10 U.S.C. § 1077 — Medical care for dependents: authorized

Page 1091 TITLE 10—ARMED FORCES § 1077 riod of more than 30 days for purposes of the eli- gibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under section 502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State. (b) CONTRIBUTION BY STATE.—(1) The Secretary shall charge a State for the costs of providing coverage under the TRICARE program to mem- bers of the National Guard of the State and the dependents of the members pursuant to sub- section (a). Such charges shall be paid from the funds of the State or from any other non-Fed- eral funds. (2) Any amounts received by the Secretary under paragraph (1) shall be credited to the ap- propriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Ac- count that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section. (c) DEFINITIONS.—In this section: (1) The term ‘‘disaster response duty’’ means duty performed by a member of the National Guard in State status pursuant to an emer- gency declaration by the Governor of the State (or, with respect to the District of Co- lumbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster. (2) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, and any terri- tory or possession of the United States. (Added Pub. L. 114–328, div. A, title VII, § 711(a), Dec. 23, 2016, 130 Stat. 2213.) § 1077. Medical care for dependents: authorized care in facilities of uniformed services (a) Only the following types of health care may be provided under section 1076 of this title: (1) Hospitalization. (2) Outpatient care. (3) Drugs, including, in accordance with sub- section (h), medically necessary vitamins. (4) Treatment of medical and surgical condi- tions. (5) Treatment of nervous, mental, and chron- ic conditions. (6) Treatment of contagious diseases. (7) Physical examinations, including eye ex- aminations, and immunizations. (8) Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant. (9) Diagnostic tests and services, including laboratory and X-ray examinations. (10) Dental care. (11) Ambulance service and home calls when medically necessary. (12) Durable equipment, which may be pro- vided on a loan basis. (13) Primary and preventive health care services for women (as defined in section 1074d(b) of this title). (14) Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under section 1074d(a)(2) of this title. (15) Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trau- ma, congenital anomalies, or disease. (16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents: (A) A dependent of a member of the uni- formed services on active duty. (B) A dependent under subparagraph (D) or (I) of section 1072(2) of this title of a former member of the uniformed services who— (i) is entitled to retired or retainer pay, or equivalent pay; and (ii) is enrolled in family coverage under TRICARE Prime. (17) Any rehabilitative therapy to improve, restore, or maintain function, or to minimize or prevent deterioration of function, of a pa- tient when prescribed by a physician. (18) In accordance with subsection (h), medi- cally necessary food and the medical equip- ment and supplies necessary to administer such food (other than durable medical equip- ment and supplies). (b) The following types of health care may not be provided under section 1076 of this title: (1) Domiciliary or custodial care. (2) Orthopedic footwear and spectacles, ex- cept that, outside of the United States and at stations inside the United States where ade- quate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States. (3) The elective correction of minor der- matological blemishes and marks or minor an- atomical anomalies. (c)(1) Except as specified in paragraphs (2) and (3), a dependent participating under a dental plan established under section 1076a of this title may not be provided dental care under section 1076(a) of this title except for emergency dental care, dental care provided outside the United States, and dental care that is not covered by such plan. (2)(A) Dependents who are 12 years of age or younger and are covered by a dental plan estab- lished under section 1076a of this title may be treated by postgraduate dental residents in a dental treatment facility of the uniformed serv- ices under a graduate dental education program accredited by the American Dental Association if— (i) treatment of pediatric dental patients is necessary in order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training in pediatric dental care is necessary for the residents to be professionally qualified to pro- Page 1092 TITLE 10—ARMED FORCES § 1077 vide dental care for dependent children accom- panying members of the uniformed services outside the United States; and (ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional require- ments in