§ 1063. Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title III § 321(c) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 1063

   Added Pub. L. 101–510, div. A, title III, § 321(c), Nov. 5, 1990, 104 Stat. 1528, § 1065

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title III, § 321(c), Nov. 5, 1990, 104 Stat. 1528, § 1065

   Enacted provision · exact public law section
   (c) Use of Morale, Welfare, and Recreation Facilities.— Chapter 54 of title 10, United States Code, is further amended by adding after section 1064, as added by subsection (b), the following new section: “§ 1065. Use of certain morale, welfare, and recreation facilities by members of reserve components and dependents “(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 permitted 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 facilities referred to in subsection (a) on the same basis as members serving on active duty.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title III § 342(a) · 110 Stat. 186

   1. Substituted · 10 U.S.C. § 1063

      Pub. L. 104–106 substituted “Morale, welfare, and recreation retail facilities: use by members of reserve components and dependents” for “Use of certain morale, welfare, and recreation facilities by members of reserve components and dependents” in section catchline

   2. Amended · 10 U.S.C. § 1063

      Pub. L. 104–106 amended text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 104–106 substituted “Morale, welfare, and recreation retail facilities: use by members of reserve 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 amendment, 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 permitted 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 facilities referred to in subsection (a) on the same basis as members serving on active duty.”

   Enacted provision · exact public law section
   (a) In General.— Section 1065 of title 10, United States Code, is amended to read as follows: “§ 1065. Morale, welfare, and recreation retail facilities: use by members of reserve components and dependents “(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 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 MWR retail facilities on the same basis as members serving on active duty. “(c) Reserve Retirees Under Age 60.— A member or former member of a reserve component 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 MWR retail facilities on the same basis as members of the armed forces entitled to retired pay under any other provision of law. “(d) Dependents.— (1) Dependents of a member who is permitted under subsection (a) or (b) to use MWR retail facilities shall be permitted to use 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 MWR retail facilities shall be permitted to use such facilities on the same basis as dependents of members of the armed forces entitled to retired pay under any other provision of law. “(e) MWR Retail Facility Defined.— In this section, the term ‘MWR retail facilities’ means 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.”.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 651(b)(4) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 1063

   Pub. L. 108–136, § 651(b)(4), (5), renumbered section 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 retail facilities: use by members of reserve components and dependents” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 651(b)(4), (5), renumbered section 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 retail facilities: use by members of reserve components and dependents” in section catchline.

   Enacted provision · exact public law section
   (4) by transferring section 1065, 10 USC 1063. as amended by subsection (a), so as to appear after section 1062; and

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 651(a)(1) · 117 Stat. 1392

   Inserted · 10 U.S.C. § 1063(a)(c)

   Pub. L. 108–136, § 651(a)(1), inserted “commissary stores and” after “use”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 108–136, § 651(a)(1), inserted “commissary stores and” after “use”.

   Enacted provision · exact public law section
   (1) in subsections (a), (b), and (c), by inserting “commissary stores and” after “use” each place it appears; and

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 651(a)(2) · 117 Stat. 1392

   1. Inserted · 10 U.S.C. § 1063(d)

      Pub. L. 108–136, § 651(a)(2), inserted “commissary stores and” after “permitted under subsection (a) or (b) to use” and “stores and” after “permitted to use” in par. (1)

   2. Inserted · 10 U.S.C. § 1063(d)

      Pub. L. 108–136, § 651(a)(2), inserted “commissary stores and” after “permitted under subsection (c) to use” and “stores and” after “permitted to use” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–136, § 651(a)(2), inserted “commissary 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).

   Enacted provision · exact public law section
   (2) in subsection (d)— (A) by inserting “commissary stores and” after “use” the first and third places it appears; and (B) by inserting “stores and” after “use” the second and fourth places it appears.

6. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1722(h)(1) · 137 Stat. 136

   Inserted · 10 U.S.C. § 1063(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in subsection (c)— (A) in the heading, by inserting “and Space Force” after “Reserve”; and (B) by inserting “or the Space Force” after “reserve component”;

7. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1722(h)(3) · 137 Stat. 136

   Redesignated · 10 U.S.C. § 1063(d)

   Pub. L. 118–31, § 1722(h)(3), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–31, § 1722(h)(3), added subsec. (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (3) by inserting after subsection (c) the following new subsection (d): “(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.” ; and

8. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1722(h)(2) · 137 Stat. 136

   1. Redesignated · 10 U.S.C. § 1063(e)

      Pub. L. 118–31, § 1722(h)(2), (4), redesignated subsec. (d) as (e)

   2. Redesignated · 10 U.S.C. § 1063(e)

      Pub. L. 118–31, § 1722(h)(2), (4), substituted “subsection (a), (b), or (d)” for “subsection (a) or (b)” in par. (1). Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 118–31, § 1722(h)(2), (4), redesignated subsec. (d) as (e) and substituted “subsection (a), (b), or (d)” for “subsection (a) or (b)” in par. (1). Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

9. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1722(h)(2) · 137 Stat. 136

   Redesignated · 10 U.S.C. § 1063(f)

   Pub. L. 118–31, § 1722(h)(2), redesignated subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 118–31, § 1722(h)(2), redesignated subsec. (e) as (f).

   Enacted provision · exact public law section
   (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

12 of 12 references resolved to an enrolled provision