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10 U.S.C. § 1063a — Renumbered § 1064]
Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility of Members.—** A member of the National Guard who, although not in Federal service, is called or ordered to duty in response to a federally declared disaster or national emergency shall be permitted to use commissary stores and MWR retail facilities during the period of such duty on the same basis as members of the armed forces on active duty.
**(b) Eligibility of Dependents.—** A dependent of a member of the National Guard who is permitted under subsection (a) to use commissary stores and MWR retail facilities shall be permitted to use such stores and facilities, during the same period as the member, on the same basis as dependents of members of the armed forces on active duty.
**(c) Definitions.—** In this section:
(1) **Federally declared disaster.—** — The term “federally declared disaster” means a disaster or other situation for which a Presidential declaration of major disaster is issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim)).
(2) **MWR retail facilities.—** — The term “MWR retail facilities” has the meaning given that term in section 1063(e) 11 See References in text note below. of this title.
(3) **National emergency.—** — The term “national emergency” means a national emergency declared by the President or Congress.
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Federal law — U.S. Code and appendices · legal_authorities
Page 957
TITLE 10—ARMED FORCES
§ 1064
to use commissary stores and MWR retail facili-
ties under the same conditions as specified in
subsection (a) for a member of the Selected Re-
serve.
(e) DEPENDENTS.—(1) Dependents of a member
who is permitted under subsection (a), (b), or (d)
to use commissary stores and MWR retail facili-
ties shall be permitted to use stores and such fa-
cilities on the same basis as dependents of mem-
bers on active duty.
(2) Dependents of a member who is permitted
under subsection (c) to use commissary stores
and MWR retail facilities shall be permitted to
use stores and such facilities on the same basis
as dependents of members of the armed forces
entitled to retired pay under any other provision
of law.
(f) MWR RETAIL FACILITY DEFINED.—In this
section, the term ‘‘MWR retail facilities’’ means
exchange stores and other revenue-generating
facilities operated by nonappropriated fund ac-
tivities of the Department of Defense for the
morale, welfare, and recreation of members of
the armed forces.
(Added Pub. L. 101–510, div. A, title III, § 321(c),
Nov. 5, 1990, 104 Stat. 1528, § 1065; amended Pub.
L. 104–106, div. A, title III, § 342(a), Feb. 10, 1996,
110 Stat. 265; renumbered § 1063 and amended
Pub. L. 108–136, div. A, title VI, § 651(a), (b)(4),
(5), Nov. 24, 2003, 117 Stat. 1521, 1522; Pub. L.
118–31, div. A, title XVII, § 1722(h), Dec. 22, 2023,
137 Stat. 672.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1063, added Pub. L. 99–661, div. A, title
VI, § 656(a)(1), Nov. 14, 1986, 100 Stat. 3891, § 1052; renum-
bered § 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, § 36
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1063a
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