pediatric dental care that apply to such program or students. (B) The total number of dependents treated in all facilities of the uniformed services under subparagraph (A) in a fiscal year may not exceed 2,000. (3)(A) Dependents who reside within a speci- fied geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that— (i) civilian dental care within the specified geographic area is inadequate or is not suffi- ciently available; and (ii) adequate resources exist to provide space available dental care to the dependents at the facility. (B) Care under subparagraph (A) shall be pro- vided on a reimbursable basis. (d)(1) Notwithstanding subsection (b)(1), hos- pice care may be provided under section 1076 of this title in facilities of the uniformed services to a terminally ill patient who chooses (pursu- ant to regulations prescribed by the Secretary of Defense in consultation with the other admin- istering Secretaries) to receive hospice care rather than continuing hospitalization or other health care services for treatment of the pa- tient’s terminal illness. (2) In this section, the term ‘‘hospice care’’ means the items and services described in sec- tion 1861(dd) of the Social Security Act (42 U.S.C. 1395x(dd)). (e)(1) Authority to provide a prosthetic device under subsection (a)(15) includes authority to provide the following: (A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic benefit and proper functioning. (B) Services necessary to train the recipient of the device in the use of the device. (C) Repair of the device for normal wear and tear or damage. (D) Replacement of the device if the device is lost or irreparably damaged or the cost of repair would exceed 60 percent of the cost of replacement. (2) An augmentative communication device may be provided as a voice prosthesis under sub- section (a)(15). (3) A prosthetic device customized for a pa- tient may be provided under this section only by a prosthetic practitioner who is qualified to cus- tomize the device, as determined under regula- tions prescribed by the Secretary of Defense in consultation with the administering Secre- taries. (f)(1) Items that may be provided to a patient under subsection (a)(12) include the following: (A) Any durable medical equipment that can improve, restore, or maintain the function of a malformed, diseased, or injured body part, or can otherwise minimize or prevent the dete- rioration of the patient’s function or condi- tion. (B) Any durable medical equipment that can maximize the patient’s function consistent with the patient’s physiological or medical needs. (C) Wheelchairs. (D) Iron lungs. (E) Hospital beds. (2) In addition to the authority to provide du- rable medical equipment under subsection (a)(12), any customization of equipment owned by the patient that is durable medical equip- ment authorized to be provided to the patient under this section or section 1079(a)(5) of this title, and any accessory or item of supply for any such equipment, may be provided to the pa- tient if the customization, accessory, or item of supply is essential for— (A) achieving therapeutic benefit for the pa- tient; (B) making the equipment serviceable; or (C) otherwise assuring the proper func- tioning of the equipment. (g)(1) In addition to the authority to provide a hearing aid under subsection (a)(16), hearing aids may be sold under this section to depend- ents eligible for care under this section at cost to the United States. (2) For purposes of selling hearing aids at cost to the United States under paragraph (1), a de- pendent of a member of the reserve components who is enrolled in the TRICARE program under section 1076d of this title shall be deemed to be a dependent eligible for care under this section. (h)(1) Vitamins that may be provided under subsection (a)(3) are vitamins used for the man- agement of a covered disease or condition pursu- ant to the prescription, order, or recommenda- tion (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation. (2) Medically necessary food that may be pro- vided under subsection (a)(18)— (A) is food, including a low protein modified food product or an amino acid preparation product, that is— (i) furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary manage- ment of a covered disease or condition; (ii) a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; (iii) intended for the dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or im- paired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nu- trients, or who has other special medically determined nutrient requirements, the die- tary management of which cannot be achieved by the modification of the normal diet alone; Page 1093 TITLE 10—ARMED FORCES § 1077 (iv) intended to be used under medical su- pervision, which may include in a home set- ting; and (v) intended only for an individual receiv- ing active and ongoing medical supervision under which the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food; and (B) may not include— (i) food taken as part of an overall diet de- signed to reduce the risk of a disease or med- ical condition or as weight-loss products, even if the food is recommended by a physi- cian or other health care professional; (ii) food marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity; (iii) food marketed for the management of diabetes; or (iv) such other products as the Secretary determines appropriate. (3) In this subsection, the term ‘‘covered dis- ease or condition’’ means— (A) inborn errors of metabolism; (B) medical conditions of malabsorption; (C) pathologies of the alimentary tract or the gastrointestinal tract; (D) a neurological or physiological condi- tion; and (E) such other diseases or conditions the Secretary determines appropriate. (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; amended Pub. L. 89–614, § 2(4), Sept. 30, 1966, 80 Stat. 863; Pub. L. 98–525, title VI, § 633(a), title XIV, §§ 1401(e)(3), 1405(22), Oct. 19, 1984, 98 Stat. 2544, 2617, 2623; Pub. L. 99–145, title VI, § 651(b), Nov. 8, 1985, 99 Stat. 656; Pub. L. 102–190, div. A, title VII, §§ 702(a), 703, Dec. 5, 1991, 105 Stat. 1400, 1401; Pub. L. 103–160, div. A, title VII, § 701(b), Nov. 30, 1993, 107 Stat. 1686; Pub. L. 103–337, div. A, title VII, §§ 703(b), 705, Oct. 5, 1994, 108 Stat. 2798, 2799; Pub. L. 104–201, div. A, title VII, § 701(b)(1), Sept. 23, 1996, 110 Stat. 2587; Pub. L. 105–85, div. A, title VII, § 702, Nov. 18, 1997, 111 Stat. 1807; Pub. L. 107–107, div. A, title VII, §§ 702, 703(a), 704, Dec. 28, 2001, 115 Stat. 1161, 1162; Pub. L. 108–375, div. A, title VII, § 715, Oct. 28, 2004, 118 Stat. 1985; Pub. L. 114–328, div. A, title VII, §§ 713, 714(a), Dec. 23, 2016, 130 Stat. 2220; Pub. L. 115–91, div. A, title VII, § 739(c), Dec. 12, 2017, 131 Stat. 1447; Pub. L. 116–283, div. A, title VII, § 705, Jan. 1, 2021, 134 Stat. 3689; Pub. L. 118–31, div. A, title VII, §§ 703, 704, Dec. 22, 2023, 137 Stat. 300.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1077(a) ..... 1077(b) ..... 1077(c) ..... 37:403(f). 37:403(g). 37:403(h) (less clause (4)). June 7, 1956, ch. 374, § 103(f), (g), (h), 70 Stat. 251, 252. 1077(d) ..... 37:403(h) (clause (4)). In subsection (a), clause (6) is inserted to reflect sub- section (b). Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b)(3) of this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8045], Oct. 12, 1984, 98 Stat. 1904, 1931. Pub. L. 98–212, title VII, § 752, Dec. 8, 1983, 97 Stat. 1447. Pub. L. 97–377, title I, § 101(c) [title VII, § 756], Dec. 21, 1982, 96 Stat. 1833, 1860. Pub. L. 97–114, title VII, § 759, Dec. 29, 1981, 95 Stat. 1588. Pub. L. 96–527, title VII, § 763, Dec. 15, 1980, 94 Stat. 3092. Pub. L. 96–154, title VII, § 769, Dec. 21, 1979, 93 Stat. 1163. A prior section 1077, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, related to distribution of ballots, envelopes, and voting instructions, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare. AMENDMENTS 2023—Subsec. (a)(16). Pub. L. 118–31, § 703, amended par. (16) generally. Prior to amendment, par. (16) read as follows: ‘‘Except as provided by subsection (g), a hearing aid, but only for a dependent of a member of the uniformed services on active duty and only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Sec- retary of Defense in consultation with the admin- istering Secretaries.’’ Subsec. (c)(1). Pub. L. 118–31, § 704(1), substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (c)(3). Pub. L. 118–31, § 704(2), added par. (3). 2021—Subsec. (g). Pub. L. 116–283 designated existing provisions as par. (1) and added par. (2). 2017—Subsec. (a)(3), (18). Pub. L. 115–91, § 739(c)(1), sub- stituted ‘‘subsection (h)’’ for ‘‘subsection (g)’’. Subsec. (g). Pub. L. 115–91, § 739(c)(2), substituted ‘‘de- pendents eligible for care under this section’’ for ‘‘de- pendents of former members of the uniformed serv- ices’’. 2016—Subsec. (a)(3). Pub. L. 114–328, § 714(a)(1)(A), in- serted before period at end ‘‘, including, in accordance with subsection (g), medically necessary vitamins’’. Subsec. (a)(16). Pub. L. 114–328, § 713(1), substituted ‘‘Except as provided by subsection (g), a hearing aid’’ for ‘‘A hearing aid’’. Subsec. (a)(18). Pub. L. 114–328, § 714(a)(1)(B), added par. (18). Subsec. (g). Pub. L. 114–328, § 713(2), added subsec. (g). Subsec. (h). Pub. L. 114–328, § 714(a)(2), added subsec. (h). 2004—Subsec. (c). Pub. L. 108–375 designated existing provisions as par. (1), substituted ‘‘Except as specified in paragraph (2), a’’ for ‘‘A’’, and added par. (2). 