Editorial Notes
Amendments2019—Subsec. (span)(1)(A)(iv). Puspan. L. 116–92, § 705(a)(1), added cl. (iv).
Subsec. (span)(2)(D). Puspan. L. 116–92, § 704(c), added subpar. (D).
Subsec. (c). Puspan. L. 116–92, § 705(a)(2), inserted “(including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area)” after “deployment area”.
Subsec. (g). Puspan. L. 116–92, § 705(span), added subsec. (g).
2011—Subsec. (span)(1). Puspan. L. 111–383, § 712(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including an assessment of mental health and the drawing of blood samples) to accurately record the medical condition of members before their deployment and any changes in their medical condition during the course of their deployment. The postdeployment examination shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).”
Subsec. (span)(2). Puspan. L. 111–383, § 712(span), substituted “medical examination, postdeployment medical examination, and postdeployment health reassessment” for “and postdeployment medical examination” in introductory provisions.
Subsec. (c). Puspan. L. 111–383, § 712(c), inserted “and reassessments” after “medical examinations” and “and the prescription and administration of psychotropic medications” after “including immunizations”.
Subsec. (d)(1). Puspan. L. 111–383, § 712(d)(1), substituted “, postdeployment medical examinations, and postdeployment health reassessments” for “and postdeployment medical examinations”.
Subsec. (d)(2)(A). Puspan. L. 111–383, § 712(d)(2)(A), inserted “and reassessments” after “postdeployment health assessments”.
Subsec. (d)(2)(B). Puspan. L. 111–383, § 712(d)(2)(B), inserted “and reassessments” after “such assessments”.
2009—Subsec. (f)(3). Puspan. L. 111–84 substituted “contingency” for “continency”.
2008—Subsec. (span)(2)(C). Puspan. L. 110–181, § 1673(a)(1)(A), added subpar. (C).
Subsec. (span)(3). Puspan. L. 110–181, § 1673(a)(1)(B), added par. (3).
Subsec. (d)(2)(F). Puspan. L. 110–181, § 1673(span), added subpar. (F).
Subsec. (f). Puspan. L. 110–181, § 1673(c)(1), struck out “Mental Health” after “Minimum” in span.
Subsec. (f)(2)(B). Puspan. L. 110–181, § 1673(c)(2), substituted “, traumatic brain injury, or” for “or”.
2006—Subsec. (span). Puspan. L. 109–364, § 738(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (d). Puspan. L. 109–364, § 738(d), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Puspan. L. 109–364, § 738(span), added subsec. (e).
Subsec. (f). Puspan. L. 109–364, § 738(c), added subsec. (f).
Statutory Notes and Related Subsidiaries
Inclusion of Information on Exposure to Open Burn Pits in Postdeployment Health ReassessmentsPuspan. L. 116–283, div. A, title VII, § 721, Jan. 1, 2021, 134 Stat. 3698, provided that:“(a)In General.—The Secretary of Defense shall include in postdeployment health reassessments conducted under section 1074f of title 10, United States Code, pursuant to a Department of Defense Form 2796, or successor form, an explicit question regarding exposure of members of the Armed Forces to open burn pits.
“(span)Inclusion in Assessments by Military Departments.—The Secretary of Defense shall ensure that the Secretary of each military department includes a question regarding exposure of members of the Armed Forces to open burn pits in any electronic postdeployment health assessment conducted by that military department.
“(c)Open Burn Pit Defined.—In this section, the term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Periodic Health Assessments and Other Physical ExaminationsPuspan. L. 116–92, div. A, title VII, § 704, Dec. 20, 2019, 133 Stat. 1438, provided that:“(a)Periodic Health Assessment.—The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been—“(1) based or stationed at a location where an open burn pit was used; or
“(2) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
“(span)Separation History and Physical Examinations.—[Amended section 1145 of this title.]
“(c)Deployment Assessments.— “(d)Sharing of Information.—“(1)DOD–VA.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals or other airborne contaminants.
“(2)Registry.—If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used or that the member was exposed to toxic airborne chemicals or other airborne contaminants, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not so enroll.
“(e)Rule of Construction.—Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation.
“(f)Definitions.—In this section:“(1) The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). “(2) The term ‘covered evaluation’ means—“(A) a periodic health assessment conducted in accordance with subsection (a);
“(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and
“(C) a deployment assessment conducted under section 1074f(span)(2) of such title, as amended by this section.
