
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 331(a)-(d)(2)]
[CITE: 10USC1063]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 54--COMMISSARY AND EXCHANGE BENEFITS
 
Sec. 1063. Use of commissary stores: members of Ready Reserve 
        with at least 50 creditable points
        
    (a) Eligibility of Members of Ready Reserve.--A member of the Ready 
Reserve who satisfactorily completes 50 or more points creditable under 
section 12732(a)(2) of this title in a calendar year shall be eligible 
to use commissary stores of the Department of Defense. The Secretary 
concerned shall authorize the member to have 24 days of eligibility for 
any calendar year that the member qualifies for eligibility under this 
subsection.
    (b) Effect of Compensation or Type of Duty.--Subsection (a) shall 
apply without regard to whether, during the calendar year, the member 
receives compensation for the duty or training performed by the member 
or performs active duty for training.
    (c) Regulations.--The Secretary concerned shall prescribe 
regulations, subject to the approval of the Secretary of Defense, to 
carry out this section.

(Added Pub. L. 99-661, div. A, title VI, Sec. 656(a)(1), Nov. 14, 1986, 
100 Stat. 3891, Sec. 1052; renumbered Sec. 1063, Pub. L. 100-370, 
Sec. 1(c)(2)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 101-510, 
div. A, title III, Sec. 321(a)(1), Nov. 5, 1990, 104 Stat. 1527; Pub. L. 
102-484, div. A, title III, Sec. 365(a), (c)(1), Oct. 23, 1992, 106 
Stat. 2382; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(9), Feb. 10, 
1996, 110 Stat. 499; Pub. L. 105-261, div. A, title III, Sec. 362(a), 
(d)(1), Oct. 17, 1998, 112 Stat. 1984, 1985.)


                               Amendments

    1998--Pub. L. 105-261, Sec. 362(d)(1), substituted ``Use of 
commissary stores: members of Ready Reserve with at least 50 creditable 
points'' for ``Period for use of commissary stores: eligibility for 
members of the Ready Reserve'' as section catchline.
    Subsecs. (a), (b). Pub. L. 105-261, Sec. 362(a), struck out ``(1)'' 
before ``A member of'' and substituted ``24 days of eligibility'' for 
``12 days of eligibility'' in subsec. (a), redesignated subsec. (a)(2) 
as subsec. (b), inserted subsec. (b) heading, substituted ``Subsection 
(a)'' for ``Paragraph (1)'', and struck out former subsec. (b) which 
read as follows:
    ``(b) Limitation.--A member may not use commissary stores by reason 
of this section for more than 14 days in any period of 365 days.''
    1996--Subsec. (a)(1). Pub. L. 104-106 substituted ``section 
12732(a)(2)'' for ``section 1332(a)(2)''.
    1992--Pub. L. 102-484, Sec. 365(c)(1), substituted ``eligibility for 
members of the Ready Reserve'' for ``eligibility attributable to active 
duty for training'' in section catchline.
    Subsec. (a). Pub. L. 102-484, Sec. 365(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: 
``Eligibility of Members of Ready Reserve.--A member of the Ready 
Reserve who performs active duty for training (or annual training 
without compensation equivalent to active duty for training) shall 
accrue eligibility to use commissary stores of the Department of Defense 
for each day of that training. The Secretary concerned shall authorize 
the member to have one day of eligibility for using commissary stores, 
up to 12 days each calendar year, for the performance of that duty.''
    1990--Subsec. (a). Pub. L. 101-510 substituted ``Eligibility of 
members of Ready Reserve'' for ``Period for use of eligibility'' in 
heading and amended text generally. Prior to amendment, text read as 
follows: ``If under regulations establishing eligibility for use of 
commissary stores, a member of the armed forces accrues eligibility to 
use commissary stores of the Department of Defense by reason of the 
performance of active duty for training, the Secretary concerned shall 
authorize the member to have one year from the date on which the member 
performs active duty for training to use a day of eligibility for using 
commissary stores attributable to the performance of that duty.''
    1988--Pub. L. 100-370 renumbered section 1052 of this title as this 
section.


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    Effective Date of 1992 Amendment

    Section 365(b) of Pub. L. 102-484 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to the 
completion of reserve points beginning in calendar year 1992.''


                    Effective Date of 1990 Amendment

    Section 321(a)(2) of Pub. L. 101-510 provided that: ``Section 
1063(a) of title 10, United States Code (as amended by subsection (a)), 
shall apply with respect to active duty for training or annual training 
performed by a member of the Ready Reserve after the date of the 
enactment of this Act [Nov. 5, 1990].''


                             Effective Date

    Section 656(c) of Pub. L. 99-661 provided that: ``Section 1052 [now 
1063] of title 10, United States Code, as added by the amendments made 
by subsection (a), and the repeal made by subsection (b) [repealing 
section 1013 of Pub. L. 98-94], shall apply only with respect to active 
duty for training performed on or after the date of the enactment of 
this Act [Nov. 14, 1986].''


 Commissary and Exchange Privileges for Survivors of Certain Reservists

    Pub. L. 99-145, title III, Sec. 308, Nov. 8, 1985, 99 Stat. 618, 
which required the Secretary of Defense to prescribe regulations to 
allow dependents of certain deceased members of the uniformed services 
to use commissary and exchange stores on the same basis as dependents of 
members of the uniformed services who die while on active duty for a 
period of more than 30 days, was repealed and restated in section 1061 
of this title by Pub. L. 100-370, Sec. 1(c)(1), (4), July 19, 1988, 102 
Stat. 841.
