10 U.S.C. § 1074b — Medical and dental care: Academy cadets

Page 1050 TITLE 10—ARMED FORCES § 1074b ‘‘(2) Each member of the National Guard who con- tracts a disease or becomes ill in line of duty while on full-time National Guard duty, or while traveling to or from that duty. ‘‘(3) Each member of a uniformed service who con- tracts a disease or becomes ill in line of duty while on inactive duty training under circumstances in which it is determined that the disease or illness was contracted or aggravated as an incident of that inac- tive duty training. ‘‘(4) Each member of a uniformed service who in- curs or aggravates an injury while traveling directly to or from the place at which he is to perform, or has performed, inactive duty training, unless the injury is incurred or aggravated as a result of the member’s own gross negligence or misconduct. ‘‘(b) A person described in subsection (a) is entitled to— ‘‘(1) the medical and dental care appropriate for the treatment of his injury, disease, or illness until the resulting disability cannot be materially improved by further hospitalization or treatment; and ‘‘(2) subsistence during hospitalization.’’ 1985—Subsec. (a). Pub. L. 99–145 substituted reference to the administering Secretaries, for references to Sec- retaries of Defense, Transportation, and Health and Human Services. 1984—Pub. L. 98–525 substituted ‘‘Medical and dental care: members on duty other than active duty; injuries, diseases and illnesses incident to duty’’ for ‘‘Medical and dental care for members of the uniformed services for injuries incurred or aggravated while traveling to and from inactive duty training’’ in section catchline. Subsec. (a). Pub. L. 98–557, which directed the amend- ment of subsec. (a) by substituting ‘‘administering Sec- retaries’’ for ‘‘Secretary of Defense and the Secretary of Health and Human Services’’, could not be executed in view of the prior amendment by Pub. L. 98–525. Pub. L. 98–525 amended subsec. (a) generally, thereby authorizing the Secretary of Transportation to partici- pate in issuance of joint regulations, adding pars. (1) to (3), and incorporating existing provisions in par. (4). Subsec. (b). Pub. L. 98–525 amended subsec. (b) gen- erally, thereby including treatment of diseases or ill- nesses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title VI, § 604(g), Nov. 14, 1986, 100 Stat. 3878, provided that: ‘‘The amendments made by this section [amending this section, sections 1076, 1086, 1204–1206, 1475, 1476, 1481, 3723, and 8723 of this title, and sections 204 and 206 of Title 37, Pay and Allowances of the Uniformed Services and repealing sections 3687, 3721, 3722, 6148, 8687, 8721, and 8722 of this title and sec- tions 318–321 of Title 32, National Guard] shall apply with respect to persons who, after the date of enact- ment of this Act [Nov. 14, 1986], incur or aggravate an injury, illness, or disease or die.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title VI, § 631(c), Oct. 19, 1984, 98 Stat. 2543, provided that: ‘‘The amendments made by this section [amending this section and section 6148 of this title] shall apply only with respect to injuries incurred or aggravated and diseases or illnesses contracted or aggravated after September 30, 1984.’’ EFFECTIVE DATE Pub. L. 98–94, title X, § 1012(c), Sept. 24, 1983, 97 Stat. 665, provided that: ‘‘The amendments made by sub- sections (a) and (b) [enacting this section and amending section 204 of Title 37, Pay and Allowances of the Uni- formed Services] shall apply only in cases of injuries incurred or aggravated on or after the date of the en- actment of this Act [Sept. 24, 1983].’’ § 1074b. Medical and dental care: Academy cadets and midshipmen; members of, and des- ignated applicants for membership in, Senior ROTC (a) ELIGIBILITY.—Under joint regulations pre- scribed by the administering Secretaries, the following persons are, except as provided in sub- section (c), entitled to the benefits described in subsection (b): (1) A cadet at the United States Military Academy, the United States Air Force Acad- emy, or the Coast Guard Academy, and a mid- shipman at the United States Naval Academy, who incurs or aggravates an injury, illness, or disease in the line of duty. (2) A member of, and a designated applicant for membership in, the Senior Reserve Offi- cers’ Training Corps who incurs or aggravates an injury, illness, or disease— (A) in the line of duty while performing duties under section 2109 of this title; (B) while traveling directly to or from the place at which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or (C) in the line of duty while remaining overnight immediately before the com- mencement of duties performed pursuant to section 2109 of this title or, while remaining overnight, between successive periods of per- forming duties pursuant to section 2109 of this title, at or in the vicinity of the site of the duties performed pursuant to section 2109 of this title, if the site is outside reason- able commuting distance from the residence of the member or designated applicant. (b) BENEFITS.—A person eligible for benefits under subsection (a) for an injury, illness, or dis- ease is entitled to— (1) the medical and dental care under this chapter that is appropriate for the treatment of the injury, illness, or disease until the in- jury, illness, disease, or any resulting dis- ability cannot be materially improved by fur- ther hospitalization or treatment; and (2) meals during hospitalization. (c) EXCEPTION FOR GROSS NEGLIGENCE OR MIS- CONDUCT.