Page:United States Statutes at Large Volume 117.djvu/1541

 117 STAT. 1522

PUBLIC LAW 108–136—NOV. 24, 2003 (4) by transferring section 1065, as amended by subsection (a), so as to appear after section 1062; and (5) by striking the heading of such section, as amended by subsection (a) and transferred by paragraph (4), and inserting the following new heading:

10 USC 1063.

‘‘§ 1063. Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60’’. (c) CLERICAL AMENDMENTS.—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 1063, 1063a, 1064, and 1065 and inserting the following new items: ‘‘1063. Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60. ‘‘1064. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency.’’. SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES SYSTEM.

(a) EXISTENCE OF SYSTEMS.—Chapter 147 of title 10, United States Code, is amended by inserting before section 2482 the following new section: ‘‘§ 2481.

Existence of defense commissary system and exchange stores system ‘‘(a) IN GENERAL.—The Secretary of Defense shall operate a defense commissary system and an exchange stores system in the manner provided by this chapter and other provisions of law. ‘‘(b) SEPARATE 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 Department of Defense. ‘‘(2) This subsection does not apply to the following: ‘‘(A) Combined exchange and commissary stores operated under the authority provided by section 2490a of this title. ‘‘(B) NEXMART stores of the Navy Exchange Service Command established before October 1, 2003.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2482 the following new item: ‘‘2481. Existence of defense commissary system and exchange stores system.’’. SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE COMMISSARY STORE FUNCTIONS.

Section 2482(a) of title 10, United States Code, is amended— (1) by striking the first and second sentences and inserting the following: ‘‘(1) Under such regulations as the Secretary of Defense may approve, private persons may operate selected commissary store functions, except that such functions may not include functions relating to the procurement of products to be sold in a commissary store or functions relating to the overall management of a commissary system or the management of a commissary store.’’; and (2) by adding at the end the following new paragraph: ‘‘(2) Any change to private operation of a commissary store function that is being performed by more than 10 Department of Defense civilian employees shall not take effect until the end

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