
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 513(a)]
[CITE: 10USC1074a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1074a. Medical and dental care: members on duty other than 
        active duty for a period of more than 30 days
        
    (a) Under joint regulations prescribed by the administering 
Secretaries, the following persons are entitled to the benefits 
described in subsection (b):
        (1) Each member of a uniformed service who incurs or aggravates 
    an injury, illness, or disease in the line of duty while 
    performing--
            (A) active duty for a period of 30 days or less;
            (B) inactive-duty training; or
            (C) service on funeral honors duty under section 12503 of 
        this title or section 115 of title 32.

        (2) Each member of a uniformed service who incurs or aggravates 
    an injury, illness, or disease while traveling directly to or from 
    the place at which that member is to perform or has performed--
            (A) active duty for a period of 30 days or less;
            (B) inactive-duty training; or
            (C) service on funeral honors duty under section 12503 of 
        this title or section 115 of title 32.

        (3) Each member of the armed forces who incurs or aggravates an 
    injury, illness, or disease in the line of duty while remaining 
    overnight immediately before the commencement of inactive-duty 
    training, or while remaining overnight, between successive periods 
    of inactive-duty training, at or in the vicinity of the site of the 
    inactive-duty training, if the site is outside reasonable commuting 
    distance from the member's residence.
        (4) Each member of the armed forces who incurs or aggravates an 
    injury, illness, or disease in the line of duty while remaining 
    overnight immediately before serving on funeral honors duty under 
    section 12503 of this title or section 115 of title 32 at or in the 
    vicinity of the place at which the member was to so serve, if the 
    place is outside reasonable commuting distance from the member's 
    residence.

    (b) A person described in subsection (a) is entitled to--
        (1) the medical and dental care appropriate for the treatment of 
    the injury, illness, or disease of that person until the resulting 
    disability cannot be materially improved by further hospitalization 
    or treatment; and
        (2) subsistence during hospitalization.

    (c) A member is not entitled to benefits under subsection (b) if the 
injury, illness, or disease, or aggravation of an injury, illness, or 
disease described in subsection (a)(2), is the result of the gross 
negligence or misconduct of the member.
    (d)(1) The Secretary of the Army shall provide to members of the 
Selected Reserve of the Army who are assigned to units scheduled for 
deployment within 75 days after mobilization the following medical and 
dental services:
        (A) An annual medical screening.
        (B) For members who are over 40 years of age, a full physical 
    examination not less often than once every two years.
        (C) An annual dental screening.
        (D) The dental care identified in an annual dental screening as 
    required to ensure that a member meets the dental standards required 
    for deployment in the event of mobilization.

    (2) The services provided under this subsection shall be provided at 
no cost to the member.
    (e)(1) A member of a uniformed service on active duty for health 
care or recuperation reasons, as described in paragraph (2), is entitled 
to medical and dental care on the same basis and to the same extent as 
members covered by section 1074(a) of this title while the member 
remains on active duty.
    (2) Paragraph (1) applies to a member described in paragraph (1) or 
(2) of subsection (a) who, while being treated for (or recovering from) 
an injury, illness, or disease incurred or aggravated in the line of 
duty, is continued on active duty pursuant to a modification or 
extension of orders, or is ordered to active duty, so as to result in 
active duty for a period of more than 30 days.

(Added Pub. L. 98-94, title X, Sec. 1012(a)(1), Sept. 24, 1983, 97 Stat. 
664; amended Pub. L. 98-525, title VI, Sec. 631(a)(1), Oct. 19, 1984, 98 
Stat. 2542; Pub. L. 98-557, Sec. 19(4), Oct. 30, 1984, 98 Stat. 2869; 
Pub. L. 99-145, title XIII, Sec. 1303(a)(7), Nov. 8, 1985, 99 Stat. 739; 
Pub. L. 99-661, div. A, title VI, Sec. 604(a)(1), Nov. 14, 1986, 100 
Stat. 3874; Pub. L. 104-106, div. A, title VII, Secs. 702(a), 704(a), 
Feb. 10, 1996, 110 Stat. 371, 372; Pub. L. 105-85, div. A, title V, 
Sec. 513(a), Nov. 18, 1997, 111 Stat. 1730; Pub. L. 106-65, div. A, 
title V, Sec. 578(i)(1), title VII, Sec. 705(b), Oct. 5, 1999, 113 Stat. 
629, 683.)


                               Amendments

    1999--Subsec. (a)(1)(C). Pub. L. 106-65, Sec. 578(i)(1)(A), added 
subpar. (C).
    Subsec. (a)(2)(C). Pub. L. 106-65, Sec. 578(i)(1)(A), added subpar. 
(C).
    Subsec. (a)(4). Pub. L. 106-65, Sec. 578(i)(1)(B), added par. (4).
    Subsec. (e). Pub. L. 106-65, Sec. 705(b), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``A member 
of a uniformed service described in paragraph (1)(A) or (2)(A) of 
subsection (a) whose orders are modified or extended, while the member 
is being treated for (or recovering from) the injury, illness, or 
disease incurred or aggravated in the line of duty, so as to result in 
active duty for a period of more than 30 days shall be entitled, while 
the member remains on active duty, to medical and dental care on the 
same basis and to the same extent as members covered by section 1074(a) 
of this title.''
    1997--Subsec. (a)(3). Pub. L. 105-85, Sec. 513(a)(1), inserted 
``while remaining overnight immediately before the commencement of 
inactive-duty training, or'' after ``in the line of duty''.
    Subsec. (e). Pub. L. 105-85, Sec. 513(a)(2), added subsec. (e).
    1996--Subsec. (a)(3). Pub. L. 104-106, Sec. 702(a), added par. (3).
    Subsec. (c). Pub. L. 104-106, Sec. 704(a)(1), substituted 
``subsection (b)'' for ``this section''.
    Subsec. (d). Pub. L. 104-106, Sec. 704(a)(2), added subsec. (d).
    1986--Pub. L. 99-661 amended section generally substituting ``active 
duty for a period of more than 30 days'' for ``active duty; injuries, 
diseases and illnesses incident to duty'' in section catchline and new 
text for prior text which read as follows:
    ``(a) Under joint regulations prescribed by the administering 
Secretaries, the following persons are entitled to the benefits 
described in subsection (b):
        ``(1) Each member of a uniformed service who contracts a disease 
    or becomes ill in line of duty while on active duty for a period of 
    30 days or less, or while traveling to or from that duty.
        ``(2) Each member of the National Guard who contracts 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 contracts 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 inactive duty 
    training.
        ``(4) Each member of a uniformed service who incurs 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 Secretaries 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 amendment of subsec. 
(a) by substituting ``administering Secretaries'' 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 participate 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) generally, thereby 
including treatment of diseases or illnesses.


                    Effective Date of 1986 Amendment

    Section 604(g) of Pub. L. 99-661 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 sections 318-321 of Title 32, National Guard] shall apply with 
respect to persons who, after the date of enactment of this Act [Nov. 
14, 1986], incur or aggravate an injury, illness, or disease or die.''


                    Effective Date of 1984 Amendment

    Section 631(c) of Pub. L. 98-525 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

    Section 1012(c) of Pub. L. 98-94 provided that: ``The amendments 
made by subsections (a) and (b) [enacting this section and amending 
section 204 of Title 37, Pay and Allowances of the Uniformed Services] 
shall apply only in cases of injuries incurred or aggravated on or after 
the date of the enactment of this Act [Sept. 24, 1983].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1074d, 1076, 12322 of this 
title; title 37 section 204.
