118 STAT. 1971 PUBLIC LAW 108–375—OCT. 28, 2004 (b) RELATION BETWEEN DEFENSE COMMISSARY AND EXCHANGE SYSTEMS.—Chapter 147 of title 10, United States Code, is further amended— (1) by inserting after section 2485, as amended by sub section (a)(7), the following: ‘‘SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF DEFENSE COMMISSARY AND EX CHANGE SYSTEMS ‘‘Sec. ‘‘2487. Relationship between defense commissary system and exchange stores sys tem. ‘‘2488. Combined exchange and commissary stores. ‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions. ‘‘§ 2487. Relationship between defense commissary system and exchange stores system ‘‘(a) SEPARATE OPERATION OF SYSTEMS.—(1) Except as provided in paragraph (2), the defense commissary system and the exchange stores system shall be operated as separate systems of the Depart ment of Defense. ‘‘(2) Paragraph (1) does not apply to the following: ‘‘(A) Combined exchange and commissary stores operated under the authority provided by section 2489 of this title. ‘‘(B) NEXMART stores of the Navy Exchange Service Com mand established before October 1, 2003. ‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES OF DEFENSE RETAIL SYSTEMS.—(1) The operation and administration of the defense retail systems may not be consolidated or otherwise merged unless the consolidation or merger is specifically authorized by an Act of Congress. ‘‘(2) In this subsection, the term ‘defense retail systems’ means the defense commissary system and exchange stores system and other revenue generating facilities operated by nonappropriated fund instrumentalities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.’’; (2) by redesignating sections 2488, 2489, 2489a as sections 2495, 2495a, and 2495b, respectively; and (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). (c) MWR PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN TALITIES.—Chapter 147 of title 10, United States Code, is further amended— (1) by inserting after section 2489, as redesignated and moved by subsection (b)(3), the following: ‘‘SUBCHAPTER III—MORALE, WELFARE, AND RECREATION PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN TALITIES ‘‘Sec. ‘‘2491. Uniform funding and management of morale, welfare, and recreation pro grams. ‘‘2491a. Department of Defense golf courses: limitation on use of appropriated funds. ‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation. ‘‘2491c. Retention of morale, welfare, and recreation funds by military installations: limitation.
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