107 STAT. 1626 PUBLIC LAW 103-160—NOV. 30, 1993 (b) WAIVER AUTHORITY AVAILABLE WITHOUT REGARD TO AMOUNT INVOLVED.— Notwithstanding the limitation set forth in section 2774(a)(2)(A) of title 10, United States Code, any waiver authority under section 2774(a)(2) of such title may be exercised, with respect to any claim described in subsection (a) of this section, without regard to the amount involved. (c) REPORT.—Not later than March 1, 1994, the Secretary of the Navy shall submit to the congressional defense committees a report that specifies— (1) the circumstances under which each overpayment of a bonus or other payment referred to in subsection (a) was made; (2) the number of individuals to whom such an overpay- ment was made; (3) the total amount of such overpayments; and (4) any action planned or initiated by the Secretary to prevent the occurrence of similar overpayments in the future. (d) DEFINITION. —In this section, the term "productivity gainsharing program" means a productivity gainsharing program established under chapter 45 or section 5407 of title 5, United States Code, or Executive Order No. 12637 (31 U.S.C. 501 note). Subtitle E—Commissaries and Military Exchanges SEC. 3S1. PROHIBITION ON OPERATION OF COMMISSARY STORES BY ACTIVE DUTY MEMBERS OF THE ARMED FORCES. (a) IN GENERAL. — Chapter 49 of title 10, United States Code, is amended by inserting after section 976 the following new section: ^§ 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.— Beginning on October 1, 1996, 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 before October 1, 1996, may not exceed the niunber of such members so assigned on October 1, 1993. After September 30, 1996, the number of such members so assigned may not exceed the lesser of (A) the number of members so assigned on October 1, 1993, and (B) 400.".
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