[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2368 Introduced in Senate (IS)]

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Family Morale and Welfare 
Protection Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Today, members of the Armed Forces and their families 
        are heroically fighting the war on terrorism.
            (2) Members of the Armed Forces are deployed away from 
        their families and placed in harms way in order to win this 
        war.
            (3) Members of the Armed Forces and their families are 
        suffering casualties in this war.
            (4) Members of the Armed Forces and their families deserve 
        support to preserve their quality of life, especially in these 
        turbulent times.
            (5) The Department of Defense has commenced actions to 
        close certain of its commissary stores, morale, welfare, and 
        recreation retail facilities, and dependent elementary and 
        secondary schools, all without the specific authorization of 
        Congress.
            (6) Members of the Armed Forces and their families consider 
        the privileges and benefits available through such stores and 
        facilities, and the availability of education through such 
        schools, to be vital to their quality of life.

SEC. 3. PROHIBITION ON CLOSURE OF COMMISSARY STORES, MWR RETAIL 
              FACILITIES, AND DEPENDENT ELEMENTARY AND SECONDARY 
              SCHOOLS WITHOUT AUTHORIZATION OF CONGRESS.

    Notwithstanding any other provision of law, the Secretary of 
Defense may not close any commissary store, MWR retail facility, or 
Department of Defense dependent elementary or secondary school without 
the specific authorization of Congress for such action by law.

SEC. 4. COMPTROLLER GENERAL REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
appropriate committees of Congress a report on the policy of the 
Department of Defense, and the criteria utilized by the Department, 
with respect to the closure of commissary stores, MWR retail 
facilities, and Department of Defense dependent elementary and 
secondary schools, including an assessment whether or not such policy 
and criteria are consistent with Department policies and procedures on 
the preservation of the quality of life of members of the Armed Forces.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.
            (2) The term ``MWR retail facility'' means an exchange 
        store or other revenue-generating facility operated by 
        nonappropriated fund activities of the Department of Defense 
        for the morale, welfare, and recreation of members of the Armed 
        Forces.
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