US (United States) Code. Title 10. Subtitle C: Navy and Marine Corps. Chapter 651: Ships stores

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. General administration. Commisary stores

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10 USC CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

.

-HEAD-

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

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Sec.

7601. Sales: members of the naval service and Coast Guard; widows

and widowers; civilian employees and other persons.

7602. Sales: members of Army and Air Force; prices.

7603. Sales: veterans under treatment.

7604. Ships' stores: sale of goods and services.

7605. Acceptance of Government checks outside the United States.

7606. Subsistence and other supplies: members of armed forces;

veterans; executive or military departments and employees;

prices.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title III, Sec. 375(a)(2), Feb.

10, 1996, 110 Stat. 283, added item 7606.

1990 - Pub. L. 101-510, div. A, title III, Sec. 329(a)(2), Nov.

5, 1990, 104 Stat. 1534, amended item 7604 generally, substituting

''Ships' stores: sale of goods and services'' for ''Profits: ships'

stores''.

1985 - Pub. L. 99-145, title XIII, Sec. 1301(c)(3)(C), Nov. 8,

1985, 99 Stat. 736, inserted ''the'' before ''naval service'' and

''and widowers'' after ''widows'' in item 7601.

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10 USC Sec. 7601 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7601. Sales: members of the naval service and Coast Guard;

widows and widowers; civilian employees and other persons

-STATUTE-

(a) Such stores as the Secretary of the Navy designates may be

procured and sold to members of the naval service, members of the

Coast Guard, and widows and widowers of such members.

(b) The Secretary may, by regulation, provide for the procurement

and sale of stores designated by him to such civilian officers and

employees of the United States, and such other persons, as he

considers proper -

(1) at military installations outside the United States; and

(2) at military installations inside the United States where he

determines that it is impracticable for those civilian officers,

employees, and persons to obtain those stores from private

agencies without impairing the efficient operation of naval

activities.

However, sales to civilian officers and employees inside the United

States may be made only to those residing within military

installations.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 470; Pub. L. 99-145, title

XIII, Sec. 1301(c)(3)(A), (B), Nov. 8, 1985, 99 Stat. 736.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7601(a) 34 U.S.C. 533. Mar. 3, 1909, ch.

255, 35 Stat. 768

(1st proviso); Apr.

14, 1937, ch. 78,

50 Stat. 63; June

10, 1939, ch. 196,

53 Stat. 814; Jan.

23, 1942, ch. 15,

56 Stat. 13; Apr.

9, 1943, ch. 39, 57

Stat. 60; Aug. 8,

1953, ch. 390, Sec.

2, 67 Stat. 499.

7601(b) 34 U.S.C. 533a. Aug. 8, 1953, ch.

390, Sec. 1 (as

applicable to

Secretary of the

Navy), 67 Stat.

499.

-------------------------------

In subsection (a) the words ''members of the naval service'' are

substituted for the words ''officers and enlisted men of the Navy,

Marine Corps''.

In subsection (b) the word ''outside'' is substituted for the

words ''beyond the continental limitations''. The words ''or in

Alaska'' are omitted, since, in section 101(1) of this title, the

words, ''United States'' are defined to include only the States and

the District of Columbia. The word ''continental'', after the words

''within the'', is omitted for the same reason. The last sentence

is substituted for 34 U.S.C. 533a (proviso).

AMENDMENTS

1985 - Pub. L. 99-145, Sec. 1301(c)(3)(B), inserted ''the''

before ''naval service'' and ''and widowers'' after ''widows'' in

section catchline.

Subsec. (a). Pub. L. 99-145, Sec. 1301(c)(3)(A), inserted ''and

widowers'' after ''widows''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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10 USC Sec. 7602 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7602. Sales: members of Army and Air Force; prices

-STATUTE-

The Navy and the Marine Corps shall sell subsistence supplies to

any member of the Army or the Air Force at prices charged members

of the naval service.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 471.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7602 34 U.S.C. 538. Aug. 29, 1916, ch.

418, Sec. 1, 39

Stat. 630 (less

words before

semicolon of 3d

proviso under

''Subsistence of

the Army'').

-------------------------------

This section is expanded to cover sales to members of the Air

Force, as authorized by Sec. 305(a) of the National Security Act of

1947, as amended (5 U.S.C. 171l).

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10 USC Sec. 7603 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7603. Sales: veterans under treatment

-STATUTE-

A person who has been separated honorably or under honorable

conditions from the Army, the Navy, the Air Force, or the Marine

Corps and who is receiving care and medical treatment from the

Public Health Service or the Department of Veterans Affairs may buy

subsistence supplies and other supplies, except articles of

uniform, from the Navy and the Marine Corps at prices charged

members of the naval service.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Pub. L. 101-189, div. A,

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7603 34 U.S.C. 536. June 5, 1920, ch.

