10 U.S.C. § 1074 — Medical and dental care for members and

Page 1032 TITLE 10—ARMED FORCES § 1074 partment of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administra- tion of the program authorized under sub- section (a), including to support any inter- agency agreements entered into under sub- section (d). (c) INTERAGENCY AGREEMENTS.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient imple- mentation of the program authorized under sub- section (a). (d) RULE OF CONSTRUCTION.—Joint administra- tion of the program authorized under subsection (a) may not be construed as limiting the author- ity of the Inspector General of the Department of Defense under any other provision of law. (e) FRAUD AND ABUSE DEFINED.—In this sec- tion, the term ‘‘fraud and abuse’’ means any conduct specified in subsection (a) or (b) of sec- tion 1128A of the Social Security Act (42 U.S.C. 1320a–7a). (Added Pub. L. 117–81, div. A, title VII, § 713(a), Dec. 27, 2021, 135 Stat. 1784.) § 1074. Medical and dental care for members and certain former members (a)(1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in paragraph (2) is entitled to medical and dental care in any facil- ity of any uniformed service. (2) Members of the uniformed services referred to in paragraph (1) are as follows: (A) A member of a uniformed service on ac- tive duty. (B) A member of a reserve component of a uniformed service who has been commissioned as an officer if— (i) the member has requested orders to ac- tive duty for the member’s initial period of active duty following the commissioning of the member as an officer; (ii) the request for orders has been ap- proved; (iii) the orders are to be issued but have not been issued or the orders have been issued but the member has not entered ac- tive duty; and (iv) the member does not have health care insurance and is not covered by any other health benefits plan. (b)(1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is en- titled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Sec- retary of Veterans Affairs and determined by him to be available for this purpose on a reim- bursable basis at rates approved by the Presi- dent. (2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age. (c)(1) Funds appropriated to a military depart- ment, the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), or the De- partment of Health and Human Services (with respect to the National Oceanic and Atmos- pheric Administration and the Public Health Service) may be used to provide medical and dental care to persons entitled to such care by law or regulations, including the provision of such care (other than elective private treat- ment) in private facilities for members of the uniformed services. If a private facility or health care provider providing care under this subsection is a health care provider under the Civilian Health and Medical Program of the Uni- formed Services, the Secretary of Defense, after consultation with the other administering Sec- retaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject to any modifications considered appro- priate by the Secretary) as apply under that pro- gram. (2)(A) Subject to such exceptions as the Sec- retary of Defense considers necessary, coverage for medical care for members of the uniformed services under this subsection, and standards with respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care under the managed care option of the TRICARE pro- gram known as TRICARE Prime. (B) The Secretary of Defense shall enter into arrangements with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient proc- essing of claims under this subsection. (C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph. (3)(A) A member of the uniformed services de- scribed in subparagraph (B) may not be required to receive routine primary medical care at a military medical treatment facility. (B) A member referred to in subparagraph (A) is a member of the uniformed services on active duty who is entitled to medical care under this subsection and who— (i) receives a duty assignment described in subparagraph (C); and (ii) pursuant to the assignment of such duty, resides at a location that is more than 50 miles, or approximately one hour of driving time, from the nearest military medical treat- ment facility adequate to provide the needed care. (C) A duty assignment referred to in subpara- graph (B) means any of the following: (i) Permanent duty as a recruiter. (ii) Permanent duty at an educational insti- tution to instruct, administer a program of in- struction, or provide administrative services in support of a program of instruction for the Reserve Officers’ Training Corps. (iii) Permanent duty as a full-time adviser to a unit of a reserve component. Page 1033 TITLE 10—ARMED FORCES § 1074 (iv) Any other permanent duty designated by the Secretary concerned for purposes of this paragraph. (4)(A) Subject to such terms and conditions as the Secretary of Defense considers appropriate, coverage comparable to that provided by the Secretary under subsections (d) and (e) of sec- tion 1079 of this title shall be provided under this subsection to members of the uniformed services who incur a serious injury or illness on active duty as defined by regulations prescribed by the Secretary. (B) The Secretary of Defense shall prescribe in regulations— (i) the individuals who shall be treated as the primary caregivers of a member of the uni- formed services for purposes of this paragraph; and (ii) the definition of serious injury or illness for the purposes of this paragraph. (d)(1) For the purposes of this chapter, a mem- ber of a reserve component of the armed forces who is issued a delayed-effective-date active- duty order, or is covered by such an order, shall be treated as being on active duty for a period of more than 30 days beginning on the later of the date that is— (A) the date of the issuance of such order; or (B) 180 days before the date on which the pe- riod of active duty is to commence under such order for that member. (2) In this subsection, the term ‘‘delayed-effec- tive-date active-duty order’’ means an order to active duty for a period of more than 30 days under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title that provides for active-duty service to begin under such order on a date after the date of the issuance of the order. (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, § 2(2), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, § 511(36), (37), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–525, title XIV, § 1401(e)(1), Oct. 19, 1984, 98 Stat. 2616; Pub. L. 98–557, § 19(3), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 101–189, div. A, title VII, § 729, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1481, 1603; Pub. L. 101–510, div. A, title XIV, § 1484(j)(1), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title VII, § 723, Feb. 10, 1996, 110 Stat. 377; Pub. L. 104–201, div. A, title VII, § 725(d), Sept. 23, 1996, 110 Stat. 2596; Pub. L. 105–85, div. A, title VII, § 731(a)(1), Nov. 18, 1997, 111 Stat. 1810; Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–185; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–106, title I, § 1116, Nov. 6, 2003, 117 Stat. 1218; Pub. L. 108–136, div. A, title VII, §§ 703, 708, Nov. 24, 2003, 117 Stat. 1527, 1530; Pub. L. 108–375, div. A, title VII, § 703, Oct. 28, 2004, 118 Stat. 1982; Pub. L. 109–163, div. A, title VII, § 743(a), Jan. 6, 2006, 119 Stat. 3360; Pub. L. 110–181, div. A, title VI, § 647(b), title XVI, § 1633(a), Jan. 28, 2008, 122 Stat. 161, 459; Pub. L. 111–84, div. A, title VII, § 702, Oct. 28, 2009, 123 Stat. 2373; Pub. L. 115–91, div. A, title V, § 511(a), Dec. 12, 2017, 131 Stat. 1376.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1074(a) ..... 1074(b) ..... 37:421(a). 37:402(a)(3) (as applicable to 37:421(b)). 37:421(b). June 7, 1956, ch. 374, §§ 102(a)(3) (as applica- ble to § 301(b)), 301(a), (b), 70 Stat. 250, 253. In subsection (a), words of entitlement are sub- stituted for the correlative words of obligation. In subsection (b), the words ‘‘active duty (other than for training)’’ are substituted for the words ‘‘active duty as defined in section 901(b) of Title 50’’ to reflect section 101(22) of this title. The words ‘‘and dental’’ are inserted before the word ‘‘staff’’ for clarity. The words ‘‘retirement’’ and ‘‘retirement pay’’ are omitted as sur- plusage. Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (c) of this sec- tion were contained in Pub. L. 98–212, title VII, § 735, Dec. 8, 1983, 97 Stat. 1444, which was formerly set out as a note under section 138 [now 114] of this title, and which was amended by Pub. L. 98–525, title XIV, §§ 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621, eff. Oct. 1, 1985, to strike out these provisions. A prior section 1074, act Aug. 10, 1956, ch. 1041, 70A Stat. 82, related to enactment of legislation relating to voting in other elections, 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 2017—Subsec. (d)(2). Pub. L. 115–91 substituted ‘‘under section 12304b of this title or’’ for ‘‘in support of a con- tingency operation under’’. 2009—Subsec. (d)(1)(B). Pub. L. 111–84 substituted ‘‘180 days’’ for ‘‘90 days’’. 2008—Subsec. (b). Pub. L. 110–181, § 647(b), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(4). Pub. L. 110–181, § 1633(a), added par. (4). 2006—Subsec. (a)(2)(B)(iii). Pub. L. 109–163 inserted ‘‘or the orders have been issued but the member has not entered active duty’’ before semicolon at end. 2004—Subsec. (d)(3). Pub. L. 108–375 struck out par. (3) which read as follows: ‘‘This subsection shall cease to be effective on December 31, 2004.’’ 2003—Subsec. (a). Pub. L. 108–136, § 708, inserted ‘‘(1)’’ after ‘‘(a)’’, substituted ‘‘described in paragraph (2)’’ for ‘‘who is on active duty’’, and added par. (2). Subsec. (d). Pub. L. 108–136, § 703, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘(1) For the purposes of this chapter, a member of a reserve component of the armed forces who is issued a delayed-effective-date active-duty order, or is covered by such an order, shall be treated as being on active duty for a period of more than 30 days beginning on the later of the date that is— ‘‘(A) the date of the issuance of such order; or ‘‘(B) 90 days before date on which the period of ac- tive duty is to commence under such order for that member. ‘‘(2) In this subsection, the term ‘delayed-effective- date active-duty order’ means an order to active duty for a period of more than 30 days in support of a contin- gency operation under a provision of law referred to in section 101(a)(13)(B) of this title that provides for ac- tive-duty service to begin under such order on a date after the date of the issuance of the order. ‘‘(3) This section shall cease to be effective on Sep- tember 30, 2004.’’ Pub. L. 108–106 added subsec. (d). 2002—Subsec. (c)(1). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Page 1034 TITLE 10—ARMED FORCES § 1074 2000—Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(1)(A)], substituted ‘‘uniformed services’’ for ‘‘armed forces’’ in pars. (1), (2)(A), and (3)(B). Subsec. (c)(1). Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(1)(B)], inserted ‘‘, the Department of Transpor- tation (with respect to the Coast Guard when it is not operating as a service in the Navy), or the Department of Health and Human Services (with respect to the Na- tional Oceanic and Atmospheric Administration and the Public Health Service)’’ after ‘‘military depart- ment’’. Subsec. (c)(2)(C). Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(1)(C)], added subpar. (C). Subsec. (c)(3)(A). Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(1)(D)], substituted ‘‘A member of the uni- formed services described in subparagraph (B) may not be required’’ for ‘‘The Secretary of Defense may not re- quire a member of the armed forces described in sub- paragraph (B)’’. 1997—Subsec. (c). Pub. L. 105–85 designated existing provisions as par. (1) and added pars. (2) and (3). 1996—Subsec. (d). Pub. L. 104–201 struck out subsec. (d) which read as follows: ‘‘(d)(1) The Secretary of Defense may require, by reg- ulation, a private CHAMPUS provider to apply the CHAMPUS payment rules (subject to any modifications considered appropriate by the Secretary) in imposing charges for health care that the private CHAMPUS pro- vider provides to a member of the uniformed services who is enrolled in a health care plan of a facility deemed to be a facility of the uniformed services under section 911(a) of the Military Construction Authoriza- tion Act, 1982 (42 U.S.C. 248c(a)) when the health care is provided outside the catchment area of the facility. ‘‘(2) In this subsection: ‘‘(A) The term ‘private CHAMPUS provider’ means a private facility or health care provider that is a health care provider under the Civilian Health and Medical Program of the Uniformed Services. ‘‘(B) The term ‘CHAMPUS payment rules’ means the payment rules referred to in subsection (c). ‘‘(3) The Secretary of Defense shall prescribe regula- tions under this subsection after consultation with the other administering Secretaries.’’ Pub. L. 104–106 added subsec. (d). 1990—Subsec. (b). Pub. L. 101–510 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator’’ after ‘‘operated by the’’. 1989—Subsec. (b). Pub. L. 101–189, § 1621(a)(2), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’. Subsec. (c). Pub. L. 101–189, § 729, inserted at end ‘‘If a private facility or health care provider providing care under this subsection is a health care provider under the Civilian Health and Medical Program of the Uni- formed Services, the Secretary of Defense, after con- sultation with the other administering Secretaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject to any modifications considered appropriate by the Secretary) as apply under that program.’’ 1984—Subsecs. (a), (b). Pub. L. 98–557 substituted ref- erence to administering Secretaries for reference to Secretary of Defense and Secretary of Health and Human Services wherever appearing. Subsec. (c). Pub. L. 98–525 added subsec. (c). 