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10 U.S.C. § 1044c (ARMED FORCES)
§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States
(a) Instruments To Be Given Legal Effect Without Regard to State Law.—
An advance medical directive executed by a person eligible for legal assistance—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and
(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
(b) Advance Medical Directives.—
For purposes of this section, an advance medical directive is any written declaration that—
(1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent vegetative state; or
(2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions.
(c) Statement To Be Included.—
(1) Under regulations prescribed by the Secretary concerned, an advance medical directive prepared by an attorney authorized to provide legal assistance shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that paragraph.
(d) States Not Recognizing Advance Medical Directives.—
Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State.
(e) Definitions.—
In this section:
(1) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
(2) The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
(3) The term “legal assistance” means legal services authorized under section 1044 of this title.
(Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title VII, § 749(b), Feb. 10, 1996, 110 Stat. 389, provided that: “Section 1044c of title 10, United States Code, shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to advance medical directives referred to in that section that are executed before, on, or after that date.”
10 U.S.C. § 1044f (ARMED FORCES)
§ 1044f. Policies with respect to special trial counsel
(a) Policies Required.—
The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall—
(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen;
(2) provide for the appointment of one lead special trial counsel, who shall—
(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice;
(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and
(C) report directly to the Secretary concerned, without intervening authority;
(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—
(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and
(B) conduct assigned activities free from unlawful or unauthorized influence or coercion;
(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and
(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel.
(b) Uniformity.—
The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure.
(c) Military Service Defined.—
In this section, the term “military service” means the Army, Navy, Air Force, Marine Corps, and Space Force.
(Added Pub. L. 117–81, div. A, title V, § 532(a), Dec. 27, 2021, 135 Stat. 1694.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 801 of this title.
10 U.S.C. § 1046 (ARMED FORCES)
§ 1046. Overseas temporary foster care program
(a) Program Authorized.—
The Secretary concerned may establish a program to provide temporary foster care services outside the United States for children accompanying members of the armed forces on duty at stations outside the United States. The foster care services provided under such a program shall be similar to those services provided by State and local governments in the United States.
(b) Expenses.—
Under regulations prescribed by the Secretary concerned, the expenses related to providing foster care services under subsection (a) may be paid from appropriated funds available to the Secretary.
(Added Pub. L. 102–484, div. A, title VI, § 651(a), Oct. 23, 1992, 106 Stat. 2425.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1046, added Pub. L. 98–525, title VII, § 708(a)(1), Oct. 19, 1984, 98 Stat. 2572, related to preseparation counseling, prior to repeal by Pub. L. 101–510, div. A, title V, § 502(b)(1), Nov. 5, 1990, 104 Stat. 1557.
10 U.S.C. § 1050a...1051a (ARMED FORCES)
[§§ 1050a to 1051a. Repealed. Pub. L. 114–328, div. A, title XII, § 1243(b)(1), Dec. 23, 2016, 130 Stat. 2516]
text: Section 1050a, added Pub. L. 111–383, div. A, title XII, § 1204(a), Jan. 7, 2011, 124 Stat. 4386, related to the payment of personnel expenses for African cooperation.
text: Section 1051, added Pub. L. 99–661, div. A, title XIII, § 1322(a), Nov. 14, 1986, 100 Stat. 3989; amended Pub. L. 101–189, div. A, title IX, § 936, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–510, div. A, title XIII, § 1301(5), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–484, div. A, title XIII, § 1362, Oct. 23, 1992, 106 Stat. 2560; Pub. L. 107–314, div. A, title XII, § 1202(a), Dec. 2, 2002, 116 Stat. 2663; Pub. L. 109–163, div. A, title XII, § 1203, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–417, [div. A], title XII, § 1231(a), (b)(1), (c)(1), Oct. 14, 2008, 122 Stat. 4636, 4637, related to the payment of expenses for multilateral, bilateral, or regional cooperation programs.
text: Section 1051a, added Pub. L. 107–314, div. A, title XII, § 1201(a)(1), Dec. 2, 2002, 116 Stat. 2662; amended Pub. L. 109–13, div. A, title I, § 1010, May 11, 2005, 119 Stat. 244; Pub. L. 109–163, div. A, title XII, § 1205, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–181, div. A, title XII, § 1203(a)–(e)(1), Jan. 28, 2008, 122 Stat. 364, 365; Pub. L. 111–84, div. A, title XII, § 1205(a), Oct. 28, 2009, 123 Stat. 2514; Pub. L. 113–291, div. A, title XII, § 1203, Dec. 19, 2014, 128 Stat. 3530, related to the payment of travel, subsistence, medical care, and other personal expenses and the provision of administrative services and support to liaison officers of certain foreign nations.
heading: Statutory Notes and Related Subsidiaries
heading: Air Force Scholarships for Partnership for Peace Nations To Participate in the Euro-NATO Joint Jet Pilot Training Program
text: Pub. L. 111–383, div. A, title XII, § 1206, Jan. 7, 2011, 124 Stat. 4387, permitted the Secretary of the Air Force to establish and maintain a demonstration scholarship program, until Sept. 30, 2012, to allow personnel of the air forces of countries that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program.
