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10 U.S.C. § 1064 — Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency
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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Source file: Laws/federal/codes/united-states-code/title-10/section-1064-use-of-commissary-stores-and-mwr-retail-facilities-members-of-national-g--c68a524f18.md
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Source location: Title 10, Chapter 54, § 1064; chapter-054-commissary-and-exchange-benefits.md
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**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members of the Selected Reserve.—** A member of the Selected Reserve in good standing (as determined by the Secretary concerned) shall be permitted to use commissary stores and MWR retail facilities on the same basis as members on active duty.
**(b) Members of Ready Reserve Not in Selected Reserve.—** Subject to such regulations as the Secretary of Defense may prescribe, a member of the Ready Reserve (other than members of the Selected Reserve) may be permitted to use commissary stores and MWR retail facilities on the same basis as members serving on active duty.
**(c) Reserve and Space Force Retirees Under Age 60.—** A member or former member of a reserve component or the Space Force under 60 years of age who, but for age, would be eligible for retired pay under chapter 1223 of this title shall be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces entitled to retired pay under any other provision of law.
**(d) Members of the Space Force.—** A member of the Space Force in a space force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve.
**(e) Dependents.—**
(1) Dependents of a member who is permitted under subsection (a), (b), or (d) 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 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 un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1063
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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. § 1064
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6389
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5170
(2) Acquisition and maintenance of equip-
ment, including interoperable communica-
tions and personal protective equipment.
(3) Medical monitoring required for re-
sponder safety and health in anticipation of
and following a major disaster, emergency, or
other hazard, as determined by the Adminis-
trator.
(m) Response cooperative agreements
The Administrator shall enter into a response
cooperative agreement with each sponsoring
agency, as appropriate, under which the Admin-
istrator agrees to reimburse the sponsoring
agency for costs incurred by the sponsoring
agency in responding to a major disaster or
emergency.
(n) Obligations
The Administrator may incur all necessary
obligations consistent with this section in order
to ensure the effectiveness of the System.
(o) Equipment maintenance and replacement
Not later than 180 days after December 16,
2016, the Administrator shall submit to the ap-
propriate congressional committees (as defined
in section 101 of title 6) a report on the develop-
ment of a plan, including implementation steps
and timeframes, to finance, maintain, and re-
place System equipment.
(p) Federal employees
Nothing in this section shall be construed to
mean that a task force may not include Federal
employees. In the case of a Federal employee de-
tailed to a task force, the sponsoring agency
shall enter into an agreement with the relevant
employing Federal agency.
(Pub. L. 93–288, title III, § 327, as added Pub. L.
114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend-
ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (f)(3), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170
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