US Code

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

10 U.S.C. § 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 .—

42 U.S.C. 5170The 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 ().
(2)

MWR retail facilities .—

1
1 See References in text note below.
The term “MWR retail facilities” has the meaning given that term in section 1063(e)  of this title.
(3)

National emergency .—

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

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

Editorial Notes

References in Text

Section 1063(e) of this titlesection 1063(f) of this titlePub. L. 118–31, div. A, title XVII137 Stat. 672, referred to in subsec. (c)(2), was redesignated by , 1722(h)(2), , .

Prior Provisions

Pub. L. 101–510, div. A, title III, § 321(b)104 Stat. 1528Pub. L. 104–106, div. A, title XV, § 1501(c)(8)110 Stat. 499Pub. L. 105–261, div. A, title III, § 362(b)112 Stat. 1984Pub. L. 108–136, div. A, title VI, § 651(b)(1)117 Stat. 1521A prior section 1064, added , , ; amended , , ; , (d)(2), , , 1985, related to use of commissary stores by persons qualified for retired pay but under age 60, prior to repeal by , , .

Amendments

Pub. L. 108–136, § 651(b)(3)section 1063a of this title2003—, renumbered as this section.

Pub. L. 108–136, § 651(b)(2)Subsec. (c)(2). , substituted “section 1063(e)” for “section 1065(e)”.

Pub. L. 107–314, § 322(b)(1)2002—, inserted “or national emergency” after “disaster” in section catchline.

Pub. L. 107–314, § 322(a)(1)Subsec. (a). , inserted “or national emergency” after “disaster”.

Pub. L. 107–314, § 322(a)(2)Subsec. (c)(3). , added par. (3).