10 U.S.C. § 1146 — Commissary and exchange benefits

Page 1220 TITLE 10—ARMED FORCES § 1146 retary shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report that includes the following: ‘‘(A) The rate at which individuals are using the extended coverage provided pursuant to paragraph (1). ‘‘(B) A description of the mental health care pro- vided pursuant to such subsection. ‘‘(C) An analysis of how the Secretary and the Secretary of Veterans Affairs coordinate the con- tinuation of care with respect to veterans who are no longer eligible for the Transitional Assistance Management Program. ‘‘(D) Any other factors the Secretary of Defense determines necessary with respect to extending coverage of the Transitional Assistance Manage- ment Program. ‘‘(3) TERMINATION.—The authority of the Secretary to carry out subsection (a) shall terminate on Decem- ber 31, 2018. ‘‘(b) REPORT ON USE OF TELEMEDICINE.— ‘‘(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary shall submit to the congressional defense committees a report on the use of telemedicine to im- prove the diagnosis and treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions. ‘‘(2) ELEMENTS.—The report under paragraph (1) shall address the following: ‘‘(A) The current status, as of the date of the re- port, of telemedicine initiatives within the Depart- ment of Defense to diagnose and treat post-trau- matic stress disorder, traumatic brain injuries, and mental health conditions. ‘‘(B) Plans for integrating telemedicine into the military health care system, including in health care delivery, records management, medical edu- cation, public health, and private sector partner- ships. ‘‘(C) The status of the integration of the tele- medicine initiatives of the Department with the telemedicine initiatives of the Department of Vet- erans Affairs. ‘‘(D) A description and assessment of challenges to the use of telemedicine as a means of in-home treatment, outreach in rural areas, and in settings that provide group treatment or therapy in connec- tion with treatment of post-traumatic stress dis- order, traumatic brain injuries, and mental health conditions, and a description and assessment of ef- forts to address such challenges. ‘‘(E) A description of privacy issues related to the use of telemedicine for the treatment of post-trau- matic stress disorder, traumatic brain injuries, and mental health conditions, and recommendations for mechanisms to remedy any privacy concerns relat- ing to such use of telemedicine. ‘‘(F) A description of professional licensing issues with respect to licensed medical providers who pro- vide treatment using telemedicine. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered individual’ means an indi- vidual who— ‘‘(A) during the initial 180-day period of being en- rolled in the Transitional Assistance Management Program, received any mental health care; or ‘‘(B) during the one-year period preceding separa- tion or discharge from the Armed Forces, received any mental health care. ‘‘(2) The term ‘telemedicine’ means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient’s medical condition.’’ TEMPORARY EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS Pub. L. 108–136, div. A, title VII, § 704, Nov. 24, 2003, 117 Stat. 1527, which provided during the period beginning on Nov. 24, 2003, and ending on Dec. 31, 2004, for the ex- tension of transitional health care benefits to 180 days for members separated from active duty, was repealed by Pub. L. 108–375, div. A, title VII, § 706(a)(2)(A), Oct. 28, 2004, 118 Stat. 1983. Pub. L. 108–106, title I, § 1117, Nov. 6, 2003, 117 Stat. 1218, which provided during the period beginning on Nov. 6, 2003, and ending on Sept. 30, 2004, for the exten- sion of transitional health care benefits to 180 days for members separated from active duty, was repealed by Pub. L. 108–375, div. A, title VII, § 706(a)(2)(B), Oct. 28, 2004, 118 Stat. 1983. APPLICATION OF AMENDMENTS BY PUB. L. 102–484 TO EXISTING CONTRACTS For provisions relating to the application of the amendments by section 4407 of Pub. L. 102–484 to con- version health policies provided under subsec. (b) of this section and in effect on Oct. 23, 1992, see section 4407(c) of Pub. L. 102–484, set out as a note under section 1086a of this title. TRANSITIONAL PROVISION Pub. L. 102–484, div. D, title XLIV, § 4408(b), Oct. 23, 1992, 106 Stat. 2712, provided that: ‘‘The Secretary of Defense shall provide a period for the enrollment for health benefits coverage under this section [enacting section 1078a of this title and provisions set out as notes under this section and section 1086a of this title] by members and former members of the Armed Serv- ices for whom the availability of transitional health care under section 1145(a) of title 10, United States Code, expires before the October 1, 1994, implementa- tion date of section 1078a of such title, as added by sub- section (a).’’ TERMINATION OF APPLICABILITY OF OTHER CONVERSION HEALTH POLICIES For provisions prohibiting purchase of, and allowing cancellation of, conversion health policies under sub- sec. (b) of this section on or after Oct. 1, 1994, see sec- tion 4408(c) of Pub. L. 102–484, set out as a note under section 1086a of this title. § 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 ac- tive duty. The Secretary concerned shall imple- ment 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 Re- serve 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 ex- change stores during the two-year period begin- ning 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 mem- bers involuntarily separated during the same pe- Page 1221 TITLE 10—ARMED FORCES § 1147 riod 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 con- tinue 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 mem- ber. (2) The date on which the member is first no- tified 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 Home- land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or ex- change store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5170). (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 AMENDMENTS 2021—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 con- cerned’’ 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), redesig- nated subsec. (b) relating to benefits for members re- ceiving sole survivorship discharge as (c). Subsec. (c). Pub. L. 111–383, § 1075(b)(16)(B), (C), redes- ignated subsec. (b) relating to benefits for members re- ceiving sole survivorship discharge as (c), struck out ‘‘Benefits for’’ before ‘‘Members’’ in heading, and sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’ in intro- ductory 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 Sec- retary 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 sen- tence, and added subsec. (b) relating to members invol- untarily 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 re- spect 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 Or- ganization 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 FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1147. Use of military family housing (a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.—(1) The Secretary of a military de- partment may, pursuant to regulations pre- scribed by the Secretary of Defense, permit indi- viduals who are involuntarily separated during the period beginning on October 1, 2012, and end- ing on December 31, 2018, to continue for not more than 180 days after the date of such separa- tion to reside (along with other members of the individual’s household) in military family hous- ing provided or leased by the Department of De- fense to such individual as a member of the armed forces. (2) The Secretary concerned may prescribe regulations to permit members of the Coast Guard who are involuntarily separated during the period beginning on October 1, 2012, and end- ing on December 31, 2018, to continue for not more than 180 days after the date of such separa- tion to reside (along with others of the mem- ber’s household) in military family housing pro- vided or leased by the Coast Guard to the indi- vidual as a member of the armed forces.