II 

108TH CONGRESS 

2D SESSION S. 2368

To limit the closure of Department of Defense commissary and exchange 

stores and facilities and Department of Defense dependent elementary 

and secondary schools, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2004

Mrs. CLINTON (for herself, Mr. LEAHY, and Mr. KENNEDY) introduced the 

following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL

To limit the closure of Department of Defense commissary 

and exchange stores and facilities and Department of 

Defense dependent elementary and secondary schools, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Family Morale 

5 and Welfare Protection Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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•S 2368 IS 

1 (1) Today, members of the Armed Forces and 

2 their families are heroically fighting the war on ter3 rorism. 

4 (2) Members of the Armed Forces are deployed 

5 away from their families and placed in harms way 

6 in order to win this war. 

7 (3) Members of the Armed Forces and their 

8 families are suffering casualties in this war. 

9 (4) Members of the Armed Forces and their 

10 families deserve support to preserve their quality of 

11 life, especially in these turbulent times. 

12 (5) The Department of Defense has commenced 

13 actions to close certain of its commissary stores, mo14 rale, welfare, and recreation retail facilities, and de15 pendent elementary and secondary schools, all with16 out the specific authorization of Congress. 

17 (6) Members of the Armed Forces and their 

18 families consider the privileges and benefits available 

19 through such stores and facilities, and the avail20 ability of education through such schools, to be vital 

21 to their quality of life. 
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•S 2368 IS 

1 SEC. 3. PROHIBITION ON CLOSURE OF COMMISSARY 

2 STORES, MWR RETAIL FACILITIES, AND DE3 PENDENT ELEMENTARY AND SECONDARY 

4 SCHOOLS WITHOUT AUTHORIZATION OF CON5 GRESS. 

6 Notwithstanding any other provision of law, the Sec7 retary of Defense may not close any commissary store, 

8 MWR retail facility, or Department of Defense dependent 

9 elementary or secondary school without the specific au10 thorization of Congress for such action by law. 

11 SEC. 4. COMPTROLLER GENERAL REPORT. 

12 Not later than 90 days after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States shall submit to the appropriate committees of Con15 gress a report on the policy of the Department of Defense, 

16 and the criteria utilized by the Department, with respect 

17 to the closure of commissary stores, MWR retail facilities, 

18 and Department of Defense dependent elementary and 

19 secondary schools, including an assessment whether or not 

20 such policy and criteria are consistent with Department 

21 policies and procedures on the preservation of the quality 

22 of life of members of the Armed Forces. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 

25 (1) The term ‘‘appropriate committees of Con26 gress’’ means—
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1 (A) the Committee on Armed Services of 

2 the Senate; and 

3 (B) the Committee on Armed Services of 

4 the House of Representatives. 

5 (2) The term ‘‘MWR retail facility’’ means an 

6 exchange store or other revenue-generating facility 

7 operated by nonappropriated fund activities of the 

8 Department of Defense for the morale, welfare, and 

9 recreation of members of the Armed Forces.

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