10 U.S.C. § 1072 — Definitions

Page 1000 TITLE 10—ARMED FORCES § 1072 tional Research Action Plan within 8 months of the date of this order. (b) The National Research Action Plan shall include strategies to establish surrogate and clinically action- able biomarkers for early diagnosis and treatment ef- fectiveness; develop improved diagnostic criteria for TBI; enhance our understanding of the mechanisms re- sponsible for PTSD, related injuries, and neurological disorders following TBI; foster development of new treatments for these conditions based on a better un- derstanding of the underlying mechanisms; improve data sharing between agencies and academic and indus- try researchers to accelerate progress and reduce re- dundant efforts without compromising privacy; and make better use of electronic health records to gain in- sight into the risk and mitigation of PTSD, TBI, and related injuries. In addition, the National Research Ac- tion Plan shall include strategies to support collabo- rative research to address suicide prevention. (c) The Departments of Defense and Health and Human Services shall engage in a comprehensive longi- tudinal mental health study with an emphasis on PTSD, TBI, and related injuries to develop better pre- vention, diagnosis, and treatment options. Agencies shall continue ongoing collaborative research efforts, with an aim to enroll at least 100,000 service members by December 31, 2012, and include a plan for long-term follow-up with enrollees through a coordinated effort with the Department of Veterans Affairs. SEC. 6. Military and Veterans Mental Health Interagency Task Force. There is established an Interagency Task Force on Military and Veterans Mental Health (Task Force), to be co-chaired by the Secretaries of Defense, Veterans Affairs, and Health and Human Services, or their designated representatives. (a) Membership. In addition to the Co-Chairs, the Task Force shall consist of representatives from: (i) the Department of Education; (ii) the Office of Management and Budget; (iii) the Domestic Policy Council; (iv) the National Security Staff; (v) the Office of Science and Technology Policy; (vi) the Office of National Drug Control Policy; and (vii) such other executive departments, agencies, or offices as the Co-Chairs may designate. A member agency of the Task Force shall designate a full-time officer or employee of the Federal Govern- ment to perform the Task Force functions. (b) Mission. Member agencies shall review relevant statutes, policies, and agency training and guidance to identify reforms and take actions that facilitate imple- mentation of the strategies outlined in this order. Member agencies shall work collaboratively on these strategies and also create an inventory of mental health and substance abuse programs and activities to inform this work. (c) Functions. (i) Not later than 180 days after the date of this order, the Task Force shall submit recommendations to the President on strategies to improve mental health and substance abuse treatment services for veterans, serv- ice members, and their families. Every year thereafter, the Task Force shall provide to the President a review of agency actions to enhance mental health and sub- stance abuse treatment services for veterans, service members, and their families consistent with this order, as well as provide additional recommendations for ac- tion as appropriate. The Task Force shall define spe- cific goals and metrics that will aid in measuring progress in improving mental health strategies. The Task Force will include cost analysis in the develop- ment of all recommendations, and will ensure any new requirements are supported within existing resources. (ii) In addition to coordinating and reviewing agency efforts to enhance veteran and military mental health services pursuant to this order, the Task Force shall evaluate: (1) agency efforts to improve care quality and en- sure that the Departments of Defense and Veterans Affairs and community-based mental health pro- viders are trained in the most current evidence-based methodologies for treating PTSD, TBI, depression, related mental health conditions, and substance abuse; (2) agency efforts to improve awareness and reduce stigma for those needing to seek care; and (3) agency research efforts to improve the preven- tion, diagnosis, and treatment of TBI, PTSD, and re- lated injuries, and explore the need for an external research portfolio review. (iii) In performing its functions, the Task Force shall consult with relevant nongovernmental experts and or- ganizations as necessary. SEC. 7. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. [Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.] § 1072. Definitions In this chapter: (1) The term ‘‘uniformed services’’ means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Ad- ministration and of the Public Health Service. (2) The term ‘‘dependent’’, with respect to a member or former member of a uniformed service, means— (A) the spouse; (B) the unremarried widow; (C) the unremarried widower; (D) a child who— (i) has not attained the age of 21; (ii) has not attained the age of 23, is en- rolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one- half of the child’s support; or (iii) is incapable of self-support because of a mental or physical incapacity that oc- curs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; (E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household; (F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolu- tion, or annulment, had been married to the member or former member for a period of at Page 1001 TITLE 10—ARMED FORCES § 1072 least 20 years during which period the mem- ber or former member performed at least 20 years of service which is creditable in deter- mining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have med- ical coverage under an employer-sponsored health plan; (G) a person who (i) is the unremarried former spouse of a member or former mem- ber who performed at least 20 years of serv- ice which is creditable in determining the member or former member’s eligibility for retired or retainer pay, or equivalent pay, and on the date of the final decree of di- vorce, dissolution, or annulment before April 1, 1985, had been married to the mem- ber or former member for a period of at least 20 years, at least 15 of which, but less than 20 of which, were during the period the mem- ber or former member performed service creditable in determining the member or former member’s eligibility for retired or re- tainer pay, and (ii) does not have medical coverage under an employer-sponsored health plan; (H) a person who would qualify as a de- pendent under clause (G) but for the fact that the date of the final decree of divorce, dissolution, or annulment of the person is on or after April 1, 1985, except that the term does not include the person after the end of the one-year period beginning on the date of that final decree; and (I) an unmarried person who— (i) is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdic- tion in the United States (or possession of the United States) for a period of at least 12 consecutive months; (ii) either— (I) has not attained the age of 21; (II) has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning ap- proved by the administering Secretary; or (III) is incapable of self support be- cause of a mental or physical incapacity that occurred while the person was con- sidered a dependent of the member or former member under this subparagraph pursuant to subclause (I) or (II); (iii) is dependent on the member or former member for over one-half of the person’s support; (iv) resides with the member or former member unless separated by the necessity of military service or to receive institu- tional care as a result of disability or inca- pacitation or under such other cir- cumstances as the administering Sec- retary may by regulation prescribe; and (v) is not a dependent of a member or a former member under any other subpara- graph. (3) The term ‘‘administering Secretaries’’ means the Secretaries of executive depart- ments specified in section 1073 of this title as having responsibility for administering this chapter. (4) The term ‘‘Civilian Health and Medical Program of the Uniformed Services’’ means the program authorized under sections 1079 and 1086 of this title and includes contracts en- tered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title. (5) The term ‘‘covered beneficiary’’ means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title. (6) The term ‘‘child’’, with respect to a mem- ber or former member of a uniformed service, means the following: (A) An unmarried legitimate child. (B) An unmarried adopted child. (C) An unmarried stepchild. (D) An unmarried person— (i) who is placed in the home of the member or former member by a placement agency (recognized by the Secretary of De- fense), or by any other source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption of the person by the member or former member; and (ii) who otherwise meets the require- ments specified in paragraph (2)(D). (7) The term ‘‘TRICARE program’’ means the various programs carried out by the Sec- retary of Defense under this chapter and any other provision of law providing for the fur- nishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options: (A) TRICARE Prime. (B) TRICARE Select. (C) TRICARE for Life. (8) The term ‘‘custodial care’’ means treat- ment or services, regardless of who rec- ommends such treatment or services or where such treatment or services are provided, that— (A) can be rendered safely and reasonably by a person who is not medically skilled; or (B) is or are designed mainly to help the patient with the activities of daily living. (9) The term ‘‘domiciliary care’’ means care provided to a patient in an institution or homelike environment because— (A) providing support for the activities of daily living in the home is not available or is unsuitable; or (B) members of the patient’s family are unwilling to provide the care. (10) The term ‘‘health care’’ includes mental health care. (11) The term ‘‘TRICARE Extra’’ means the preferred-provider option of the TRICARE pro- gram made available prior to January 1, 2018, under which TRICARE Standard beneficiaries may obtain discounts on cost sharing as a re- sult of using TRICARE network providers. (12) The term ‘‘TRICARE Select’’ means the self-managed, preferred-provider network op- tion under the TRICARE program established by section 1075 of this title. Page 1002 TITLE 10—ARMED FORCES § 1072 (13) The term ‘‘TRICARE for Life’’ means the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of this title. (14) The term ‘‘TRICARE Prime’’ means the managed care option of the TRICARE pro- gram. (15) The term ‘‘TRICARE Standard’’ means the TRICARE program made available prior to January 1, 2018, covering health benefits con- tracted for under the authority of section 1079(a) or 1086(a) of this title and subject to the same rates and conditions as apply to persons covered under those sections. (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title I, § 115(b), title V, § 511(34)(A), (35), (36), Dec. 12, 1980, 94 Stat. 2877, 2922, 2923; Pub. L. 97–252, title X, § 1004(a), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98–525, title VI, § 645(a), Oct. 19, 1984, 98 Stat. 2548; Pub. L. 98–557, § 19(1), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 99–661, div. A, title VII, § 701(b), Nov. 14, 1986, 100 Stat. 3898; Pub. L. 101–189, div. A, title VII, § 731(a), Nov. 29, 1989, 103 Stat. 1481; Pub. L. 102–484, div. A, title VII, § 706, Oct. 23, 1992, 106 Stat. 2433; Pub. L. 103–160, div. A, title VII, § 702(a), Nov. 30, 1993, 107 Stat. 1686; Pub. L. 103–337, div. A, title VII, § 701(a), Oct. 5, 1994, 108 Stat. 2797; Pub. L. 105–85, div. A, title VII, § 711, Nov. 18, 1997, 111 Stat. 1808; Pub. L. 107–107, div. A, title VII, § 701(c), Dec. 28, 2001, 115 Stat. 1160; Pub. L. 109–163, div. A, title V, § 592(b), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3280, 3440; Pub. L. 110–181, div. A, title VII, § 708(a), Jan. 28, 2008, 122 Stat. 190; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(A), Dec. 23, 2016, 130 Stat. 2191; Pub. L. 115–91, div. A, title VII, § 739(a), Dec. 12, 2017, 131 Stat. 1446.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1072(1) ..... 1072(2) ..... 37:402(a)(1). 37:402(a)(4). June 7, 1956, ch. 374, § 102(a)(1), (4), 70 Stat. 250. In clause (1), the words ‘‘the armed forces’’ are sub- stituted for the words ‘‘the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard’’ to reflect section 101(4) of this title. In clause (2), the words ‘‘or to a person who died while a member or retired member of a uniformed service’’ and ‘‘lawful’’ are omitted as surplusage. The word ‘‘former’’ is substituted for the word ‘‘retired’’, since a retired member or a member of the Fleet Reserve or the Fleet Marine Corps Reserve is already included as a ‘‘member’’ of an armed force. Clause (2)(E) combines 37:402(a)(4)(E) and (G). Editorial Notes PRIOR PROVISIONS A prior section 1072, act Aug. 10, 1956, ch. 1041, 70A Stat. 81, defined terms used in former sections 1071 to 1086 of this title, 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 classi- fied to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare. AMENDMENTS 2017—Par. (15). Pub. L. 115–91 amended par. (15) gen- erally. Prior to amendment, par. (15) read as follows: ‘‘The term ‘TRICARE Standard’ means the TRICARE program made available prior to January 1, 2018, cov- ering— ‘‘(A) medical care to which a dependent described in section 1076(a)(2) of this title is entitled; and ‘‘(B) health benefits contracted for under the au- thority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.’’ 2016—Par. (7). Pub. L. 114–328, § 701(j)(1)(A)(i), added par. (7) and struck out former par. (7) which read as fol- lows: ‘‘The term ‘TRICARE program’ means the man- aged health care program that is established by the De- partment of Defense under the authority of this chap- ter, principally section 1097 of this title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uni- formed Services.’’ Pars. (11) to (15). Pub. L. 114–328, § 701(j)(1)(A)(ii), added pars. (11) to (15). 2008—Par. (10). Pub. L. 110–181 added par. (10). 2006—Par. (2)(I)(i). Pub. L. 109–163, § 1057(a)(2), struck out ‘‘or a Territory’’ before ‘‘or possession’’. Par. (6)(D)(i). Pub. L. 109–163, § 592(b), inserted ‘‘, or by any other source authorized by State or local law to provide adoption placement,’’ after ‘‘(recognized by the Secretary of Defense)’’. 