240 (par. under

''Purchase of Army

Stores by

Discharged

Receiving Treatment

from the Public

Health Service''),

41 Stat. 976.

-------------------------------

The word ''separated'' is substituted for the word

''discharged''. The words ''under honorable conditions'' are added

since this provision is interpreted as benefiting personnel

discharged under honorable conditions. The words ''Air Force'' are

supplied under the authority of Sec. 305(a) of the National

Security Act of 1947, as amended (5 U.S.C. 171l). The words

''Veterans' Administration'' are added under the authority of the

Act of August 9, 1921, ch. 57, 42 Stat. 148, which transferred care

of veterans to the Veterans' Bureau, the Act of June 7, 1924, ch.

320, 43 Stat. 610, which transferred all hospitals under the

jurisdiction of the Public Health Service to the Veterans' Bureau,

and the Act of July 3, 1930, ch. 863, Sec. 1, 46 Stat. 1016, under

which the President by Executive Order No. 5398, July 21, 1930,

transferred the Veterans' Bureau to the Veterans' Administration.

The words ''while undergoing such care and treatment'' are omitted

as surplusage.

AMENDMENTS

1989 - Pub. L. 101-189 substituted ''Department of Veterans

Affairs'' for ''Veterans' Administration''.

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10 USC Sec. 7604 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7604. Ships' stores: sale of goods and services

-STATUTE-

(a) In General. - Under such regulations and at such prices as

the Secretary of the Navy may prescribe, the Secretary may provide

for the sale of goods and services from ships' stores to members of

the naval service and to such other persons as provided by law.

(b) Incidental Services. - The Secretary of the Navy may provide

financial services, space, utilities, and labor to ships' stores on

a nonreimbursable basis.

(c) Items Sold. - Merchandise sold by ship stores afloat shall

include items in the following categories:

(1) Health, beauty, and barber items.

(2) Prerecorded music and videos.

(3) Photographic batteries and related supplies.

(4) Appliances and accessories.

(5) Uniform items, emblematic and athletic clothing, and

equipment.

(6) Luggage and leather goods.

(7) Stationery, magazines, books, and supplies.

(8) Sundry, games, and souvenirs.

(9) Beverages and related food and snacks.

(10) Laundry, tailor, and cleaning supplies.

(11) Tobacco products.

-SOURCE-

(Added Pub. L. 101-510, div. A, title III, Sec. 329(a)(1), Nov. 5,

1990, 104 Stat. 1534; amended Pub. L. 103-160, div. A, title III,

Sec. 371(a), formerly Sec. 371(c), Nov. 30, 1993, 107 Stat. 1635,

renumbered Sec. 371(a), Pub. L. 104-106, div. A, title III, Sec.

340(a)(2), Feb. 10, 1996, 110 Stat. 265.)

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PRIOR PROVISIONS

A prior section 7604, acts Aug. 10, 1956, ch. 1041, 70A Stat.

471; Nov. 2, 1966, Pub. L. 89-718, Sec. 44, 80 Stat. 1120, related

to profit on sales from ships' stores, prior to repeal by Pub. L.

101-510, Sec. 329(a)(1).

AMENDMENTS

1993 - Pub. L. 103-160 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 371(b), formerly section 371(d) of Pub. L. 103-160,

renumbered Sec. 371(b) by Pub. L. 104-106, div. A, title III, Sec.

340(a)(2), Feb. 10, 1996, 110 Stat. 265; as amended by Pub. L.

103-337, div. A, title III, Sec. 374(b), Oct. 5, 1994, 108 Stat.

2736, provided that: ''Subsections (b) and (c) of section 7604 of

title 10, United States Code, as added by subsection (c) (now (a)),

shall take effect on October 1, 1994.''

REGULATIONS

Section 329(a)(3) of Pub. L. 101-510 provided that: ''The

regulations required to be prescribed under section 7604 of title

10, United States Code (as amended by paragraph (1)), shall be

first prescribed not later than 90 days after the date of the

enactment of this Act (Nov. 5, 1990).''

CONVERSION OF SHIPS' STORES TO OPERATION AS NONAPPROPRIATED FUND

INSTRUMENTALITIES; TRANSFER OF FUNDS

Section 371(a), (b) of Pub. L. 103-160, as amended by Pub. L.

103-337, div. A, title III, Sec. 374(a), Oct. 5, 1994, 108 Stat.

2736, provided that not later than Dec. 31, 1995, Secretary of the

Navy was to convert operation of all ships' stores from operation

as activity funded by direct appropriations to operation by Navy

Exchange Service Command as activity funded from sources other than

appropriated funds, prior to repeal by Pub. L. 104-106, div. A,

title III, Sec. 340(a)(1), Feb. 10, 1996, 110 Stat. 265.

