Authorized patrons of commissary and exchange stores

(a) In general Chapter 54 of title 10, United States Code, is amended— (1) by redesignating sections 1061 through 1066 as sections 1062 through 1067, respectively; and (2) by inserting before section 1062, as so redesignated, the following new section: 1061. Authorized patrons of commissary and exchange stores (a) Authorized commissary patrons (1) In general The following categories of individuals may access commissary stores: (A) Members of the uniformed services, as follows: (i) Members of the armed forces on active duty. (ii) Members of the National Guard and reserve components in any duty status under this title or title 32. (iii) Members of the commissioned corps of the Public Health Service. (iv) Members of the commissioned officer corps of the National Oceanic and Atmospheric Administration, including wage-marine personnel authorized under section 264 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3074) to access commissary stores. (v) Cadets and midshipmen of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy. (B) Retired members of the uniformed services, as follows: (i) All members carried on the official retired lists of the uniformed services who are entitled to or eligible for retired or retainer pay. (ii) Retired wage-marine personnel of the National Oceanic and Atmospheric Administration and its predecessor services. (iii) Retired officers and crews of the former Lighthouse Service. (C) Other former members of the uniformed services, as follows: (i) Veterans— (I) discharged or released from service in the armed forces under honorable conditions; and (II) who are hospitalized in facilities where commissary stores are available. (ii) Any other retired or former members or veterans expressly entitled under this title to access commissary stores. (D) Dependents (as defined in section 1072 of this title) of any individual described in subparagraph (A), (B), or (C), including surviving spouses and dependents of members or veterans described in subparagraph (B) or (C). (E) Civilian employees of the Department of Defense and nonappropriated fund instrumentality employees (as defined in section 1587(a) of this title) who are— (i) are assigned to a military installation— (I) outside the United States; or (II) in a commonwealth, territory, or possession of the United States; or (ii) are designated by the Secretary concerned as serving in a mission-critical occupation or a position experiencing a significant staffing shortage. (F) Subject to paragraph (3)(D), civilian employees of other Federal agencies when serving outside the United States, or in a commonwealth, territory, or possession of the United States, pursuant to a written support agreement authorized under section 2470 of this title or other formal interagency agreement with the Department of Defense. (G) Subject to paragraph (3)(D), employees of United States nongovernmental organizations or firms working outside the United States, or in a commonwealth, territory, or possession of the United States, under contracts with the Department of Defense. (H) Civil service mariners of the Military Sealift Command and the Army Corps of Engineers. (I) Nuclear materials couriers (as defined in section 8331 of title 5). (2) Limited and temporary access categories In addition to the categories of individuals described in paragraph (1), the Secretary of Defense may authorize access to commissary stores for the following categories of individuals in the following circumstances: (A) Employees of the Defense Commissary Agency assigned to commissary stores within the United States, for personal, on-premise consumption during meals and authorized breaks within scheduled working hours. (B) Civilian officials of the Department of Defense appointed by the President who reside in Government quarters on military installations and family members of such officials who reside with such officials. (C) Officers and enlisted personnel of the military services of foreign countries when on duty with the United States armed forces or under reciprocal agreements. (D) Representatives and employees of the American National Red Cross, United Service Organizations, the United Seamen’s Service, the Armed Services Young Men’s Christian Association, and the Fisher House Foundation when assigned to duty with or in direct support of the armed forces— (i) outside the United States; or (ii) in a commonwealth, territory, or possession of the United States. (E) Personal agents designated in writing by the commander of a military installation to shop on behalf of individuals who are authorized to access commissary stores under this subsection. (F) Individuals or employees of entities granted temporary access, when such access is necessary to restore or sustain military operations, during— (i) federally declared disasters (as defined in section 1065 of this title); or (ii) humanitarian relief or other emergency operations. (G) Members of the armed forces who are involuntarily separated as a result of force reshaping during the two-year period following such separation. (H) Members of the armed forces who receive sole survivorship discharges described in section 