10 U.S.C. § 1060b (ARMED FORCES)
§ 1060b. Military ID cards: dependents and survivors of retirees
(a) Issuance of Permanent ID Card.—
(1) In issuing military ID cards to retiree dependents, the Secretary concerned shall issue a permanent ID card (not subject to renewal) to any such retiree dependent as follows:
(A) A retiree dependent who has attained 75 years of age.
(B) A retiree dependent who is permanently disabled.
(2) A permanent ID card shall be issued to a retiree dependent under paragraph (1)(A) upon the expiration, after the retiree dependent attains 75 years of age, of any earlier, renewable military card or, if earlier, upon the request of the retiree dependent after attaining age 75.
(b) Definitions.—
In this section:
(1) The term “military ID card” means a card or other form of identification used for purposes of demonstrating eligibility for any benefit from the Department of Defense.
(2) The term “retiree dependent” means a person who is a dependent of a retired member of the uniformed services, or a survivor of a deceased retired member of the uniformed services, who is eligible for any benefit from the Department of Defense.
(Added Pub. L. 108–375, div. A, title V, § 583(a)(1), Oct. 28, 2004, 118 Stat. 1929; amended Pub. L. 109–364, div. A, title V, § 598(a), (b)(1), Oct. 17, 2006, 120 Stat. 2237.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–364, § 598(b)(1), struck out “; issuance of permanent ID card after attaining 75 years of age” after “retirees” in section catchline.
Subsec. (a). Pub. L. 109–364, § 598(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In issuing military ID cards to retiree dependents, the Secretary concerned shall issue a permanent ID card (not subject to renewal) to any such retiree dependent who has attained 75 years of age. Such a permanent ID card shall be issued upon the expiration, after the retiree dependent attains 75 years of age, of any earlier, renewable military ID card or, if earlier, upon the request of such a retiree dependent after attaining age 75.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 108–375, div. A, title V, § 583(b), Oct. 28, 2004, 118 Stat. 1929, provided that: “Section 1060b of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2004.”
10 U.S.C. § 1060c (ARMED FORCES)
§ 1060c. Provision of veterinary services in emergencies
(a) In General.—
A veterinary professional described in subsection (b) may provide veterinary services for the purposes described in subsection (c) in any State, the District of Columbia, or a territory or possession of the United States, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense.
(b) Veterinary Professional Described.—
A veterinary professional described in this subsection is an individual who is—
(1)
(A) a member of the armed forces, a civilian employee of the Department of Defense, or otherwise credentialed and privileged at a Federal veterinary institution or location designated by the Secretary of Defense for purposes of this section; or
(B) a member of the National Guard performing training or duty under section 502(f) of title 32;
(2) certified as a veterinary professional by a certification recognized by the Secretary of Defense; and
(3) currently licensed by a State, the District of Columbia, or a territory or possession of the United States to provide veterinary services.
(c) Purposes Described.—
The purposes described in this subsection are veterinary services in response to any of the following:
(1) A national emergency declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
(2) A major disaster or an emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
(3) A public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).
(4) An extraordinary emergency, as determined by the Secretary of Agriculture under section 10407(b) of the Animal Health Protection Act (7 U.S.C. 8306(b)).
(Added Pub. L. 116–92, div. A, title VII, § 735(a), Dec. 20, 2019, 133 Stat. 1462.)
heading: Editorial Notes
heading: References in Text
text: The National Emergencies Act, referred to in subsec. (c)(1), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
10 U.S.C. § 1064 (ARMED FORCES)
§ 1064. Use of commissary stores and MWR retail facilities: members of National Guard serving in federally declared disaster or national emergency
(a) Eligibility of Members.—
A member of the National Guard who, although not in Federal service, is called or ordered to duty in response to a federally declared disaster or national emergency shall be permitted to use commissary stores and MWR retail facilities during the period of such duty on the same basis as members of the armed forces on active duty.
(b) Eligibility of Dependents.—
A dependent of a member of the National Guard who is permitted under subsection (a) to use commissary stores and MWR retail facilities shall be permitted to use such stores and facilities, during the same period as the member, on the same basis as dependents of members of the armed forces on active duty.
(c) Definitions.—
In this section:
(1) Federally declared disaster.—
The term “federally declared disaster” means a disaster or other situation for which a Presidential declaration of major disaster is issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(2) MWR retail facilities.—
The term “MWR retail facilities” has the meaning given that term in section 1063(e) of this title.
(3) National emergency.—
The term “national emergency” means a national emergency declared by the President or Congress.
