10 USC 1076 - TRICARE dental program

Editorial Notes

Prior Provisions

A prior section 1076a, added Puspan. L. 99–145, title VI, § 651(a)(1), Nov. 8, 1985, 99 Stat. 655; amended Puspan. L. 99–661, div. A, title VII, § 707(a), (span), Nov. 14, 1986, 100 Stat. 3905; Puspan. L. 102–190, div. A, title VII, § 701, Dec. 5, 1991, 105 Stat. 1399; Puspan. L. 102–484, div. A, title VII, § 701(a)–(e), Oct. 23, 1992, 106 Stat. 2430; Puspan. L. 103–337, div. A, title VII, §§ 702(span), 703(a), 707(span), Oct. 5, 1994, 108 Stat. 2797, 2798, 2800; Puspan. L. 105–85, div. A, title VII, § 732, Nov. 18, 1997, 111 Stat. 1812; Puspan. L. 105–261, div. A, title VII, § 701(a)(1), (span), Oct. 17, 1998, 112 Stat. 2056; Puspan. L. 106–65, div. A, title X, § 1066(a)(8), Oct. 5, 1999, 113 Stat. 770; Puspan. L. 106–398, § 1 [[div. A], title X, § 1087(d)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, related to dependents’ dental program, prior to repeal by Puspan. L. 106–65, div. A, title VII, § 711(a), Oct. 5, 1999, 113 Stat. 685.

Amendments

2023—Subsec. (d)(1)(E)(i). Puspan. L. 118–31 substituted “subsection (e)(3))” for “subsection (e)(3)”.

2022—Subsec. (span). Puspan. L. 117–263, § 701(a)(1), designated existing provisions as par. (1), inserted span, and added par. (2).

Subsec. (d)(1)(B). Puspan. L. 117–263, § 701(a)(2)(A), substituted “During the period preceding January 1, 2026, the member’s” for “The member’s”.

Subsec. (d)(1)(C). Puspan. L. 117–263, § 701(a)(2)(B), substituted “of each year during the period preceding January 1, 2026,” for “of each year,” in introductory provisions.

Subsec. (d)(1)(D). Puspan. L. 117–263, § 701(a)(2)(C), substituted “During the period preceding January 1, 2026, the Secretary of Defense” for “The Secretary of Defense”.

Subsec. (d)(1)(E), (F). Puspan. L. 117–263, § 701(a)(2)(D), added subpars. (E) and (F).

Subsec. (e)(3). Puspan. L. 117–263, § 701(a)(3), added par. (3).

Subsec. (j). Puspan. L. 117–263, § 701(a)(4), substituted “During the period preceding January 1, 2026, the Secretary of Defense may not reduce benefits provided under a plan established under this section, and on or after January 1, 2026, the Secretary may not reduce benefits provided under a standard option plan under this section, until” for “The Secretary of Defense may not reduce benefits provided under a plan established under this section until” in introductory provisions.

Subsec. (l). Puspan. L. 117–263, § 701(a)(5), added subsec. (l).

2021—Subsec. (a)(1). Puspan. L. 116–283, § 711(d), struck out at end “During the period beginning on the date of the enactment of this sentence and ending December 31, 2018, such plan shall provide that coverage for a member of the Selected Reserve who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall not terminate earlier than 180 days after the date on which the member is separated.”

Subsec. (span). Puspan. L. 116–283, § 711(c), repealed Puspan. L. 115–232, § 713(span). See 2018 Amendment note below.

Puspan. L. 116–283, § 711(span), amended subsec. (span) generally. Prior to amendment, text read as follows: “The plans established under this section shall be administered by the Secretary of Defense through an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (a) to enroll in an insurance plan under chapter 89A of title 5, in accordance with terms prescribed by the Secretary, including terms, to the extent practical, as defined by the Director through regulation, consistent with subsection (d) and, to the extent practicable in relation to such chapter 89A, other provisions of this section.”

2018—Subsec. (span). Puspan. L. 115–232, § 713(span), which amended subsec. (span) generally, applicable with respect to the first contract year for chapter 89A of Title 5, Government Organization and Employees, that was to begin on or after Jan. 1, 2022, was repealed by Puspan. L. 116–283, § 711(c).

2013—Subsec. (a)(1). Puspan. L. 112–239 inserted at end “During the period beginning on the date of the enactment of this sentence and ending December 31, 2018, such plan shall provide that coverage for a member of the Selected Reserve who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall not terminate earlier than 180 days after the date on which the member is separated.”