1980—Subsec. (a). Pub. L. 96–513, § 511(36), substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Sec- retary of Health, Education, and Welfare’’. Subsec. (b). Pub. L. 96–513, § 511(36), (37), substituted ‘‘Secretary of Health and Human Services’’ and ‘‘Presi- dent’’ for ‘‘Secretary of Health, Education, and Wel- fare’’ and ‘‘Bureau of the Budget’’, respectively. 1966—Subsec. (b). Pub. L. 89–614 struck out provision which excepted from medical and dental care a member or former member who is entitled to retired pay under chapter 67 of this title and has served less than eight years on active duty (other than for training) and au- thorized care to be provided to persons covered by sub- sec. (b) in facilities operated by the Administrator of Veterans’ Affairs and available on a reimbursable basis at rates approved by the Bureau of the Budget. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title XVI, § 1633(b), Jan. 28, 2008, 122 Stat. 459, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2008.’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VII, § 743(b), Jan. 6, 2006, 119 Stat. 3360, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as of November 24, 2003, and as if included in the enact- ment of paragraph (2) of section 1074(a) of title 10, United States Code, by section 708 of the National De- fense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1530).’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title VII, § 722(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–186, provided that: ‘‘The amendments made by subsections (a)(1) and (b)(1) [amending this section and section 1079 of this title] shall take effect on October 1, 2001.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title VII, § 731(a)(2), Nov. 18, 1997, 111 Stat. 1811, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply with respect to coverage of medical care for, and the provision of such care to, a member of the Armed Forces under section 1074(c) of title 10, United States Code, on and after the later of the following: ‘‘(A) April 1, 1998. ‘‘(B) The date on which the TRICARE program is in place in the service area of the member.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–525 effective 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 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 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. ESTABLISHMENT OF INDO-PACIFIC MEDICAL READINESS PROGRAM Pub. L. 118–159, div. A, title VII, § 735, Dec. 23, 2024, 138 Stat. 1957, provided that: ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—Not later than January 1, 2026, the Secretary of Defense shall establish a medical readiness program (referred to in this section as the ‘Program’) to partner with countries in the Indo-Pa- cific region to gain access to foreign medical facili- ties during peacetime and wartime operations and maintain military-wide strategies for medical readi- ness in the region. ‘‘(2) OBJECTIVE.—The objective of the Program shall be to promote the medical readiness of the Armed Page 1035 TITLE 10—ARMED FORCES § 1074 Forces and the military forces of partner countries for missions during peacetime and wartime oper- ations by— ‘‘(A) reducing the movement and distance associ- ated with patient care; ‘‘(B) increasing the medical capacity of the De- partment of Defense by expanding patient access to medical facilities across the Indo-Pacific region, where and when appropriate; ‘‘(C) enhancing medical evacuation capabilities needed in carrying out subparagraphs (A) and (B); ‘‘(D) accrediting foreign medical facilities, which will standardize medical procedures, patient care, and policies related to treating members of the Armed Forces and their dependents; ‘‘(E) enhancing interoperability and interchange- ability through shared patient record management, medical equipment commonality, and coordination of medical care; and ‘‘(F) identifying any medical support and capa- bility gaps relating to medical personnel and equip- ment. ‘‘(3) ACTIVITIES.—In carrying out the Program, the Secretary shall— ‘‘(A) assess and integrate current medical capa- bilities and capacities of the Department of Defense in the Indo-Pacific region into the Program; ‘‘(B) select an appropriate standard of accredita- tion to evaluate and accredit foreign medical facili- ties; ‘‘(C) coordinate with partner countries to identify and evaluate medical facilities for the Program; ‘‘(D) establish agreements with foreign medical facilities for potential use of the Program; ‘‘(E) establish policies and procedures— ‘‘(i) to reduce patient movement times in var- ious countries in the Indo-Pacific region during peacetime and wartime operations; ‘‘(ii) to standardize medical procedures, patient care, and policies; ‘‘(iii) to securely share patient data with for- eign countries, when appropriate, such as during a contingency; ‘‘(iv) with respect to medical equipment com- monality and interchangeability; and ‘‘(v) with respect to the coordination of medical care; and ‘‘(F) integrate the Program into operational plans of the combatant commands. ‘‘(b) STRATEGY.— ‘‘(1) IN GENERAL.—Not later than September 30, 2025, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a strategy for the implementation of the Program. ‘‘(2) ELEMENTS.—The strategy under paragraph (1) shall include the following: ‘‘(A) A governance structure for the Program, in- cluding— ‘‘(i) the officials tasked to oversee the Program; ‘‘(ii) the functions and duties of such officials with respect to establishing and maintaining the Program; and ‘‘(iii) mechanisms for coordinating with partner countries selected to participate in the Program. ‘‘(B) With respect to the selection of partner countries initially selected to participate in the Program— ‘‘(i) an identification of each such country; ‘‘(ii) the rationale for selecting each such coun- try; and ‘‘(iii) any other information the Secretary con- siders appropriate. ‘‘(C) A campaign of objectives for the first three fiscal years after the date of the establishment of the Program, including— ‘‘(i) a description of, and a rational [sic] for se- lecting, such objectives; ‘‘(ii) an identification of milestones toward achieving such objectives; and ‘‘(iii) metrics for evaluating success in achiev- ing such objectives. ‘‘(D) A description of opportunities and potential timelines for future Program expansion, as appro- priate. ‘‘(E) A list of additional authorities, appropria- tions, or other congressional support necessary to ensure the success of the Program. ‘‘(F) Any other information the Secretary con- siders appropriate. ‘‘(3) FORM.—The strategy under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than October 1, 2026, and annually thereafter until October 1, 2035, the Sec- retary shall submit to the Committees on Armed Services of the Senate and the House of Representa- tives a report on the Program. ‘‘(2) ELEMENTS.—Each report under paragraph (1) shall include the following: ‘‘(A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. ‘‘(B) A campaign of objectives for the three fiscal years after the date of submission of the report, in- cluding— ‘‘(i) a description of, and a rational for select- ing, such objectives; ‘‘(ii) an identification of milestones toward achieving such objectives; and ‘‘(iii) metrics for evaluating success in achiev- ing such objectives. ‘‘(C) Except in the case of the initial report, an assessment of progress toward the objectives speci- fied in subparagraph (C) that were included in the report for the preceding fiscal year, as evaluated using the metrics described in clause (iii) of such subparagraph. ‘‘(D) A description of opportunities and potential timelines for future Program expansion, as appro- priate. ‘‘(E) Any other information the Secretary con- siders appropriate. ‘‘(3) FORM.—Each report required by paragraph (1) shall be submitted in unclassified form, but may in- clude a classified annex.’’ PROGRAM OF THE DEPARTMENT OF DEFENSE TO STUDY TREATMENT OF CERTAIN CONDITIONS USING CERTAIN PSYCHEDELIC SUBSTANCES Pub. L. 118–31, div. A, title VII, § 723, Dec. 22, 2023, 137 Stat. 306, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall establish a process to fund eligible entities to conduct research on the treatment of eligible members of the Armed Forces with a covered condition using covered psychedelic substances. Not later than 180 days after the date of the enactment of this Act, the Secretary shall designate a lead adminis- trator to carry out the program under this section. ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may enter into a partnership and award funding under this section to any of the following: ‘‘(1) A department or agency of the Federal Govern- ment or a State government. ‘‘(2) An academic institution. ‘‘(c) PARTICIPATION IN CLINICAL TRIALS.—The Sec- retary may authorize any member of the Armed Forces serving on active duty who is diagnosed with a covered condition to participate in a clinical trial that is con- ducted using funding awarded under this section and is authorized pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), without regard to— ‘‘(1) whether the clinical trial involves a substance included in the schedule under section 202 of the Con- trolled Substances Act (21 U.S.C. 812); or ‘‘(2) section 912a of title 10, United States Code (ar- ticle 112a of the Uniform Code of Military Justice). Page 1036 TITLE 10—ARMED FORCES § 1074 ‘‘(d) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on funding awarded under this section, including the following: ‘‘(1) Identification of clinics designated to host ac- tivities under the program. ‘‘(2) A description of entities to whom the Sec- retary has awarded such funding. ‘‘(3) The number of members of the Armed Forces serving on active duty who participated in a clinical trial described in subsection (c), the covered condi- tions of such members treated, and whether such members returned to full duty. ‘‘(4) Information on the findings of such clinical trials. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered condition’ means any of the following: ‘‘(A) Post-traumatic stress. ‘‘(B) Traumatic brain injury. ‘‘(2) The term ‘covered psychedelic substances’ means any of the following: ‘‘(A) 3,4-Methylenedioxy-methamphetamine (com- monly known as ‘MDMA’). ‘‘(B) Psilocybin. ‘‘(C) Ibogaine. ‘‘(D) 5-Methoxy-N,N-dimethyltryptamine (com- monly known as ‘5-MeO-DMT’). ‘‘(E) Qualified plant-based alternative therapies. ‘‘(3) The term ‘Secretary’ means the Secretary of Defense. ‘‘(4) The term ‘State’ has the meaning given such term in section 901 of title 32, United States Code.’’ GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE PARTNER VIOLENCE THROUGH TRICARE PROGRAM Pub. L. 117–263, div. A, title VII, § 748, Dec. 23, 2022, 136 Stat. 2689, provided that: ‘‘(a) GUIDANCE.—The Secretary of Defense shall dis- seminate guidance on the implementation through the TRICARE program of— ‘‘(1) education on healthy relationships and inti- mate partner violence; and ‘‘(2) protocols for— ‘‘(A) the routine assessment of intimate partner violence and sexual assault; and ‘‘(B) the promotion of, and strategies for, trauma- informed care plans. ‘‘(b) BRIEFING.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Sec- retary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of this section.’’ REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH COVID–19 Pub. L. 116–283, div. A, title VII, § 734, Jan. 1, 2021, 134 Stat. 3702, provided that: ‘‘(a) ESTABLISHMENT.—Not later than June 1, 2021, and subject to subsection (b), the Secretary of Defense shall establish and maintain a registry of covered TRICARE beneficiaries who have been diagnosed with COVID–19. ‘‘(b) RIGHT OF BENEFICIARY TO OPT OUT.—A covered TRICARE beneficiary may elect to opt out of inclusion in the registry under subsection (a). ‘‘(c) CONTENTS.—The registry under subsection (a) shall include, with respect to each covered TRICARE beneficiary included in the registry, the following: ‘‘(1) The demographic information of the bene- ficiary. ‘‘(2) Information on the industrial or occupational history of the beneficiary, to the extent such infor- mation is available in the records regarding the COVID–19 diagnosis of the beneficiary. ‘‘(3) Administrative information regarding the COVID–19 diagnosis of the beneficiary, including the date of the diagnosis and the location and source of the test used to make the diagnosis. ‘‘(4) Any symptoms of COVID–19 manifested in the beneficiary. ‘‘(5) Any treatments for COVID–19 taken by the beneficiary, or other medications taken by the bene- ficiary, when the beneficiary was diagnosed with COVID–19. ‘‘(6) Any pathological data characterizing the inci- dence of COVID–19 and the type of treatment for COVID–19 provided to the beneficiary. ‘‘(7) Information on any respiratory illness of the beneficiary recorded prior to the COVID–19 diagnosis of the beneficiary. ‘‘(8) Any information regarding the beneficiary con- tained in the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dig- nified Burial and Other Veterans’ Benefits Improve- ment Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). ‘‘(9) Any other information determined appropriate by the Secretary. ‘‘(d) REPORT.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Sec- retary shall submit to the Committees on Armed Serv- ices of the House of Representatives and the Senate a report on establishing the registry under subsection (a), including— ‘‘(1) a plan to implement the registry; ‘‘(2) the cost of implementing the registry; ‘‘(3) the location of the registry; and ‘‘(4) any recommended legislative changes with re- spect to establishing the registry. ‘‘(e) COVERED TRICARE BENEFICIARY DEFINED.—In this section, the term ‘covered TRICARE beneficiary’ means an individual who is enrolled in the direct care system under the TRICARE program and is treated for or diagnosed with COVID–19 at a military medical treatment facility.’’ COVERAGE OF TESTING FOR COVID–19: APPLICATION WITH RESPECT TO TRICARE Pub. L. 116–127, div. F, § 6006(a), Mar. 18, 2020, 134 Stat. 207, provided that: ‘‘The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph (1) of sec- tion 6001(a) [of Pub. L. 116–127, 42 U.S.C. 1320b–5 note] (or the administration of such products) or visits de- scribed in paragraph (2) of such section furnished dur- ing any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Secu- rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act [Mar. 18, 2020].’’ PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUB- STANCES Pub. L. 116–92, div. A, title VII, § 707, Dec. 20, 2019, 133 Stat. 1441, provided that: ‘‘(a) IN GENERAL.—Beginning on October 1, 2020, the Secretary of Defense shall provide blood testing to de- termine and document potential exposure to perfluoroalkyl and polyfluoroalkyl substances (com- monly known as ‘PFAS’) for each firefighter of the De- partment of Defense during the annual physical exam conducted by the Department for each such firefighter. ‘‘(b) FIREFIGHTER DEFINED.—In this section, the term ‘firefighter’ means someone whose primary job or mili- tary occupational specialty is being a firefighter.’’ COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH CARE TO MEMBERS OF THE ARMED FORCES Pub. L. 116–92, div. A, title VII, § 718, Dec. 20, 2019, 133 Stat. 1453, provided that: ‘‘(a) POLICY REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense, acting through the Under Sec- Page 1037 TITLE 10—ARMED FORCES § 1074 retary of Defense for Personnel and Readiness, shall de- velop and implement a comprehensive policy for the provision of mental health care to members of the Armed Forces. ‘‘(b) ELEMENTS.—The policy under subsection (a) shall address each of the following: ‘‘(1) The compliance of health professionals in the military health system engaged in the provision of health care services to members with clinical prac- tice guidelines for— ‘‘(A) suicide prevention; ‘‘(B) medication-assisted therapy for alcohol use disorders; and ‘‘(C) medication-assisted therapy for opioid use disorders. ‘‘(2) The access and availability of mental health care services to members who are victims of sexual assault or domestic violence. ‘‘(3) The availability of naloxone reversal capability on military installations. ‘‘(4) The promotion of referrals of members by civil- ian health care providers to military medical treat- ment facilities when such members are— ‘‘(A) at high risk for suicide and diagnosed with a psychiatric disorder; or ‘‘(B) receiving treatment for opioid use disorders. ‘‘(5) The provision of comprehensive behavioral health treatment to members of the reserve compo- nents that takes into account the unique challenges associated with the deployment pattern of such mem- bers and the difficulty such members encounter post- deployment with respect to accessing such treatment in civilian communities. ‘‘(c) CONSIDERATION.—In developing the policy under subsection (a), the Secretary of Defense shall solicit and consider recommendations from the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff regarding the feasibility of imple- mentation and execution of particular elements of the policy. ‘‘(d) REPORT.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the policy under subsection (a).’’ DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED FORCES TO TOXIC SUBSTANCES Pub. L. 115–91, div. A, title VII, § 737, Dec. 12, 2017, 131 Stat. 1445, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall conduct a declassification review of documents related to any known incident in which not fewer than 100 members of the Armed Forces were intentionally ex- posed to a toxic substance that resulted in at least one case of a disability that a member of the medical pro- fession has determined to be associated with that toxic substance. ‘‘(b) LIMITATION.—The declassification required by subsection (a) shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following: ‘‘(1) Whether that individual was exposed to that toxic substance. ‘‘(2) The potential severity of the exposure of that individual to that toxic substance. ‘‘(3) Any potential health conditions that may have resulted from exposure to that toxic substance. ‘‘(c) EXCEPTION.—The Secretary of Defense is not re- quired to declassify documents under subsection (a) if the Secretary determines that declassification of those documents would materially and immediately threaten the security of the United States. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ has the meaning given that term in section 101 of title 10, United States Code. ‘‘(2) EXPOSED.—The term ‘exposed’ means, with re- spect to a toxic substance, that an individual came into contact with that toxic substance in a manner that could be hazardous to the health of that indi- vidual, that may include if that toxic substance was inhaled, ingested, or touched the skin or eyes. ‘‘(3) EXPOSURE.—The term ‘exposure’ means, with respect to a toxic substance, an event during which an individual was exposed to that toxic substance. ‘‘(4) TOXIC SUBSTANCE.—The term ‘toxic substance’ means any substance determined by the Adminis- trator of the Environmental Protection Agency to be harmful to the environment or hazardous to the health of an individual if inhaled or ingested by or absorbed through the skin of that individual.’’ ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AU- THORIZED STRENGTHS, AND INFRASTRUCTURE IN MILI- TARY HEALTH SYSTEM TO MAINTAIN READINESS AND CORE COMPETENCIES OF HEALTH CARE PROVIDERS Pub. L. 114–328, div. A, title VII, § 725, Dec. 23, 2016, 130 Stat. 2230, provided that: ‘‘(a) IN GENERAL.—Except as provided by subsection (c), not later than one year after the date of the enact- ment of this Act [Dec. 23, 2016], the Secretary of De- fense shall implement measures to maintain the crit- ical wartime medical readiness skills and core com- petencies of health care providers within the Armed Forces. ‘‘(b) MEASURES.—The measures under subsection (a) shall include measures under which the Secretary en- sures the following: ‘‘(1) Medical services provided through the military health system at military medical treatment facili- ties— ‘‘(A) maintain the critical wartime medical readi- ness skills and core competencies of health care providers within the Armed Forces; and ‘‘(B) ensure the medical readiness of the Armed Forces. ‘‘(2) The authorized strengths for military and civil- ian personnel throughout the military health sys- tem— ‘‘(A) maintain the critical wartime medical readi- ness skills and core competencies of health care providers within the Armed Forces; and ‘‘(B) ensure the medical readiness of the Armed Forces. ‘‘(3) The infrastructure in the military health sys- tem, including infrastructure of military medical treatment facilities— ‘‘(A) maintains the critical wartime medical read- iness skills and core competencies of health care providers within the Armed Forces; and ‘‘(B) ensures the medical readiness of the Armed Forces. ‘‘(4) Any covered beneficiary who may be affected by the measures implemented under subsection (a) will be able to receive through the purchased care component of the TRICARE program any medical services that will not be available to such covered beneficiary at a military medical treatment facility by reason of such measures. ‘‘(c) EXCEPTION.—The Secretary is not required to im- plement measures under subsection (a)(1) with respect to military medical treatment facilities located in a foreign country if the Secretary determines that pro- viding medical services in addition to the medical serv- ices described in such subsection is necessary to ensure that covered beneficiaries located in that foreign coun- try have access to a similar level of care available to covered beneficiaries located in the United States. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘clinical and logistical capabilities’ means those capabilities relating to the provision of health care that are necessary to accomplish oper- ational requirements, including— ‘‘(A) combat casualty care; ‘‘(B) medical response to and treatment of inju- ries sustained from chemical, biological, radio- logical, nuclear, or explosive incidents; ‘‘(C) diagnosis and treatment of infectious dis- eases; Page 1038 TITLE 10—ARMED FORCES § 1074 ‘‘(D) aerospace medicine; ‘‘(E) undersea medicine; ‘‘(F) diagnosis, treatment, and rehabilitation of specialized medical conditions; ‘‘(G) diagnosis and treatment of diseases and inju- ries that are not related to battle; and ‘‘(H) humanitarian assistance. ‘‘(2) The terms ‘covered beneficiary’ and ‘TRICARE program’ have the meanings given those terms in sec- tion 1072 of title 10, United States Code. ‘‘(3) The term ‘critical wartime medical readiness skills and core competencies’ means those essential medical capabilities, including clinical and logistical capabilities, that are— ‘‘(A) necessary to be maintained by health care providers within the Armed Forces for national se- curity purposes; and ‘‘(B) vital to the provision of effective and timely health care during contingency operations.’’ REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING PRACTICES AT MILITARY TREATMENT FACILITIES OF PHARMACEUTICAL AGENTS FOR TREATMENT OF POST- TRAUMATIC STRESS Pub. L. 114–328, div. A, title VII, § 745, Dec. 23, 2016, 130 Stat. 2240, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall— ‘‘(1) conduct a comprehensive review of the pre- scribing practices at military treatment facilities of pharmaceutical agents for the treatment of post- traumatic stress; ‘‘(2) implement a process or processes to monitor the prescribing practices at military treatment fa- cilities of pharmaceutical agents that are discour- aged from use under the VA/DOD Clinical Practice Guideline for Management of Post-Traumatic Stress; and ‘‘(3) implement a plan to address any deviations from such guideline in prescribing practices of phar- maceutical agents for management of post-traumatic stress at such facilities. ‘‘(b) PHARMACEUTICAL AGENT DEFINED.—In this sec- tion, the term ‘pharmaceutical agent’ has the meaning given that term in section 1074g(g) [now 1074g(i)] of title 10, United States Code.’’ PILOT PROGRAM ON INVESTIGATIONAL TREATMENT OF MEMBERS OF THE ARMED FORCES FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DIS- ORDER Pub. L. 113–66, div. A, title VII, § 704, Dec. 26, 2013, 127 Stat. 792, provided that: ‘‘(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish a process for randomized placebo-controlled clinical trials of investigational treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in health care facili- ties other than military treatment facilities. ‘‘(b) CONDITIONS FOR APPROVAL.—The approval by the Secretary for a treatment pursuant to subsection (a) shall be subject to the following conditions: ‘‘(1) Any drug or device used in the treatment must be approved, cleared, or made subject to an investiga- tional use exemption by the Food and Drug Adminis- tration, and the use of the drug or device must com- ply with rules of the Food and Drug Administration applicable to investigational new drugs or investiga- tional devices. ‘‘(2) The treatment must be approved by the Sec- retary following approval by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Serv- ices, in addition to regulations issued by the Sec- retary of Defense regarding institutional review boards. ‘‘(3) The patient receiving the treatment may not be a retired member of the Armed Forces who is enti- tled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ‘‘(c) ADDITIONAL RESTRICTIONS AUTHORIZED.—The Sec- retary may establish additional restrictions or condi- tions as the Secretary determines appropriate to en- sure the protection of human research subjects, appro- priate fiscal management, and the validity of the re- search results. ‘‘(d) DATA COLLECTION AND AVAILABILITY.—The Sec- retary shall develop and maintain a database con- taining data from each patient case involving the use of a treatment under this section. The Secretary shall ensure that the database preserves confidentiality and that any use of the database or disclosures of such data are limited to such use and disclosures permitted by law and applicable regulations. ‘‘(e) REPORTS TO CONGRESS.—Not later than 30 days after the last day of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section and any avail- able results on investigational treatment clinical trials authorized under this section during such fiscal year. ‘‘(f) TERMINATION.—The authority of the Secretary to carry out the pilot program authorized by subsection (a) shall terminate on December 31, 2018.’’ DEPARTMENT OF DEFENSE GUIDANCE ON ENVIRON- MENTAL EXPOSURES AT MILITARY INSTALLATIONS Pub. L. 112–239, div. A, title III, § 313(a), Jan. 2, 2013, 126 Stat. 1692, provided that: ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the Sec- retary of Defense shall issue guidance to the military departments and appropriate defense agencies regard- ing environmental exposures on military installations. ‘‘(2) ELEMENTS.—The guidance issued pursuant to paragraph (1) shall address, at a minimum, the fol- lowing: ‘‘(A) The criteria for when and under what cir- cumstances public health assessments by the Agency for Toxic Substances and Disease Registry must be requested in connection with environmental contami- nation at military installations, including past inci- dents of environmental contamination. ‘‘(B) The procedures to be used to track and docu- ment the status and nature of responses to the find- ings and recommendations of the public health as- sessments of the Agency of Toxic Substances and Dis- ease Registry that involve contamination at military installations. ‘‘(C) The appropriate actions to be undertaken to assess significant long-term health risks from past environmental exposures to military personnel and civilian individuals from living or working on mili- tary installations. ‘‘(3) SUBMISSION.—Not later than 30 days after the issuance of the guidance required by paragraph (1), the Secretary of Defense shall transmit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a copy of the guidance.’’ SMOKING CESSATION PROGRAM UNDER TRICARE Pub. L. 110–417, [div. A], title VII, § 713, Oct. 14, 2008, 122 Stat. 4503, as amended by Pub. L. 114–92, div. A, title VII, § 705, Nov. 25, 2015, 129 Stat. 863, provided that: ‘‘(a) TRICARE SMOKING CESSATION PROGRAM.