
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1074d]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1074d. Certain primary and preventive health care services

    (a) Services Available.--(1) Female members and former members of 
the uniformed services entitled to medical care under section 1074 or 
1074a of this title shall also be entitled to primary and preventive 
health care services for women as part of such medical care.
    (2) Male members and former members of the uniformed services 
entitled to medical care under section 1074 or 1074a of this title shall 
also be entitled to preventive health care screening for colon or 
prostate cancer at such intervals and using such screening methods as 
the administering Secretaries consider appropriate.
    (b) Definition.--In this section, the term ``primary and preventive 
health care services for women'' means health care services, including 
related counseling services, provided to women with respect to the 
following:
        (1) Papanicolaou tests (pap smear).
        (2) Breast examinations and mammography.
        (3) Comprehensive obstetrical and gynecological care, including 
    care related to pregnancy and the prevention of pregnancy.
        (4) Infertility and sexually transmitted diseases, including 
    prevention.
        (5) Menopause, including hormone replacement therapy and 
    counseling regarding the benefits and risks of hormone replacement 
    therapy.
        (6) Physical or psychological conditions arising out of acts of 
    sexual violence.
        (7) Gynecological cancers.
        (8) Colon cancer screening, at the intervals and using the 
    screening methods prescribed under subsection (a)(2).

(Added Pub. L. 103-160, div. A, title VII, Sec. 701(a)(1), Nov. 30, 
1993, 107 Stat. 1685; amended Pub. L. 104-201, div. A, title VII, 
Sec. 701(a)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2587.)


                               Amendments

    1996--Pub. L. 104-201, Sec. 701(a)(2)(A), amended catchline 
generally, substituting ``Certain primary and preventive health care 
services'' for ``Primary and preventive health care services for 
women''.
    Subsec. (a). Pub. L. 104-201, Sec. 701(a)(1)(A), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (b)(8). Pub. L. 104-201, Sec. 701(a)(1)(B), added par. (8).


                 Defense Women's Health Research Program

    Pub. L. 103-337, div. A, title II, Sec. 241, Oct. 5, 1994, 108 Stat. 
2701, provided that:
    ``(a) Continuation of Program.--The Secretary of Defense shall 
continue the Defense Women's Health Research Program established in 
fiscal year 1994 pursuant to the authority in section 251 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1606) [set out below]. The program shall continue to 
serve as the coordinating agent for multi-disciplinary and multi-
institutional research within the Department of Defense on women's 
health issues related to service in the Armed Forces. The program also 
shall continue to coordinate with research supported by other Federal 
agencies that is aimed at improving the health of women.
    ``(b) Participation by All Military Departments.--The Departments of 
the Army, Navy, and Air Force shall each participate in the activities 
under the program.
    ``(c) Army To Be Executive Agent.--The Secretary of Defense shall 
designate the Secretary of the Army to be the executive agent for 
administering the program.
    ``(d) Implementation Plan.--If the Secretary of Defense intends to 
change the plan for the implementation of the program previously 
submitted to the Committees on Armed Services of the Senate and House of 
Representatives, the amended plan shall be submitted to such committees 
before implementation.
    ``(e) Program Activities.--The program shall include the following 
activities regarding health risks and health care for women in the Armed 
Forces:
        ``(1) The coordination and support activities described in 
    section 251 of Public Law 103-160 [set out below].
        ``(2) Epidemiologic research regarding women deployed for 
    military operations, including research on patterns of illness and 
    injury, environmental and occupational hazards (including exposure 
    to toxins), side-effects of pharmaceuticals used by women so 
    deployed, psychological stress associated with military training, 
    deployment, combat and other traumatic incidents, and other 
    conditions of life, and human factor research regarding women so 
    deployed.
        ``(3) Development of a data base to facilitate long-term 
    research studies on issues related to the health of women in 
    military service, and continued development and support of a women's 
    health information clearinghouse to serve as an information resource 
    for clinical, research, and policy issues affecting women in the 
    Armed Forces.
        ``(4) Research on policies and standards issues, including 
    research supporting the development of military standards related to 
    training, operations, deployment, and retention and the relationship 
    between such activities and factors affecting women's health.
        ``(5) Research on interventions having a potential for 
    addressing conditions of military service that adversely affect the 
    health of women in the Armed Forces.
    ``(f) Funding.--Of the amount authorized to be appropriated pursuant 
to section 201 [108 Stat. 2690], $40,000,000 shall be available for the 
Defense Women's Health Research Program referred to in subsection (a).''
    Pub. L. 103-160, div. A, title II, Sec. 251, Nov. 30, 1993, 107 
Stat. 1606, provided that:
    ``(a) Authority To Establish Center.--The Secretary of Defense may 
establish a Defense Women's Health Research Center (hereinafter in this 
section referred to as the `Center') at an existing Department of 
Defense medical center to serve as the coordinating agent for 
multidisciplinary and multi-institutional research within the Department 
of Defense on women's health issues related to service in the Armed 
Forces. The Secretary shall determine whether or not to establish the 
Center not later than May 1, 1994. If established, the Center shall also 
coordinate with research supported by the Department of Health and Human 
Services and other agencies that is aimed at improving the health of 
women.
    ``(b) Support of Research.--The Center shall support health research 
into matters relating to the service of women in the military, including 
the following matters:
        ``(1) Combat stress and trauma.
        ``(2) Exposure to toxins and other environmental hazards 
    associated with military equipment.
        ``(3) Psychology related stress in warfare situations.
        ``(4) Mental health, including post-traumatic stress disorder 
    and depression.
        ``(5) Human factor studies related to women in combat areas.
    ``(c) Competition Requirement Relating to Establishment of Center.--
The Center may be established only pursuant to a competition among 
existing Department of Defense medical centers.
    ``(d) Implementation Plan.--The Secretary of Defense shall prepare a 
plan for the implementation of subsection (a). The plan shall be 
submitted to the Committees on Armed Services of the Senate and House of 
Representatives before May 1, 1994.
    ``(e) Activities for Fiscal Year 1994.--During fiscal year 1994, the 
Center may address the following:
        ``(1) Program planning, infrastructure development, baseline 
    information gathering, technology infusion, and connectivity.
        ``(2) Management and technical staffing.
        ``(3) Data base development of health issues related to service 
    by women on active duty as compared to service by women in the 
    National Guard or Reserves.
        ``(4) Research protocols, cohort development, health 
    surveillance, and epidemiologic studies, to be developed in 
    coordination with the Centers for Disease Control and the National 
    Institutes of Health whenever possible.
    ``(f) Funding.--Of the funds authorized to be appropriated pursuant 
to section 201 [107 Stat. 1583], $20,000,000 shall be available for the 
establishment of the Center or for medical research at existing 
Department of Defense medical centers into matters relating to service 
by women in the military.
    ``(g) Report.--(1) If the Secretary of Defense determines not to 
establish a women's health center under subsection (a), the Secretary 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives, not later than May 1, 1994, a report on the plans of 
the Secretary for the use of the funds described in subsection (f).
    ``(2) If the Secretary determines to establish the Center, the 
Secretary shall, not less than 60 days before the establishment of the 
Center, submit to those committees a report describing the planned 
location for the Center and the competitive process used in the 
selection of that location.''


