10 U.S.C.
United States Code, 2015 Edition
Title 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART IV - GENERAL ADMINISTRATION
CHAPTER 651 - SHIPS' STORES AND COMMISSARY STORES
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 651—SHIPS' STORES AND COMMISSARY STORES

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, §375(a)(2), Feb. 10, 1996, 110 Stat. 283, added item 7606.

1990—Pub. L. 101–510, div. A, title III, §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, §1301(c)(3)(C), Nov. 8, 1985, 99 Stat. 736, inserted "the" before "naval service" and "and widowers" after "widows" in item 7601.

§7601. Sales: members of the naval service and Coast Guard; widows and widowers; civilian employees and other persons

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 470; Pub. L. 99–145, title XIII, §1301(c)(3)(A), (B), Nov. 8, 1985, 99 Stat. 736.)

Historical and Revision Notes
Revised sectionSource (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, §2, 67 Stat. 499.
7601(b) 34 U.S.C. 533a. Aug. 8, 1953, ch. 390, §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, §1301(c)(3)(B), inserted "the" before "naval service" and "and widowers" after "widows" in section catchline.

Subsec. (a). Pub. L. 99–145, §1301(c)(3)(A), inserted "and widowers" after "widows".

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.

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

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.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
7602 34 U.S.C. 538. Aug. 29, 1916, ch. 418, §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 §305(a) of the National Security Act of 1947, as amended (5 U.S.C. 171l).

§7603. Sales: veterans under treatment

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

Historical and Revision Notes
Revised sectionSource (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 §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, §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".

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

(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 may 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.

(Added Pub. L. 101–510, div. A, title III, §329(a)(1), Nov. 5, 1990, 104 Stat. 1534; amended Pub. L. 103–160, div. A, title III, §371(a), formerly §371(c), Nov. 30, 1993, 107 Stat. 1635, renumbered §371(a), Pub. L. 104–106, div. A, title III, §340(a)(2), Feb. 10, 1996, 110 Stat. 265; Pub. L. 112–81, div. A, title VI, §641, Dec. 31, 2011, 125 Stat. 1466.)

Prior Provisions

A prior section 7604, acts Aug. 10, 1956, ch. 1041, 70A Stat. 471; Nov. 2, 1966, Pub. L. 89–718, §44, 80 Stat. 1120, related to profit on sales from ships' stores, prior to repeal by Pub. L. 101–510, §329(a)(1).

Amendments

2011—Subsec. (c). Pub. L. 112–81 substituted "may" for "shall" in introductory provisions.

1993—Pub. L. 103–160 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title III, §371(b), formerly §371(d), Nov. 30, 1993, 107 Stat. 1635, renumbered §371(b) by Pub. L. 104–106, div. A, title III, §340(a)(2), Feb. 10, 1996, 110 Stat. 265; as amended by Pub. L. 103–337, div. A, title III, §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

Pub. L. 101–510, div. A, title III, §329(a)(3), Nov. 5, 1990, 104 Stat. 1534, 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

Pub. L. 103–160, div. A, title III, §371(a), (b), Nov. 30, 1993, 107 Stat. 1634, 1635, as amended by Pub. L. 103–337, div. A, title III, §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, §340(a)(1), Feb. 10, 1996, 110 Stat. 265.

§7605. Acceptance of Government checks outside the United States

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 Navy 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Pub. L. 96–513, title V, §513(42), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–258, §3(b)(10), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 109–163, div. A, title V, §515(b)(1)(V), Jan. 6, 2006, 119 Stat. 3233.)

Historical and Revision Notes
Revised sectionSource (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

2006—Par. (1). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

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.

§7606. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices

(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.

(Added Pub. L. 104–106, div. A, title III, §375(a)(1), Feb. 10, 1996, 110 Stat. 281; amended Pub. L. 105–85, div. A, title X, §1073(a)(63), Nov. 18, 1997, 111 Stat. 1903.)

Amendments

1997—Subsec. (e). Pub. L. 105–85 substituted "section" for "sections".