Public Law 119-73 (01/23/2026)

10 U.S.C. § 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.

Pub. L. 101–510, div. A, title III, § 321(c)104 Stat. 1528Pub. L. 104–106, div. A, title III, § 342(a)110 Stat. 265Pub. L. 108–136, div. A, title VI, § 651(a)117 Stat. 1521Pub. L. 118–31, div. A, title XVII, § 1722(h)137 Stat. 672(Added , , , § 1065; amended , , ; renumbered § 1063 and amended , (b)(4), (5), , , 1522; , , .)

Editorial Notes

Prior Provisions

Pub. L. 99–661, div. A, title VI, § 656(a)(1)100 Stat. 3891Pub. L. 100–370, § 1(c)(2)(A)102 Stat. 841Pub. L. 101–510, div. A, title III, § 321(a)(1)104 Stat. 1527Pub. L. 102–484, div. A, title III, § 365(a)106 Stat. 2382Pub. L. 104–106, div. A, title XV, § 1501(c)(9)110 Stat. 499Pub. L. 105–261, div. A, title III, § 362(a)112 Stat. 1984Pub. L. 107–107, div. A, title III, § 331(a)115 Stat. 1057Pub. L. 108–136, div. A, title VI, § 651(b)(1)117 Stat. 1521A prior section 1063, added , , , § 1052; renumbered § 1063, , , ; amended , , ; , (c)(1), , ; , , ; , (d)(1), , , 1985; –(d)(2), , , related to use of commissary stores by members of Ready Reserve, prior to repeal by , , .

Amendments

Pub. L. 118–31, § 1722(h)(1)2023—Subsec. (c). , inserted “and Space Force” after “Reserve” in heading and “or the Space Force” after “reserve component” in text.

Pub. L. 118–31, § 1722(h)(3)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 118–31, § 1722(h)(2)Subsec. (e). , (4), redesignated subsec. (d) as (e) and substituted “subsection (a), (b), or (d)” for “subsection (a) or (b)” in par. (1). Former subsec. (e) redesignated (f).

Pub. L. 118–31, § 1722(h)(2)Subsec. (f). , redesignated subsec. (e) as (f).

Pub. L. 108–136, § 651(b)(4)section 1065 of this title2003—, (5), renumbered as this section and substituted “Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60” for “Morale, welfare, and recreation retail facilities: use by members of reserve components and dependents” in section catchline.

Pub. L. 108–136, § 651(a)(1)Subsecs. (a) to (c). , inserted “commissary stores and” after “use”.

Pub. L. 108–136, § 651(a)(2)Subsec. (d). , inserted “commissary stores and” after “permitted under subsection (a) or (b) to use” and “stores and” after “permitted to use” in par. (1), and inserted “commissary stores and” after “permitted under subsection (c) to use” and “stores and” after “permitted to use” in par. (2).

Pub. L. 104–1061996— 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:

Unrestricted Use Required“(a) .—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.

Eligibility to Use Authorized“(b) .—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.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–510, div. A, title III, § 321(e)(1)104 Stat. 1528

section 1064 of this title“The amendments made by subsections (b) and (c) [enacting this section and former ] shall take effect 120 days after the date of the enactment of this Act [].”
, , , provided that:

Regulations

Pub. L. 101–510, div. A, title III, § 321(e)(2)104 Stat. 1528

“The Secretary of Defense shall prescribe such regulations as may be necessary for the proper administration of sections [former] 1064 and 1065 [now 1063] 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 [].”
, , , provided that: