10 U.S.C. § 1064 — Use of commissary stores and MWR retail

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, § 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; Pub. L. 107–107, div. A, title III, § 331(a)–(d)(2), Dec. 28, 2001, 115 Stat. 1057, related to use of commissary stores by mem- bers of Ready Reserve, prior to repeal by Pub. L. 108–136, div. A, title VI, § 651(b)(1), Nov. 24, 2003, 117 Stat. 1521. AMENDMENTS 2023—Subsec. (c). Pub. L. 118–31, § 1722(h)(1), inserted ‘‘and Space Force’’ after ‘‘Reserve’’ in heading and ‘‘or the Space Force’’ after ‘‘reserve component’’ in text. Subsec. (d). Pub. L. 118–31, § 1722(h)(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 118–31, § 1722(h)(2), (4), redesig- nated subsec. (d) as (e) and substituted ‘‘subsection (a), (b), or (d)’’ for ‘‘subsection (a) or (b)’’ in par. (1). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 118–31, § 1722(h)(2), redesignated subsec. (e) as (f). 2003—Pub. L. 108–136, § 651(b)(4), (5), renumbered sec- tion 1065 of this title as this section and substituted ‘‘Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60’’ for ‘‘Morale, welfare, and recreation re- tail facilities: use by members of reserve components and dependents’’ in section catchline. Subsecs. (a) to (c). Pub. L. 108–136, § 651(a)(1), inserted ‘‘commissary stores and’’ after ‘‘use’’. Subsec. (d). Pub. L. 108–136, § 651(a)(2), inserted ‘‘com- missary stores and’’ after ‘‘permitted under subsection (a) or (b) to use’’ and ‘‘stores and’’ after ‘‘permitted to use’’ in par. (1), and inserted ‘‘commissary stores and’’ after ‘‘permitted under subsection (c) to use’’ and ‘‘stores and’’ after ‘‘permitted to use’’ in par. (2). 1996—Pub. L. 104–106 substituted ‘‘Morale, welfare, and recreation retail facilities: use by members of re- serve components and dependents’’ for ‘‘Use of certain morale, welfare, and recreation facilities by members of reserve components and dependents’’ in section catchline and amended text generally. Prior to amend- ment, text read as follows: ‘‘(a) UNRESTRICTED USE REQUIRED.—Members of the Selected Reserve in good standing (as determined by the Secretary concerned) and members who would be eligible for retired pay under chapter 67 of this title but for the fact that the member is under 60 years of age, and the dependents of such members, shall be per- mitted to use the exchange stores and other revenue generating facilities operated by nonappropriated fund activities of the Department of Defense for the morale, welfare, and recreation of members of the Armed Forces. Such use shall be permitted on the same basis as members on active duty. ‘‘(b) ELIGIBILITY TO USE AUTHORIZED.—Subject to such regulations as the Secretary of Defense may prescribe, members of the Ready Reserve (other than members of the Selected Reserve) may be permitted to use the fa- cilities referred to in subsection (a) on the same basis as members serving on active duty.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–510, div. A, title III, § 321(e)(1), Nov. 5, 1990, 104 Stat. 1528, provided that: ‘‘The amendments made by subsections (b) and (c) [enacting this section and former section 1064 of this title] shall take effect 120 days after the date of the enactment of this Act [Nov. 5, 1990].’’ REGULATIONS Pub. L. 101–510, div. A, title III, § 321(e)(2), Nov. 5, 1990, 104 Stat. 1528, provided that: ‘‘The Secretary of Defense shall prescribe such regulations as may be necessary for the proper administration of sections [former] 1064 and 1065 [now 1063] of title 10, United States Code, as added by this section, not later than 90 days after the date of the enactment of this Act [Nov. 5, 1990].’’ [§ 1063a. Renumbered § 1064] § 1064. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency (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 com- missary 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 per- mitted under subsection (a) to use commissary stores and MWR retail facilities shall be per- mitted 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 Presi- dential declaration of major disaster is issued Page 958 TITLE 10—ARMED FORCES § 1065 1 See References in text note below. 1 See References in Text note below. under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (2) MWR RETAIL FACILITIES.—The term ‘‘MWR retail facilities’’ has the meaning given that term in section 1063(e) 1 of this title. (3) NATIONAL EMERGENCY.