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10 USC Sec. 7605 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7605. Acceptance of Government checks outside the United

States

-STATUTE-

Notwithstanding section 3302(a) of title 31, the Secretary of the

Navy may authorize the officer in charge of any commissary store or

ship's store ashore located outside the United States to -

(1) accept any Government check tendered by a retired member of

the Navy or the Marine Corps, a member of the Naval Reserve or

the Marine Corps Reserve, or a member of the Fleet Reserve or the

Fleet Marine Corps Reserve, if the member is the payee of the

check and the check is tendered in payment of amounts due from

the member to the store; and

(2) refund in cash any difference between the amount due and

the amount of the tendered check.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Pub. L. 96-513, title V,

Sec. 513(42), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97-258, Sec.

3(b)(10), Sept. 13, 1982, 96 Stat. 1064.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7605 34 U.S.C. 552. July 15, 1939, ch.

285, 53 Stat. 1043.

-------------------------------

Since the authority of this section to refund any cash balance

extends only to the payee of a check, the section is written to

authorize only the payee to cash it. The Fleet Reserve and the

Fleet Marine Corps Reserve were parts of the Naval Reserve and the

Marine Corps Reserve, respectively, when the source statute was

enacted but were removed therefrom by the Armed Forces Reserve Act

of 1952. The words ''or a member of the Fleet Reserve or the Fleet

Marine Corps Reserve'' are inserted in clause (1) to give this

section the same applicability as the source.

AMENDMENTS

1982 - Pub. L. 97-258 substituted ''section 3302(a) of title 31''

for ''sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521

and 543)''.

1980 - Pub. L. 96-513 substituted ''sections 3639 and 3651 of the

Revised Statutes (31 U.S.C. 521 and 543)'' for ''sections 521 and

543 of title 31''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

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10 USC Sec. 7606 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES

-HEAD-

Sec. 7606. Subsistence and other supplies: members of armed forces;

veterans; executive or military departments and employees;

prices

-STATUTE-

(a)(1) The Secretary of the Navy shall procure and sell, for cash

or credit -

(A) articles designated by the Secretary to members of the Navy

and Marine Corps; and

(B) items of individual clothing and equipment to members of

the Navy and Marine Corps, under such restrictions as the

Secretary may prescribe.

(2) An account of sales on credit shall be kept and the amount

due reported to the Secretary. Except for articles and items

acquired through the use of working capital funds under section

2208 of this title, sales of articles shall be at cost, and sales

of individual clothing and equipment shall be at average current

prices, including overhead, as determined by the Secretary.

(b) The Secretary shall sell subsistence supplies to members of

other armed forces at the prices at which like property is sold to

members of the Navy and Marine Corps.

(c) The Secretary may sell serviceable supplies, other than

subsistence supplies, to members of other armed forces for the

buyers' use in the service. The prices at which the supplies are

sold shall be the same prices at which like property is sold to

members of the Navy and Marine Corps.

(d) A person who has been discharged honorably or under honorable

conditions from the Army, Navy, Air Force or Marine Corps and who

is receiving care and medical treatment from the Public Health

Service or the Department of Veterans Affairs may buy subsistence

supplies and other supplies, except articles of uniform, at the

prices at which like property is sold to members of the Navy and

Marine Corps.

(e) Under such conditions as the Secretary may prescribe,

exterior articles of uniform may be sold to a person who has been

discharged honorably or under honorable conditions from the Navy or

Marine Corps, at the prices at which like articles are sold to

members of the Navy or Marine Corps. This subsection does not

modify section 772 or 773 of this title.

(f) Under regulations prescribed by the Secretary, payment for

subsistence supplies shall be made in cash or by commercial credit.

(g)(1) The Secretary may provide for the procurement and sale of

stores designated by the Secretary to such civilian officers and

employees of the United States, and such other persons, as the

Secretary considers proper -

(A) at military installations outside the United States; and

(B) subject to paragraph (2), at military installations inside

the United States where the Secretary determines that it is

impracticable for those civilian officers, employees, and persons

to obtain such stores from commercial enterprises without

impairing the efficient operation of military activities.

(2) Sales to civilian officers and employees inside the United

States may be made under paragraph (1) only to civilian officers

and employees residing within military installations.

(h) Appropriations for subsistence of the Navy or Marine Corps

may be applied to the purchase of subsistence supplies for sale to

members of the Navy and Marine Corps on active duty for the use of

such members and their families.

-SOURCE-

(Added Pub. L. 104-106, div. A, title III, Sec. 375(a)(1), Feb.

10, 1996, 110 Stat. 281; amended Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(63), Nov. 18, 1997, 111 Stat. 1903.)

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AMENDMENTS

1997 - Subsec. (e). Pub. L. 105-85 substituted ''section'' for

''sections''.

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