, 2004, 118 Stat. 1965

   Enacted provision · exact public law section
   (3) by inserting after the chapter heading the following: “Subchapter “I. Defense Commissary and Exchange Systems “II. Relationship, Continuation, and Common Policies of Defense Commissary and Exchange Systems “III. Morale, Welfare, and Recreation Programs and Nonappropriated Fund Instrumentalities “SUBCHAPTER I— DEFENSE COMMISSARY AND EXCHANGE SYSTEMS “Sec. “2481. Defense commissary and exchange systems: existence and purpose “2482. Commissary stores: criteria for establishment or closure; store size. “2483. Commissary stores: use of appropriated funds to cover operating expenses. “2484. Commissary stores: merchandise that may be sold; uniform surcharges and pricing. “2485. Commissary stores: operation. “§ 2481. Defense commissary and exchange systems: existence and purpose “(a) Separate Systems.— The Secretary of Defense shall operate, in the manner provided by this chapter and other provisions of law, a world-wide system of commissary stores and a separate world-wide system of exchange stores. The stores of each system may sell, at reduced prices, food and other merchandise to members of the uniformed services on active duty, members of the uniformed services entitled to retired pay, dependents of such members, and persons authorized to use the system under chapter 54 of this title. “(b) Purpose of Systems.— The defense commissary system and the exchange system are intended to enhance the quality of life of members of the uniformed services, retired members, and dependents of such members, and to support military readiness, recruitment, and retention. “(c) Oversight.— (1) The Secretary of Defense shall designate a senior official of the Department of Defense to oversee the operation of both the defense commissary system and the exchange system. “(2) The Secretary of Defense shall establish an executive governing body to provide advice to the senior official designated under paragraph (1) regarding the operation of the defense commissary and exchange systems and to ensure the complementary operation of the systems. “(d) Reduced Prices Defined.— In this section, the term ‘reduced prices’ means prices for food and other merchandise determined using the price setting process specified in section 2484 of this title. “§ 2482. Commissary stores: criteria for establishment or closure; store size “(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 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.” ;

2. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title X § 1064(6) · 125 Stat. 1298

   Inserted · 10 U.S.C. § 2482(d)(1)

   Pub. L. 112–81 inserted “in the United States” after “commissary store”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 112–81 inserted “in the United States” after “commissary store”.

   Enacted provision · exact public law section
   (6) Section 2482(d)(1) is amended by inserting “in the United States” after “commissary store”.

2 of 2 references resolved to an enrolled provision