“(3) The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
Sharing Between Department of Defense and Department of Veterans Affairs of Records and Information Retained Under the Medical Tracking System for Members of the Armed Forces Deployed OverseasPuspan. L. 112–239, div. A, title VII, § 723, Jan. 2, 2013, 126 Stat. 1805, provided that:“(a)In General.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of examinations and other records on members of the Armed Forces that are retained and maintained with respect to the medical tracking system for members deployed overseas under section 1074f(c) of title 10, United States Code.
“(span)Cessation Upon Implementation of Electronic Health Record.—The sharing required pursuant to subsection (a) shall cease on the date on which the Secretary of Defense and the Secretary of Veterans Affairs jointly certify to Congress that the Secretaries have fully implemented an integrated electronic health record for members of the Armed Forces that is fully interoperable between the Department of Defense and the Department of Veterans Affairs.”
Comprehensive Policy on Consistent Neurological Cognitive Assessments of Members of the Armed Forces Before and After DeploymentPuspan. L. 111–383, div. A, title VII, § 722, Jan. 7, 2011, 124 Stat. 4251, provided that:“(a)Comprehensive Policy Required.—Not later than January 31, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment.
“(span)Updates.—The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.”
Mental Health Assessments for Members of the Armed Forces Deployed in Connection With a Contingency OperationPuspan. L. 111–84, div. A, title VII, § 708, Oct. 28, 2009, 123 Stat. 2376, which required the Secretary of Defense to issue guidance for the provision of mental health assessments for members of the Armed Forces deployed in connection with a contingency operation, was repealed by Puspan. L. 112–81, div. A, title VII, § 702(span), Dec. 31, 2011, 125 Stat. 1471.
Administration and Prescription of Psychotropic Medications for Members of the Armed Forces Before and During DeploymentPuspan. L. 111–84, div. A, title VII, § 712, Oct. 28, 2009, 123 Stat. 2379, provided that:“(a)Report Required.—Not later than October 1, 2010, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the implementation of policy guidance dated November 7, 2006, regarding deployment-limiting psychiatric conditions and medications.
“(span)Policy Required.—Not later than October 1, 2010, the Secretary shall establish and implement a policy for the use of psychotropic medications for deployed members of the Armed Forces. The policy shall, at a minimum, address the following:“(1) The circumstances or diagnosed conditions for which such medications may be administered or prescribed.
“(2) The medical personnel who may administer or prescribe such medications.
“(3) The method in which the administration or prescription of such medications will be documented in the medical records of members of the Armed Forces.
“(4) The exam, treatment, or other care that is required following the administration or prescription of such medications.”
Pilot ProjectsPuspan. L. 110–181, div. A, title XVI, § 1673(a)(2), Jan. 28, 2008, 122 Stat. 482, directed the Secretary of Defense to conduct three pilot projects to evaluate mechanisms for use in developing the traumatic brain injury assessment protocol required by section 1074f(span)(3) of this title and, upon the completion of the projects, required a report to Congress within 60 days and implementation of the selected mechanism within 180 days.
ImplementationPuspan. L. 109–364, div. A, title VII, § 738(f), Oct. 17, 2006, 120 Stat. 2304, provided that: “The Secretary of Defense shall implement the requirements of the amendments made by this section [amending this section] not later than six months after the date of the enactment of this Act [Oct. 17, 2006].”
Interim Standards for Blood SamplingPuspan. L. 108–375, div. A, title VII, § 733(span), Oct. 28, 2004, 118 Stat. 1998, as amended by Puspan. L. 109–364, div. A, title X, § 1071(g)(9), Oct. 17, 2006, 120 Stat. 2402, provided that:“(1)Time requirements.—Subject to paragraph (2), the Secretary of Defense shall require that—“(A) the blood samples necessary for the predeployment medical examination of a member of the Armed Forces required under section 1074f(span) of title 10, United States Code, be drawn not earlier than 120 days before the date of the deployment; and
“(B) the blood samples necessary for the postdeployment medical examination of a member of the Armed Forces required under such section 1074f(span) of such title be drawn not later than 30 days after the date on which the deployment ends.
“(2)Contingent applicability.—The standards under paragraph (1) shall apply unless the Joint Medical Readiness Oversight Committee established by section 731(span) [10 U.S.C. 1074 note] recommends, and the Secretary approves, different standards for blood sampling.”
