10 U.S.C. § 1146 — Commissary and exchange benefits
submitted 36 years ago by Pub. L. 101-510 to r/title-10-ARMED-FORCES · 420 words · no verdicts yet
Certain involuntarily separated or sole-survivor service members may continue using commissaries, exchanges, and some recreation facilities for 2 years. The Secretary may also allow emergency responders to use a mobile store during a declared disaster or emergency.
(a) Active duty*. Defense must make regulations allowing a member involuntarily separated from active duty between October 1, 2007, and December 31, 2018, to use commissary and exchange stores for 2 years after separation as an active-duty member may. The responsible Secretary must do the same for Coast Guard members involuntarily separated in that period. (b) Selected Reserve. Defense must make regulations allowing a Selected Reserve member of the Ready Reserve involuntarily separated during that period because of force-shaping authority under section 647 or other force-shaping authority to use commissaries and exchanges for 2 years as an active-duty member may. The responsible Secretary must do this for Coast Guard members in that period when the Coast Guard is not operating as part of the Navy. (c) Sole-survivorship discharge. A member with such a discharge, a term defined in section 1174(i) and not defined here, may use commissaries, exchanges, and morale, welfare, and recreation facilities for 2 years after the later of (1) separation or (2) first notice of eligibility under this section, in the same way as an active-duty member. (d) Emergency responders. Defense may make regulations allowing an “emergency response provider,” a term defined in 6 U.S.C. § 101 and not defined here, to use a mobile commissary or exchange store deployed to an area covered by a major-disaster or emergency declaration under 42 U.S.C. § 5170.
The Secretary of Defense shall prescribe regulations to allow a member of the armed forces* who is involuntarily separated from active duty during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned* shall implement this provision for Coast Guard members involuntarily separated during the same period.
The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period when the Coast Guard is not operating as a service in the Navy.
A member of the armed forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates:
The date of the separation of the member.
The date on which the member is first notified of the member’s entitlement to benefits under this section.
The Secretary of Defense may prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
Source credit: (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103–160, div. A, title V, § 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(5), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(i), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V, § 571(i)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 110–181, div. A, title VI, § 651, Jan. 28, 2008, 122 Stat. 162; Pub. L. 110–317, § 5, Aug. 29, 2008, 122 Stat. 3528; Pub. L. 111–383, div. A, title X, § 1075(b)(16), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 112–239, div. A, title VI, § 631, title X, § 1076(f)(16), Jan. 2, 2013, 126 Stat. 1781, 1952; Pub. L. 116–283, div. A, title VI, § 632, Jan. 1, 2021, 134 Stat. 3682.)
- 1990Enacted · Pub. L. 101-510 · 104 Stat. 1556
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1668
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2768
- 1998Amended · Pub. L. 105-261 · 112 Stat. 2026
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2008Amended · Pub. L. 110-181 · 122 Stat. 162
- 2008Amended · Pub. L. 110-317 · 122 Stat. 3528
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4369
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1781, 1952
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3682
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.
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