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Title 10 — Armed Forces

Part IV · Chapter 147 — Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities

§ 2483. Commissary stores: use of appropriated funds to cover operating expenses

Statutory text

(a)

Operation of Agency and System.—

Except as otherwise provided in this title, the operation of the Defense Commissary Agency and the defense commissary system shall be funded using such amounts as are appropriated for such purpose.

(b)

Operating Expenses of Commissary Stores.—

Appropriated funds shall be used to cover the expenses of operating commissary stores and central product processing facilities of the defense commissary system. For purposes of this subsection, operating expenses include the following:

(1)

Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations.

(2)

Utilities.

(3)

Communications.

(4)

Operating supplies and services.

(5)

Second destination transportation costs within or outside the United States.

(6)

Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs.

(7)

Advertising of commissary sales on materials available within commissary stores and at other on-base locations.

(c)

Supplemental Funds for Commissary Operations.—

Amounts appropriated to cover the expenses of operating the Defense Commissary Agency and the defense commissary system may be supplemented with additional funds from manufacturers’ coupon redemption fees, handling fees for tobacco products, and other amounts received as reimbursement for other support activities provided by commissary activities. Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.

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. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1401(i)(1) · 98 Stat. 2492

    Enacted · 10 U.S.C. § 2483

    Added Pub. L. 98–525, title XIV, § 1401(i)(1), Oct. 19, 1984, 98 Stat. 2619, § 2484

    Source evidence

    Code source credit
    Added Pub. L. 98–525, title XIV, § 1401(i)(1), Oct. 19, 1984, 98 Stat. 2619, § 2484

    Enacted provision · exact public law section
    (1) Chapter 147 of such title is amended by adding at the end thereof the following new section: “§ 2484. Commissary stores: expenses “(a) Except to the extent authorized in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense and except as provided in subsection (b), funds available to the Department of Defense may not be used to pay, in connection with the operation of any commissary store— “(1) the cost of purchases (including commercial transportation in the United States to the place of sale) and the cost of maintenance of operating equipment and supplies; “(2) the actual or estimated cost of utilities furnished by the United States; “(3) the actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of the commissary store; or “(4) costs incurred in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons by the commissary store (or other entity acting on behalf of the commissary store). “(b) Appropriated funds may be used to pay any costs described in subsection (a) but only to the extent that appropriation accounts used to pay such costs are reimbursed for the payment of such costs, including, in the case of any costs incurred in connection with discount coupons referred to in subsection (a)(4), all fees or moneys received for handling or processing such coupons. The sales prices in commissary stores shall be adjusted to the extent necessary to provide sufficient gross revenues from the sales of such stores to make such reimbursements. Such adjustments shall be made under regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense. “(c) Under retaliations prescribed by the Secretary of Defense, utilities may be furnished without cost to a commissary store outside the United States or in Alaska or Hawaii. “(d) Transportation outside the United States may be furnished in connection with the operation of commissary stores outside the United States.”.

  2. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Amended · 10 U.S.C. § 2483

    Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (d) providing that funds available to the Department of Defense could be used to pay for certain costs in connection with the operation of commissary stores only on a reimbursable basis and allowed transportation and utilities to be furnished for the operation of those stores outside of the United States or in Alaska and Hawaii

    Source evidence

    Code amendment note
    Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (d) providing that funds available to the Department of Defense could be used to pay for certain costs in connection with the operation of commissary stores only on a reimbursable basis and allowed transportation and utilities to be furnished for the operation of those stores outside of the United States or in Alaska and Hawaii.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title III, § 331(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–59, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2001.”

  3. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 654(a)(1) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2483(a)

    Pub. L. 108–136, § 654(a)(1), substituted “shall” for “may”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 654(a)(1), substituted “shall” for “may”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “may” and inserting “shall”; and

  4. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 654(a)(2) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2483(b)

    Pub. L. 108–136, § 654(a)(2), substituted “shall” for “may” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–136, § 654(a)(2), substituted “shall” for “may” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “may” in the first sentence and inserting “shall”.

  5. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 654(b) · 117 Stat. 1392

    Added · 10 U.S.C. § 2483(c)

    Pub. L. 108–136, § 654(b), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–136, § 654(b), added subsec. (c).

    Enacted provision · exact public law section
    (b) Supplemental Funds for Commissary Operations.— Such section is further amended by adding at the end the following new subsection: “(c) Supplemental Funds for Commissary Operations.— Amounts appropriated to cover the expenses of operating the Defense Commissary Agency and the defense commissary system may be supplemented with additional funds from manufacturers’ coupon redemption fees, handling fees for tobacco products, and other amounts received as reimbursement for other support activities provided by commissary activities.” .

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

    Pub. L. 108–375 div. A title VI § 651(a)(2) · 118 Stat. 1811

    Changed · 10 U.S.C. § 2483

    Pub. L. 108–375 renumbered section 2484 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 108–375 renumbered section 2484 of this title as this section.

    Enacted provision · exact public law section
    (2) by redesignating sections 2482, 2484, and 2486 as sections 2485, 2483 and 2484, respectively;

  7. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VI § 661(b) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 2483(c)

    Pub. L. 114–328 inserted at end “Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–328 inserted at end “Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.”

    Enacted provision · exact public law section
    (b) Authorization to Supplement Appropriations Through Business Optimization.— Section 2483(c) of such title is amended by adding at the end the following new sentence: “Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.”.

  8. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title VI § 631(d) · 133 Stat. 1198

    Added · 10 U.S.C. § 2483(b)(7)

    Pub. L. 116–92 added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 116–92 added par. (7).

    Enacted provision · exact public law section
    (d) Inclusion of Advertising in Operating Expenses of Commissary Stores.— Section 2483(b) of title 10, United States Code, is amended by adding at the end the following paragraph: “(7) Advertising of commissary sales on materials available within commissary stores and at other on-base locations.” .

