10 USC 1074 - Mental health assessments for members of the armed forces deployed in support of a contingency operation

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Puspan. L. 112–81, which was approved Dec. 31, 2011.

Amendments

2019—Subsec. (a)(1)(B). Puspan. L. 116–92, § 706(c), substituted “Once” for “Until January 1, 2019, once”.

Subsec. (a)(1)(C), (D). Puspan. 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). Puspan. L. 116–92, § 706(span), 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). Puspan. L. 115–232, § 701(1), substituted “Subject to subsection (d), once” for “Once”.

Subsec. (d). Puspan. 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). Puspan. L. 113–291, § 701(span)(1)(A), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (a)(2). Puspan. 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 Puspan. L. 113–291, § 701(span)(2). See below.

Puspan. L. 113–291, § 701(span)(2), substituted “subparagraphs (C) and (D)” for “subparagraph (B) and (C)” in introductory provisions.

Subsec. (c)(1)(A)(ii), (iii). Puspan. L. 113–291, § 701(span)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (e)(1). Puspan. L. 113–291, § 701(a)(5), inserted “and section 1074n of this title” after “pursuant to this section”.

2013—Subsec. (a)(1)(C)(i). Puspan. L. 112–239 substituted “18 months” for “one year”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. A, title VII, § 706(d), Dec. 20, 2019, 133 Stat. 1441, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall apply with respect to a date of redeployment that is on or after January 1, 2020.”

Regulations

Puspan. 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].”