§1064 — Title 10 Armed Forces | U.S. Code

Summary

If a National Guard member is called or ordered to duty to respond to a federally declared disaster or a national emergency, and they are not in federal active service, they may use commissary stores and MWR retail shops the same as active-duty service members. Their dependents can use those same facilities at the same time and on the same basis. Federally declared disaster: a disaster with a Presidential major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). MWR retail facilities: meaning given in section 1063(e) of this title. National emergency: a national emergency declared by the President or by Congress.

Title 10, §1064

Armed Forces — Source: USLM XML via OLRC

(a)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)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)In this section:

(1)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)The term “MWR retail facilities” has the meaning given that term in section 1063(e) 11 See References in text note below. of this title.

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

Notes & Related Subsidiaries

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), 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.

Amendments

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).

§1064 Use of Commissary Stores and Mwr Retail Facilities: Members of National Guard Serving in Federally Declared Disaster or National Emergency