—A person is not entitled to benefits under subsection (b) for an injury, illness, or dis- ease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of that person. (Added Pub. L. 108–375, div. A, title V, § 555(a)(1), Oct. 28, 2004, 118 Stat. 1913.) Editorial Notes PRIOR PROVISIONS A prior section 1074b, added Pub. L. 102–190, div. A, title VI, § 640(a)(2), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(10), Feb. 10, 1996, 110 Stat. 499, which related to transitional medical and dental care for members on active duty in support of contingency operations, was repealed by Pub. L. 107–107, div. A, title VII, § 736(c)(1), (d), Dec. 28, 2001, 115 Stat. 1173, with provision that the section, as in effect before Dec. 28, 2001, was to continue to apply to a mem- ber of the Armed Forces who was released from active duty in support of a contingency operation before that date. Page 1051 TITLE 10—ARMED FORCES § 1074d Another prior section 1074b was renumbered section 1074c of this title. § 1074c. Medical care: authority to provide a wig A person entitled to medical care under this chapter who has alopecia resulting from the treatment of a malignant disease may be fur- nished a wig if the person has not previously been furnished one at the expense of the United States. (Added Pub. L. 98–525, title XIV, § 1401(e)(2)(A), Oct. 19, 1984, 98 Stat. 2616, § 1074b; renumbered § 1074c, Pub. L. 102–190, div. A, title VI, § 640(a)(1), Dec. 5, 1991, 105 Stat. 1385.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8033], Oct. 12, 1984, 98 Stat. 1904, 1929. Pub. L. 98–212, title VII, § 739, Dec. 8, 1983, 97 Stat. 1445. Pub. L. 97–377, title I, § 101(c) [title VII, § 742], Dec. 21, 1982, 96 Stat. 1833, 1858. Pub. L. 97–114, title VII, § 743, Dec. 29, 1981, 95 Stat. 1586. Pub. L. 96–527, title VII, § 744, Dec. 15, 1980, 94 Stat. 3089. AMENDMENTS 1991—Pub. L. 102–190 renumbered section 1074b of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. § 1074d. Certain primary and preventive health care services (a) SERVICES AVAILABLE.—(1) Female members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to pri- mary and preventive health care services for women as part of such medical care. The serv- ices described in paragraphs (1) and (2) of sub- section (b) shall be provided under such proce- dures and at such intervals as the Secretary of Defense shall prescribe. (2) Male members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to preventive health care screening for colon or prostate cancer at such intervals and using such screening methods as the admin- istering Secretaries consider appropriate. (b) DEFINITION.—In this section, the term ‘‘pri- mary and preventive health care services for women’’ means health care services, including related counseling services, provided to women with respect to the following: (1) Cervical cancer screening. (2) Breast cancer screening, including through the use of digital breast tomosynthesis. (3) Comprehensive obstetrical and gyneco- logical care, including care related to preg- nancy and the prevention of pregnancy. (4) Infertility and sexually transmitted dis- eases, including prevention. (5) Menopause, including hormone replace- ment therapy and counseling regarding the benefits and risks of hormone replacement therapy. (6) Physical or psychological conditions aris- ing out of acts of sexual violence. (7) Gynecological cancers. (8) Colon cancer screening, at the intervals and using the screening methods prescribed under subsection (a)(2). (Added Pub. L. 103–160, div. A, title VII, § 701(a)(1), Nov. 30, 1993, 107 Stat. 1685; amended Pub. L. 104–201, div. A, title VII, § 701(a)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2587; Pub. L. 109–364, div. A, title VII, § 703(a), Oct. 17, 2006, 120 Stat. 2279; Pub. L. 116–283, div. A, title VII, § 701, Jan. 1, 2021, 134 Stat. 3686.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(2). Pub. L. 116–283 inserted ‘‘, including through the use of digital breast tomosynthesis’’ before period at end. 2006—Subsec. (a)(1). Pub. L. 109–364, § 703(a)(1), in- serted at end ‘‘The services described in paragraphs (1) and (2) of subsection (b) shall be provided under such procedures and at such intervals as the Secretary of Defense shall prescribe.’’ Subsec. (b)(1). Pub. L. 109–364, § 703(a)(2)(A), sub- stituted ‘‘Cervical cancer screening’’ for ‘‘Papanicolaou tests (pap smear)’’. Subsec. (b)(2). Pub. L. 109–364, § 703(a)(2)(B), sub- stituted ‘‘Breast cancer screening’’ for ‘‘Breast exami- nations and mammography’’. 1996—Pub. L. 104–201, § 701(a)(2)(A), amended catchline generally, substituting ‘‘Certain primary and preven- tive health care services’’ for ‘‘Primary and preventive health care services for women’’. Subsec. (a). Pub. L. 104–201, § 701(a)(1)(A), designated existing provisions as par. (1) and added par. (2). Subsec. (b)(8). Pub. L. 104–201, § 701(a)(1)(B), added par. (8). Statutory Notes and Related Subsidiaries DEMONSTRATION PROGRAM ON CRYOPRESERVATION AND STORAGE OF GAMETES OF CERTAIN MEMBERS OF THE ARMED FORCES Pub. L. 118–159, div. A, title VII, § 709, Dec. 23, 2024, 138 Stat. 1945, provided that: ‘‘(a) DEMONSTRATION PROGRAM.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall carry out a demonstration program to reimburse covered members for expenses incurred in the retrieval, testing, cryopreservation, shipping, and storage of gametes of such covered members in a private storage facility de- termined appropriate by the Secretary. ‘‘(b) ELEMENTS.— ‘‘(1) AMOUNT OF REIMBURSEMENT.—A covered mem- ber participating in the demonstration program shall receive not more than the following amounts per year: ‘‘(A) $500 in the case of a member who preserves sperm. ‘‘(B) $10,000 in the case of a member who preserves eggs. ‘‘(2) INFORMATION.— ‘‘(A) PROVIDERS.—The Secretary shall provide to a covered member participating in the demonstra- tion program information regarding providers of services described in subsection (a) located near the covered member.