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10 USC CHAPTER 54 - COMMISSARY AND EXCHANGE BENEFITS 01/06/03

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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

''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.

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10 USC Sec. 1061 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

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.)

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HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-145, title III, Sec. 308, Nov. 8,

1985, 99 Stat. 618.

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10 USC Sec. 1062 01/06/03

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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.)

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HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 97-252, title X, Sec. 1005, Sept. 8,

1982, 96 Stat. 737.

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10 USC Sec. 1063 01/06/03

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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 -

(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.)

-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

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

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

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.

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10 USC Sec. 1063a 01/06/03

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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

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,

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).

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10 USC Sec. 1064 01/06/03

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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-

(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

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).''

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10 USC Sec. 1065 01/06/03

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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.

(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

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

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.

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