—Not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary of Defense shall establish a smoking cessation program under the TRICARE program, to be made available to all bene- ficiaries under the TRICARE program, subject to sub- section (b). The Secretary may prescribe such regula- tions as may be necessary to implement the program. ‘‘(b) EXCLUSION FOR MEDICARE-ELIGIBLE BENE- FICIARIES.—The smoking cessation program shall not be made available to medicare-eligible beneficiaries. Page 1039 TITLE 10—ARMED FORCES § 1074 ‘‘(c) ELEMENTS.—The program shall include, at a min- imum, the following elements: ‘‘(1) The availability, at no cost to the beneficiary, of pharmaceuticals used for smoking cessation, with a limitation on the availability of such pharma- ceuticals to the national mail-order pharmacy pro- gram under the TRICARE program if appropriate. ‘‘(2) Counseling. ‘‘(3) Access to a toll-free quit line that is available 24 hours a day, 7 days a week. ‘‘(4) Access to printed and Internet web-based to- bacco cessation material. ‘‘(d) CHAIN OF COMMAND INVOLVEMENT.—In estab- lishing the program, the Secretary of Defense shall pro- vide for involvement by officers in the chain of com- mand of participants in the program who are on active duty. ‘‘(e) PLAN.—Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to implement the program. ‘‘(f) REFUND OF COPAYMENTS.— ‘‘(1) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the Secretary may pay a re- fund to a medicare-eligible beneficiary otherwise ex- cluded by this section, subject to the availability of appropriations specifically for such refunds, con- sisting of an amount up to the difference between— ‘‘(A) the amount the beneficiary pays for copay- ments for smoking cessation services described in subsection (c); and ‘‘(B) the amount the beneficiary would have paid if the beneficiary had not been excluded under sub- section (b) from the smoking cessation program under subsection (a). ‘‘(2) COPAYMENTS COVERED.—The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries after September 30, 2008. ‘‘(g) REPORT.—Not later than one year after the date of the enactment of this Act [Oct. 14, 2008], the Sec- 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 covering the following: ‘‘(1) The status of the program. ‘‘(2) The number of participants in the program. ‘‘(3) The cost of the program. ‘‘(4) The costs avoided that are attributed to the program. ‘‘(5) The success rates of the program compared to other nationally recognized smoking cessation pro- grams. ‘‘(6) Findings regarding the success rate of partici- pants in the program. ‘‘(7) Recommendations to modify the policies and procedures of the program. ‘‘(8) Recommendations concerning the future util- ity of the program. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) TRICARE PROGRAM.—The term ‘TRICARE pro- gram’ has the meaning provided by section 1072(7) of title 10, United States Code. ‘‘(2) MEDICARE-ELIGIBLE.—The term ‘medicare-eligi- ble’ has the meaning provided by section 1111(b) of title 10, United States Code.’’ LONGITUDINAL STUDY ON TRAUMATIC BRAIN INJURY IN- CURRED BY MEMBERS OF THE ARMED FORCES IN OP- ERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM Pub. L. 109–364, div. A, title VII, § 721, Oct. 17, 2006, 120 Stat. 2294, provided that: ‘‘(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a longitudinal study on the effects of traumatic brain injury incurred by members of the Armed Forces serving in Operation Iraqi Freedom or Operation Enduring Freedom on the members who incur such an injury and their families. ‘‘(b) DURATION.—The study required by subsection (a) shall be conducted for a period of 15 years. ‘‘(c) ELEMENTS.—The study required by subsection (a) shall specifically address the following: ‘‘(1) The long-term physical and mental health ef- fects of traumatic brain injuries incurred by mem- bers of the Armed Forces during service in Operation Iraqi Freedom or Operation Enduring Freedom. ‘‘(2) The health care, mental health care, and reha- bilitation needs of such members for such injuries after the completion of inpatient treatment through the Department of Defense, the Department of Vet- erans Affairs, or both. ‘‘(3) The type and availability of long-term care re- habilitation programs and services within and out- side the Department of Defense and the Department of Veterans Affairs for such members for such inju- ries, including community-based programs and serv- ices and in-home programs and services. ‘‘(4) The effect on family members of a member in- curring such an injury. ‘‘(d) CONSULTATION.—The Secretary of Defense shall conduct the study required by subsection (a) and pre- pare the reports required by subsection (e) in consulta- tion with the Secretary of Veterans Affairs. ‘‘(e) PERIODIC AND FINAL REPORTS.—After the third, seventh, eleventh, and fifteenth years of the study re- quired by subsection (a), the Secretary of Defense shall submit to Congress a comprehensive report on the re- sults of the study during the preceding years. Each re- port shall include the following: ‘‘(1) Current information on the cumulative out- comes of the study. ‘‘(2) Such recommendations as the Secretary of De- fense and the Secretary of Veterans Affairs jointly consider appropriate based on the outcomes of the study, including recommendations for legislative, programmatic, or administrative action to improve long-term care and rehabilitation programs and serv- ices for members of the Armed Forces with traumatic brain injuries.’’ STANDARDS AND TRACKING OF ACCESS TO HEALTH CARE SERVICES FOR WOUNDED, INJURED, OR ILL SERVICEMEMBERS RETURNING TO THE UNITED STATES FROM A COMBAT ZONE Pub. L. 109–364, div. A, title VII, § 733, Oct. 17, 2006, 120 Stat. 2298, provided that: ‘‘(a) REPORT ON UNIFORM STANDARDS FOR ACCESS.— Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on uniform standards for the access of wounded, injured, or ill members of the Armed Forces to health care serv- ices in the United States following return from a com- bat zone. ‘‘(b) MATTERS COVERED.—The report required by sub- section (a) shall describe in detail policies with respect to the following: ‘‘(1) The access of wounded, injured, or ill members of the Armed Forces to emergency care. ‘‘(2) The access of such members to surgical serv- ices. ‘‘(3) Waiting times for referrals and consultations of such members by medical personnel, dental per- sonnel, mental health specialists, and rehabilitative service specialists, including personnel and special- ists with expertise in prosthetics and in the treat- ment of head, vision, and spinal cord injuries. ‘‘(4) Waiting times of such members for acute care and for routine follow-up care. ‘‘(c) REFERRAL TO PROVIDERS OUTSIDE MILITARY HEALTH CARE SYSTEM.—The Secretary shall require that health care services and rehabilitation needs of members described in subsection (a) be met through whatever means or mechanisms possible, including through the referral of members described in that sub- section to health care providers outside the military health care system. Page 1040 TITLE 10—ARMED FORCES § 1074 ‘‘(d) UNIFORM SYSTEM FOR TRACKING OF PERFORM- ANCE.—The Secretary shall establish a uniform system for tracking the performance of the military health care system in meeting the requirements for access of wounded, injured, or ill members of the Armed Forces to health care services described in subsection (a). ‘‘(e) REPORTS.— ‘‘(1) TRACKING SYSTEM.—Not later than 180 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the system established under subsection (d). ‘‘(2) ACCESS.—Not later than October 1, 2006, and each quarter thereafter during fiscal year 2007, the Secretary shall submit to such committees a report on the performance of the health care system in meeting the access standards described in the report required by subsection (a).’’ TRAINING CURRICULA FOR FAMILY CAREGIVERS ON CARE AND ASSISTANCE FOR MEMBERS AND FORMER MEM- BERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY Pub. L. 109–364, div. A, title VII, § 744, Oct. 17, 2006, 120 Stat. 2308, provided that: ‘‘(a) TRAUMATIC BRAIN INJURY FAMILY CAREGIVER PANEL.— ‘‘(1) ESTABLISHMENT.—The Secretary of Defense shall establish a panel within the Department of De- fense, to be known as the ‘Traumatic Brain Injury Family Caregiver Panel’, to develop coordinated, uni- form, and consistent training curricula to be used in training family members in the provision of care and assistance to members and former members of the Armed Forces with traumatic brain injuries. ‘‘(2) MEMBERS.—The Traumatic Brain Injury Fam- ily Caregiver Panel shall consist of 15 members ap- pointed by the Secretary of Defense from among the following: ‘‘(A) Physicians, nurses, rehabilitation therapists, and other individuals with an expertise in caring for and assisting individuals with traumatic brain injury, including persons who specialize in caring for and assisting individuals with traumatic brain injury incurred in combat. ‘‘(B) Representatives of family caregivers or fam- ily caregiver associations. ‘‘(C) Health and medical personnel of the Depart- ment of Defense and the Department of Veterans Affairs with expertise in traumatic brain injury and personnel and readiness representatives of the De- partment of Defense with expertise in traumatic brain injury. ‘‘(D) Psychologists or other individuals with ex- pertise in the mental health treatment and care of individuals with traumatic brain injury. ‘‘(E) Experts in the development of training cur- ricula. ‘‘(F) Family members of members of the Armed Forces with traumatic brain injury. ‘‘(G) Such other individuals the Secretary con- siders appropriate. ‘‘(3) CONSULTATION.—In establishing the Traumatic Brain Injury Family Caregiver Panel and appointing the members of the Panel, the Secretary of Defense shall consult with the Secretary of Veterans Affairs. ‘‘(b) DEVELOPMENT OF CURRICULA.— ‘‘(1) DEVELOPMENT.—The Traumatic Brain Injury Family Caregiver Panel shall develop training cur- ricula to be used by family members of members and former members of the Armed Forces on techniques, strategies, and skills for care and assistance for such members and former members with traumatic brain injury. ‘‘(2) SCOPE OF CURRICULA.—The curricula shall— ‘‘(A) be based on empirical research and validated techniques; and ‘‘(B) shall provide for training that permits re- cipients to tailor caregiving to the unique cir- cumstances of the member or former member of the Armed Forces receiving care. ‘‘(3) PARTICULAR REQUIREMENTS.—In developing the curricula, the Traumatic Brain Injury Family Care- giver Panel shall— ‘‘(A) specify appropriate training commensurate with the severity of traumatic brain injury; and ‘‘(B) identify appropriate care and assistance to be provided for the degree of severity of traumatic brain injury for caregivers of various levels of skill and capability. ‘‘(4) USE OF EXISTING MATERIALS.—In developing the curricula, the Traumatic Brain Injury Family Care- giver Panel shall use and enhance any existing train- ing curricula, materials, and resources applicable to such curricula as the Panel considers appropriate. ‘‘(5) DEADLINE FOR DEVELOPMENT.—The Traumatic Brain Injury Family Caregiver Panel shall develop the curricula not later than one year after the date of the enactment of this Act [Oct. 17, 2006]. ‘‘(c) DISSEMINATION OF CURRICULA.— ‘‘(1) DISSEMINATION MECHANISMS.—The Secretary of Defense shall develop mechanisms for the dissemina- tion of the curricula developed under subsection (b)— ‘‘(A) to health care professionals who treat or otherwise work with members and former members of the Armed Forces with traumatic brain injury; ‘‘(B) to family members affected by the traumatic brain injury of such members and former members; and ‘‘(C) to other care or support personnel who may provide service to members or former members af- fected by traumatic brain injury. ‘‘(2) USE OF EXISTING MECHANISMS.—In developing such mechanisms, the Secretary may use and en- hance existing mechanisms, including the Military Severely Injured Center (authorized under section 564 of this Act [10 U.S.C. 113 note]) and the programs for service to severely injured members established by the military departments. ‘‘(d) REPORT.—Not later than one year after the de- velopment of the curricula required by subsection (b), the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the Committees on Armed Serv- ices and Veterans Affairs of the Senate and the House of Representatives a report on the following: ‘‘(1) The actions undertaken under this section. ‘‘(2) Recommendations for the improvement or up- dating of training curriculum developed and provided under this section.’’ PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT OF POST TRAUMATIC STRESS DISORDER AND OTHER MENTAL HEALTH CONDITIONS Pub. L. 109–364, div. A, title VII, § 741, Oct. 17, 2006, 120 Stat. 2304, required the Secretary of Defense to carry out not less than three pilot projects, to end by Sept. 30, 2008, to evaluate various approaches to improving the early diagnosis and treatment of post traumatic stress disorder and other mental health conditions and to report to Congress no later than Dec. 31, 2008. Pub. L. 109–163, div. A, title VII, § 722, Jan. 6, 2006, 119 Stat. 3347, authorized the Secretary of Defense to carry out pilot projects on improving the early diagnosis and treatment of post traumatic stress disorder and other mental health conditions and required a progress re- port to be submitted to Congress no later than Sept. 1, 2006. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS OF THE NAVAL SERVICE EXPOSED TO ENVI- RONMENTAL FACTORS RELATED TO SARCOIDOSIS Pub. L. 109–163, div. A, title VII, § 746, Jan. 6, 2006, 119 Stat. 3362, directed the Secretary of the Navy, within six months after Jan. 6, 2006, to begin an outreach pro- gram to contact as many members and former mem- bers of the naval service as possible who may have been exposed to aerosolized particles resulting from the re- moval of nonskid coating used on Navy ships and to re- Page 1041 TITLE 10—ARMED FORCES § 1074 port to Congress on the program results within one year after the beginning of the program. MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS OVERSIGHT COMMITTEE Pub. L. 108–375, div. A, title VII, § 731, Oct. 28, 2004, 118 Stat. 1993, as amended by Pub. L. 109–163, div. A, title V, § 515(h), Jan. 6, 2006, 119 Stat. 3237; Pub. L. 109–364, div. A, title X, § 1071(g)(8), Oct. 17, 2006, 120 Stat. 2402; Pub. L. 112–81, div. A, title X, § 1062(f)(1), Dec. 31, 2011, 125 Stat. 1585, provided that: ‘‘(a) REQUIREMENT FOR PLAN.—The Secretary of De- fense shall develop a comprehensive plan to improve medical readiness, and Department of Defense tracking of the health status, of members of the Armed Forces throughout their service in the Armed Forces, and to strengthen medical readiness and tracking before, dur- ing, and after deployment of members of the Armed Forces overseas. The matters covered by the com- prehensive plan shall include all elements that are de- scribed in this subtitle [subtitle D [§§ 731 to 740] of title VII of Pub. L. 108–375, enacting sections 1073b and 1092a of this title and enacting provisions set out as notes under this section and sections 1073b, 1074f, and 1092a of this title] and the amendments made by this subtitle and shall comply with requirements in law. ‘‘(b) JOINT MEDICAL READINESS OVERSIGHT COM- MITTEE.— ‘‘(1) ESTABLISHMENT.—The Secretary of Defense shall establish a Joint Medical Readiness Oversight Committee. ‘‘(2) COMPOSITION.—The members of the Committee are as follows: ‘‘(A) The Under Secretary of Defense for Per- sonnel and Readiness, who shall chair the Com- mittee. ‘‘(B) The Vice Chief of Staff of the Army, the Vice Chief of Naval Operations, the Vice Chief of Staff of the Air Force, and the Assistant Commandant of the Marine Corp [sic]. ‘‘(C) The Assistant Secretary of Defense for Health Affairs. ‘‘(D) The Assistant Secretary of Defense for Re- serve Affairs [now Assistant Secretary of Defense for Manpower and Reserve Affairs]. ‘‘(E) The Surgeon General of each of the Army, the Navy, and the Air Force. ‘‘(F) The Assistant Secretary of the Army for Manpower and Reserve Affairs. ‘‘(G) The Assistant Secretary of the Navy for Manpower and Reserve Affairs. ‘‘(H) The Assistant Secretary of the Air Force for Manpower, Reserve Affairs, Installations, and Envi- ronment. ‘‘(I) The Chief of the National Guard Bureau. ‘‘(J) The Chief of Army Reserve. ‘‘(K) The Chief of Navy Reserve. ‘‘(L) The Chief of Air Force Reserve. ‘‘(M) The Commander, Marine Corps Reserve. ‘‘(N) The Director of the Defense Manpower Data Center. ‘‘(O) A representative of the Department of Vet- erans Affairs designated by the Secretary of Vet- erans Affairs. ‘‘(3) DUTIES.—The duties of the Committee are as follows: ‘‘(A) To advise the Secretary of Defense on the medical readiness and health status of the members of the active and reserve components of the Armed Forces. ‘‘(B) To advise the Secretary of Defense on the compliance of the Armed Forces with the medical readiness tracking and health surveillance policies of the Department of Defense. ‘‘(C) To oversee the development and implementa- tion of the comprehensive plan required by sub- section (a) and the actions required by this subtitle and the amendments made by this subtitle, includ- ing with respect to matters relating to— ‘‘(i) the health status of the members of the re- serve components of the Armed Forces; ‘‘(ii) accountability for medical readiness; ‘‘(iii) medical tracking and health surveillance; ‘‘(iv) declassification of information on environ- mental hazards; ‘‘(v) postdeployment health care for members of the Armed Forces; and ‘‘(vi) compliance with Department of Defense and other applicable policies on blood serum re- positories. ‘‘(D) To ensure unity and integration of efforts across functional and organizational lines within the Department of Defense with regard to medical readiness tracking and health surveillance of mem- bers of the Armed Forces. ‘‘(E) To establish and monitor compliance with the medical readiness standards that are applicable to members and those that are applicable to units. ‘‘(F) To improve continuity of care in coordina- tion with the Secretary of Veterans Affairs, for members of the Armed Forces separating from ac- tive service with service-connected medical condi- tions. ‘‘(4) FIRST MEETING.—The first meeting of the Com- mittee shall be held not later than 120 days after the date of the enactment of this Act [Oct. 28, 2004].’’ ACCOUNTABILITY FOR MEDICAL READINESS OF INDIVIDUALS AND UNITS OF THE RESERVE COMPONENTS Pub. L. 108–375, div. A, title VII, § 732(b), Oct. 28, 2004, 118 Stat. 1997, provided that: ‘‘(1) POLICY.—The Secretary of Defense shall take measures, in addition to those required by section 1074f of title 10, United States Code, to ensure that indi- vidual members and commanders of reserve component units fulfill their responsibilities and meet the require- ments for medical and dental readiness of members of the units. Such measures may include— ‘‘(A) requiring more frequent health assessments of members than is required by section 1074f(b) of title 10, United States Code, with an objective of having every member of the Selected Reserve receive a health assessment as specified in section 1074f of such title not less frequently than once every two years; and ‘‘(B) providing additional support and information to commanders to assist them in improving the health status of members of their units. ‘‘(2) REVIEW AND FOLLOWUP CARE.—The measures under this subsection shall provide for review of the health assessments under paragraph (1) by a medical professional and for any followup care and treatment that is otherwise authorized for medical or dental read- iness. ‘‘(3) MODIFICATION OF PREDEPLOYMENT HEALTH ASSESS- MENT SURVEY.—In carrying out paragraph (1), the Sec- retary shall— ‘‘(A) to the extent practicable, modify the predeployment health assessment survey to bring such survey into conformity with the detailed postdeployment health assessment survey in use as of October 1, 2004; and ‘‘(B) ensure the use of the predeployment health as- sessment survey, as so modified, for predeployment health assessments after that date.’’ UNIFORM POLICY ON DEFERRAL OF MEDICAL TREAT- MENT PENDING DEPLOYMENT TO THEATERS OF OPER- ATIONS Pub. L. 108–375, div. A, title VII, § 732(c), Oct. 28, 2004, 118 Stat. 1997, provided that: ‘‘(1) REQUIREMENT FOR POLICY.—The Secretary of De- fense shall prescribe, for uniform applicability through- out the Armed Forces, a policy on deferral of medical treatment of members pending deployment. ‘‘(2) CONTENT.—The policy prescribed under paragraph (1) may specify the following matters: ‘‘(A) The circumstances under which treatment for medical conditions may be deferred to be provided within a theater of operations in order to prevent Page 1042 TITLE 10—ARMED FORCES § 1074 delay or other disruption of a deployment to that theater. ‘‘(B) The circumstances under which medical condi- tions are to be treated before deployment to that the- ater.’’ MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE IN THE THEATER OF OPERATIONS Pub. L. 108–375, div. A, title VII, § 734, Oct. 28, 2004, 118 Stat. 1998, provided that: ‘‘(a) RECORDKEEPING POLICY.—The Secretary of De- fense shall prescribe a policy that requires the records of all medical care provided to a member of the Armed Forces in a theater of operations to be maintained as part of a complete health record for the member. ‘‘(b) IN-THEATER MEDICAL TRACKING AND HEALTH SUR- VEILLANCE.— ‘‘(1) REQUIREMENT FOR EVALUATION.—The Secretary of Defense shall evaluate the system for the medical tracking and health surveillance of members of the Armed Forces in theaters of operations and take such actions as may be necessary to improve the medical tracking and health surveillance. ‘‘(2) REPORT.—Not later than one year after the date of the enactment of this Act [Oct. 28, 2004], the Secretary of Defense shall submit a report on the ac- tions taken under paragraph (1) to the Committees on Armed Services of the Senate and the House of Rep- resentatives. The report shall include the following matters: ‘‘(A) An analysis of the strengths and weaknesses of the medical tracking system administered under section 1074f of title 10, United States Code. ‘‘(B) An analysis of the efficacy of health surveil- lance systems as a means of detecting— ‘‘(i) any health problems (including mental health conditions) of members of the Armed Forces contemporaneous with the performance of the assessment under the system; and ‘‘(ii) exposures of the assessed members to envi- ronmental hazards that potentially lead to future health problems. ‘‘(C) An analysis of the strengths and weaknesses of such medical tracking and surveillance systems as a means for supporting future research on health issues. ‘‘(D) Recommended changes to such medical tracking and health surveillance systems. ‘‘(E) A summary of scientific literature on blood sampling procedures used for detecting and identi- fying exposures to environmental hazards. ‘‘(F) An assessment of whether there is a need for changes to regulations and standards for drawing blood samples for effective tracking and health sur- veillance of the medical conditions of personnel be- fore deployment, upon the end of a deployment, and for a followup period of appropriate length. ‘‘(c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM AL- LIES.—The Secretary of Defense shall develop a plan for obtaining all records of medical treatment provided to members of the Armed Forces by allies of the United States in Operation Enduring Freedom and Operation Iraqi Freedom. The plan shall specify the actions that are to be taken to obtain all such records. ‘‘(d) POLICY ON IN-THEATER PERSONNEL LOCATOR DATA.—Not later than one year after the date of the en- actment of this Act [Oct. 28, 2004], the Secretary of De- fense shall prescribe a Department of Defense policy on the collection and dissemination of in-theater indi- vidual personnel location data.’’ DECLASSIFICATION OF INFORMATION ON EXPOSURES TO ENVIRONMENTAL HAZARDS Pub. L. 108–375, div. A, title VII, § 735, Oct. 28, 2004, 118 Stat. 1999, provided that: ‘‘(a) REQUIREMENT FOR REVIEW.—The Secretary of De- fense shall review and, as determined appropriate, re- vise the classification policies of the Department of De- fense with a view to facilitating the declassification of data that is potentially useful for the monitoring and assessment of the health of members of the Armed Forces who have been exposed to environmental haz- ards during deployments overseas, including the fol- lowing data: ‘‘(1) In-theater injury rates. ‘‘(2) Data derived from environmental surveillance. ‘‘(3) Health tracking and surveillance data. ‘‘(b) CONSULTATION WITH COMMANDERS OF THEATER COMBATANT COMMANDS.—The Secretary shall, to the ex- tent that the Secretary considers appropriate, consult with the senior commanders of the in-theater forces of the combatant commands in carrying out the review and revising policies under subsection (a).’’ UNIFORM POLICY FOR MEETING MOBILIZATION-RELATED MEDICAL CARE NEEDS AT MILITARY INSTALLATIONS Pub. L. 108–375, div. A, title VII, § 737, Oct. 28, 2004, 118 Stat. 2000, provided that: ‘‘(a) HEALTH CARE AT MOBILIZATION INSTALLATIONS.— The Secretary of Defense shall take such steps as nec- essary, including through the uniform policy estab- lished under subsection (c), to ensure that anticipated health care needs of members of the Armed Forces at mobilization installations can be met at those installa- tions. Such steps may, within authority otherwise available to the Secretary, include the following with respect to any such installation: ‘‘(1) Arrangements for health care to be provided by the Secretary of Veterans Affairs. ‘‘(2) Procurement of services from local health care providers. ‘‘(3) Temporary employment of health care per- sonnel to provide services at such installation. ‘‘(b) MOBILIZATION INSTALLATIONS.—For purposes of this section, the term ‘mobilization installation’ means a military installation at which members of the Armed Forces, in connection with a contingency operation or during a national emergency— ‘‘(1) are mobilized; ‘‘(2) are deployed; or ‘‘(3) are redeployed from a deployment location. ‘‘(c) REQUIREMENT FOR REGULATIONS.— ‘‘(1) POLICY ON IMPLEMENTATION.—The Secretary of Defense shall by regulation establish a policy for the implementation of subsection (a) throughout the De- partment of Defense. ‘‘(2) IDENTIFICATION AND ANALYSIS OF NEEDS.—As part of the policy prescribed under paragraph (1), the Secretary shall require the Secretary of each mili- tary department, with respect to each mobilization installation under the jurisdiction of that Secretary, to identify and analyze the anticipated health care needs at that installation with respect to members of the Armed Forces who may be expected to mobilize or deploy or redeploy at that installation as described in subsection (b)(1). Such identification and analysis shall be carried out so as to be completed before the arrival of such members at the installation. ‘‘(3) RESPONSE TO NEEDS.—The policy established by the Secretary of Defense under paragraph (1) shall re- quire that, based on the results of the identification and analysis under paragraph (2), the Secretary of the military department concerned shall determine how to expeditiously and effectively respond to those an- ticipated health care needs that cannot be met within the resources otherwise available at that installa- tion, in accordance with subsection (a). ‘‘(4) IMPLEMENTATION OF AUTHORITY.—In imple- menting the policy established under paragraph (1) at any installation, the Secretary of the military de- partment concerned shall ensure that the commander of the installation, and the officers and other per- sonnel superior to that commander in that com- mander’s chain of command, have appropriate au- thority and responsibility for such implementation. ‘‘(d) POLICY.