2001—Pars. (8), (9). Pub. L. 107–107 added pars. (8) and (9). 1997—Par. (7). Pub. L. 105–85 added par. (7). 1994—Par. (2)(D). Pub. L. 103–337, § 701(a)(1), sub- stituted ‘‘a child who’’ for ‘‘an unmarried legitimate child, including an adopted child or stepchild, who’’ in introductory provisions. Par. (6). Pub. L. 103–337, § 701(a)(2), added par. (6). 1993—Par. (2)(I). Pub. L. 103–160 added subpar. (I). 1992—Par. (2)(D). Pub. L. 102–484 added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘an unmarried legitimate child, including an adopted child or a stepchild, who either— ‘‘(i) has not passed his twenty-first birthday; ‘‘(ii) is incapable of self-support because of a mental or physical incapacity that existed before that birth- day and is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support; or ‘‘(iii) has not passed his twenty-third birthday, is enrolled in a full-time course of study in an institu- tion of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support;’’. 1989—Par. (2)(H). Pub. L. 101–189 added subpar. (H). 1986—Par. (1). Pub. L. 99–661, § 701(b)(1), substituted ‘‘The term ‘uniformed services’ means’’ for ‘‘ ‘Uni- formed services’ means’’. Par. (2). Pub. L. 99–661, § 701(b)(2), substituted ‘‘The term ‘dependent’, with respect to’’ for ‘‘ ‘Dependent’, with respect to’’. Par. (3). Pub. L. 99–661, § 701(b)(3), substituted ‘‘The term ‘administering Secretaries’ means’’ for ‘‘ ‘Admin- istering Secretaries’ means’’. Pars. (4), (5). Pub. L. 99–661, § 701(b)(4), added pars. (4) and (5). 1984—Par. (2)(D)(iii). Pub. L. 98–557, § 19(1)(A), sub- stituted reference to the administering Secretary for reference to the Secretary of Defense or the Secretary of Health and Human Services. Par. (2)(G). Pub. L. 98–525 added subpar. (G). Par. (3). Pub. L. 98–557, § 19(1)(B), added par. (3). 1982—Par. (2)(F). Pub. L. 97–252 added cl. (F). 1980—Pub. L. 96–513, § 511(34)(A), substituted in intro- ductory material reference to this chapter for reference to sections 1071–1087 of this title. Par. (1). Pub. L. 96–513, § 511(35), substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Envi- ronmental Science Services Administration’’. Page 1003 TITLE 10—ARMED FORCES § 1072 Par. (2). Pub. L. 96–513, §§ 115(b), 511(36), substituted ‘‘spouse’’ for ‘‘wife’’ in cl. (A), struck out cl. (C) ‘‘the husband, if he is in fact dependent on the member or former member for over one-half of his support;’’, re- designated cls. (D), (E), and (F) as (C), (D), and (E), re- spectively, in cl. (C) as so redesignated, struck out ‘‘, if, because of mental or physical incapacity he was in fact dependent on the member or former member at the time of her death for over one-half of his support’’ after ‘‘the unremarried widower’’, and in cl. (D)(iii) as so redesignated, substituted ‘‘Health and Human Serv- ices’’ for ‘‘Health, Education, and Welfare’’. 1966—Pub. L. 89–718 substituted ‘‘Environmental Science Services Administration’’ for ‘‘Coast and Geo- detic Survey’’ in clause (1). Pub. L. 89–614 substituted ‘‘1087’’ for ‘‘1085’’ in intro- ductory phrase. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title VII, § 701(k), Dec. 23, 2016, 130 Stat. 2193, provided that: ‘‘The amendments made by this section [enacting sections 1075 and 1075a of this title and amending this section and sections 1076d, 1076e, 1079a, 1095f, 1099, and 1110b of this title] shall apply with respect to the provision of health care under the TRICARE program beginning on January 1, 2018.’’ EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–160, div. A, title VII, § 702(b), Nov. 30, 1993, 107 Stat. 1686, provided that: ‘‘Section 1072(2)(I) of title 10, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title VII, § 731(d), Nov. 29, 1989, 103 Stat. 1482, provided that: ‘‘(1) The amendments made by this section [enacting section 1086a of this title and amending this section and sections 1076 and 1086 of this title] apply to a per- son referred to in section 1072(2)(H) of title 10, United States Code (as added by subsection (a)), whose decree of divorce, dissolution, or annulment becomes final on or after the date of the enactment of this Act [Nov. 29, 1989]. ‘‘(2) The amendments made by this section shall also apply to a person referred to in such section whose de- cree of divorce, dissolution, or annulment became final during the period beginning on September 29, 1988, and ending on the day before the date of the enactment of this Act, as if the amendments had become effective on September 29, 1988.