
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 701(c)]
[Document affected by Public Law 107-107 Section 701(d)]
[Document affected by Public Law 107-107 Section 708(a)]
[CITE: 10USC1072]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1072. Definitions

    In this chapter:
        (1) The term ``uniformed services'' means the armed forces and 
    the Commissioned Corps of the National Oceanic and Atmospheric 
    Administration 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 enrolled 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 occurs 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, 
        dissolution, or annulment, had been married to the member or 
        former member for a period of at least 20 years during which 
        period the member or former member performed at least 20 years 
        of service which is creditable in determining that member's or 
        former member's eligibility for retired or retainer pay, or 
        equivalent pay, and (ii) does not have medical coverage under an 
        employer-sponsored health plan;
            (G) a person who (i) is the unremarried former spouse of a 
        member or former member who performed at least 20 years of 
        service 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 divorce, 
        dissolution, or annulment before April 1, 1985, had been married 
        to the member 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 member or former member performed service 
        creditable in determining the member or former member's 
        eligibility for retired or retainer pay, and (ii) does not have 
        medical coverage under an employer-sponsored health plan;
            (H) a person who would qualify as a dependent 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 jurisdiction in the United States (or a Territory 
            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 approved by the administering Secretary; 
                or
                    (III) is incapable of self support because of a 
                mental or physical incapacity that occurred while the 
                person was considered 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 
            institutional care as a result of disability or 
            incapacitation or under such other circumstances as the 
            administering Secretary may by regulation prescribe; and
                (v) is not a dependent of a member or a former member 
            under any other subparagraph.

        (3) The term ``administering Secretaries'' means the Secretaries 
    of executive departments 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 entered 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 member 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 
            Defense) in anticipation of the legal adoption of the person 
            by the member or former member; and
                (ii) who otherwise meets the requirements specified in 
            paragraph (2)(D).

        (7) The term ``TRICARE program'' means the managed health care 
    program that is established by the Department of Defense under the 
    authority of this chapter, 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 Uniformed Services.

(Added Pub. L. 85-861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; 
amended Pub. L. 89-614, Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title I, 
Sec. 115(b), title V, Sec. 511(34)(A), (35), (36), Dec. 12, 1980, 94 
Stat. 2877, 2922, 2923; Pub. L. 97-252, title X, Sec. 1004(a), Sept. 8, 
1982, 96 Stat. 737; Pub. L. 98-525, title VI, Sec. 645(a), Oct. 19, 
1984, 98 Stat. 2548; Pub. L. 98-557, Sec. 19(1), Oct. 30, 1984, 98 Stat. 
2869; Pub. L. 99-661, div. A, title VII, Sec. 701(b), Nov. 14, 1986, 100 
Stat. 3898; Pub. L. 101-189, div. A, title VII, Sec. 731(a), Nov. 29, 
1989, 103 Stat. 1481; Pub. L. 102-484, div. A, title VII, Sec. 706, Oct. 
23, 1992, 106 Stat. 2433; Pub. L. 103-160, div. A, title VII, 
Sec. 702(a), Nov. 30, 1993, 107 Stat. 1686; Pub. L. 103-337, div. A, 
title VII, Sec. 701(a), Oct. 5, 1994, 108 Stat. 2797; Pub. L. 105-85, 
div. A, title VII, Sec. 711, Nov. 18, 1997, 111 Stat. 1808.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1072(1)...............................  37:402(a)(1).                        Ju
ne 7, 1956, ch. 374, Sec.
1072(2)...............................  37:402(a)(4).                         1
02(a)(1), (4), 70 Stat. 250.
-------------------------------------------------------------------------------
---------------------------------

    In clause (1), the words ``the armed forces'' are substituted 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).


                            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, Sec. 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 (Sec. 1973cc et seq.) of chapter 20 of 
Title 42, The Public Health and Welfare.