—The Secretary of Defense shall ensure— ‘‘(1) that the policy prescribed under subsection (c) is carried out with respect to any mobilization instal- lation with the involvement of all agencies of the De- Page 1043 TITLE 10—ARMED FORCES § 1074 partment of Defense that have responsibility for management of the installation and all organizations of the Department that have command authority over any activity at the installation; and ‘‘(2) that such policy is implemented on a uniform basis throughout the Department of Defense.’’ FULL IMPLEMENTATION OF MEDICAL READINESS TRACK- ING AND HEALTH SURVEILLANCE PROGRAM AND FORCE HEALTH PROTECTION AND READINESS PROGRAM Pub. L. 108–375, div. A, title VII, § 738, Oct. 28, 2004, 118 Stat. 2001, provided that: ‘‘(a) IMPLEMENTATION AT ALL LEVELS.—The Secretary of Defense, in conjunction with the Secretaries of the military departments, shall take such actions as are necessary to ensure that the Army, Navy, Air Force, and Marine Corps fully implement at all levels— ‘‘(1) the Medical Readiness Tracking and Health Surveillance Program under this title [see Tables for classification] and the amendments made by this title; and ‘‘(2) the Force Health Protection and Readiness Program of the Department of Defense (relating to the prevention of injury and illness and the reduction of disease and noncombat injury threats). ‘‘(b) ACTION OFFICIAL.—The Secretary of Defense may act through the Under Secretary of Defense for Per- sonnel and Readiness in carrying out subsection (a).’’ INTERNET ACCESSIBILITY OF HEALTH ASSESSMENT INFORMATION FOR MEMBERS OF THE ARMED FORCES Pub. L. 108–375, div. A, title VII, § 739(b), Oct. 28, 2004, 118 Stat. 2002, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Oct. 28, 2004], the Chief Information Officer of each military de- partment shall ensure that the online portal website of that military department includes the following infor- mation relating to health assessments: ‘‘(1) Information on the policies of the Department of Defense and the military department concerned re- garding predeployment and postdeployment health assessments, including policies on the following mat- ters: ‘‘(A) Health surveys. ‘‘(B) Physical examinations. ‘‘(C) Collection of blood samples and other tissue samples. ‘‘(2) Procedural information on compliance with such policies, including the following information: ‘‘(A) Information for determining whether a mem- ber is in compliance. ‘‘(B) Information on how to comply. ‘‘(3) Health assessment surveys that are either— ‘‘(A) web-based; or ‘‘(B) accessible (with instructions) in printer- ready form by download.’’ INCLUSION OF DENTAL CARE Pub. L. 108–375, div. A, title VII, § 740, as added by Pub. L. 109–163, div. A, title VII, § 745(a), Jan. 6, 2006, 119 Stat. 3362, provided that: ‘‘For purposes of the plan, this subtitle [subtitle D (§§ 731–740) of title VII of div. A of Pub. L. 108–375, enacting sections 1073b and 1092a of this title and enacting provisions set out as notes under this section and sections 1073b, 1074f, and 1092a of this title], and the amendments made by this subtitle, references to medical readiness, health status, and health care shall be considered to include dental readi- ness, dental status, and dental care.’’ LIMITATION ON FISCAL YEAR 2004 OUTLAYS FOR TEMPORARY RESERVE HEALTH CARE PROGRAMS Pub. L. 108–136, div. A, title VII, § 706, Nov. 24, 2003, 117 Stat. 1529, as amended by Pub. L. 110–181, div. A, title X, § 1063(g)(1), Jan. 28, 2008, 122 Stat. 323, limited fiscal year 2004 expenditures for the administration of the temporary Reserve health care programs to $400,000,000. DISCLOSURE OF INFORMATION ON PROJECT 112 TO DEPARTMENT OF VETERANS AFFAIRS Pub. L. 107–314, div. A, title VII, § 709, Dec. 2, 2002, 116 Stat. 2586, directed the Secretary of Defense to submit to Congress and the Secretary of Veterans Affairs a plan for the review, declassification, and submittal to the Department of Veterans Affairs of all records and information on Project 112, a chemical and biological weapons vulnerability-testing program, relevant to the provision of benefits to members of the Armed Forces who participated in that project; provided that the plan was to be completed no later than one year after Dec. 2, 2002; and required implementation reports to Con- gress and the Secretary of Veterans Affairs. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES FOR ACTIVE DUTY MEMBERS STATIONED AT CERTAIN REMOTE LOCATIONS Pub. L. 106–65, div. A, title VII, § 706, Oct. 5, 1999, 113 Stat. 684, as amended by Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–185, provided that: ‘‘(a) AUTHORITY.—Health care may be furnished by a designated provider pursuant to any contract entered into by the designated provider under section 722(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) to eligible members who reside within the service area of the des- ignated provider. ‘‘(b) ELIGIBILITY.—A member of the uniformed serv- ices (as defined in section 1072(1) of title 10, United States Code) is eligible for health care under subsection (a) if the member is a member described in section 731(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811; 10 U.S.C. 1074 note). ‘‘(c) APPLICABLE POLICIES.—In furnishing health care to an eligible member under subsection (a), a des- ignated provider shall adhere to the Department of De- fense policies applicable to the furnishing of care under the TRICARE Prime Remote program, including co- ordinating with uniformed services medical authorities for hospitalizations and all referrals for specialty care. ‘‘(d) REIMBURSEMENT RATES.—The Secretary of De- fense, in consultation with the designated providers, shall prescribe reimbursement rates for care furnished to eligible members under subsection (a). The rates pre- scribed for health care may not exceed the amounts al- lowable under the TRICARE Standard plan for the same care.’’ TEMPORARY AUTHORITY FOR MANAGED CARE EXPANSION TO MEMBERS ON ACTIVE DUTY AT CERTAIN REMOTE LOCATIONS; ‘‘TRICARE PROGRAM’’ AND ‘‘TRICARE PRIME PLAN’’ DEFINED Pub. L. 105–85, div. A, title VII, § 731(b)–(f), Nov. 18, 1997, 111 Stat. 1811, 1812, as amended by Pub. L. 106–398, § 1 [[div. A], title VII, § 722(a)(2), (b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–185, 1654A–186, provided that: ‘‘(b) TEMPORARY AUTHORITY FOR MANAGED CARE EX- PANSION TO MEMBERS ON ACTIVE DUTY AT CERTAIN RE- MOTE LOCATIONS.—(1) A member of the uniformed serv- ices described in subsection (c) is entitled to receive care under the Civilian Health and Medical Program of the Uniformed Services. In connection with such care, the Secretary of Defense shall waive the obligation of the member to pay a deductible, copayment, or annual fee that would otherwise be applicable under that pro- gram for care provided to the members under the pro- gram. A dependent of the member, as described in sub- paragraph (A), (D), or (I) of section 1072(2) of title 10, United States Code, who is residing with the member shall have the same entitlement to care and to waiver of charges as the member. ‘‘(2) A member or dependent of the member, as the case may be, who is entitled under paragraph (1) to re- ceive health care services under CHAMPUS shall re- ceive such care from a network provider under the TRICARE program if such a provider is available in the service area of the member. ‘‘(3) Paragraph (1) shall take effect on the date of the enactment of this Act [Nov. 18, 1997] and shall expire with respect to a member upon the later of the fol- lowing: Page 1044 TITLE 10—ARMED FORCES § 1074 ‘‘(A) The date that is one year after the date of the enactment of this Act. ‘‘(B) The date on which the amendments made by subsection (a) [amending this section] apply with re- spect to the coverage of medical care for, and provi- sion of such care to, the member. ‘‘(4) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection. ‘‘(c) ELIGIBLE MEMBERS.—A member referred to in subsection (b) is a member of the uniformed services on active duty who— ‘‘(1) receives a duty assignment described in sub- section (d); and ‘‘(2) pursuant to the assignment of such duty, re- sides at a location that is more than 50 miles, or ap- proximately one hour of driving time, from— ‘‘(A) the nearest health care facility of the uni- formed services adequate to provide the needed care under chapter 55 of title 10, United States Code; and ‘‘(B) the nearest source of the needed care that is available to the member under the TRICARE Prime plan. ‘‘(d) DUTY ASSIGNMENTS COVERED.—A duty assign- ment referred to in subsection (c)(1) means any of the following: ‘‘(1) Permanent duty as a recruiter. ‘‘(2) Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a pro- gram of instruction for the Reserve Officers’ Training Corps. ‘‘(3) Permanent duty as a full-time adviser to a unit of a reserve component of the uniformed services. ‘‘(4) Any other permanent duty designated by the Secretary concerned for purposes of this subsection. ‘‘(e) PAYMENT OF COSTS.—Deductibles, copayments, and annual fees not payable by a member by reason of a waiver granted under the regulations prescribed pur- suant to subsection (b) shall be paid out of funds avail- able to the Department of Defense for the Defense Health Program. ‘‘(f) DEFINITIONS.—In this section [amending this sec- tion and enacting provisions set out as a note above]: ‘‘(1) The term ‘TRICARE program’ has the meaning given that term in section 1072(7) of title 10, United States Code. ‘‘(2) The term ‘TRICARE Prime plan’ means a plan under the TRICARE program that provides for the voluntary enrollment of persons for the receipt of health care services to be furnished in a manner simi- lar to the manner in which health care services are furnished by health maintenance organizations. ‘‘(3) The terms ‘uniformed services’ and ‘admin- istering Secretaries’ have the meanings given those terms in section 1072 of title 10, United States Code.’’ [Pub. L. 106–398, § 1 [[div. A], title VII, § 722(c)(2), (3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–186, provided that: [‘‘(2) The amendments made by subsection (a)(2) [amending section 731(b)–(f) of Pub. L. 105–85, set out above], with respect to members of the uniformed serv- ices, and the amendments made by subsection (b)(2) [amending section 731(b)–(f) of Pub. L. 105–85, set out above], with respect to dependents of members, shall take effect on the date of the enactment of this Act [Oct. 30, 2000] and shall expire with respect to a member or the dependents of a member, respectively, on the later of the following: [‘‘(A) The date that is one year after the date of the enactment of this Act. [‘‘(B) The date on which the policies required by the amendments made by subsection (a)(1) or (b)(1) [amending this section and section 1079 of this title] are implemented with respect to the coverage of med- ical care for and provision of such care to the member or dependents, respectively. [‘‘(3) Section 731(b)(3) of Public Law 105–85 [set out above] does not apply to a member of the Coast Guard, the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Serv- ice, or to a dependent of a member of a uniformed serv- ice.’’] INDEPENDENT RESEARCH REGARDING GULF WAR SYNDROME Pub. L. 104–201, div. A, title VII, § 743, Sept. 23, 1996, 110 Stat. 2601, directed the Secretary of Defense to pro- vide for scientific research by independent entities on possible causal relationships between Gulf War syn- drome and possible exposures of military personnel to chemical warfare agents or other hazardous materials during Gulf War service and use of inoculations and in- vestigational new drugs. PERSIAN GULF ILLNESS Pub. L. 105–85, div. A, title VII, §§ 761, 762, 770, Nov. 18, 1997, 111 Stat. 1824, 1829, provided that: ‘‘SEC. 761. DEFINITIONS. ‘‘For purposes of this subtitle [subtitle F (§§ 761–771) of title VII of Pub. L. 105–85, enacting sections 1074e, 1074f, and 1107 of this title and this note]: ‘‘(1) The term ‘Gulf War illness’ means any one of the complex of illnesses and symptoms that might have been contracted by members of the Armed Forces as a result of service in the Southwest Asia theater of operations during the Persian Gulf War. ‘‘(2) The term ‘Persian Gulf War’ has the meaning given that term in section 101 of title 38, United States Code. ‘‘(3) The term ‘Persian Gulf veteran’ means an indi- vidual who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War. ‘‘(4) The term ‘contingency operation’ has the meaning given that term in section 101(a) of title 10, United States Code, and includes a humanitarian op- eration, peacekeeping operation, or similar oper- ation. ‘‘SEC. 762. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF VETERANS. ‘‘(a) PLAN REQUIRED.—The Secretary of Defense and the Secretary of Veterans Affairs, acting jointly, shall prepare a plan to provide appropriate health care to Persian Gulf veterans (and dependents eligible by law) who suffer from a Gulf War illness. ‘‘(b) CONTENTS OF PLAN.—In preparing the plan, the Secretaries shall— ‘‘(1) use the presumptions of service connection and illness specified in paragraphs (1) and (2) of section 721(d) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1074 note) to determine the Persian Gulf veterans (and de- pendents eligible by law) who should be covered by the plan; ‘‘(2) consider the need and methods available to pro- vide health care services to Persian Gulf veterans who are no longer on active duty in the Armed Forces, such as Persian Gulf veterans who are mem- bers of the reserve components and Persian Gulf vet- erans who have been separated from the Armed Forces; and ‘‘(3) estimate the costs to the Government of pro- viding full or partial health care services under the plan to covered Persian Gulf veterans (and covered dependents eligible by law). ‘‘(c) FOLLOW-UP TREATMENT.—The plan required by subsection (a) shall specifically address the measures to be used to monitor the quality, appropriateness, and effectiveness of, and patient satisfaction with, health care services provided to Persian Gulf veterans after their initial medical examination as part of registra- tion in the Persian Gulf War Veterans Health Registry or the Comprehensive Clinical Evaluation Program. ‘‘(d) SUBMISSION OF PLAN.