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title VI, § 645(d), Oct. 19, 1984, 98 Stat. 2549, provided that: ‘‘The amendments made by sub- sections (a), (b), and (c) [amending this section and pro- visions set out as a note under section 1408 of this title and enacting provisions set out as a note under this section] shall be effective on January 1, 1985, and shall apply with respect to health care furnished on or after that date.’’ EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITION PROVISIONS Amendment by Pub. L. 97–252 effective Feb. 1, 1983, and applicable in the case of any former spouse of a member or former member of the uniformed services whether final decree of divorce, dissolution, or annul- ment of marriage of former spouse and such member or former member is dated before, on, or after Feb. 1, 1983, see section 1006 of Pub. L. 97–252, set out as an Effective Date; Transition Provisions note under section 1408 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 115(b) of Pub. L. 96–513 effec- tive Sept. 15, 1981, but the authority to prescribe regu- lations under the amendment by Pub. L. 96–513 effec- tive on Dec. 12, 1980, and amendment by section 511(34)(A), (35), (36) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 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. REPEALS The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314. CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES FOR CERTAIN ELIGIBLE BENEFICIARIES Pub. L. 107–107, div. A, title VII, § 701(d), Dec. 28, 2001, 115 Stat. 1160, provided that: ‘‘(1) Notwithstanding the termination of the Indi- vidual Case Management Program by subsection (g) [amending section 1079 of this title and repealing provi- sions set out as a note under section 1077 of this title], the Secretary of Defense shall, in any case in which the Secretary makes the determination described in para- graph (2), continue to provide payment as if such pro- gram were in effect for home health care or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regu- lations implementing chapter 55 of title 10, United States Code. ‘‘(2) The determination referred to in paragraph (1) is a determination that discontinuation of payment for services not otherwise provided under such chapter would result in the provision of services inadequate to meet the needs of the eligible beneficiary and would be unjust to such beneficiary. ‘‘(3) For purposes of this subsection, ‘eligible bene- ficiary’ means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who, before the effective date of this section [Dec. 28, 2001], was provided custodial care services under the In- dividual Case Management Program for which the Sec- retary provided payment.’’ IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM; FLEXIBILITY OF CONTRACTING Pub. L. 107–107, div. A, title VII, § 708(a), Dec. 28, 2001, 115 Stat. 1164, provided that: ‘‘(1) During the one-year period following the date of the enactment of this Act [Dec. 28, 2001], section 1072(7) of title 10, United States Code, shall be deemed to be amended by striking ‘the competitive selection of con- tractors to financially underwrite’. ‘‘(2) The terms and conditions of any contract to pro- vide health care services under the TRICARE program entered into during the period described in paragraph (1) shall not be considered to be modified or terminated as a result of the termination of such period.’’ TRANSITIONAL PROVISIONS FOR QUALIFICATION FOR CON- VERSION HEALTH POLICIES; PREEXISTING CONDITIONS Pub. L. 101–189, div. A, title VII, § 731(e), Nov. 29, 1989, 103 Stat. 1483, provided that: ‘‘(1) In the case of a person who qualified as a depend- ent under section 645(c) of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 2549) [set out below], on September 28, 1988, the Sec- retary of Defense shall make a conversion health policy available for purchase by the person during the remain- ing period the person is considered to be a dependent under that section (or within a reasonable time after that period as prescribed by the Secretary of Defense). ‘‘(2) Purchase of a conversion health policy under paragraph (1) by a person shall entitle the person to health care for preexisting conditions in the same man- ner and to the same extent as provided by section Page 1004 TITLE 10—ARMED FORCES § 1073 1086a(b) of title 10, United States Code (as added by sub- section (b)), until the end of the one-year period begin- ning on the later of— ‘‘(A) the date the person is no longer qualified as a dependent under section 645(c) of the Department of Defense Authorization Act, 1985; and ‘‘(B) the date of the purchase of the policy. ‘‘(3) For purposes of this subsection, the term ‘con- version health policy’ has the meaning given that term in section 1086a(c) of title 10, United States Code (as added by subsection (b)).’’ DEPENDENT; QUALIFICATION AS; EFFECTIVE DATE Pub. L. 98–525, title VI, § 645(c), Oct. 19, 1984, 98 Stat. 2549, as amended by Pub. L. 99–661, div. A, title VI, § 646, Nov. 14, 1986, 100 Stat. 3887; Pub. L. 100–271, § 1, Mar. 29, 1988, 102 Stat. 45; Pub. L. 100–271, § 1, Mar. 29, 1988, 102 Stat. 45, provided that a person who would qualify as a dependent under section 1072(2)(G) of title 10 but for the fact that the person’s final decree of divorce, dissolu- tion, or annulment was dated on or after Apr. 1, 1985, would be considered to be a dependent under such sec- tion until the later of (1) Dec. 31, 1988, and (2) the last day of the two-year period beginning on the date of such final decree, prior to repeal by Pub. L. 100–456, div. A, title VI, § 651(b), Sept. 29, 1988, 102 Stat. 1990, effec- tive Sept. 29, 1988, or 30 days after the Secretary of De- fense first makes available a conversion health policy (as defined in section 1076(f) of title 10), whichever is later. § 1073. Administration of this chapter (a) RESPONSIBLE OFFICIALS.—(1) Except as oth- erwise provided in this chapter, the Secretary of Defense shall administer this chapter for the armed forces under his jurisdiction, the Sec- retary of Homeland Security shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric Administration and the Public Health Service. This chapter shall be administered consistent with the Assisted Sui- cide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.). (2) Except as otherwise provided in this chap- ter, the Secretary of Defense shall have respon- sibility for administering the TRICARE pro- gram and making any decision affecting such program. (b) STABILITY IN PROGRAM OF BENEFITS.—The Secretary of Defense shall, to the maximum ex- tent practicable, provide a stable program of benefits under this chapter throughout each fis- cal year. To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be ad- ministered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense may implement any such change prior to the next fiscal quarter if the Secretary determines that the change would significantly improve the pro- vision of care to eligible beneficiaries under this chapter. (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(34)(A), (C), (35), (36), Dec. 12, 1980, 94 Stat. 2922, 2923; Pub. L. 98–557, § 19(2), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 105–12, § 9(h), Apr. 30, 1997, 111 Stat. 27; Pub. L. 106–65, div. A, title VII, § 725, title X, § 1066(a)(7), Oct. 5, 1999, 113 Stat. 698, 770; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–383, div. A, title VII, § 711, Jan. 7, 2011, 124 Stat. 4246.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1073 ......... 37:402(b). June 7, 1956, ch. 374, § 102(b), 70 Stat. 251. The words ‘‘armed forces under his jurisdiction’’ are substituted for the words ‘‘Army, Navy, Air Force, and Marine Corps and for the Coast Guard when it is oper- ating as a service in the Navy’’ to reflect section 101(4) of this title. Editorial Notes REFERENCES IN TEXT The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (a)(1), is Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chap- ter 138 (§ 14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of Title 42 and Tables. PRIOR PROVISIONS A prior section 1073, act Aug. 10, 1956, ch. 1041, 70A Stat. 82, related to right to vote in war-time presi- dential and congressional election, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as su- perseded 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 2011—Subsec. (a). Pub. L. 111–383 designated existing provisions as par. (1) and added par. (2). 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Pub. L. 106–65, § 725, designated existing provi- sions, as amended by Pub. L. 106–65, § 1066(a)(7), as sub- sec. (a), inserted heading, and added subsec. (b). Pub. L. 106–65, § 1066(a)(7), inserted ‘‘(42 U.S.C. 14401 et seq.)’’ after ‘‘Act of 1997’’. 1997—Pub. L. 105–12 inserted at end ‘‘This chapter shall be administered consistent with the Assisted Sui- cide Funding Restriction Act of 1997.’’ 1984—Pub. L. 98–557 inserted provisions which trans- ferred authority to administer chapter for the Coast Guard when the Coast Guard is not operating as a serv- ice in the Navy from the Secretary of Health and Human Services to the Secretary of Transportation. 1980—Pub. L. 96–513 substituted in section catchline ‘‘of this chapter’’ for ‘‘of sections 1071–1087 of this title’’, and substituted in text ‘‘this chapter’’ for ‘‘sec- tions 1071–1087 of this title’’, ‘‘those sections’’, and ‘‘them’’, ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’, and ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Environmental Science Services Administration’’. 1966—Pub. L. 89–718 substituted ‘‘Environmental Science Services Administration’’ for ‘‘Coast and Geo- detic Survey’’. Pub. L. 89–614 substituted ‘‘1087’’ for ‘‘1085’’ in section catchline and text. Statutory Notes and Related Subsidiaries 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.