—The term ‘‘na- tional emergency’’ means a national emer- gency declared by the President or Congress. (Added Pub. L. 105–261, div. A, title III, § 362(c), Oct. 17, 1998, 112 Stat. 1985, § 1063a; amended Pub. L. 107–314, div. A, title III, § 322(a), (b)(1), Dec. 2, 2002, 116 Stat. 2510; renumbered § 1064 and amend- ed Pub. L. 108–136, div. A, title VI, § 651(b)(2), (3), Nov. 24, 2003, 117 Stat. 1521.) Editorial Notes REFERENCES IN TEXT Section 1063(e) of this title, referred to in subsec. (c)(2), was redesignated section 1063(f) of this title by Pub. L. 118–31, div. A, title XVII, 1722(h)(2), Dec. 22, 2023, 137 Stat. 672. PRIOR PROVISIONS A prior section 1064, added Pub. L. 101–510, div. A, title III, § 321(b), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title III, § 362(b), (d)(2), Oct. 17, 1998, 112 Stat. 1984, 1985, related to use of commissary stores by persons qualified for re- tired pay but under age 60, prior to repeal by Pub. L. 108–136, div. A, title VI, § 651(b)(1), Nov. 24, 2003, 117 Stat. 1521. AMENDMENTS 2003—Pub. L. 108–136, § 651(b)(3), renumbered section 1063a of this title as this section. Subsec. (c)(2). Pub. L. 108–136, § 651(b)(2), substituted ‘‘section 1063(e)’’ for ‘‘section 1065(e)’’. 2002—Pub. L. 107–314, § 322(b)(1), inserted ‘‘or national emergency’’ after ‘‘disaster’’ in section catchline. Subsec. (a). Pub. L. 107–314, § 322(a)(1), inserted ‘‘or national emergency’’ after ‘‘disaster’’. Subsec. (c)(3). Pub. L. 107–314, § 322(a)(2), added par. (3). § 1065. Use of commissary stores and MWR facili- ties: certain veterans, caregivers for vet- erans, and Foreign Service officers (a) ELIGIBILITY OF VETERANS AWARDED THE PURPLE HEART.—A veteran who was awarded the Purple Heart shall be permitted to use com- missary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay. (b) ELIGIBILITY OF VETERANS WHO ARE MEDAL OF HONOR RECIPIENTS.—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces en- titled to retired or retainer pay. (c) ELIGIBILITY OF VETERANS WHO ARE FORMER PRISONERS OF WAR.—A veteran who is a former prisoner of war shall be permitted to use com- missary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay. (d) ELIGIBILITY OF VETERANS WITH SERVICE- CONNECTED DISABILITIES.—A veteran with a serv- ice-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay. (e) ELIGIBILITY OF CAREGIVERS FOR VET- ERANS.—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay. (f) ELIGIBILITY OF FOREIGN SERVICE OFFICERS ON MANDATORY HOME LEAVE.—A Foreign Service officer on mandatory home leave may be per- mitted to use military lodging referred to in subsection (h). (g) USER FEE AUTHORITY.—(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility. (2) The Secretary shall set the user fee under this subsection at a rate that the Secretary de- termines will offset any increase in expenses arising from this section borne by the Depart- ment of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including ex- penses related to card network use and related transaction processing fees. (3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury. (4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title. (h) DEFINITIONS.—In this section: (1) The term ‘‘MWR facilities’’ includes— (A) MWR retail facilities, as that term is defined in section 1063(e) 1 of this title; and (B) military lodging operated by the De- partment of Defense for the morale, welfare, and recreation of members of the armed forces. (2) The term ‘‘Medal of Honor recipient’’ has the meaning given that term in section 1074h(c) of this title. (3) The terms ‘‘veteran’’, ‘‘former prisoner of war’’, and ‘‘service-connected’’ have the mean- ings given those terms in section 101 of title 38. (4) The terms ‘‘caregiver’’ and ‘‘family care- giver’’ have the meanings given those terms in section in section 1720G(d) of title 38. (5) The term ‘‘Foreign Service officer’’ has the meaning given that term in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). (6) The term ‘‘mandatory home leave’’ means leave under section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083). (Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), Aug. 13, 2018, 132 Stat. 1798; amended Pub. L. 116–92, div. A, title VI, § 641(a), Dec. 20, 2019, 133 Stat. 1430.) Editorial Notes REFERENCES IN TEXT Section 1063(e) of this title, referred to in subsec. (h)(1)(A), was redesignated section 1063(f) of this title by Pub. L. 118–31, div. A, title XVII, 1722(h)(2), Dec. 22, 2023, 137 Stat. 672.