Report on Provision of Primary and Preventative Health Care Services for 
                                  Women

    Section 735 of Pub. L. 103-160 provided that:
    ``(a) Report Required.--The Secretary of Defense shall prepare a 
report evaluating the provision of primary and preventive health care 
services through military medical treatment facilities and the Civilian 
Health and Medical Program of the Uniformed Services to female members 
of the uniformed services and female covered beneficiaries eligible for 
health care under chapter 55 of title 10, United States Code.
    ``(b) Contents.--The report required by subsection (a) shall contain 
the following:
        ``(1) A description of the number and types of health care 
    providers who are providing health care services in military medical 
    treatment facilities or through the Civilian Health and Medical 
    Program of the Uniformed Services to female members and female 
    covered beneficiaries.
        ``(2) A description of the health care programs implemented (or 
    planned) by the administering Secretaries to assess the health needs 
    of women or to meet the special health needs of women.
        ``(3) A description of the demographics of the population of 
    female members and female covered beneficiaries and the leading 
    categories of morbidity and mortality among such members and 
    beneficiaries.
        ``(4) A description of any actions, including the use of special 
    pays and incentives, undertaken by the Secretary during fiscal year 
    1993--
            ``(A) to ensure the retention of health care providers who 
        are providing health care services to female members and female 
        covered beneficiaries;
            ``(B) to recruit additional health care providers to provide 
        such health care services; and
            ``(C) to replace departing health care providers who 
        provided such health care services.
        ``(5) A description of any existing or proposed programs to 
    encourage specialization of health care providers in fields related 
    to primary and preventive health care services for women.
        ``(6) An assessment of any difficulties experienced by military 
    medical treatment facilities or health care providers under the 
    Civilian Health and Medical Program of the Uniformed Services in 
    furnishing primary and preventive health care services for women and 
    a description of the actions taken by the Secretary to resolve such 
    difficulties.
        ``(7) A description of the actions taken by the Secretary to 
    foster and encourage the expansion of research relating to health 
    care issues of concern to female members of the uniformed services 
    and female covered beneficiaries.
    ``(c) Study of the Needs of Female Members and Female Covered 
Beneficiaries for Health Care Services.--(1) As part of the report 
required by subsection (a), the Secretary shall conduct a study to 
determine the needs of female members of the uniformed services and 
female covered beneficiaries for health care services, including primary 
and preventive health care services for women.
    ``(2) The study shall examine the health care needs of current 
female members and female covered beneficiaries and anticipated future 
female members and female covered beneficiaries, taking into 
consideration the anticipated size and composition of the Armed Forces 
in the year 2000 and the demographics of the entire United States.
    ``(d) Submission and Revision.--The Secretary shall submit to 
Congress the report required by subsection (a) not later than October 1, 
1994. The Secretary shall revise and resubmit the report to Congress not 
later than October 1, 1999.
    ``(e) Definitions.--For purposes of this section:
        ``(1) The term `primary and preventive health care services for 
    women' has the meaning given that term in section 1074d(b) of title 
    10, United States Code, as added by section 701(a)).
        ``(2) The term `covered beneficiary' has the meaning given that 
    term in section 1072(5) of such title.''

                  Section Referred to in Other Sections

    This section is referred to in section 1077 of this title.