8 of 8 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 2483, added Pub. L. 107–107, div. A, title III, § 332(a), , 115 Stat. 1058, related to reimbursement for use of commissary facilities by military departments, prior to repeal by Pub. L. 108–375, div. A, title VI, § 651(a)(1), , 118 Stat. 1964.

Another prior section 2483 was renumbered section 2916 of this title.

Provisions similar to those in this section were contained in the following appropriation acts:

, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8010], 98 Stat. 1904, 1924.

, Pub. L. 98–212, title VII, § 713, 97 Stat. 1440.

, Pub. L. 97–377, title I, § 101(c) [title VII, § 714], 96 Stat. 1833, 1852.

, Pub. L. 97–114, title VII, § 714, 95 Stat. 1580.

, Pub. L. 96–527, title VII, § 715, 94 Stat. 3083.

, Pub. L. 96–154, title VII, § 715, 93 Stat. 1155.

, Pub. L. 95–457, title VIII, § 815, 92 Stat. 1246.

, Pub. L. 95–111, title VIII, § 814, 91 Stat. 902.

, Pub. L. 94–419, title VII, § 714, 90 Stat. 1293.

, Pub. L. 94–212, title VII, § 714, 90 Stat. 171.

, Pub. L. 93–437, title VIII, § 814, 88 Stat. 1227.

, Pub. L. 93–238, title VII, § 714, 87 Stat. 1040.

, Pub. L. 92–570, title VII, § 714, 86 Stat. 1198.

, Pub. L. 92–204, title VII, § 714, 85 Stat. 729.

, Pub. L. 91–668, title VIII, § 814, 84 Stat. 2032.

, Pub. L. 91–171, title VI, § 614, 83 Stat. 482.

, Pub. L. 90–580, title V, § 513, 82 Stat. 1132.

, Pub. L. 90–96, title VI, § 613, 81 Stat. 244.

, Pub. L. 89–687, title VI, § 613, 80 Stat. 993.

, Pub. L. 89–213, title VI, § 613, 79 Stat. 875.

, Pub. L. 88–446, title V, § 513, 78 Stat. 477.

, Pub. L. 88–149, title V, § 513, 77 Stat. 266.

, Pub. L. 87–577, title V, § 513, 76 Stat. 330.

, Pub. L. 87–144, title VI, § 613, 75 Stat. 377.

, Pub. L. 86–601, title V, § 513, 74 Stat. 351.

, Pub. L. 86–166, title V, § 613, 73 Stat. 380.

, Pub. L. 85–724, title VI, § 613, 72 Stat. 725.

, Pub. L. 85–117, title VI, § 614, 71 Stat. 325.

July 2, 1956, ch. 488, title VI, § 614, 70 Stat. 469.

July 13, 1955, ch. 358, title VI, § 617, 69 Stat. 317.

June 30, 1954, ch. 432, title VII, § 717, 68 Stat. 353.

Aug. 1, 1953, ch. 305, title VI, § 624, 67 Stat. 353.

July 10, 1952, ch. 630, title VI, § 627, 66 Stat. 535.

Oct. 18, 1951, ch. 512, title VI, § 628, 65 Stat. 449.

Amendments2000–2019 · 5 rounds

2019

Subsec. (b)(7). Pub. L. 116–92 added par. (7).

2016

Subsec. (c). Pub. L. 114–328 inserted at end “Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.”

2004

Pub. L. 108–375 renumbered section 2484 of this title as this section.

2003

Subsec. (a). Pub. L. 108–136, § 654(a)(1), substituted “shall” for “may”.

Subsec. (b). Pub. L. 108–136, § 654(a)(2), substituted “shall” for “may” in introductory provisions.

Subsec. (c). Pub. L. 108–136, § 654(b), added subsec. (c).

2000

Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (d) providing that funds available to the Department of Defense could be used to pay for certain costs in connection with the operation of commissary stores only on a reimbursable basis and allowed transportation and utilities to be furnished for the operation of those stores outside of the United States or in Alaska and Hawaii.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title III, § 331(b)], , 114 Stat. 1654, 1654A–59, provided that: “The amendments made by this section [amending this section] shall take effect on .”

Effective Date

Section effective , see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.

Credits

1984–2019 · 6 acts
  1. 1984Added Pub. L. 98–525, title XIV, § 1401(i)(1), , 98 Stat. 2619, § 2484
  2. 2000amended Pub. L. 106–398, § 1 [[div. A], title III, § 331(a)(1)], , 114 Stat. 1654, 1654A–59
  3. 2003Pub. L. 108–136, div. A, title VI, § 654, , 117 Stat. 1523
  4. 2004renumbered § 2483, Pub. L. 108–375, div. A, title VI, § 651(a)(2), (4), , 118 Stat. 1964, 1966
  5. 2016Pub. L. 114–328, div. A, title VI, § 661(b), , 130 Stat. 2169
  6. 2019Pub. L. 116–92, div. A, title VI, § 631(d), , 133 Stat. 1429.
Show as published

(Added Pub. L. 98–525, title XIV, § 1401(i)(1), , 98 Stat. 2619, § 2484; amended Pub. L. 106–398, § 1 [[div. A], title III, § 331(a)(1)], , 114 Stat. 1654, 1654A–59; Pub. L. 108–136, div. A, title VI, § 654, , 117 Stat. 1523; renumbered § 2483, Pub. L. 108–375, div. A, title VI, § 651(a)(2), (4), , 118 Stat. 1964, 1966; Pub. L. 114–328, div. A, title VI, § 661(b), , 130 Stat. 2169; Pub. L. 116–92, div. A, title VI, § 631(d), , 133 Stat. 1429.)

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