−CITE− 10 USC CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS . −HEAD− CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −MISC1− Sec. 1061. Survivors of certain Reserve and Guard members. 1062. Certain former spouses. 1063. Use of commissary stores: members of Ready Reserve. 1063a. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency. 1064. Use of commissary stores: persons qualified for retired pay under chapter 1223 but under age 60. 1065. Morale, welfare, and recreation retail facilities: use by members of reserve components and dependents. AMENDMENTS 2002 − Pub. L. 107−314, div. A, title III, Sec. 322(b)(2), Dec. 2, 2002, 116 Stat. 2510, inserted ''or national emergency'' after

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''disaster'' in item 1063a. 2001 − Pub. L. 107−107, div. A, title III, Sec. 331(d)(3), Dec. 28, 2001, 115 Stat. 1058, struck out ''with at least 50 creditable points'' after ''Ready Reserve'' in item 1063. 1998 − Pub. L. 105−261, div. A, title III, Sec. 362(e), Oct. 17, 1998, 112 Stat. 1985, added items 1063, 1063a, and 1064 and struck out former items 1063 ''Period for use of commissary stores: eligibility for members of the Ready Reserve'' and 1064 ''Use of commissary stores by certain members and former members''. 1996 − Pub. L. 104−106, div. A, title III, Sec. 342(b), Feb. 10, 1996, 110 Stat. 266, 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 item 1065. 1992 − Pub. L. 102−484, div. A, title III, Sec. 365(c)(2), Oct. 23, 1992, 106 Stat. 2382, substituted ''eligibility for members of the Ready Reserve'' for ''eligibility attributable to active duty for training''. 1990 − Pub. L. 101−510, div. A, title III, Sec. 321(d), Nov. 5, 1990, 104 Stat. 1528, added items 1064 and 1065. −CITE− 10 USC Sec. 1061 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law

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PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1061. Survivors of certain Reserve and Guard members −STATUTE− (a) Benefits. − The Secretary of Defense shall prescribe regulations to allow dependents of members of the uniformed services described in subsection (b) to use commissary and exchange stores on the same basis as dependents of members of the uniformed services who die while on active duty for a period of more than 30 days. (b) Covered Dependents. − A dependent referred to in subsection (a) is a dependent of a member of a uniformed service who died − (1) while on active duty, active duty for training, or inactive−duty training (regardless of the period of such duty); or (2) while traveling to or from the place at which the member was to perform, or has performed, active duty, active duty for training, or inactive−duty training (regardless of the period of such duty). −SOURCE− (Added Pub. L. 100−370, Sec. 1(c)(1), July 19, 1988, 102 Stat. 841.) −MISC1− HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99−145, title III, Sec. 308, Nov. 8,

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1985, 99 Stat. 618. −CITE− 10 USC Sec. 1062 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1062. Certain former spouses −STATUTE− The Secretary of Defense shall prescribe such regulations as may be necessary to provide that an unremarried former spouse described in subparagraph (F)(i) of section 1072(2) of this title is entitled to commissary and exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services. −SOURCE− (Added Pub. L. 100−370, Sec. 1(c)(1), July 19, 1988, 102 Stat. 841.) −MISC1− HISTORICAL AND REVISION NOTES Section is based on Pub. L. 97−252, title X, Sec. 1005, Sept. 8, 1982, 96 Stat. 737. −CITE− 10 USC Sec. 1063 01/06/03

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−EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1063. Use of commissary stores: members of Ready Reserve −STATUTE− (a) Eligibility of Members With 50 or More Creditable Points. − A member of the Ready Reserve who satisfactorily completes 50 or more points creditable under section 12732(a)(2) of this title in a calendar year shall be eligible to use commissary stores of the Department of Defense. The Secretary concerned shall authorize the member to have 24 days of eligibility for any calendar year that the member qualifies for eligibility under this subsection. (b) Eligibility of New Members. − (1) The Secretary concerned shall authorize a new member of the Ready Reserve to use commissary stores of the Department of Defense for a number of days accruing at the rate of two days for each month in which the member participates satisfactorily in training required under section 10147(a)(1) of this title or section 502(a) of title 32, as the case may be. (2) For the purposes of paragraph (1), a person shall be considered a new member of the Ready Reserve upon becoming a member and continuing without a break in the membership until the earlier of −

