PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 1987 "(2) In establishing a quantity or other restriction, the Secretary— "(A) may not discriminate among the various categories of eligible patrons of the commissary and exchange system; and "(B) shall ensure that the restriction is consistent with the purpose of the overseas commissary and exchange system to provide reasonable access for eligible patrons to purchase merchandise items made in the United States. "(b) CONTROLLED ITEM LISTS. —For each location outside the United States that is served by the commissary system or the exchange system, the Secretary of Defense may maintain a list of controlled merchandise items, except that, after the date of the enactment of this section, the Secretary may not change the list to add a merchandise item unless, before making the change, the Secretary submits to Congress a notice of the proposed addition and the reasons for the addition of the item. "(c) ANNUAL REPORT. —The Secretary of Defense shall submit to Congress an annual report describing the host nation laws and the treaty obligations of the United States, and the conditions within host nations, that necessitate the use of quantity or other restrictions on purchases in commissary and exchange stores located outside the United States.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2492. Overseas commissary and exchange stores: access and purchase restrictions.". SEC. 366. REPEAL OF REQUIREMENT FOR AIR FORCE TO SELL TOBACCO PRODUCTS TO ENLISTED PERSONNEL. (a) REPEAL.— Section 9623 of title 10, United States Code, is repealed. (b) CLERICAL AMENDMENT. — The table of sections at the beginning of chapter 939 of such title is amended by striking out the item relating to section 9623. SEC. 367. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZA- 10 USC 2482 TIONAL CHANGES OF DEPARTMENT OF DEFENSE RETAIL note. SYSTEMS. (a) DEFENSE RETAIL SYSTEMS DEFINED. — For purposes of this section, the term "defense retail systems" means the defense commissary system and exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of the Department of Defense for the morale, welfare, and recreation of members of the Armed Forces. (b) PROHIBITION. — 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 a law enacted after the date of the enactment of this Act. (c) EFFECT ON EXISTING STUDY.— Nothing in this section shall be construed to prohibit the study of defense retail systems, known as the "Joint Exchange Due Diligence Study", which is underway on the date of the enactment of this Act pursuant to a contract awarded by the Department of the Navy on April 21, 1998, except that any recommendation contained in the completed study regarding the operation or administration of the defense retail systems
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