10 U.S.C. § 2489 | Overseas commissary and exchange stores: access and purchase restrictions

(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.

Pub. L. 105–261, div. A, title III, § 365(a)Oct. 17, 1998112 Stat. 1986 Pub. L. 106–65, div. A, title X, § 1066(a)(22)Oct. 5, 1999113 Stat. 771 Pub. L. 107–314, div. A, title X, § 1041(a)(15)Dec. 2, 2002116 Stat. 2645 Pub. L. 108–375, div. A, title VI, § 651(b)(3)Oct. 28, 2004118 Stat. 1971 Pub. L. 112–239, div. A, title VI, § 651Jan. 2, 2013126 Stat. 1783(Added , , , § 2492; amended , , ; , , ; renumbered § 2489, , , ; , , .)

Editorial Notes

Prior Provisions

section 2495a of this titleA prior section 2489 was renumbered .

section 2495b of this titleA prior section 2489a was renumbered .

section 2868 of this titleA prior section 2490 was renumbered .

section 2488 of this titleA prior section 2490a was renumbered .

section 2783 of this titleAnother prior section 2490a was renumbered .

Amendments

Pub. L. 112–239, § 651(b)(1)2013—Subsec. (a). , redesignated par. (1) as subsec. (a) and added heading.

Pub. L. 112–239, § 651(b)(2)Subsec. (b). , (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.

Pub. L. 112–239, § 651(a)October 17, 1998, 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 , 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.”

Pub. L. 112–239, § 651(a)Subsec. (c). , 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.”

Pub. L. 108–375 section 2492 of this title2004— renumbered as this section.

Pub. L. 107–3142002—Subsec. (c). 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.”

Pub. L. 106–65October 17, 19981999—Subsec. (b). substituted “” for “the date of the enactment of this section”.