2001—Subsec. (a)(12). Pub. L. 107–107, § 703(a)(1), sub- stituted ‘‘which’’ for ‘‘such as wheelchairs, iron lungs, and hospital beds’’. Subsec. (a)(16). Pub. L. 107–107, § 702(1), added par. (16). Subsec. (a)(17). Pub. L. 107–107, § 704, added par. (17). Subsec. (b)(2). Pub. L. 107–107, § 702(2), substituted ‘‘Orthopedic footwear’’ for ‘‘Hearing aids, orthopedic footwear,’’. Subsec. (e). Pub. L. 107–107, § 702(3), added subsec. (e). Subsec. (f). Pub. L. 107–107, § 703(a)(2), added subsec. (f). 1997—Subsec. (a)(15). Pub. L. 105–85, § 702(a), added cl. (15). Subsec. (b)(2). Pub. L. 105–85, § 702(b), added par. (2) and struck out former par. (2) which read as follows: ‘‘Prosthetic devices, hearing aids, orthopedic footwear, and spectacles except that— ‘‘(A) outside the United States and at stations in- side the United States where adequate civilian facili- ties are unavailable, such items may be sold to de- pendents at cost to the United States, and ‘‘(B) artificial limbs, voice prostheses, and artificial eyes may be provided.’’ 1996—Subsec. (a)(14). Pub. L. 104–201 added cl. (14). 1994—Subsec. (b)(2)(B). Pub. L. 103–337, § 705, inserted ‘‘, voice prostheses,’’ after ‘‘artificial limbs’’. Page 1094 TITLE 10—ARMED FORCES § 1077 Subsec. (c). Pub. L. 103–337, § 703(b), substituted ‘‘, dental care provided outside the United States, and dental care’’ for ‘‘and care’’. 1993—Subsec. (a)(13). Pub. L. 103–160 added cl. (13). 1991—Subsec. (a)(8). Pub. L. 102–190, § 703, inserted be- fore period at end ‘‘, including well-baby care that in- cludes one screening of an infant for the level of lead in the blood of the infant’’. Subsec. (d). Pub. L. 102–190, § 702(a), added subsec. (d). 1985—Subsec. (c). Pub. L. 99–145 added subsec. (c). 1984—Pub. L. 98–525, § 1405(22), substituted a colon for the semicolon in section catchline. Subsec. (a)(10). Pub. L. 98–525, § 633(a)(1), added cl. (10). Former cl. (10) ‘‘Emergency dental care worldwide.’’ was struck out. Subsec. (a)(11). Pub. L. 98–525, § 633(a)(1), redesignated cl. (13) as (11). Former cl. (11) ‘‘Routine dental care out- side the United States and at stations in the United States where adequate civilian facilities are unavail- able.’’ was struck out. Subsec. (a)(12). Pub. L. 98–525, § 633(a)(1), redesignated cl. (14) as (12). Former cl. (12) ‘‘Dental care worldwide as a necessary adjunct of medical, surgical, or preven- tive treatment.’’ was struck out. Subsec. (a)(13), (14). Pub. L. 98–525, § 633(a)(2), redesig- nated cls. (13) and (14) as cls. (11) and (12), respectively. Subsec. (b)(3). Pub. L. 98–525, § 1401(e)(3), added par. (3). 1966—Pub. L. 89–614 authorized an improved health benefits program for dependents of active duty mem- bers of the uniformed services in facilities of such serv- ices, expanding health care to be provided to include: hospitalization, outpatient care, and drugs in clauses (1) to (3) of subsec. (a) (hospitalization being limited by former subsec. (b) to treatment of nervous or mental disturbances or chronic diseases or for elective medical and surgical treatment to one year period in special cases); treatment of mental and surgical conditions in clause (4) minus acute condition restriction of former subsec. (a)(2); treatment of nervous, mental, and chron- ic conditions in clause (5) formerly restricted as stated above; clause (6) reenactment of former subsec. (a)(3); physical, including eye, examinations in clause (7) re- enacting former subsec. (a)(4) immunization provisions; clause (8) reenactment of former subsec. (a)(5); diag- nostic tests and services, including laboratory and X- ray examinations (diagnosis being covered in former subsec. (a)(1)); dental care provisions in clauses (10) to (12) (provided in former subsec. (d)) as (1) emergency care to relieve pain and suffering, but not including permanent restorative work or dental prosthesis, (2) care as a necessary adjunct to medical or surgical treatment, and care outside the United States, and in remote areas inside the United States, where adequate civilian facilities are unavailable; ambulance service and home calls in clause 13 (covering former subsec. (c)(2), (3)); durable equipment on loan basis in clause (14); and to exclude in subsec. (b)(1) (incorporating last sentence of former subsec. (b)) custodial care; subsec. (b)(2)(A) reenactment of former subsec. (e)(1); and per- mitted in subsec. (b)(2)(B) artificial limbs and eyes to be provided. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title VII, § 714(b), Dec. 23, 2016, 130 Stat. 2221, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to health care provided under chapter 55 of such title [meaning title 10, United States Code] on or after the date that is one year after the date of the enactment of this Act [Dec. 23, 2016].’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title VI, § 633(b), Oct. 19, 1984, 98 Stat. 2544, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on July 1, 1985.’’ Amendment by section 1401(e)(3) of Pub. L. 98–525 ef- fective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as an Effective Date note under section 520b of this title. EFFECTIVE DATE OF 1966 AMENDMENT For effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN Pub. L. 116–92, div. A, title VII, § 703, Dec. 20, 2019, 133 Stat. 1437, provided that: ‘‘(a) COMPREHENSIVE SCREENING, TESTING, AND RE- PORTING GUIDELINES.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish clinical practice guidelines for health care providers employed by the Department of Defense on screening, testing, and reporting of blood lead levels in children. ‘‘(2) USE OF CDC RECOMMENDATIONS.—Guidelines es- tablished under paragraph (1) shall reflect rec- ommendations made by the Centers for Disease Con- trol and Prevention with respect to the screening, testing, and reporting of blood lead levels in children. ‘‘(3) DISSEMINATION OF GUIDELINES.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall disseminate the clinical practice guidelines established under para- graph (1) to health care providers of the Department of Defense. ‘‘(b) CARE PROVIDED IN ACCORDANCE WITH CDC GUID- ANCE.—The Secretary shall ensure that any care pro- vided by the Department of Defense to a child for an elevated blood lead level shall be carried out in accord- ance with applicable guidance issued by the Centers for Disease Control and Prevention. ‘‘(c) SHARING OF RESULTS OF TESTING.— ‘‘(1) IN GENERAL.—With respect to a child who re- ceives from the Department of Defense a test for an elevated blood lead level— ‘‘(A) the Secretary shall provide the results of the test to the parent or guardian of the child; and ‘‘(B) notwithstanding any requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) [see Tables for clas- sification], if the results of the test show an abnor- mal blood lead level or elevated blood lead level, the Secretary shall provide those results and the address at which the child resides to— ‘‘(i) the relevant health department of the State in which the child resides if the child resides in the United States; or ‘‘(ii) if the child resides outside the United States— ‘‘(I) the Centers for Disease Control and Pre- vention; ‘‘(II) the appropriate authority of the country in which the child resides; and ‘‘(III) the primary provider of health care for the child for follow-up. ‘‘(2) STATE DEFINED.—In this subsection, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ‘‘(d) REPORT.—Not later than January 1, 2021, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report detailing, with respect to the pe- riod beginning on the date of the enactment of this Act and ending on the date of the report, the following: ‘‘(1) The number of children who were tested by the Department of Defense for the level of lead in the blood of the child, and of such number, the number who were found to have an elevated blood lead level. ‘‘(2) The number of children who were screened by the Department of Defense for an elevated risk of lead exposure. Page 1095 TITLE 10—ARMED FORCES § 1077a ‘‘(e) COMPTROLLER GENERAL REPORT.—Not later than January 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representatives a report on the effectiveness of screening and testing for lead exposure and elevated blood lead levels under chapter 55 of title 10, United States Code. ‘‘(f) DEFINITIONS.—In this section, the terms ‘abnor- mal blood lead level’ and ‘elevated blood lead level’ have the meanings given those terms by the Centers for Disease Control and Prevention.’’ STUDY, PLAN, AND PILOT FOR THE MENTAL HEALTH CARE NEEDS OF DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES Pub. L. 111–84, div. A, title VII, § 722, Oct. 28, 2009, 123 Stat. 2387, provided that: ‘‘(a) REPORT AND PLAN ON THE MENTAL HEALTH CARE AND COUNSELING SERVICES AVAILABLE TO MILITARY CHILDREN.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall conduct a comprehensive review of the mental health care and counseling services available to dependent children of members of the Armed Forces through the Department of Defense. ‘‘(2) ELEMENTS.