10 U.S.C. § 1076

section 1077 of this titleAppropriate references are made to dental care throughout the section to reflect the fact that in certain limited situations dependents are entitled to dental care under 37:403(h)(4), restated as .

In subsection (a), the words “appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service” are omitted as surplusage, since it does not matter how a member became a member. The words “active duty for a period of more than 30 days” are substituted for the words “active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less” to reflect section 101(22) and (23) of this title.

section 901(b) of title 50section 101(22) of this titleIn subsection (b), the words “active duty (other than for training)” are substituted for the words “active duty as defined in ” to reflect . The words “retirement” and “retirement pay” are omitted as surplusage.

section 1077 of this titleIn subsection (c), 37:421(c) (last 28 words) is omitted as unnecessary since this subsection and are written so as to apply to subsection (b) as well as subsection (a).

In subsection (d), the words “because the facility concerned is that of a uniformed service other than that of the member” is substituted for the words “because of the service affiliation of the service member”.

Editorial Notes

References in Text

December 1, 1994section 1662(j)(1) of Pub. L. 103–337section 1662(j)(7) of Pub. L. 103–337Chapter 67 of this title as in effect before , referred to in subsec. (b)(2), means chapter 67 (§ 1331 et seq.) of this title prior to its transfer to part II of subtitle E of this title, its renumbering as chapter 1223, and its general revision by . A new chapter 67 (§ 1331) of this title was added by .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 84Pub. L. 85–861, § 36B(5)Sept. 2, 195872 Stat. 1570A prior section 1076, , , related to use of post cards, waiver of registration, and voting by discharged persons, prior to repeal by , , , as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.)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

Pub. L. 107–1072001—Subsec. (a)(2)(C). struck out “, if the site was outside reasonable commuting distance from the member’s residence” before period at end.

Pub. L. 106–3982000—Subsec. (f). added subsec. (f).

Pub. L. 106–65, § 705(c)1999—Subsec. (a)(2)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “A member who incurred or aggravated an injury, illness, or disease in the line of duty while serving on active duty for a period of 30 days or less (or while traveling to or from the place of such duty) and the member’s orders are modified or extended, while the member is being treated for (or recovering from) the injury, illness, or disease, so as to result in active duty for a period of more than 30 days. However, this subparagraph entitles the dependent to medical and dental care only while the member remains on active duty.”

Pub. L. 106–65, § 578(i)(2)Subsec. (a)(2)(E). , added subpar. (E).

Pub. L. 105–261, § 732(1)1998—Subsec. (e)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Subject to paragraph (3), if an abused dependent of a former member of a uniformed service described in paragraph (4) needs medical or dental care for an injury or illness resulting from abuse by the member, the administering Secretary may, upon request of the abused dependent, furnish medical or dental care to the dependent for the treatment of such injury or illness in facilities of the uniformed services.”

Pub. L. 105–261, § 732(2)Subsec. (e)(3). , inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “shall terminate one year after the date on which the former member was discharged or dismissed from a uniformed service as described in paragraph (4).”

Pub. L. 105–85, § 513(b)1997—Subsec. (a)(2). , added par. (2) and struck out former par. (2) which read as follows: “A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service—

“(A) who is on active duty for a period of more than 30 days or who died while on that duty; or

“(B) who died from an injury, illness, or disease incurred or aggravated—

“(i) while on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive duty training; or

“(ii) while traveling to or from the place at which the member is to perform, or has performed, such active duty, active duty for training, or inactive duty training.”

Pub. L. 105–85, § 1073(d)(1)(D)Pub. L. 104–106, § 703(b)Subsec. (b). , made technical correction to directory language of . See 1996 Amendment note below.

Pub. L. 104–106, § 703(b)Pub. L. 105–85, § 1073(d)(1)(D)section 1072(2)(F) of this title1996—Subsec. (b). , as amended by , in concluding provisions, substituted “paragraph (2) may” for “clause (2) may” and struck out “A dependent described in may be provided medical and dental care pursuant to clause (2) without regard to subclause (B) of such clause.” after “age 60.”

Pub. L. 104–106, § 703(a)Subsec. (b)(2). , substituted “death would” for “death (A) would” and struck out “, and (B) had elected to participate in the Survivor Benefit Plan established under subchapter II of chapter 73 of this title” after “60 years of age”.

Pub. L. 104–106, § 1501(c)(11)December 1, 1994, substituted “before ” for “before the effective date of the Reserve Officer Personnel Management Act” in subpar. (A).

Pub. L. 103–337, § 1671(c)(7)(A)1994—Subsec. (b)(2)(A). , substituted “under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “under chapter 67 of this title”.

Pub. L. 103–337, § 704(a)(1)Subsec. (e)(1). , added par. (1) and struck out former par. (1) which read as follows: “Subject to paragraph (3), if—

“(A) a member of a uniformed service receives a dishonorable or bad-conduct discharge or is dismissed from a uniformed service as a result of a court-martial conviction for an offense involving abuse of a dependent of the member, as determined in accordance with regulations prescribed by the administering Secretary for such uniformed service; and

“(B) the abused dependent needs medical or dental care for an injury or illness resulting from the abuse,

the administering Secretary may, upon request of the abused dependent, furnish medical or dental care to the dependent for the treatment of such injury or illness in facilities of the uniformed services.”

Pub. L. 103–337, § 704(b)(1)Subsec. (e)(2). , (2), inserted “former” before “member” and substituted “paragraph (4)” for “paragraph (1)(A)”.

Pub. L. 103–337, § 704(b)(1)Subsec. (e)(3). , (3), inserted “former” before “member” in introductory provisions and in subpar. (C) and substituted “was” for “is” and “paragraph (4)” for “paragraph (1)(A)” in subpar. (C).

