Collapse to view only § 1062. Certain former spouses and surviving spouses
- § 1061. Survivors of certain Reserve and Guard members
- § 1062. Certain former spouses and surviving spouses
- § 1063. Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60
- [§ 1063a. Renumbered § 1064]
- § 1064. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency
- § 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers
- § 1066. Use of commissary stores and MWR facilities: protective services civilian employees
§ 1061. Survivors of certain Reserve and Guard members
(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).
(Added Pub. L. 100–370, § 1(c)(1), July 19, 1988, 102 Stat. 841.)
§ 1062. Certain former spouses and surviving spouses
(a)Certain Unremarried Former Spouses.—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 use commissary stores and MWR retail facilities to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services.
(b)Certain Remarried Surviving Spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.
(c)MWR Retail Facilities Defined.—In this section, the term “MWR retail facilities” has the meaning given that term in section 1063 of this title.
(Added Pub. L. 100–370, § 1(c)(1), July 19, 1988, 102 Stat. 841; amended Pub. L. 118–31, div. A, title VI, § 633(a), (c), Dec. 22, 2023, 137 Stat. 297.)
§ 1063. Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60
(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 commissary stores and 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 commissary stores and MWR retail facilities on the same basis as members serving on active duty.
(c)Reserve and Space Force Retirees Under Age 60.—A member or former member of a reserve component or the Space Force 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 commissary stores and MWR retail facilities on the same basis as members of the armed forces entitled to retired pay under any other provision of law.
(d)Members of the Space Force.—A member of the Space Force in a space force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve.
(e)Dependents.—
(1) Dependents of a member who is permitted under subsection (a), (b), or (d) to use commissary stores and MWR retail facilities shall be permitted to use stores and 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 commissary stores and MWR retail facilities shall be permitted to use stores and such facilities on the same basis as dependents of members of the armed forces entitled to retired pay under any other provision of law.
(f)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.
(Added Pub. L. 101–510, div. A, title III, § 321(c), Nov. 5, 1990, 104 Stat. 1528, § 1065; amended Pub. L. 104–106, div. A, title III, § 342(a), Feb. 10, 1996, 110 Stat. 265; renumbered § 1063 and amended Pub. L. 108–136, div. A, title VI, § 651(a), (b)(4), (5), Nov. 24, 2003, 117 Stat. 1521, 1522; Pub. L. 118–31, div. A, title XVII, § 1722(h), Dec. 22, 2023, 137 Stat. 672.)
[§ 1063a. Renumbered § 1064]
§ 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
1 See References in text note below.
of this title.(3)National emergency.—The term “national emergency” means a national emergency declared by the President or Congress.
(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.)
§ 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers
(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
1 See References in text note below.
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).
(Added Pub. L. 115–232, div. A, title VI, § 621(b)(1), Aug. 13, 2018, 132 Stat. 1798; amended Pub. L. 116–92, div. A, title VI, § 641(a), Dec. 20, 2019, 133 Stat. 1430.)
§ 1066. Use of commissary stores and MWR facilities: protective services civilian employees
(a)Eligibility of Protective Services Civilian Employees.—An individual employed as a protective services civilian employee at a military installation may be permitted to purchase food and hygiene items at a commissary store or MWR retail facility located on that military installation.
(b)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.
(c)Definitions.—In this section:
(1) The term “MWR retail facility” has the meaning given that term in section 1063 of this title.
(2) The term “protective services civilian employee” means a position in any of the following series (or successor classifications) of the General Schedule:
(A) Security Administration (GS–0080).
(B) Fire Protection and Prevention (GS–0081).
(C) Police (GS–0083).
(D) Security Guard (GS–0085).
(E) Emergency Management (GS–0089).
(Added Pub. L. 116–283, div. A, title VI, § 631(a), Jan. 1, 2021, 134 Stat. 3681.)