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(A) the date on which the member becomes eligible to use commissary stores under subsection (a); or (B) December 31 of the first calendar year in which the membership has been continuous for the entire year. (3) A new member may not be authorized under this subsection to use commissary stores for more than 24 days for any calendar year. (c) Effect of Compensation or Type of Duty. − Subsections (a) and (b) shall apply without regard to whether, during the calendar year, the member receives compensation for the duty or training performed by the member or performs active duty for training. (d) Regulations. − The Secretary concerned shall prescribe regulations, subject to the approval of the Secretary of Defense, to carry out this section. The regulations shall specify the required documentation of satisfactory participation in training for the purposes of subsection (b). −SOURCE− (Added Pub. L. 99−661, div. A, title VI, Sec. 656(a)(1), Nov. 14, 1986, 100 Stat. 3891, Sec. 1052; renumbered Sec. 1063, Pub. L. 100−370, Sec. 1(c)(2)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 101−510, div. A, title III, Sec. 321(a)(1), Nov. 5, 1990, 104 Stat. 1527; Pub. L. 102−484, div. A, title III, Sec. 365(a), (c)(1), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 104−106, div. A, title XV, Sec. 1501(c)(9), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105−261, div. A, title III, Sec. 362(a), (d)(1), Oct. 17, 1998, 112 Stat. 1984, 1985; Pub. L. 107−107, div. A, title III, Sec. 331(a)−(d)(2), Dec. 28, 2001, 115 Stat. 1057.)

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−MISC1− AMENDMENTS 2001 − Pub. L. 107−107, Sec. 331(d)(1), struck out ''with at least 50 creditable points'' after ''Ready Reserve'' in section catchline. Subsec. (a). Pub. L. 107−107, Sec. 331(d)(2), substituted ''With 50 or More Creditable Points'' for ''of Ready Reserve'' in heading. Subsec. (b). Pub. L. 107−107, Sec. 331(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107−107, Sec. 331(c), substituted ''Subsections (a) and (b) shall apply'' for ''Subsection (a) shall apply''. Pub. L. 107−107, Sec. 331(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107−107, Sec. 331(b), inserted at end ''The regulations shall specify the required documentation of satisfactory participation in training for the purposes of subsection (b).'' Pub. L. 107−107, Sec. 331(a)(1), redesignated subsec. (c) as (d). 1998 − Pub. L. 105−261, Sec. 362(d)(1), substituted ''Use of commissary stores: members of Ready Reserve with at least 50 creditable points'' for ''Period for use of commissary stores: eligibility for members of the Ready Reserve'' as section catchline. Subsecs. (a), (b). Pub. L. 105−261, Sec. 362(a), struck out ''(1)'' before ''A member of'' and substituted ''24 days of

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eligibility'' for ''12 days of eligibility'' in subsec. (a), redesignated subsec. (a)(2) as subsec. (b), inserted subsec. (b) heading, substituted ''Subsection (a)'' for ''Paragraph (1)'', and struck out former subsec. (b) which read as follows: ''(b) Limitation. − A member may not use commissary stores by reason of this section for more than 14 days in any period of 365 days.'' 1996 − Subsec. (a)(1). Pub. L. 104−106 substituted ''section 12732(a)(2)'' for ''section 1332(a)(2)''. 1992 − Pub. L. 102−484, Sec. 365(c)(1), substituted ''eligibility for members of the Ready Reserve'' for ''eligibility attributable to active duty for training'' in section catchline. Subsec. (a). Pub. L. 102−484, Sec. 365(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ''Eligibility of Members of Ready Reserve. − A member of the Ready Reserve who performs active duty for training (or annual training without compensation equivalent to active duty for training) shall accrue eligibility to use commissary stores of the Department of Defense for each day of that training. The Secretary concerned shall authorize the member to have one day of eligibility for using commissary stores, up to 12 days each calendar year, for the performance of that duty.'' 1990 − Subsec. (a). Pub. L. 101−510 substituted ''Eligibility of members of Ready Reserve'' for ''Period for use of eligibility'' in heading and amended text generally. Prior to amendment, text read as follows: ''If under regulations establishing eligibility for use

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of commissary stores, a member of the armed forces accrues eligibility to use commissary stores of the Department of Defense by reason of the performance of active duty for training, the Secretary concerned shall authorize the member to have one year from the date on which the member performs active duty for training to use a day of eligibility for using commissary stores attributable to the performance of that duty.'' 1988 − Pub. L. 100−370 renumbered section 1052 of this title as this section. EFFECTIVE DATE OF 1996 AMENDMENT Section 1501(c) of Pub. L. 104−106 provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103−337, as originally enacted. EFFECTIVE DATE OF 1992 AMENDMENT Section 365(b) of Pub. L. 102−484 provided that: ''The amendment made by subsection (a) (amending this section) shall apply to the completion of reserve points beginning in calendar year 1992.'' EFFECTIVE DATE OF 1990 AMENDMENT Section 321(a)(2) of Pub. L. 101−510 provided that: ''Section 1063(a) of title 10, United States Code (as amended by subsection (a)), shall apply with respect to active duty for training or annual training performed by a member of the Ready Reserve after the date of the enactment of this Act (Nov. 5, 1990).'' EFFECTIVE DATE

