118 STAT. 1965 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘II. Relationship, Continuation, and Common Policies of Defense Commissary and Exchange Systems ............................................................................ 2487 ‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated Fund Instrumentalities ..................................................................................... 2491 ‘‘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 provi sions 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 oper ation of both the defense commissary system and the exchange system. ‘‘(2) The Secretary of Defense shall establish an executive gov erning 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 deter mined using the price setting process specified in section 2484 of this title. ‘‘§ 2482. Commissary stores: criteria for establishment or clo sure; 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.
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