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Title 10 — Armed Forces

Part II · Chapter 54 — Commissary and Exchange Benefits

§ 1064. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency

Statutory text

(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) 1 of this title.

(3)

National emergency.—

The term “national emergency” means a national emergency declared by the President or Congress.

Footnotes

  1. 1 See References in text note below.

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. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title III § 362(c) · 112 Stat. 1920

    Enacted · 10 U.S.C. § 1064

    Added Pub. L. 105–261, div. A, title III, § 362(c), Oct. 17, 1998, 112 Stat. 1985, § 1063a

    Source evidence

    Code source credit
    Added Pub. L. 105–261, div. A, title III, § 362(c), Oct. 17, 1998, 112 Stat. 1985, § 1063a

    Enacted provision · exact public law section
    (c) Eligibility of Members of National Guard Serving in Federally Declared Disaster.— Chapter 54 of such title is amended by inserting after section 1063 the following new section: “§1063a. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster “(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 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 1065(e) of this title.”.

  2. Pub. L. 107–314 § 322(b)(1) · 116 Stat. 2458

    Inserted · 10 U.S.C. § 1064

    Pub. L. 107–314, § 322(b)(1), inserted “or national emergency” after “disaster” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–314, § 322(b)(1), inserted “or national emergency” after “disaster” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§ 1063a. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency”. (2) The table of sections at the beginning of chapter 54 of such title is amended by striking the item relating to section 1063a and inserting the following new item: “1063a. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency.”.

  3. Pub. L. 107–314 § 322(a)(1) · 116 Stat. 2458

    Inserted · 10 U.S.C. § 1064(a)

    Pub. L. 107–314, § 322(a)(1), inserted “or national emergency” after “disaster”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–314, § 322(a)(1), inserted “or national emergency” after “disaster”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “or national emergency” after “federally declared disaster”; and

  4. Pub. L. 107–314 § 322(a)(2) · 116 Stat. 2458

    Added · 10 U.S.C. § 1064(c)(3)

    Pub. L. 107–314, § 322(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 107–314, § 322(a)(2), added par. (3).

    Enacted provision · exact public law section
    (2) in subsection (c), by adding at the end the following new paragraph:

  5. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 651(b)(3) · 117 Stat. 1392

    Changed · 10 U.S.C. § 1064

    Pub. L. 108–136, § 651(b)(3), renumbered section 1063a of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 108–136, § 651(b)(3), renumbered section 1063a of this title as this section.

    Enacted provision · exact public law section
    (3) by redesignating section 1063a, as amended by paragraph (2), as section 1064;

  6. National Defense Authorization Act for Fiscal Year 2004

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

    Substituted · 10 U.S.C. § 1064(c)(2)

    Pub. L. 108–136, § 651(b)(2), substituted “section 1063(e)” for “section 1065(e)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–136, § 651(b)(2), substituted “section 1063(e)” for “section 1065(e)”.

    Enacted provision · exact public law section
    (2) in section 1063a(c)(2), by striking “section 1065(e)” and inserting “section 1063(e)”;

6 of 6 references resolved to an enrolled provision

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), , 137 Stat. 672.

Prior Provisions

A prior section 1064, added Pub. L. 101–510, div. A, title III, § 321(b), , 104 Stat. 1528; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(8), , 110 Stat. 499; Pub. L. 105–261, div. A, title III, § 362(b), (d)(2), , 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), , 117 Stat. 1521.

Amendments2002–2003 · 2 rounds

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).

Credits

1998–2003 · 3 acts
  1. 1998Added Pub. L. 105–261, div. A, title III, § 362(c), , 112 Stat. 1985, § 1063a
  2. 2002amended Pub. L. 107–314, div. A, title III, § 322(a), (b)(1), , 116 Stat. 2510
  3. 2003renumbered § 1064 and amended Pub. L. 108–136, div. A, title VI, § 651(b)(2), (3), , 117 Stat. 1521.
Show as published

(Added Pub. L. 105–261, div. A, title III, § 362(c), , 112 Stat. 1985, § 1063a; amended Pub. L. 107–314, div. A, title III, § 322(a), (b)(1), , 116 Stat. 2510; renumbered § 1064 and amended Pub. L. 108–136, div. A, title VI, § 651(b)(2), (3), , 117 Stat. 1521.)

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