
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC977]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 977. Operation of commissary stores: assignment of active 
        duty members generally prohibited
        
    (a) General Rule.--A member of the armed forces on active duty may 
not be assigned to the operation of a commissary store.
    (b) Exception for DCA Director.--The Secretary of Defense may assign 
an officer on the active-duty list to serve as the Director of the 
Defense Commissary Agency.
    (c) Exception for Certain Additional Members.--Not more than 18 
members (in addition to the officer referred to in subsection (b)) of 
the armed forces on active duty may be assigned to the Defense 
Commissary Agency. Members who may be assigned under this subsection to 
regional headquarters of the agency shall be limited to enlisted members 
assigned to duty as advisors in the regional headquarters responsible 
for overseas commissaries and to veterinary specialists.
    (d) Exception for Certain Navy Personnel.--(1) The Secretary of the 
Navy may assign to the Defense Commissary Agency a member of the Navy on 
active duty whose assignment afloat is part of the operation of a ship's 
food service or a ship's store. Any such assignment shall be on a 
nonreimbursable basis.
    (2) The number of such members assigned to the Defense Commissary 
Agency during any period may not exceed 400.

(Added Pub. L. 103-160, div. A, title III, Sec. 351(a), Nov. 30, 1993, 
107 Stat. 1626; amended Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(16), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 106-65, div. A, 
title X, Sec. 1066(a)(6), Oct. 5, 1999, 113 Stat. 770.)


                            Prior Provisions

    A prior section, added Pub. L. 96-342, title X, Sec. 1002(a), Sept. 
8, 1980, 94 Stat. 1119; amended Pub. L. 97-22, Sec. 11(a)(1), July 10, 
1981, 95 Stat. 137, provided that no one who originally enlisted after 
Sept. 7, 1980, in a regular armed services component and failed to serve 
at least 24 months of such enlistment would be eligible for Federal 
benefits otherwise receivable because of active service under such 
enlistment, except that such exclusion was not applicable to one 
discharged under section 1173 of chapter 61 of this title or to one 
later proved to be suffering from a disability resulting from an injury 
or disease incurred during enlistment, prior to repeal by Pub. L. 97-
306, title IV, Sec. 408(c)(1), Oct. 14, 1982, 96 Stat. 1446. See section 
5303A of Title 38, Veterans' Benefits, and provisions set out as notes 
under that section.


                               Amendments

    1999--Subsec. (d)(2). Pub. L. 106-65 struck out ``the lesser of (A) 
the number of members so assigned on October 1, 1993, and (B)'' after 
``may not exceed''.
    1997--Subsec. (c). Pub. L. 105-85, Sec. 1073(a)(16)(A), substituted 
``Not more than'' for ``Beginning on October 1, 1996, not more than''.
    Subsec. (d)(2). Pub. L. 105-85, Sec. 1073(a)(16)(B), struck out 
``before October 1, 1996, may not exceed the number of such members so 
assigned on October 1, 1993. After September 30, 1996, the number of 
such members so assigned'' after ``during any period''.