2011—Subsec. (k)(2). Puspan. L. 111–383 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Such term includes any such dependent of a member who dies while on active duty for a period of more than 30 days or a member of the Ready Reserve if, on the date of the death of the member, the dependent—

“(A) is enrolled in a dental benefits plan established under subsection (a); or

“(B) if not enrolled in such a plan on such date—

“(i) is not enrolled by reason of a discontinuance of a former enrollment under subsection (f); or

“(ii) is not qualified for such enrollment because—

“(I) the dependent is a child under the minimum age for such enrollment; or

“(II) the dependent is a spouse who is a member of the armed forces on active duty for a period of more than 30 days.”

2009—Subsec. (k)(3). Puspan. L. 111–84 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the date of the member’s death.”

2008—Subsec. (e). Puspan. L. 110–417 designated existing provisions as par. (1), substituted “Except as provided pursuant to paragraph (2), a member or dependent” for “A member or dependent”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and added par. (2).

2006—Subsec. (k). Puspan. L. 109–163 reenacted span without change and amended text generally. Prior to amendment, text read as follows: “In this section, the term ‘eligible dependent’—

“(1) means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title; and

“(2) includes any such dependent of a member who dies while on active duty for a period of more than 30 days or a member of the Ready Reserve if, on the date of the death of the member, the dependent is enrolled in a dental benefits plan established under subsection (a), is not enrolled in such a plan by reason of a discontinuance of a former enrollment under subsection (f), or is not enrolled because the dependent is a child under the minimum age for enrollment, except that the term does not include the dependent after the end of the three-year period beginning on the date of the member’s death.”

2004—Subsec. (k)(2). Puspan. L. 108–375 substituted “under subsection (a),” for “under subsection (a) or” and inserted “or is not enrolled because the dependent is a child under the minimum age for enrollment,” after “under subsection (f),”.

2002—Subsec. (k)(2). Puspan. L. 107–314 substituted “if, on the date of the death of the member, the dependent is enrolled in a dental benefits plan established under subsection (a) or is not enrolled in such a plan by reason of a discontinuance of a former enrollment under subsection (f)” for “if the dependent is enrolled on the date of the death of the member in a dental benefits plan established under subsection (a)”.

2000—Subsec. (k)(2). Puspan. L. 106–398 substituted “three-year period” for “one-year period”.

Statutory Notes and Related Subsidiaries

Rulemaking

Puspan. L. 117–263, div. A, title VII, § 701(span), Dec. 23, 2022, 136 Stat. 2646, provided that: “Pursuant to the authority under section 1076a(span)(1) of title 10, United States Code, as amended by subsection (a), the Secretary of Defense shall—

“(1) not later than January 1, 2025, prescribe an interim final rule to carry out the amendments made by subsection (a) [amending this section]; and

“(2) after prescribing the interim final rule under subparagraph (A) [sic; probably should be “paragraph (1)”] and considering public comments with respect to such interim final rule, prescribe a final rule, effective on January 1, 2026, to carry out such amendments.”

Transition of Administration of TRICARE Dental Plans

Puspan. L. 115–232, div. A, title VII, § 713(d), Aug. 13, 2018, 132 Stat. 1812, which related to transition of administration of TRICARE dental plans, was repealed by Puspan. L. 116–283, div. A, title VII, § 711(c), Jan. 1, 2021, 134 Stat. 3691.

Authorization To Expand Enrollment in Dependents’ Dental Program to Certain Members Returning From Overseas Assignments

Puspan. L. 103–160, div. A, title VII, § 703, Nov. 30, 1993, 107 Stat. 1687, provided that:

“(a)Authority To Expand Program.—After March 31, 1994, the Secretary of Defense may expand the dependents’ dental program established under section 1076a of title 10, United States Code, to permit a member of the uniformed services described in subsection (span) to enroll dependents described in subsection (a) of such section in a dental benefits plan under the program without regard to the length of the uncompleted portion of the member’s period of obligated service.

“(span)Covered Members.—A member referred to in subsection (a) is a member of the uniformed services who is—

“(1) on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code); and

“(2) reassigned from a permanent duty station where a dental benefits plan under the dependents’ dental program is not available to a permanent duty station where such a plan is available.

“(c)Report on Advisability of Expansion.—Not later than February 28, 1994, the Secretary shall submit to Congress a report evaluating the advisability of expanding the enrollment eligibility of members of the uniformed services in the dependents’ dental program in the manner authorized in subsection (a). The report shall include an analysis of the cost implications for such an expansion to the Federal Government, beneficiaries under the dependents’ dental program, and contractors under the program.

“(d)Notification of Exercise of Authority.—The Secretary shall notify Congress of any decision to expand the enrollment eligibility of dependents in the dependents’ dental program as provided in subsection (a) not later than 30 days before such expansion takes effect.”