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

Amendments

1998-Pub. L. 105–261, §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, §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, §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, §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, §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, §1(c)(1), (4), July 19, 1988, 102 Stat. 841 .