(Added Pub. L. 105–261, div. A, title III, § 362(c), Oct. 17, 1998, 112 Stat. 1985, § 1063a; amended Pub. L. 107–314, div. A, title III, § 322(a), (b)(1), Dec. 2, 2002, 116 Stat. 2510; renumbered § 1064 and amended Pub. L. 108–136, div. A, title VI, § 651(b)(2), (3), Nov. 24, 2003, 117 Stat. 1521.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1064, added Pub. L. 101–510, div. A, title III, § 321(b), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title III, § 362(b), (d)(2), Oct. 17, 1998, 112 Stat. 1984, 1985, related to use of commissary stores by persons qualified for retired pay but under age 60, prior to repeal by Pub. L. 108–136, div. A, title VI, § 651(b)(1), Nov. 24, 2003, 117 Stat. 1521.
heading: Amendments
text: 2003—Pub. L. 108–136, § 651(b)(3), renumbered section 1063a of this title as this section.
Subsec. (c)(2). Pub. L. 108–136, § 651(b)(2), substituted “section 1063(e)” for “section 1065(e)”.
2002—Pub. L. 107–314, § 322(b)(1), inserted “or national emergency” after “disaster” in section catchline.
Subsec. (a). Pub. L. 107–314, § 322(a)(1), inserted “or national emergency” after “disaster”.
Subsec. (c)(3). Pub. L. 107–314, § 322(a)(2), added par. (3).
10 U.S.C. § 1073f (ARMED FORCES)
§ 1073f. Health care fraud and abuse prevention program
(a) Program Authorized.—
(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
(b) Civil Monetary Penalties.—
(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—
(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
(c) Interagency Agreements.—
The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
(d) Rule of Construction.—
Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
(e) Fraud and Abuse Defined.—
In this section, the term “fraud and abuse” means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).
(Added Pub. L. 117–81, div. A, title VII, § 713(a), Dec. 27, 2021, 135 Stat. 1784.)
10 U.S.C. § 1074b (ARMED FORCES)
§ 1074b. Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC
(a) Eligibility.—
Under joint regulations prescribed by the administering Secretaries, the following persons are, except as provided in subsection (c), entitled to the benefits described in subsection (b):
(1) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, and a midshipman at the United States Naval Academy, who incurs or aggravates an injury, illness, or disease in the line of duty.
(2) A member of, and a designated applicant for membership in, the Senior Reserve Officers’ Training Corps who incurs or aggravates an injury, illness, or disease—
(A) in the line of duty while performing duties under section 2109 of this title;
(B) while traveling directly to or from the place at which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or
(C) in the line of duty while remaining overnight immediately before the commencement of duties performed pursuant to section 2109 of this title or, while remaining overnight, between successive periods of performing duties pursuant to section 2109 of this title, at or in the vicinity of the site of the duties performed pursuant to section 2109 of this title, if the site is outside reasonable commuting distance from the residence of the member or designated applicant.
(b) Benefits.—
A person eligible for benefits under subsection (a) for an injury, illness, or disease is entitled to—
(1) the medical and dental care under this chapter that is appropriate for the treatment of the injury, illness, or disease until the injury, illness, disease, or any resulting disability cannot be materially improved by further hospitalization or treatment; and
(2) meals during hospitalization.
(c) Exception for Gross Negligence or Misconduct.—
A person is not entitled to benefits under subsection (b) for an injury, illness, or disease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of that person.
(Added Pub. L. 108–375, div. A, title V, § 555(a)(1), Oct. 28, 2004, 118 Stat. 1913.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1074b, added Pub. L. 102–190, div. A, title VI, § 640(a)(2), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(10), Feb. 10, 1996, 110 Stat. 499, which related to transitional medical and dental care for members on active duty in support of contingency operations, was repealed by Pub. L. 107–107, div. A, title VII, § 736(c)(1), (d), Dec. 28, 2001, 115 Stat. 1173, with provision that the section, as in effect before Dec. 28, 2001, was to continue to apply to a member of the Armed Forces who was released from active duty in support of a contingency operation before that date.
Another prior section 1074b was renumbered section 1074c of this title.
10 U.S.C. § 1074c (ARMED FORCES)
§ 1074c. Medical care: authority to provide a wig
A person entitled to medical care under this chapter who has alopecia resulting from the treatment of a malignant disease may be furnished a wig if the person has not previously been furnished one at the expense of the United States.
(Added Pub. L. 98–525, title XIV, § 1401(e)(2)(A), Oct. 19, 1984, 98 Stat. 2616, § 1074b; renumbered § 1074c, Pub. L. 102–190, div. A, title VI, § 640(a)(1), Dec. 5, 1991, 105 Stat. 1385.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8033], Oct. 12, 1984, 98 Stat. 1904, 1929.
Pub. L. 98–212, title VII, § 739, Dec. 8, 1983, 97 Stat. 1445.
Pub. L. 97–377, title I, § 101(c) [title VII, § 742], Dec. 21, 1982, 96 Stat. 1833, 1858.
Pub. L. 97–114, title VII, § 743, Dec. 29, 1981, 95 Stat. 1586.
Pub. L. 96–527, title VII, § 744, Dec. 15, 1980, 94 Stat. 3089.
heading: Amendments
text: 1991—Pub. L. 102–190 renumbered section 1074b of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.