                               Amendments

    1997--Par. (7). Pub. L. 105-85 added par. (7).
    1994--Par. (2)(D). Pub. L. 103-337, Sec. 701(a)(1), substituted ``a 
child who'' for ``an unmarried legitimate child, including an adopted 
child or stepchild, who'' in introductory provisions.
    Par. (6). Pub. L. 103-337, Sec. 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 birthday 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 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 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, Sec. 701(b)(1), substituted ``The 
term `uniformed services' means'' for `` `Uniformed services' means''.
    Par. (2). Pub. L. 99-661, Sec. 701(b)(2), substituted ``The term 
`dependent', with respect to'' for `` `Dependent', with respect to''.
    Par. (3). Pub. L. 99-661, Sec. 701(b)(3), substituted ``The term 
`administering Secretaries' means'' for `` `Administering Secretaries' 
means''.
    Pars. (4), (5). Pub. L. 99-661, Sec. 701(b)(4), added pars. (4) and 
(5).
    1984--Par. (2)(D)(iii). Pub. L. 98-557, Sec. 19(1)(A), substituted 
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, Sec. 19(1)(B), added par. (3).
    1982--Par. (2)(F). Pub. L. 97-252 added cl. (F).
    1980--Pub. L. 96-513, Sec. 511(34)(A), substituted in introductory 
material reference to this chapter for reference to sections 1071-1087 
of this title.
    Par. (1). Pub. L. 96-513, Sec. 511(35), substituted ``National 
Oceanic and Atmospheric Administration'' for ``Environmental Science 
Services Administration''.
    Par. (2). Pub. L. 96-513, Secs. 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;'', redesignated cls. (D), (E), and (F) as (C), (D), and 
(E), respectively, 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 Services'' for ``Health, 
Education, and Welfare''.
    1966--Pub. L. 89-718 substituted ``Environmental Science Services 
Administration'' for ``Coast and Geodetic Survey'' in clause (1).
    Pub. L. 89-614 substituted ``1087'' for ``1085'' in introductory 
phrase.


                    Effective Date of 1993 Amendment

    Section 702(b) of Pub. L. 103-160 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

    Section 731(d) of Pub. L. 101-189 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 person 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 decree 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

    Section 645(d) of Pub. L. 98-525 provided that: ``The amendments 
made by subsections (a), (b), and (c) [amending this section and 
provisions 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 
annulment 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 effective Sept. 15, 
1981, but the authority to prescribe regulations under the amendment by 
Pub. L. 96-513 effective 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, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct. 12, 1982, 
96 Stat. 1314.


    Transitional Provisions for Qualification for Conversion Health 
                    Policies; Preexisting Conditions

    Section 731(e) of Pub. L. 101-189 provided that:
    ``(1) In the case of a person who qualified as a dependent 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 Secretary of Defense shall make a conversion health policy 
available for purchase by the person during the remaining 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 manner and to the same extent as provided by 
section 1086a(b) of title 10, United States Code (as added by subsection 
(b)), until the end of the one-year period beginning 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 `conversion 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

    Section 645(c) of Pub. L. 98-525, as amended by Pub. L. 99-661, div. 
A, title VI, Sec. 646, Nov. 14, 1986, 100 Stat. 3887; Pub. L. 100-271, 
Sec. 1, Mar. 29, 1988, 102 Stat. 45; Pub. L. 100-271, Sec. 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, dissolution, or annulment was dated on 
or after Apr. 1, 1985, would be considered to be a dependent under such 
section 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, Sec. 651(b), Sept. 29, 
1988, 102 Stat. 1990, effective Sept. 29, 1988, or 30 days after the 
Secretary of Defense first makes available a conversion health policy 
(as defined in section 1076(f) of title 10), whichever is later.

                  Section Referred to in Other Sections

    This section is referred to in sections 1040, 1060a, 1062, 1074h, 
1076a, 1076c, 1078a, 1079, 1086, 1086a, 1095d, 1097a, 1108, 1111, 1481, 
1490, 2114, 2147 of this title; title 42 section 1320d.
