37 U.S.C. § 437 — Allowance to cover monthly premiums for

Page 197 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 437 Subsec. (e). Pub. L. 108–136, § 541(b)(4)(B), substituted ‘‘allowance’’ for ‘‘per diem’’ after ‘‘high-deployment’’. Subsec. (f). Pub. L. 108–136, § 541(b)(4)(C), substituted ‘‘allowance’’ for ‘‘per diem’’ and ‘‘month during which’’ for ‘‘day on which’’. Subsecs. (g), (h). Pub. L. 108–136, § 541(b)(3), added sub- secs. (g) and (h). 2001—Subsec. (a). Pub. L. 107–107 inserted at end ‘‘The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.’’ 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(4)], renumbered section 435 of this title as this section. Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title V, § 574(c)(1)], substituted ‘‘401 or more days out of the pre- ceding 730 days’’ for ‘‘251 days or more out of the pre- ceding 365 days’’. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 574(c)(2)], substituted ‘‘prescribed under paragraph (4)’’ for ‘‘prescribed under paragraph (3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title V, § 530(b), Dec. 31, 2011, 125 Stat. 1403, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 31, 2011].’’ EFFECTIVE DATE Pub. L. 106–65, div. A, title V, § 586(d)(2), Oct. 5, 1999, 113 Stat. 639, provided that: ‘‘Section 435 [now 436] of title 37, United States Code (as added by subsection (b)) [this section], shall take effect on October 1, 2001.’’ § 437. Allowance to cover monthly premiums for Servicemembers’ Group Life Insurance: members serving in a designated duty as- signment (a) REQUIRED REIMBURSEMENT FOR PREMIUM DEDUCTION.—(1) In the case of a member of the armed forces who has insurance coverage for the member under the Servicemembers’ Group Life Insurance program under subchapter III of chap- ter 19 of title 38 and who serves in a designated duty assignment at any time during a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to the amount of the deduc- tion made under subsection (a)(1) of section 1969 of such title for the amount of Servicemembers’ Group Life Insurance coverage held by the mem- ber under section 1967 of such title. (2) In this subsection, the term ‘‘designated duty assignment’’ means a permanent or tem- porary duty assignment outside the United States or its possessions in support of a contin- gency operation in an area that— (A) has been designated a combat zone; or (B) is in direct support of an area that has been designated a combat zone. (b) NOTICE OF AVAILABILITY OF ALLOWANCE.— To the maximum extent practicable, in advance of the deployment of a member to a designated duty assignment referred to in subsection (a), the Secretary concerned shall give the member information regarding the following: (1) The availability of the allowance under this section for members insured under the Servicemembers’ Group Life Insurance pro- gram. (2) The ability of members who elected not to be insured under Servicemembers’ Group Life Insurance, or elected less than the max- imum coverage amount available for such in- surance, to obtain insurance, or to obtain ad- ditional coverage, as the case may be, under the authority provided in section 1967(c) of title 38. (Added Pub. L. 109–163, div. A, title VI, § 613(a), Jan. 6, 2006, 119 Stat. 3291; amended Pub. L. 109–364, div. A, title VI, § 606(a)–(c), Oct. 17, 2006, 120 Stat. 2246; Pub. L. 110–181, div. A, title X, § 1063(c)(5), Jan. 28, 2008, 122 Stat. 322; Pub. L. 114–328, div. A, title VI, § 644(a)–(b)(2), Dec. 23, 2016, 130 Stat. 2166, 2167.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, § 644(b)(2), substituted ‘‘Allow- ance to cover monthly premiums for Servicemembers’ Group Life Insurance: members serving in a designated duty assignment’’ for ‘‘Allowance to cover monthly premium for Servicemembers’ Group Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom’’ in section catchline. Subsec. (a). Pub. L. 114–328, § 644(a), designated exist- ing provisions as par. (1), substituted ‘‘who serves in a designated duty assignment’’ for ‘‘who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom’’, and added par. (2). Subsec. (b). Pub. L. 114–328, § 644(b)(1), substituted ‘‘designated duty assignment’’ for ‘‘theater of oper- ations’’ in introductory provisions. 2008—Subsec. (a). Pub. L. 110–181 made technical cor- rection to directory language of Pub. L. 109–364, § 606(b)(1)(A). See 2006 Amendment note below. 2006—Pub. L. 109–364, § 606(c), struck out ‘‘portion of’’ before ‘‘monthly premium’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 606(b)(1)(B), struck out par. (2) which read as follows: ‘‘If a member described in paragraph (1) elected to be insured in an amount less than the coverage amount specified in paragraph (1) or in effect pursuant to subsection (b), the amount of the allowance under this section for a month shall be equal to the amount of the deduction made for that month under subsection (a)(1) of section 1969 of title 38 from the basic pay of the member for the amount of Servicemembers’ Group Life Insurance coverage actu- ally held by the member under section 1967 of such title.’’ Pub. L. 109–364, § 606(b)(1)(A), as amended by Pub. L. 110–181, struck out ‘‘(1)’’ before ‘‘In the case of’’. Subsec. (a)(1). Pub. L. 109–364, § 606(a), substituted ‘‘for the amount of Servicemembers’ Group Life Insur- ance coverage held by the member under section 1967 of such title’’ for ‘‘for the first $150,000 of Servicemembers’ Group Life Insurance coverage held by the member under section 1967 of such title’’. Subsecs. (b), (c). Pub. L. 109–364, § 606(b)(2), (3), redes- ignated subsec. (c) as (b), in par. (2) substituted ‘‘max- imum coverage amount available for such insurance,’’ for ‘‘coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b),’’, and struck out former subsec. (b). Text read as follows: ‘‘For purposes of subsection (a), the Secretary of Defense is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all or an additional amount of the deduction made under section 1969(a)(1) of title 38 for levels of coverage in excess of $150,000 for members under the Servicemembers’ Group Life Insurance program.