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

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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).(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.(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 amended Pub. L. 108–136, div. A, title VI, § 651(b)(2), (3), Nov. 24, 2003, 117 Stat. 1521.)Editorial NotesReferences 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 retired 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).

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Palmer v. United States, 38 Fed. Cl. 316 (Fed. Cl. 1997).

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Palmer v. United States, 38 Fed. Cl. 316 (Fed. Cl. 1997). “ARPERCEN construes 10 U.S.C. § 1064 , and regulations thereunder, for reservists who have elected discharge rather than assignment to the retired reserve, to be ineligible for commissary stores of DOD.”

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