—The review under paragraph (1) shall include an assessment of the following: ‘‘(A) The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military chil- dren. ‘‘(B) The availability, quality, and effectiveness of Department of Defense programs intended to pro- mote resiliency in military children in coping with deployment cycles, injury, or death of military par- ents. ‘‘(C) The extent of access to, adequacy, and avail- ability of mental health care and counseling serv- ices for military children in military medical treat- ment facilities, in family assistance centers, through Military OneSource, under the TRICARE program, and in Department of Defense Education Activity schools. ‘‘(D) Whether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services. ‘‘(E) Whether, and to what extent, waiting lists, geographic distance, and other factors may ob- struct the receipt by military children of mental health care and counseling services. ‘‘(F) The extent of access to, availability, and via- bility of specialized mental health care for military children (including adolescents). ‘‘(G) The extent of any gaps in the current capa- bilities of the Department of Defense to provide preventive mental health services for military chil- dren. ‘‘(H) Such other matters as the Secretary con- siders appropriate. ‘‘(3) REPORT.—Not later than one year after the date of the enactment of this Act [Oct. 28, 2009], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representa- tives a report on the review conducted under para- graph (1), including the findings and recommenda- tions of the Secretary as a result of the review. ‘‘(b) COMPREHENSIVE PLAN FOR IMPROVEMENTS IN AC- CESS TO CARE AND COUNSELING.—The Secretary shall de- velop and implement a comprehensive plan for im- provements in access to quality mental health care and counseling services for military children in order to de- velop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by subsection (a) shall provide the basis for the devel- opment of the plan. ‘‘(c) PILOT PROGRAM.— ‘‘(1) ELEMENTS.—The Secretary of the Army shall carry out a pilot program on the mental health care needs of military children and adolescents. In car- rying out the pilot program, the Secretary shall es- tablish a center to— ‘‘(A) develop teams to train primary care man- agers in mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents; ‘‘(B) develop strategies to reduce barriers to ac- cessing behavioral health services and encourage better use of the programs and services by children and adolescents; and ‘‘(C) expand the evaluation of mental health care using common indicators, including— ‘‘(i) psychiatric hospitalization rates; ‘‘(ii) non-psychiatric hospitalization rates; and ‘‘(iii) mental health relative value units. ‘‘(2) REPORTS.— ‘‘(A) Not later than 90 days after establishing the pilot program, the Secretary of the Army shall sub- mit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a re- port describing the— ‘‘(i) structure and mission of the program; and ‘‘(ii) the resources allocated to the program. ‘‘(B) Not later than September 30, 2012, the Sec- retary of the Army shall submit to the congres- sional defense committees a report that addresses the elements described under paragraph (1).’’ PROGRAM FOR MENTAL HEALTH AWARENESS FOR DE- PENDENTS AND PILOT PROJECT ON POST TRAUMATIC STRESS DISORDER Pub. L. 109–163, div. A, title VII, § 721, Jan. 6, 2006, 119 Stat. 3346, directed the Secretary of Defense, no later than one year after Jan. 6, 2006, to develop a program to increase awareness of mental health services for, and warning signs about mental health problems in, de- pendents of service members who have served or will serve in combat theaters and directed the Secretary to carry out a pilot project to evaluate internet-based early diagnosis and treatment of post traumatic stress disorder and other mental health conditions and report to Congress no later than June 1, 2006. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CERTAIN CHAMPUS BENEFICIARIES Pub. L. 106–65, div. A, title VII, § 703, Oct. 5, 1999, 113 Stat. 682, as amended by Pub. L. 106–398, § 1 [[div. A], title VII, § 701(a), (b), (c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–172, related to the continued provision of domi- ciliary and custodial care for certain CHAMPUS bene- ficiaries, prohibited the establishment of a limited transition period for such program, required a survey and report of case management and custodial care poli- cies, and provided for cost limitations for each fiscal year, prior to repeal by Pub. L. 107–107, div. A, title VII, § 701(g)(1)(A), Dec. 28, 2001, 115 Stat. 1161. OBSTETRICAL CARE FACILITIES Pub. L. 89–188, title VI, § 610, Sept. 16, 1965, 79 Stat. 818, required that military hospitals in the United States and its possessions be constructed so as to in- clude facilities for obstetrical care, prior to repeal by Pub. L. 97–214, § 7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982. § 1077a. Access to military medical treatment fa- cilities and other facilities (a) URGENT CARE.—(1) The Secretary of De- fense shall ensure that military medical treat- ment facilities, at locations the Secretary deter- mines appropriate, provide urgent care services for members of the armed forces and covered beneficiaries until 11:00 p.m. each day. (2) With respect to areas in which a military medical treatment facility covered by paragraph