§ 2489. Overseas commissary and exchange stores: access and purchase restrictions

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. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title III § 365(a) · 112 Stat. 1920

   Enacted · 10 U.S.C. § 2489

   Added Pub. L. 105–261, div. A, title III, § 365(a), Oct. 17, 1998, 112 Stat. 1986, § 2492

   Source evidence

   Code source credit
   Added Pub. L. 105–261, div. A, title III, § 365(a), Oct. 17, 1998, 112 Stat. 1986, § 2492

   Enacted provision · exact public law section
   (a) Authority to Impose Restrictions; Limitations on Authority.— Chapter 147 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2492. Overseas commissary and exchange stores: access and purchase restrictions “(a) General Authority.— (1) 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). “(2) In establishing a quantity or other restriction, the Secretary— “(A) may not discriminate among the various categories of eligible patrons of the commissary and exchange system; and “(B) 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. “(b) Controlled Item Lists.— For each location outside the United States that is served by the commissary system or the exchange system, the Secretary of Defense may maintain a list of controlled merchandise items, except that, after the date of the enactment of this section, the Secretary may not change the list to add a merchandise item unless, before making the change, the Secretary submits to Congress a notice of the proposed addition and the reasons for the addition of the item. “(c) Annual Report.— The Secretary of Defense shall submit to Congress an annual report describing the host nation laws and the treaty obligations of the United States, and the conditions within host nations, that necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”.

2. 1999

   Pub. L. 106–65 div. A title X § 1066(a)(22) · 113 Stat. 512

   Substituted · 10 U.S.C. § 2489(b)

   Pub. L. 106–65 substituted “October 17, 1998” for “the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–65 substituted “October 17, 1998” for “the date of the enactment of this section”.

   Enacted provision · exact public law section
   (22) Section 2492(b) is amended by striking “the date of the enactment of this section” and inserting “October 17, 1998”.

3. 2002

   Pub. L. 107–314 div. A title X § 1041(a)(15) · 116 Stat. 2458

   1. Added · 10 U.S.C. § 2489(c)

      Pub. L. 107–314 added subsec. (c)

   2. Struck · 10 U.S.C. § 2489(c)

      Pub. L. 107–314 struck out heading and text of former subsec. (c). Text read as follows: “The Secretary of Defense shall notify Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–314 added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “The Secretary of Defense shall notify Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”

   Enacted provision · exact public law section
   (15) Section 2492 is amended by striking subsection (c) and inserting the following: “(c) Notification of Conditions Necessitating Restrictions.— The Secretary of Defense shall notify Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”.

4. 2004

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

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

   Changed · 10 U.S.C. § 2489

   Pub. L. 108–375 renumbered section 2492 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 108–375 renumbered section 2492 of this title as this section.

   Enacted provision · exact public law section
   (3) by redesignating sections 2490a and 2492 as sections 2488 and 2489, respectively, and inserting such sections after section 2487, as added by paragraph (1).

5. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 651(b)(1) · 126 Stat. 1632

   1. Redesignated · 10 U.S.C. § 2489(a)

      Pub. L. 112–239, § 651(b)(1), redesignated par. (1) as subsec. (a)

   2. Added · 10 U.S.C. § 2489(a)

      Pub. L. 112–239, § 651(b)(1), added heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–239, § 651(b)(1), redesignated par. (1) as subsec. (a) and added heading.

   Enacted provision · exact public law section
   (1) by striking “General Authority.—(1)” and inserting “Authority to Establish Restrictions.—”;

6. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 651(b)(2) · 126 Stat. 1632

   1. Redesignated · 10 U.S.C. § 2489(b)

      Pub. L. 112–239, § 651(b)(2), (3), redesignated par. (2) of former subsec. (a) as (b)

   2. Added · 10 U.S.C. § 2489(b)

      Pub. L. 112–239, § 651(b)(2), (3), added heading

   3. Redesignated · 10 U.S.C. § 2489(b)

      Pub. L. 112–239, § 651(b)(2), (3), redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–239, § 651(b)(2), (3), redesignated par. (2) of former subsec. (a) as (b), added heading, and redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively.

   Enacted provision · exact public law section
   (2) by striking “(2)” and inserting “(b) Limitations on Use of Authority.—”; and

7. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 651(a) · 126 Stat. 1632

   Struck · 10 U.S.C. § 2489(b)

   Pub. L. 112–239, § 651(a), struck out subsec. (b). Text read as follows: “For each location outside the United States that is served by the commissary system or the exchange system, the Secretary of Defense may maintain a list of controlled merchandise items, except that, after October 17, 1998, the Secretary may not change the list to add a merchandise item unless, before making the change, the Secretary submits to Congress a notice of the proposed addition and the reasons for the addition of the item.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–239, § 651(a), struck out subsec. (b). Text read as follows: “For each location outside the United States that is served by the commissary system or the exchange system, the Secretary of Defense may maintain a list of controlled merchandise items, except that, after October 17, 1998, the Secretary may not change the list to add a merchandise item unless, before making the change, the Secretary submits to Congress a notice of the proposed addition and the reasons for the addition of the item.”

   Enacted provision · exact public law section
   (a) Repeal.— Section 2489 of title 10, United States Code, is amended by striking subsections (b) and (c).

8. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 651(a) · 126 Stat. 1632

   Struck · 10 U.S.C. § 2489(c)

   Pub. L. 112–239, § 651(a), struck out subsec. (c). Text read as follows: “The Secretary of Defense shall notify Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 112–239, § 651(a), struck out subsec. (c). Text read as follows: “The Secretary of Defense shall notify Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.”

   Enacted provision · exact public law section
   (a) Repeal.— Section 2489 of title 10, United States Code, is amended by striking subsections (b) and (c).

12 of 12 references resolved to an enrolled provision