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Section 656(c) of Pub. L. 99−661 provided that: ''Section 1052 (now 1063) of title 10, United States Code, as added by the amendments made by subsection (a), and the repeal made by subsection (b) (repealing section 1013 of Pub. L. 98−94), shall apply only with respect to active duty for training performed on or after the date of the enactment of this Act (Nov. 14, 1986).'' COMMISSARY AND EXCHANGE PRIVILEGES FOR SURVIVORS OF CERTAIN RESERVISTS Pub. L. 99−145, title III, Sec. 308, Nov. 8, 1985, 99 Stat. 618, which required the Secretary of Defense to prescribe regulations to allow dependents of certain deceased members of the uniformed services to use commissary and exchange stores on the same basis as dependents of members of the uniformed services who die while on active duty for a period of more than 30 days, was repealed and restated in section 1061 of this title by Pub. L. 100−370, Sec. 1(c)(1), (4), July 19, 1988, 102 Stat. 841. −CITE− 10 USC Sec. 1063a 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1063a. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared

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disaster or national emergency −STATUTE− (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 1065(e) of this title. (3) National emergency. − The term ''national emergency'' means a national emergency declared by the President or Congress. −SOURCE− (Added Pub. L. 105−261, div. A, title III, Sec. 362(c), Oct. 17,

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1998, 112 Stat. 1985; amended Pub. L. 107−314, div. A, title III, Sec. 322(a), (b)(1), Dec. 2, 2002, 116 Stat. 2510.) −MISC1− AMENDMENTS 2002 − Pub. L. 107−314, Sec. 322(b)(1), inserted ''or national emergency'' after ''disaster'' in section catchline. Subsec. (a). Pub. L. 107−314, Sec. 322(a)(1), inserted ''or national emergency'' after ''disaster''. Subsec. (c)(3). Pub. L. 107−314, Sec. 322(a)(2), added par. (3). −CITE− 10 USC Sec. 1064 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1064. Use of commissary stores: persons qualified for retired pay under chapter 1223 but under age 60 −STATUTE− Under regulations prescribed by the Secretary of Defense, a person who would be eligible for retired pay under chapter 1223 of this title but for the fact that the person is under 60 years of age shall be authorized to use commissary stores of the Department of Defense for 24 days each calendar year. −SOURCE−

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(Added Pub. L. 101−510, div. A, title III, Sec. 321(b), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 104−106, div. A, title XV, Sec. 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105−261, div. A, title III, Sec. 362(b), (d)(2), Oct. 17, 1998, 112 Stat. 1984, 1985.) −MISC1− AMENDMENTS 1998 − Pub. L. 105−261 substituted ''stores: persons qualified for retired pay under chapter 1223 but under age 60'' for ''stores by certain members and former members'' in section catchline and ''for 24 days each calendar year'' for ''for 12 days each calendar year'' in text. 1996 − Pub. L. 104−106 substituted ''chapter 1223'' for ''chapter 67''. EFFECTIVE DATE OF 1996 AMENDMENT Section 1501(c) of Pub. L. 104−106 provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103−337, as originally enacted. EFFECTIVE DATE Section 321(e)(1) of Pub. L. 101−510 provided that: ''The amendments made by subsections (b) and (c) (enacting this section and section 1065 of this title) shall take effect 120 days after the date of the enactment of this Act (Nov. 5, 1990).'' REGULATIONS

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Section 321(e)(2) of Pub. L. 101−510 provided that: ''The Secretary of Defense shall prescribe such regulations as may be necessary for the proper administration of sections 1064 and 1065 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).'' −CITE− 10 USC Sec. 1065 01/06/03 −EXPCITE− TITLE 10 − ARMED FORCES Subtitle A − General Military Law PART II − PERSONNEL CHAPTER 54 − COMMISSARY AND EXCHANGE BENEFITS −HEAD− Sec. 1065. Morale, welfare, and recreation retail facilities: use by members of reserve components and dependents −STATUTE− (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.

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(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. −SOURCE− (Added Pub. L. 101−510, div. A, title III, Sec. 321(c), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 104−106, div. A, title III, Sec. 342(a), Feb. 10, 1996, 110 Stat. 265.) −MISC1− AMENDMENTS 1996 − Pub. L. 104−106 substituted ''Morale, welfare, and

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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.'' EFFECTIVE DATE Section effective 120 days after Nov. 5, 1990, see section 321(e)(1) of Pub. L. 101−510, set out as a note under section 1064 of this title. REGULATIONS For authority of Secretary of Defense to prescribe regulations

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necessary for proper administration of section, see section 321(e)(2) of Pub. L. 101−510, set out as a note under section 1064 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1063a of this title. −CITE−

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