10 U.S.C. § 1074m
EDITORIAL NOTES
REFERENCES IN TEXTThe date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 112-81, which was approved Dec. 31, 2011.
AMENDMENTS2019-Subsec. (a)(1)(B). Pub. L. 116-92, §706(c), substituted "Once" for "Until January 1, 2019, once".Subsec. (a)(1)(C), (D). Pub. L. 116-92, §706(a), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows: "(C) Subject to subsection (d), once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date."(D) Subject to subsection (d), not later than once during each of-"(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending 18 months after such redeployment date; and "(ii) the period beginning 18 months after such redeployment date and ending 30 months after such redeployment date."Subsec. (a)(2), (3). Pub. L. 116-92, §706(b), added pars. (2) and (3) and struck out former par. (2) which read as follows: "A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) if the Secretary determines that-"(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or"(B) providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk."2018-Subsec. (a)(1)(C). Pub. L. 115-232, §701(1), substituted "Subject to subsection (d), once" for "Once".Subsec. (d). Pub. L. 115-232, §701(2), which directed substitution of "subparagraph (C) or (D) of subsection (a)(1)" for "subsection (a)(1)(D)", was executed by making the substitution for "subsection (a)(1)(C)" to reflect the probable intent of Congress.2014-Subsec. (a)(1)(B) to (D). Pub. L. 113-291, §701(b)(1)(A), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.Subsec. (a)(2). Pub. L. 113-291, §1071(f) (13), which directed substitution of "subparagraphs" for "subparagraph" in introductory provisions, could not be executed because of the prior amendment by Pub. L. 113-291, §701(b)(2) . See below. Pub. L. 113-291, §701(b)(2), substituted "subparagraphs (C) and (D)" for "subparagraph (B) and (C)" in introductory provisions.Subsec. (c)(1)(A)(ii), (iii). Pub. L. 113-291, §701(b)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii).Subsec. (e)(1). Pub. L. 113-291, §701(a)(5), inserted "and section 1074n of this title" after "pursuant to this section".2013-Subsec. (a)(1)(C)(i). Pub. L. 112-239 substituted "18 months" for "one year".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. A, title VII, §706(d), Dec. 20, 2019, 133 Stat. 1441, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to a date of redeployment that is on or after January 1, 2020."
REGULATIONS Pub. L. 112-81, div. A, title VII, §702(a)(3), Dec. 31, 2011, 125 Stat. 1471, provided that: "The Secretary of Defense shall prescribe an interim final rule with respect to the amendment made by paragraph (1) [enacting this section], effective not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011]."
- administering Secretaries
- The term "administering Secretaries" means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- health care
- The term "health care" includes mental health care.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.