Pub. L. 103–337, § 704(a)(2)Subsec. (e)(4). , added par. (4).

Pub. L. 101–189, § 653(a)(4)1989—Subsec. (e)(3)(C). , substituted “one year” for “1 year”.

Pub. L. 101–189, § 731(c)(1)Subsec. (f). , struck out subsec. (f) which read as follows:

section 1077 of this title“(1) A person described in paragraph (2) shall be considered a dependent for purposes of this section for a period of one year after the date of the person’s final decree of divorce, dissolution, or annulment. In addition, if such a person purchases a conversion health policy within the one-year period referred to in the preceding sentence, such person shall be entitled, upon request, to medical and dental care prescribed by for a period of one year after the purchase of the policy for any condition of the person that existed on the date on which coverage under the policy begins and for which care is not provided under that policy.

April 1, 1985“(2) A person referred to in paragraph (1) is a person who would qualify as a dependent under section 1072(2)(G) but for the fact that the person’s final decree of divorce, dissolution, or annulment is dated on or after .

“(3) In this subsection, the term ‘conversion health policy’ means a health insurance plan with a private insurer, developed through negotiations between the Secretary of Defense and a private insurer, that is available for purchase by or for the use of persons described in paragraph (2).”

Pub. L. 100–4561988—Subsec. (f). added subsec. (f).

Pub. L. 99–661, § 604(f)(1)(C)1986—Subsec. (a)(2)(B). , inserted reference to disease.

Pub. L. 99–661, § 652(c)Subsec. (e). , added subsec. (e).

Pub. L. 99–145section 1077 of this title1985—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A dependent of a member of a uniformed service who is on active duty for a period of more than 30 days, or of such a member who died while on that duty, is entitled, upon request, to the medical and dental care prescribed by in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.”

Pub. L. 98–5571984—Subsecs. (b), (d). substituted reference to administering Secretaries for reference to Secretary of Defense and Secretary of Health and Human Services.

Pub. L. 97–252section 1072(2)(F) of this title1982—Subsec. (b). provided for medical and dental care, for a dependent described in , pursuant to clause (2) without regard to subclause (B) of such clause.

Pub. L. 96–5131980—Subsecs. (b), (d). substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Pub. L. 95–397section 1077 of this title1978—Subsec. (b). substituted “Under regulations to be prescribed jointly by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member-” for “Under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member who is, or was at the time of his death, entitled to retired or retainer pay, or equivalent pay, may, upon request, be given the medical and dental care prescribed by in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff”, added pars. (1), (2), and provisions following par. (2) relating to medical and dental care on request in facilities of the uniformed services subject to the availability of space, facilities and capabilities of staff, and excepting from such care provision a dependent of a member or former member until such member or former member would have attained age 60.

Pub. L. 89–6141966—Subsec. (b). struck out provision which excepted from medical and dental care a member or former member who is, or was at the time of his death, entitled to retired pay under chapter 67 of this title and has served less than eight years on active duty (other than for training).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, § 1073(d)(1)Nov. 18, 1997111 Stat. 1904Feb. 10, 1996Pub. L. 104–106, , , provided that the amendment made by that section is effective , and as if included in the National Defense Authorization Act for Fiscal Year 1996, , as enacted.

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c)Feb. 10, 1996110 Stat. 498Dec. 1, 1994Pub. L. 103–337, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.

Effective Date of 1994 Amendment

section 1671(c)(7)(A) of Pub. L. 103–337Dec. 1, 1994section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1989 Amendment

section 731(c)(1) of Pub. L. 101–18910 U.S.C. 1072(2)(H)Nov. 29, 1989Sept. 29, 1988Nov. 28, 1989Sept. 29, 1988section 731(d) of Pub. L. 101–189section 1072 of this titleAmendment by applicable to a person referred to in whose decree of divorce, dissolution, or annulment becomes final on or after , and to a person so referred to whose decree became final during the period from to , as if the amendment had become effective on , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title VI, § 651(d)Sept. 29, 1988102 Stat. 1990

Effective Date of 1986 Amendment

section 604 of Pub. L. 99–661Nov. 14, 1986section 604(g) of Pub. L. 99–661section 1074a of this titleAmendment by applicable with respect to persons who, after , incur or aggravate an injury, illness, or disease or die, see , set out as a note under .

Pub. L. 99–661, div. A, title VI, § 652(e)(3)Nov. 14, 1986100 Stat. 3890

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 652(c)Nov. 8, 198599 Stat. 657

Effective Date of 1982 Amendment; Transition Provisions

Pub. L. 97–252Feb. 1, 1983Feb. 1, 1983section 1006 of Pub. L. 97–252section 1408 of this titleAmendment by effective , 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 annulment of marriage of former spouse and such member or former member is dated before, on, or after , see , set out as an Effective Date; Transition Provisions note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–397, title III, § 302Sept. 30, 197892 Stat. 849

Effective Date of 1966 Amendment

Pub. L. 89–614section 3 of Pub. L. 89–614section 1071 of this titleFor effective date of amendment by , see , set out as a note under .

Stipend for Members of Reserve Components for Health Care for Certain Dependents

Pub. L. 110–181, div. A, title VII, § 704Jan. 28, 2008122 Stat. 188

Transitional Health Care for Members, or Dependents of Members, Upon Release of Member From Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, § 313Apr. 6, 1991105 Stat. 85

Dependent; Qualification As; Transition

Pub. L. 100–456, div. A, title VI, § 651(c)Sept. 29, 1988102 Stat. 1990