1174(i) of this title during the two-year period following such separation. (3) Administration (A) Duration An individual is authorized to access commissary stores under this subsection for only so long as the qualifying status, employment, or assignment of the individual remains applicable or as otherwise provided by statute. (B) Exception This subsection does not authorize access to commissary stores in foreign countries where treaties or international agreements prohibit such access. (C) Limitations The authority under this subsection— (i) may not be used to establish a broad or permanent category of individuals authorized to access commissary stores other than a category specifically authorized by this subsection; and (ii) shall be implemented in a manner that ensures no additional funds are required to be appropriated. (D) Offsetting of costs of access for certain individuals In the case of an individual described in subparagraph (F) or (G) of paragraph (1), the Secretary of Defense may impose a fee or surcharge, or use another mechanism, as necessary to offset the administrative costs of providing the individual access to commissary stores. (E) Prohibition on expansion of access without approval of Congress Except as expressly authorized by an Act of Congress, the Secretary of Defense, and any other official or employee of the Department of Defense, may not expand eligibility for access to commissary stores to any additional individual or category of individuals by regulation, policy, memorandum, or other administrative action. (b) Authorized exchange system patrons (1) In general The categories of individuals authorized to access commissary stores under subsection (a) are also authorized to access the military exchange system operated by the Department of Defense, including the Army and Air Force Exchange Service, the Navy Exchange Service Command, and the Marine Corps Exchange. (2) Other authorized patrons (A) Civilian employees; nuclear materials couriers Civilian employees of the Department of Defense and nonappropriated fund instrumentality employees (as defined in section 1587(a) of this title), and nuclear materials couriers (as defined in section 8331 of title 5), are authorized to access military exchange stores located in the United States and in the commonwealths, territories, or possessions of the United States, including for the purchase of tobacco products and alcoholic beverages. (B) Veterans Veterans discharged or released from service in the armed forces under honorable conditions are authorized to access the online military exchange system, consistent with the policy of the Department of Defense in effect before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027 governing remote sales of the military exchange system. (C) Limitations Access to the military exchange system authorized under this paragraph does not— (i) include authorization to purchase military uniforms; or (ii) extend to any other programs, facilities, or services operated by nonappropriated fund activities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces. (3) Duration An individual is authorized to access the military exchange system under this subsection for only so long as the qualifying status, employment, or assignment of the individual remains applicable or as otherwise provided by statute. (4) Prohibition on expansion of access without approval of Congress Except as provided by paragraph (2)(C) or as expressly authorized by an Act of Congress, the Secretary of Defense, and any other officer or employee of the Department of Defense, may not expand eligibility for access to the military exchange system to any additional individual, or category of individuals by regulation, policy, memorandum, or other administrative action. (c) Temporary authorizations (1) In general The Secretary of Defense may authorize temporary access to commissary stores and the military exchange system for a period of not more than one year for categories of individuals not covered by subsection (a) or (b) if— (A) those individuals are otherwise authorized to access military installations; and (B) the Secretary— (i) notifies the Committees on Armed Services of the Senate and the House of Representatives of the authorization; and (ii) includes in that notification a description of the categories of individuals authorized to access the military exchange system and the rationale for authorizing such access. (2) Renewals The Secretary is authorized to renew an authorization for temporary access provided under paragraph (1) for additional periods of not more than one year each if, for each renewal, the Secretary submits the notification required by paragraph (1)(B) not fewer than 60 days before the effective date of the renewal.. (b) Conforming amendments Chapter 54 of title 10, United States Code, as amended by subsection (a), is further amended— (1) in section 1063(c), by striking section 1063 and inserting section 1064; (2) in section 1065(c)(2), by striking section 1063(e) and inserting section 1064; (3) in section 1066(h)(1)(A), by striking section 1063(e) and inserting section 1064; and (4) in section 1067(c)(1), by striking section 1063 and inserting section 1064.