—Not later than March 1, 1998, the Secretaries shall submit to Congress the plan required by subsection (a). ‘‘SEC. 770. PERSIAN GULF ILLNESS CLINICAL TRIALS PROGRAM. ‘‘(a) FINDINGS.—Congress finds the following: Page 1045 TITLE 10—ARMED FORCES § 1074 ‘‘(1) There are many ongoing studies that inves- tigate risk factors which may be associated with the health problems experienced by Persian Gulf vet- erans; however, there have been no studies that ex- amine health outcomes and the effectiveness of the treatment received by such veterans. ‘‘(2) The medical literature and testimony pre- sented in hearings on Gulf War illnesses indicate that there are therapies, such as cognitive behavioral therapy, that have been effective in treating patients with symptoms similar to those seen in many Persian Gulf veterans. ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense and the Secretary of Veterans Affairs, acting jointly, shall establish a program of cooperative clin- ical trials at multiple sites to assess the effectiveness of protocols for treating Persian Gulf veterans who suf- fer from ill-defined or undiagnosed conditions. Such protocols shall include a multidisciplinary treatment model, of which cognitive behavioral therapy is a com- ponent. ‘‘(c) FUNDING.—Of the funds authorized to be appro- priated in section 201(1) [111 Stat. 1655] for research, de- velopment, test, and evaluation for the Army, the sum of $4,500,000 shall be available for program element 62787A (medical technology) in the budget of the De- partment of Defense for fiscal year 1998 to carry out the clinical trials program established pursuant to sub- section (b).’’ Pub. L. 103–337, div. A, title VII, §§ 721, 722, Oct. 5, 1994, 108 Stat. 2804, 2807, as amended by Pub. L. 104–106, div. A, title XV, § 1504(a)(4), (5), Feb. 10, 1996, 110 Stat. 513; Pub. L. 108–136, div. A, title X, § 1031(e), Nov. 24, 2003, 117 Stat. 1604, provided that: ‘‘SEC. 721. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS. ‘‘(a) OUTREACH PROGRAM TO PERSIAN GULF VETERANS AND FAMILIES.—The Secretary of Defense shall insti- tute a comprehensive outreach program to inform members of the Armed Forces who served in the South- west Asia theater of operations during the Persian Gulf Conflict, and the families of such members, of illnesses that may result from such service. The program shall be carried out through both medical and command channels, as well as any other means the Secretary considers appropriate. Under the program, the Sec- retary shall— ‘‘(1) inform such individuals regarding— ‘‘(A) common disease symptoms reported by Per- sian Gulf veterans that may be due to service in the Southwest Asia theater of operations; ‘‘(B) blood donation policy; ‘‘(C) available counseling and medical care for such members; and ‘‘(D) possible health risks to children of Persian Gulf veterans; ‘‘(2) inform such individuals of the procedures for registering in either the Persian Gulf Veterans Health Surveillance System of the Department of De- fense or the Persian Gulf War Health Registry of the Department of Veterans Affairs; and ‘‘(3) encourage such members to report any symp- toms they may have and to register in the appro- priate health surveillance registry. ‘‘(b) INCENTIVES TO PERSIAN GULF VETERANS TO REG- ISTER.—In order to encourage Persian Gulf veterans to register any symptoms they may have in one of the ex- isting health registries, the Secretary of Defense shall provide the following: ‘‘(1) For any Persian Gulf veteran who is on active duty and who registers with the Department of De- fense’s Persian Gulf War Veterans Health Surveil- lance System, a full medical evaluation and any re- quired medical care. ‘‘(2) For any Persian Gulf War veteran who is, as of the date of the enactment of this Act [Oct. 5, 1994], a member of a reserve component, opportunity to reg- ister at a military medical facility in the Persian Gulf Veterans Health Care Surveillance System and, in the case of a Reserve who registers in that reg- istry, a full medical evaluation by the Department of Defense. Depending on the results of the evaluation and on eligibility status, reserve personnel may be provided medical care by the Department of Defense. ‘‘(3) For a Persian Gulf veteran who is not, as of the date of the enactment of this Act [Oct. 5, 1994], on ac- tive duty or a member of a reserve component, assist- ance and information at a military medical facility on registering with the Persian Gulf War Registry of the Department of Veterans Affairs and information related to support services provided by the Depart- ment of Veterans Affairs. ‘‘(c) COMPATIBILITY OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS REGISTRIES.—The Secretary of Defense shall take appropriate actions to ensure— ‘‘(1) that the data collected by and the testing pro- tocols of the Persian Gulf War Health Surveillance System maintained by the Department of Defense are compatible with the data collected by and the testing protocols of the Persian Gulf War Veterans Health Registry maintained by the Department of Veterans Affairs; and ‘‘(2) that all information on individuals who reg- ister with the Department of Defense for purposes of the Persian Gulf War Health Surveillance System is provided to the Secretary of Veterans Affairs for in- corporation into the Persian Gulf War Veterans Health Registry. ‘‘(d) PRESUMPTIONS ON BEHALF OF SERVICE MEMBER.— (1) A member of the Armed Forces who is a Persian Gulf veteran, who has symptoms of illness, and who the Secretary concerned finds may have become ill as a re- sult of serving on active duty in the Southwest Asia theater of operations during the Persian Gulf War shall be considered for Department of Defense purposes to have become ill as a result of serving in that theater of operations. ‘‘(2) A member of the Armed Forces who is a Persian Gulf veteran and who reports being ill as a result of serving on active duty in the Southwest Asia theater of operations during the Persian Gulf War shall be consid- ered for Department of Defense purposes to have be- come ill as a result of serving in that theater of oper- ations until such time as the weight of medical evi- dence establishes other cause or causes of the member’s illness. ‘‘(3) The Secretary concerned shall ensure that, for the purposes of health care treatment by the Depart- ment of Defense, health care and personnel administra- tion, and disability evaluation by the Department of Defense, the symptoms of any member of the Armed Forces covered by paragraph (1) or (2) are examined in light of the member’s service in the Persian Gulf War and in light of the reported symptoms of other Persian Gulf veterans. The Secretary shall ensure that, in pro- viding health care diagnosis and treatment of the mem- ber, a broad range of potential causes of the member’s symptoms are considered and that the member’s symp- toms are considered collectively, as well as by type of symptom or medical specialty, and that treatment across medical specialties is coordinated appropriately. ‘‘(4) The Secretary of Defense shall ensure that the presumptions of service connection and illness specified in paragraphs (1) and (2) are incorporated in appro- priate service medical and personnel regulations and are widely disseminated throughout the Department of Defense. ‘‘(e) REVISION OF THE PHYSICAL EVALUATION BOARD CRITERIA.—(1) The Secretary of Defense, in consulta- tion with the Secretary of Veterans Affairs and the Secretary of Health and Human Services, shall ensure that case definitions of Persian Gulf related illnesses, as well as the Physical Evaluation Board criteria used to set disability ratings for members no longer medi- cally qualified for continuation on active duty, are es- tablished as soon as possible to permit accurate dis- ability ratings related to a diagnosis of Persian Gulf illnesses. Page 1046 TITLE 10—ARMED FORCES § 1074 ‘‘(2) Until revised disability criteria can be imple- mented and members of the Armed Forces can be rated against those criteria, the Secretary of Defense shall ensure— ‘‘(A) that any member of the Armed Forces on ac- tive duty who may be suffering from a Persian Gulf- related illness is afforded continued military medical care; and ‘‘(B) that any member of the Armed Forces on ac- tive duty who is found by a Physical Evaluation Board to be unfit for continuation on active duty as a result of a Persian Gulf-related illness for which the board has no rating criteria (or inadequate rating cri- teria) for the illness or condition from which the member suffers is placed on the temporary disability retired list. ‘‘(f) REVIEW OF RECORDS AND RERATING OF PREVIOUSLY DISCHARGED GULF WAR VETERANS.—(1) The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall ensure that a review is made of the health and personnel records of each Persian Gulf veteran who before the date of the enactment of this Act [Oct. 5, 1994] was discharged from active duty, or was medically retired, as a result of a Physical Evaluation Board process. ‘‘(2) The review under paragraph (1) shall be carried out to ensure that former Persian Gulf veterans who may have been suffering from a Persian Gulf-related illness at the time of discharge or retirement from ac- tive duty as a result of the Physical Evaluation Board process are reevaluated in accordance with the criteria established under subsection (e)(1) and, if appropriate, are rerated. ‘‘(g) PERSIAN GULF ILLNESS MEDICAL REFERRAL CEN- TERS.—The Secretary of Defense shall evaluate the fea- sibility of establishing one or more medical referral centers to provide uniform, coordinated medical care for Persian Gulf veterans on active duty who are or may be suffering from a Persian Gulf-related illness. The Secretary shall submit a report on such feasibility to the Committees on Armed Services of the Senate and House of Representatives not later than six months after the date of the enactment of this Act [Oct. 5, 1994]. ‘‘[(h) Repealed. Pub. L. 108–136, div. A, title X, § 1031(e), Nov. 24, 2003, 117 Stat. 1604.] ‘‘(i) PERSIAN GULF VETERAN.—For purposes of this section, a Persian Gulf veteran is an individual who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Per- sian Gulf Conflict. ‘‘SEC. 722. STUDIES OF HEALTH CONSEQUENCES OF MILITARY SERVICE OR EMPLOYMENT IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR. ‘‘(a) IN GENERAL.—The Secretary of Defense, in co- ordination with the Secretary of Veterans Affairs and the Secretary of Health and Human Services, shall con- duct studies and administer grants for studies to deter- mine— ‘‘(1) the nature and causes of illnesses suffered by individuals as a consequence of service or employ- ment by the United States in the Southwest Asia the- ater of operations during the Persian Gulf War; and ‘‘(2) the appropriate treatment for those illnesses. ‘‘(b) NATURE OF THE STUDIES.—(1) Studies under sub- section (a)— ‘‘(A) shall include consideration of the range of po- tential exposure of individuals to environmental, bat- tlefield, and other conditions incident to service in the theater; ‘‘(B) shall be conducted so as to provide assess- ments of both short-term and long-term effects to the health of individuals as a result of those exposures; and ‘‘(C) shall include, at a minimum, the following types of studies: ‘‘(i) An epidemiological study or studies on the incidence, prevalence, and nature of the illness and symptoms and the risk factors associated with symptoms or illnesses. ‘‘(ii) Studies to determine the health con- sequences of the use of pyridostigmine bromide as a pretreatment antidote enhancer during the Per- sian Gulf War, alone or in combination with expo- sure to pesticides, environmental toxins, and other hazardous substances. ‘‘(iii) Clinical research and other studies on the causes, possible transmission, and treatment of Persian Gulf-related illnesses. ‘‘(2)(A) The first project carried out under paragraph (1)(C)(ii) shall be a retrospective study of members of the Armed Forces who served in the Southwest Asia theater of operations during the Persian Gulf War. ‘‘(B) The second project carried out under paragraph (1)(C)(ii) shall consist of animal research and non- animal research, including in vitro systems, as re- quired, designed to determine whether the use of pyridostigmine bromide in combination with exposure to pesticides or other organophosphates, carbamates, or relevant chemicals will result in increased toxicity in animals and is likely to have a similar effect on hu- mans. ‘‘(c) INDIVIDUALS COVERED BY THE STUDIES.—Studies conducted pursuant to subsections [sic] (a) shall apply to the following individuals: ‘‘(1) Individuals who served as members of the Armed Forces in the Southwest Asia theater of oper- ations during the Persian Gulf War. ‘‘(2) Individuals who were civilian employees of the Department of Defense in that theater during that period. ‘‘(3) To the extent appropriate, individuals who were employees of contractors of the Department of Defense in that theater during that period. ‘‘(4) To the extent appropriate, the spouses and children of individuals described in paragraph (1). ‘‘(d) PLAN FOR THE STUDIES.—(1) The Secretary of De- fense shall prepare a coordinated plan for the studies to be conducted pursuant to subsection (a). The plan shall include plans and requirements for research grants in support of the studies. The Secretary shall submit the plan to the National Academy of Sciences for review and comment. ‘‘(2) The plan for studies pursuant to subsection (a) shall be updated annually. The Secretary of Defense shall request an annual review by the National Acad- emy of Sciences of the updated plan and study progress and results achieved during the preceding year. ‘‘(3) The plan, and annual updates to the plan, shall be prepared in coordination with the Secretary of Vet- erans Affairs and the Secretary of Health and Human Services. ‘‘(e) FUNDING.