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title VI, § 644(c), Dec. 23, 2016, 130 Stat. 2167, provided that: ‘‘The amendments made Page 198 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 438 by this section [amending this section] shall apply to service by members of the Armed Forces in a des- ignated duty assignment (as defined in subsection (a)(2) of section 437 of title 37, United States Code) for any month beginning on or after the date of the enactment of this Act [Dec. 23, 2016].’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(5) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 606(d), Oct. 17, 2006, 120 Stat. 2246, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to service by members of the Armed Forces in the theater of operations for Oper- ation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after that date.’’ EFFECTIVE DATE Pub. L. 109–163, div. A, title VI, § 613(c), Jan. 6, 2006, 119 Stat. 3292, provided that: ‘‘Section 437 of title 37, United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation En- during Freedom or Operation Iraqi Freedom for months beginning on or after the date of the enactment of this Act [Jan. 6, 2006]. In the case of members who are serv- ing in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom as of such date, the Secretary of Defense shall provide such members, as soon as practicable, the information specified in sub- section (c) of that section.’’ § 438. Preventive health services allowance (a) DEMONSTRATION PROJECT.—During the pe- riod beginning on January 1, 2009, and ending on December 31, 2011, the Secretary of Defense shall conduct a demonstration project designed to evaluate the efficacy of providing an annual al- lowance (to be known as a ‘‘preventive health services allowance’’) to members of the armed forces described in subsection (b) to increase the use of preventive health services by such mem- bers and their dependents. (b) ELIGIBLE MEMBERS.—(1) Subject to the nu- merical limitations specified in paragraph (2), a member of the armed forces who is serving on active duty for a period of more than 30 days and meets the medical and dental readiness require- ments for the armed force of the member may receive a preventive health services allowance. (2) Not more than 1,500 members of each of the Army, Navy, Air Force, and Marine Corps may receive a preventive health services allowance during any year, of which half in each armed force shall be members without dependents and half shall be members with dependents. (c) AMOUNT OF ALLOWANCE.—The Secretary of the military department concerned shall pay a preventive health services allowance to a mem- ber selected to receive the allowance in an amount equal to— (1) $500 per year, in the case of a member without dependents; and (2) $1,000 per year, in the case of a member with dependents. (d) AUTHORIZED PREVENTIVE HEALTH SERV- ICES.—(1) The Secretary of Defense shall specify the types of preventive health services that may be procured using a preventive health services allowance and the frequency at which such serv- ices may be procured. (2) At a minimum, authorized preventive health services shall include, taking into consid- eration the age and gender of the member and dependents of the member: (A) Colorectal screening. (B) Breast screening. (C) Cervical screening. (D) Prostate screening. (E) Annual physical exam. (F) Annual dental exam. (G) Weight and body mass screening. (H) Vaccinations. (3) The Secretary of Defense shall ensure that members selected to receive the preventive health services allowance and their dependents are provided a reasonable opportunity to receive the services authorized under this subsection in their local area. (e) DATA COLLECTION.—At a minimum, the Secretary of Defense shall monitor and record the health of members receiving a preventive health services allowance and their dependents and the results of the testing required to qualify for payment of the allowance, if conducted. The Secretary shall assess the medical utility of the testing required to qualify for payment of a pre- ventive health allowance. (f) REPORTING REQUIREMENT.—Not later than March 31, 2010, and March 31, 2012, the Secretary of Defense shall submit to Congress a report on the status of the demonstration project, includ- ing findings regarding the medical status of par- ticipants, recommendations to modify the poli- cies and procedures of the program, and rec- ommendations concerning the future utility of the project. (g) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 110–417, [div. A], title VII, § 714(a), Oct. 14, 2008, 122 Stat. 4504.) § 439. Special compensation: members of the uni- formed services with catastrophic injuries or illnesses requiring assistance in everyday liv- ing (a) MONTHLY COMPENSATION AUTHORIZED.—The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c). (b) COVERED MEMBERS.—A member eligible for monthly special compensation authorized by subsection (a) is a member who— (1) has a catastrophic injury or illness that was incurred or aggravated in the line of duty; (2) has been certified by a licensed physician to be in need of assistance from another per- son to perform the personal functions required in everyday living; (3) in the absence of the provision of such as- sistance, would require hospitalization, nurs- ing home care, or other residential institu- tional care; and (4) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of