10 U.S.C. § 1064

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

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

(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.

¹ See References in text note below.

10 U.S.C. § 1064

Added Pub. L. 105-261, div. A, title III, §362(c), Oct. 17, 1998, 112 Stat. 1985, §1063a; amended Pub. L. 107-314, div. A, title III, §322(a), (b) (1), Dec. 2, 2002, 116 Stat. 2510; renumbered §1064 and amended Pub. L. 108-136, div. A, title VI, §651(b)(2), (3), Nov. 24, 2003, 117 Stat. 1521.

EDITORIAL NOTES

REFERENCES IN TEXTSection 1063(e) of this title, referred to in subsec. (c)(2), was redesignated section 1063(f) of this title by Pub. L. 118-31 1722(h)(2), Dec. 22, 2023, 137 Stat. 672.

PRIOR PROVISIONS A prior section 1064, added Pub. L. 101-510, div. A, title III, §321(b), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 104-106, div. A, title XV, §1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105-261, div. A, title III, §362(b), (d) (2), Oct. 17, 1998, 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), Nov. 24, 2003, 117 Stat. 1521.

AMENDMENTS2003- 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).

National Guard: The term "National Guard" means the Army National Guard and the Air National Guard.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.