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Title 10 — Armed Forces

Part II · Chapter 54 — Commissary and Exchange Benefits

§ 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers

Statutory text

(a)

Eligibility of Veterans Awarded the Purple Heart.—

A veteran who was awarded the Purple Heart 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.

(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 entitled 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 commissary 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 service-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 Veterans.—

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 permitted 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 determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses 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 Department 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 meanings given those terms in section 101 of title 38.

(4)

The terms “caregiver” and “family caregiver” 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).

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. Purple Heart and Disabled Veterans Equal Access Act of 2018

    Pub. L. 115–232 div. A title VI § 621(b)(1) · 132 Stat. 1636

    Enacted · 10 U.S.C. § 1065

    Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), Aug. 13, 2018, 132 Stat. 1798

    Source evidence

    Code source credit
    Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), Aug. 13, 2018, 132 Stat. 1798

    Enacted provision · exact public law section
    (1) Extension of privileges.— Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans “(a) Eligibility of Veterans Awarded the Purple Heart.— A veteran who was awarded the Purple Heart 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. “(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 entitled 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 commissary 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 service-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 Veterans.— 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) 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 determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses 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. “(g) Definitions.— In this section: “(1) The term ‘MWR facilities’ includes— “(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and “(B) military lodging operated by the Department 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 meanings given those terms in section 101 of title 38. “(4) The terms ‘caregiver’ and ‘family caregiver’ have the meanings given those terms in section in section 1720G(d) of title 38.” .

    Effective date note
    Pub. L. 116–92, div. A, title VI, § 641(b), Dec. 20, 2019, 133 Stat. 1431, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232.”

  2. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 641(a)(1) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 1065

    Pub. L. 116–92, § 641(a)(1), substituted “veterans, caregivers for veterans, and Foreign Service officers” for “veterans and caregivers for veterans” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–92, § 641(a)(1), substituted “veterans, caregivers for veterans, and Foreign Service officers” for “veterans and caregivers for veterans” in section catchline.

    Enacted provision · exact public law section
    (1) in the heading, by striking “veterans and caregivers for veterans” and inserting “veterans, caregivers for veterans, and Foreign Service officers”;

    Effective date note
    Pub. L. 116–92, div. A, title VI, § 641(b), Dec. 20, 2019, 133 Stat. 1431, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232.”

  3. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 641(a)(2) · 133 Stat. 1198

    1. Added · 10 U.S.C. § 1065(f)(h)

      Pub. L. 116–92, § 641(a)(2), (3), added subsec. (f)

    2. Redesignated · 10 U.S.C. § 1065(f)(h)

      Pub. L. 116–92, § 641(a)(2), (3), redesignated former subsecs. (f) and (g) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 116–92, § 641(a)(2), (3), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

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

    Effective date note
    Pub. L. 116–92, div. A, title VI, § 641(b), Dec. 20, 2019, 133 Stat. 1431, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232.”

  4. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 641(a)(4) · 133 Stat. 1198

    Added · 10 U.S.C. § 1065(h)(5); 10 U.S.C. § 1065(h)(6)

    Pub. L. 116–92, § 641(a)(4), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (h)(5), (6). Pub. L. 116–92, § 641(a)(4), added pars. (5) and (6).

    Enacted provision · exact public law section
    (4) in subsection (h), as redesignated by paragraph (2), by adding at the end the following new paragraphs: “(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).” .

    Effective date note
    Pub. L. 116–92, div. A, title VI, § 641(b), Dec. 20, 2019, 133 Stat. 1431, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232.”

5 of 5 references resolved to an enrolled provision

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), , 137 Stat. 672.

Prior Provisions

A prior section 1065 was renumbered section 1063 of this title.

Amendments

2019—Pub. L. 116–92, § 641(a)(1), substituted “veterans, caregivers for veterans, and Foreign Service officers” for “veterans and caregivers for veterans” in section catchline.

Subsecs. (f) to (h). Pub. L. 116–92, § 641(a)(2), (3), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

Subsec. (h)(5), (6). Pub. L. 116–92, § 641(a)(4), added pars. (5) and (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title VI, § 641(b), , 133 Stat. 1431, provided that: “The amendments made by this section [amending this section] shall take effect on , as if originally incorporated in section 621 of Public Law 115–232.”

Effective Date

Pub. L. 115–232, div. A, title VI, § 621(b)(3), , 132 Stat. 1799, provided that: “Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect on .”

Credits

2018–2019 · 2 acts
  1. 2018Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), , 132 Stat. 1798
  2. 2019amended Pub. L. 116–92, div. A, title VI, § 641(a), , 133 Stat. 1430.
Show as published

(Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), , 132 Stat. 1798; amended Pub. L. 116–92, div. A, title VI, § 641(a), , 133 Stat. 1430.)

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