--- kind: "section" citation: "10 U.S.C. § 1063" title: "10" title_heading: "Armed Forces" number: "1063" heading: "Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/1063" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 54 — Commissary and Exchange Benefits" --- # §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](/usc/10/101.md?p=c-6) in good standing (as determined by the [Secretary concerned](/usc/10/2801.md?p=c-5)) shall be permitted to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) on the same basis as members on [active duty](/usc/10/101.md?p=d-1). - (b) **Members of Ready Reserve Not in Selected Reserve.—** Subject to such regulations as the [Secretary](/usc/10/4951.md?p=3) of Defense may prescribe, a member of the Ready [Reserve](/usc/10/101.md?p=c-6) (other than members of the Selected [Reserve](/usc/10/101.md?p=c-6)) may be permitted to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) on the same basis as members serving on [active duty](/usc/10/101.md?p=d-1). - (c) **Reserve and Space Force Retirees Under Age 60.—** A member or former member of a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13) or the Space Force under 60 years of age who, but for age, would be eligible for retired [pay](/usc/10/101.md?p=a-15) under [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title shall be permitted to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) on the same basis as members of the [armed forces](/usc/10/101.md?p=a-4) entitled to retired [pay](/usc/10/101.md?p=a-15) under any other provision of law. - (d) **Members of the Space Force.—** A member of the Space Force in a [space force active status](/usc/10/101.md?p=e-1) who is not on [sustained duty](/usc/10/101.md?p=e-4) shall be permitted to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) under the same conditions as specified in [subsection (a)](#a) for a member of the Selected [Reserve](/usc/10/101.md?p=c-6). - (e) **Dependents.—** - (1) [Dependents](/usc/10/1072.md?p=2) of a member who is permitted under subsection [(a)](#a), [(b)](#b), or [(d)](#d) to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) shall be permitted to use stores and such [facilities](/usc/10/2700.md?p=2) on the same basis as [dependents](/usc/10/1072.md?p=2) of members on [active duty](/usc/10/101.md?p=d-1). - (2) [Dependents](/usc/10/1072.md?p=2) of a member who is permitted under [subsection (c)](#c) to use commissary stores and MWR retail [facilities](/usc/10/2700.md?p=2) shall be permitted to use stores and such [facilities](/usc/10/2700.md?p=2) on the same basis as [dependents](/usc/10/1072.md?p=2) of members of the [armed forces](/usc/10/101.md?p=a-4) entitled to retired [pay](/usc/10/101.md?p=a-15) under any other provision of law. - (f) **MWR Retail Facility Defined.—** In this section, the term “MWR retail [facilities](/usc/10/2700.md?p=2)” means exchange stores and other revenue-generating [facilities](/usc/10/2700.md?p=2) operated by nonappropriated fund activities of the [Department](/usc/10/101.md?p=a-6) of Defense for the morale, welfare, and recreation of members of the [armed forces](/usc/10/101.md?p=a-4). ## Source credit (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.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 1063, added Pub. L. 99–661, div. A, title VI, § 656(a)(1), Nov. 14, 1986, 100 Stat. 3891, § 1052; renumbered § 1063, Pub. L. 100–370, § 1(c)(2)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 101–510, div. A, title III, § 321(a)(1), Nov. 5, 1990, 104 Stat. 1527; Pub. L. 102–484, div. A, title III, § 365(a), (c)(1), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 104–106, div. A, title XV, § 1501(c)(9), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title III, § 362(a), (d)(1), Oct. 17, 1998, 112 Stat. 1984, 1985; Pub. L. 107–107, div. A, title III, § 331(a)–(d)(2), Dec. 28, 2001, 115 Stat. 1057, related to use of commissary stores by members of Ready Reserve, prior to repeal by Pub. L. 108–136, div. A, title VI, § 651(b)(1), Nov. 24, 2003, 117 Stat. 1521. ### Amendments 2023—Subsec. (c). Pub. L. 118–31, § 1722(h)(1), inserted “and Space Force” after “Reserve” in heading and “or the Space Force” after “reserve component” in text. Subsec. (d). Pub. L. 118–31, § 1722(h)(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 118–31, § 1722(h)(2), (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). Subsec. (f). Pub. L. 118–31, § 1722(h)(2), redesignated subsec. (e) as (f). 2003—Pub. L. 108–136, § 651(b)(4), (5), renumbered section 1065 of this title 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. Subsecs. (a) to (c). Pub. L. 108–136, § 651(a)(1), inserted “commissary stores and” after “use”. Subsec. (d). Pub. L. 108–136, § 651(a)(2), 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). 1996—Pub. L. 104–106 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: “(a) Unrestricted Use Required.—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. “(b) Eligibility to Use Authorized.—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), Nov. 5, 1990, 104 Stat. 1528, provided that: “The amendments made by subsections (b) and (c) [enacting this section and former section 1064 of this title] shall take effect 120 days after the date of the enactment of this Act [Nov. 5, 1990].” ### Regulations Pub. L. 101–510, div. A, title III, § 321(e)(2), Nov. 5, 1990, 104 Stat. 1528, provided that: “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 [Nov. 5, 1990].”