—(1) From the amount authorized to be appropriated pursuant to section 201 [108 Stat. 2690] for Defense-wide activities, the Secretary of Defense shall make available such funds as the Secretary considers necessary to support the studies conducted pursuant to subsection (a). ‘‘(2) For each year in which activities continue in support of the studies conducted pursuant to sub- section (a), the Secretary of Defense shall include in the budget request for the Department of Defense a re- quest for such funds as the Secretary determines nec- essary to continue the activities during that fiscal year. ‘‘(f) REPORTS.—(1) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress the co- ordinated plan for the studies to be conducted pursuant to subsection (a) and the results of the review of that plan by the National Academy of Sciences. ‘‘(2) Not later than October 1 of each year through 1998, the Secretary shall submit to Congress a report on the results of the studies conducted pursuant to sub- section (a), plans for continuation of the studies, and the results of the annual review of the studies by the National Academy of Sciences. ‘‘(3) Each report under this section shall be prepared in coordination with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. Page 1047 TITLE 10—ARMED FORCES § 1074 ‘‘(g) DEFINITION.—In this section, the term ‘Persian Gulf War’ has the meaning given such term in section 101 of title 38, United States Code.’’ [For provisions establishing the Persian Gulf War Veterans Health Registry, provisions requiring a study by the Office of Technology Assessment of the Persian Gulf Registry and the Persian Gulf War Veterans Health Registry, provisions relating to an agreement with the National Academy of Sciences for review of health consequences of service during the Persian Gulf War, and coordination of government activities on health-related research on the Persian Gulf War, see title VII of Pub. L. 102–585, set out as a note under sec- tion 527 of Title 38, Veterans’ Benefits.] FUNDING OF FISHER HOUSES ASSOCIATED WITH ARMY MEDICAL TREATMENT FACILITIES Pub. L. 103–335, title VIII, § 8017, Sept. 30, 1994, 108 Stat. 2620, which provided that during fiscal year 1995 and thereafter, proceeds from investment of Fisher House Investment Trust Fund were to be used to sup- port operation and maintenance of Fisher Houses asso- ciated with Army medical treatment facilities, was re- pealed and restated in section 2221(c)(1) of this title by Pub. L. 104–106, div. A, title IX, § 914(a)(1), (d)(4), Feb. 10, 1996, 110 Stat. 412, 413. MENTAL HEALTH EVALUATIONS OF MEMBERS OF ARMED FORCES Pub. L. 102–484, div. A, title V, § 546(a)–(h), Oct. 23, 1992, 106 Stat. 2416–2419, which directed Secretary of De- fense, not later than 180 days after Oct. 23, 1992, to re- vise applicable regulations to incorporate certain re- quirements with respect to mental health evaluations of members of Armed Forces and to submit a report de- scribing process of preparing regulations, was repealed by Pub. L. 112–81, div. A, title VII, § 711(b), Dec. 31, 2011, 125 Stat. 1476. STUDY ON RISK-SHARING CONTRACTS FOR HEALTH CARE Pub. L. 102–484, div. A, title VII, § 725, Oct. 23, 1992, 106 Stat. 2440, directed Secretary of Defense, in consulta- tion with Secretary of Health and Human Services, not later than 18 months after Oct. 23, 1992, to carry out a study of the feasibility and advisability of entering into risk-sharing contracts with eligible organizations described in 42 U.S.C. 1395mm(b) to furnish health care services to persons entitled to health care in a facility of a uniformed service under section 1074(b) or 1076(b) of this title, to develop a plan for the entry into contracts in accordance with the Secretary’s determinations under the study, and to submit to Congress a report de- scribing the results of the study and containing any plan developed. REGISTRY OF MEMBERS OF ARMED FORCES SERVING IN OPERATION DESERT STORM Pub. L. 102–190, div. A, title VII, § 734, Dec. 5, 1991, 105 Stat. 1411, as amended by Pub. L. 102–585, title VII, § 704, Nov. 4, 1992, 106 Stat. 4977; Pub. L. 108–136, div. A, title X, § 1031(c)(1), Nov. 24, 2003, 117 Stat. 1604, provided that: ‘‘(a) ESTABLISHMENT OF REGISTRY.—The Secretary of Defense shall establish and maintain a special record (in this section referred to as the ‘Registry’) relating to the following members of the Armed Forces: ‘‘(1) Members who, as determined by the Secretary, were exposed to the fumes of burning oil in the Oper- ation Desert Storm theater of operations during the Persian Gulf conflict. ‘‘(2) Any other members who served in the Oper- ation Desert Storm theater of operations during the Persian Gulf conflict. ‘‘(b) CONTENTS OF REGISTRY.—(1) The Registry shall include— ‘‘(A) with respect to each class of members referred to in each of paragraphs (1) and (2) of subsection (a)— ‘‘(i) a list containing each such member’s name and other relevant identifying information with re- spect to the member; and ‘‘(ii) to the extent that data are available and in- clusion of the data is feasible, a description of the circumstances of the member’s service during the Persian Gulf conflict, including the locations in the Operation Desert Storm theater of operations in which such service occurred and the atmospheric and other environmental circumstances in such lo- cations at the time of such service; and ‘‘(B) with respect to the members referred to in sub- section (a)(1), a description of the circumstances of each exposure of each such member to the fumes of burning oil as described in such subsection (a)(1), in- cluding the length of time of the exposure. ‘‘(2) The Secretary shall establish the Registry with the advice of an independent scientific organization. ‘‘[(c) Repealed. Pub. L. 108–136, div. A, title X, § 1031(c)(1), Nov. 24, 2003, 117 Stat. 1604.] ‘‘(d) MEDICAL EXAMINATION.—Upon the request of any member listed in the Registry pursuant to subsection (a)(1), the Secretary of the military department con- cerned shall, if medically appropriate, furnish a pul- monary function examination and chest x-ray to such person. ‘‘(e) EFFECTIVE DATE.—The Secretary shall establish the Registry not later than 180 days after the date of the enactment of this Act [Dec. 5, 1991]. ‘‘(f) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘Operation Desert Storm’ has the meaning given such term in section 3(1) of the Per- sian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102–25; 105 Stat. 77; 10 U.S.C. 101 note). ‘‘(2) The term ‘Persian Gulf conflict’ has the mean- ing given such term in section 3(3) of such Act.’’ [For provisions relating to the Persian Gulf War Vet- erans Health Registry, see title VII of Pub. L. 102–585, set out as a note under section 527 of Title 38, Veterans’ Benefits.] ADVISORY COMMITTEE ON MENTAL HEALTH EVALUATION PROTECTIONS Pub. L. 101–510, div. A, title V, § 554, Nov. 5, 1990, 104 Stat. 1567, as amended by Pub. L. 102–484, div. A, title V, § 546(j)[(i)], Oct. 23, 1992, 106 Stat. 2419, directed Sec- retary of Defense, not later than 60 days after Nov. 5, 1990, to establish an advisory committee to develop and recommend to the Secretary, not later than 6 months after Nov. 5, 1990, regulations on procedural protections that should be afforded to any member of the Armed Forces who is referred by a commanding officer for a mental health evaluation by a mental health profes- sional and directed Secretary, not later than 30 days after receipt of the report, to submit to Congress the report of the advisory committee, along with such addi- tional comments and recommendations by the Sec- retary as the Secretary considers appropriate. PROHIBITION ON FEE FOR OUTPATIENT CARE AT MILITARY MEDICAL TREATMENT FACILITIES Pub. L. 101–189, div. A, title VII, § 721, Nov. 29, 1989, 103 Stat. 1477, provided that during fiscal years 1990 and 1991, the Secretary of Defense could not impose a charge for the receipt of outpatient medical or dental care at a military medical treatment facility. Similar provisions were contained in the following prior au- thorization act: Pub. L. 100–180, div. A, title VII, § 722, Dec. 4, 1987, 101 Stat. 1116. RESTRICTION ON USE OF INFORMATION OBTAINED DUR- ING CERTAIN EPIDEMIOLOGIC-ASSESSMENT INTERVIEWS Pub. L. 99–661, div. A, title VII, § 705(c), Nov. 14, 1986, 100 Stat. 3904, provided that: ‘‘(1) Information obtained by the Department of De- fense during or as a result of an epidemiologic-assess- ment interview with a serum-positive member of the Armed Forces may not be used to support any adverse personnel action against the member. ‘‘(2) For purposes of paragraph (1): Page 1048 TITLE 10—ARMED FORCES § 1074a ‘‘(A) The term ‘epidemiologic-assessment interview’ means questioning of a serum-positive member of the Armed Forces for purposes of medical treatment or counseling or for epidemiologic or statistical pur- poses. ‘‘(B) The term ‘serum-positive member of the Armed Forces’ means a member of the Armed Forces who has been identified as having been exposed to a virus associated with the acquired immune deficiency syndrome. ‘‘(C) The term ‘adverse personnel action’ includes— ‘‘(i) a court-martial; ‘‘(ii) non-judicial punishment; ‘‘(iii) involuntary separation (other than for med- ical reasons); ‘‘(iv) administrative or punitive reduction in grade; ‘‘(v) denial of promotion; ‘‘(vi) an unfavorable entry in a personnel record; ‘‘(vii) a bar to reenlistment; and ‘‘(viii) any other action considered by the Sec- retary concerned to be an adverse personnel ac- tion.’’ STUDY OF MEDICAL NEEDS OF ARMED FORCES; REPORT TO PRESIDENT AND CONGRESS Pub. L. 92–129, title I, § 101(c), Sept. 28, 1971, 85 Stat. 354, authorized Secretary of Defense and Secretary of Health, Education, and Welfare to conduct a joint study of means of meeting medical needs of Armed Forces through means requiring less dependence on Armed Forces medical personnel, giving consideration to providing medical care for military personnel and their dependents under contracts with clinics, hos- pitals, and individual members of the medical profes- sion at or near military installations within and out- side the United States. The study and recommenda- tions were to be submitted to President and Congress no later than 6 months after Sept. 28, 1971. Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (b) to approve uniform rates of reimbursement for care provided in fa- cilities operated by Secretary of Veterans Affairs dele- gated to Secretary of Veterans Affairs, see section 7(a) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. EXECUTIVE ORDER NO. 13075 Ex. Ord. No. 13075, Feb. 19, 1997, 63 F.R. 9085, which es- tablished the Special Oversight Board for Department of Defense Investigations of Gulf War Chemical and Bi- ological Incidents, was revoked by Ex. Ord. No. 13225, § 3(e), Sept. 28, 2001, 66 F.R. 50292. § 1074a. Medical and dental care: members on duty other than active duty for a period of more than 30 days (a) Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in sub- section (b): (1) Each member of a uniformed service who incurs or aggravates an injury, illness, or dis- ease in the line of duty while performing— (A) active duty for a period of 30 days or less; (B) inactive-duty training; or (C) service on funeral honors duty under section 12503 of this title or section 115 of title 32. (2) Each member of a uniformed service who incurs or aggravates an injury, illness, or dis- ease while traveling directly to or from the place at which that member is to perform or has performed— (A) active duty for a period of 30 days or less; (B) inactive-duty training; or (C) service on funeral honors duty under section 12503 of this title or section 115 of title 32. (3) Each member of the armed forces who in- curs or aggravates an injury, illness, or dis- ease in the line of duty while remaining over- night immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inac- tive-duty training, at or in the vicinity of the site of the inactive-duty training. (4) Each member of the armed forces who in- curs or aggravates an injury, illness, or dis- ease in the line of duty while remaining over- night immediately before serving on funeral honors duty under section 12503 of this title or section 115 of title 32 at or in the vicinity of the place at which the member was to so serve, if the place is outside reasonable com- muting distance from the member’s residence. (b) A person described in subsection (a) is enti- tled to— (1) the medical and dental care appropriate for the treatment of the injury, illness, or dis- ease of that person until the resulting dis- ability cannot be materially improved by fur- ther hospitalization or treatment; and (2) subsistence during hospitalization. (c) A member is not entitled to benefits under subsection (b) if the injury, illness, or disease, or aggravation of an injury, illness, or disease de- scribed in subsection (a)(2), is the result of the gross negligence or misconduct of the member. (d)(1) The Secretary concerned shall provide to members of the Selected Reserve who are as- signed to units scheduled for deployment within 75 days after mobilization the following medical and dental services: (A) An annual medical screening. (B) For members who are over 40 years of age, a full physical examination not less often than once every two years. (C) An annual dental screening. (D) The dental care identified in an annual dental screening as required to ensure that a member meets the dental standards required for deployment in the event of mobilization. (2) The services provided under this subsection shall be provided at no cost to the member. (e)(1) A member of a uniformed service on ac- tive duty for health care or recuperation rea- sons, as described in paragraph (2), is entitled to medical and dental care on the same basis and to the same extent as members covered by sec- tion 1074(a) of this title while the member re- mains on active duty. (2) Paragraph (1) applies to a member de- scribed in paragraph (1) or (2) of subsection (a) who, while being treated for (or recovering from) an injury, illness, or disease incurred or aggra- vated in the line of duty, is continued on active duty pursuant to a modification or extension of orders, or is ordered to active duty, so as to re- sult in active duty for a period of more than 30 days.