Contents
- 1061 Survivors of certain Reserve and Guard members
- 1062 Certain former spouses and surviving spouses1 change
- 1063 Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 608 changes
- 1063a Renumbered § 1064]
- 1064 Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency5 changes
- 1065 Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers3 changes
- 1066 Use of commissary stores and MWR facilities: certain civilian employees3 changes
Chapter 54 · Commissary and exchange benefits
1061Survivors of certain Reserve and Guard members#
(a)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)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).
1062Certain former spouses and surviving spouses#
(a)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)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)In this section, the term “MWR retail facilities” has the meaning given that term in section 1063 of this title.
1063Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60#
(a)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)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)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)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)
(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)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.
1064Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency#
(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) 1 of this title.
(3)The term “national emergency” means a national emergency declared by the President or Congress.
1065Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers#
(a)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)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)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)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)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)A Foreign Service officer on mandatory home leave may be permitted to use military lodging referred to in subsection (h).
(g)
(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)In this section:
(1)The term “MWR facilities” includes—
(A)MWR retail facilities, as that term is defined in section 1063(e) 1 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).
1066Use of commissary stores and MWR facilities: certain civilian employees#
(a)
(1)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.
(2)A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty.
(b)
(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)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).
United States Government work; public domain under 17 U.S.C. § 105.