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Title 10 — Armed Forces

Part II · Chapter 55 — Medical and Dental Care

§ 1095a. Medical care: members held as captives and their dependents

Statutory text

(a)

Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care—

(1)

is incident to the captive status; and

(2)

is not covered—

(A)

by any other Government medical or health program; or

(B)

by insurance.

(b)

In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.

(c)

In this section:

(1)

The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37.

(2)

The term “dependent” has the meaning given that term in section 551 of that title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Victims of Terrorism Compensation Act

    Pub. L. 99–399 title VIII § 806(c)(1) · 100 Stat. 853

    Enacted · 10 U.S.C. § 1095a

    Added Pub. L. 99–399, title VIII, § 806(c)(1), Aug. 27, 1986, 100 Stat. 886, § 1095

    Source evidence

    Code source credit
    Added Pub. L. 99–399, title VIII, § 806(c)(1), Aug. 27, 1986, 100 Stat. 886, § 1095

    Enacted provision · exact public law section
    (1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 1095. Medical care: members held as captives and their dependents “(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care— “(1) is incident to the captive status; and “(2) is not covered— “(A) by any other Government medical or health program; or “(B) by insurance. “(b) In the case of any person who is eligible for medical care 10 USC 1074, 1076. under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services. “(c) In this section: “(1) ‘Captive status’ and ‘former captive’ have the meanings given those terms in section 559 of title 37. “(2) ‘Dependent’ has the meaning given that term in section 551 of that title.”.

  2. Defense Authorization Amendments and Base Closure and Realignment Act

    Pub. L. 100–526 title I § 106(b)(1) · 102 Stat. 2623

    1. Substituted · 10 U.S.C. § 1095a(c)

      Pub. L. 100–526 substituted “The terms ‘captive status’ ” for “ ‘Captive status’ ” in par. (2)

    2. Substituted · 10 U.S.C. § 1095a(c)

      Pub. L. 100–526 substituted “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–526 substituted “The terms ‘captive status’ ” for “ ‘Captive status’ ” in par. (1), and “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2).

    Enacted provision · exact public law section
    (1) Section 1095a(c) of title 10, United States Code, is amended— (A) in paragraph (1), by striking out “(1) Captive” and inserting in lieu thereof “(1) The terms ‘captive”; and (B) in paragraph (2), by striking out “(2) ‘Dependent” and inserting in lieu thereof “(2) The term ‘dependent”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

1988—Subsec. (c). Pub. L. 100–526 substituted “The terms ‘captive status’ ” for “ ‘Captive status’ ” in par. (1), and “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2).

Statutory Notes and Related Subsidiaries

Effective Date; Regulations

Pub. L. 99–399, title VIII, § 806(c)(3), , 100 Stat. 886, provided that:

“(A)

Section 1095 [now 1095a] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any person whose captive status begins after .

“(B)

The President shall prescribe specific regulations regarding the carrying out of such section with respect to persons whose captive status begins during the period beginning on , and ending on the effective date of that section [].”

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, , 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.

Credits

1986–1988 · 3 acts
  1. 1986Added Pub. L. 99–399, title VIII, § 806(c)(1), , 100 Stat. 886, § 1095
  2. 1987renumbered § 1095a, Pub. L. 100–26, § 7(e)(2), , 101 Stat. 281
  3. 1988amended Pub. L. 100–526, title I, § 106(b)(1), , 102 Stat. 2625.
Show as published

(Added Pub. L. 99–399, title VIII, § 806(c)(1), , 100 Stat. 886, § 1095; renumbered § 1095a, Pub. L. 100–26, § 7(e)(2), , 101 Stat. 281; amended Pub. L. 100–526, title I, § 106(b)(1), , 102 Stat. 2625.)

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