10 U.S.C. § 1146

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 1146 - Commissary and exchange benefits

(a) MEMBERS INVOLUNTARILY SEPARATED FROM ACTIVE DUTY.-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.

(b) MEMBERS INVOLUNTARILY SEPARATED FROM SELECTED RESERVE.-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.

(c) MEMBERS RECEIVING SOLE SURVIVORSHIP DISCHARGE.-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:

(1) The date of the separation of the member.

(2) The date on which the member is first notified of the member's entitlement to benefits under this section.

(d) EMERGENCY RESPONSE PROVIDERS DURING A DECLARED MAJOR DISASTER OR EMERGENCY.-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).

10 U.S.C. § 1146

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.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (d). Pub. L. 116-283 added subsec. (d).2013-Subsec. (a). Pub. L. 112-239, §631(a)(1), (b)(1), substituted "2018" for "2012" and "The Secretary concerned" for "The Secretary of Transportation".Subsec. (b). Pub. L. 112-239, §1076(f) (16), inserted "when the Coast Guard is not operating as a service in the Navy" before period at end. Pub. L. 112-239, §631(a)(2), (b)(2), substituted "2018" for "2012" and "The Secretary concerned" for "The Secretary of Homeland Security".2011-Subsec. (a). Pub. L. 111-383, §1075(b) (16)(A), struck out "(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEPARATED.-" before "The Secretary".Subsec. (b). Pub. L. 111-383, §1075(b) (16)(B), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c). Subsec. (c). Pub. L. 111-383, §1075(b) (16)(B), (C), redesignated subsec. (b) relating to benefits for members receiving sole survivorship discharge as (c), struck out "Benefits for" before "Members" in heading, and substituted "armed forces" for "Armed Forces" in introductory provisions and "the member's entitlement" for "the members entitlement" in par. (2). 2008- Pub. L. 110-317 substituted "(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEPARATED.-The Secretary of Defense" for "The Secretary of Defense" and added subsec. (b) relating to benefits for members receiving sole survivorship discharge. Pub. L. 110-181 inserted "(a) MEMBERS INVOLUNTARILY SEPARATED FROM ACTIVE DUTY.-" before "The Secretary of Defense", substituted "October 1, 2007, and ending on December 31, 2012" for "October 1, 1990, and ending on December 31, 2001" in first sentence and "the same period" for "the period beginning on October 1, 1994, and ending on December 31, 2001" in second sentence, and added subsec. (b) relating to members involuntarily separated from the Selected Reserve. 2000- Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001" in two places.1998- Pub. L. 105-261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990" and "during the period beginning on October 1, 1994, and ending on September 30, 2001" for "during the five-year period beginning on October 1, 1994".1994- Pub. L. 103-337 inserted at end "The Secretary of Transportation shall implement this provision for Coast Guard members involuntarily separated during the five-year period beginning October 1, 1994."1993- Pub. L. 103-160 substituted "nine-year period" for "five-year period".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110-317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103-337, set out as a note under section 1141 of this title.

TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.