Pub. L. 110-417, tit. VII, subtit. D, sec. 735
ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE ARMED FORCES.
SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE ARMED FORCES.(a) Expansion of Availability of Medical and Dental Services for Reserves.—(1) Expansion of availability for reserves assigned to units scheduled for deployment within 75 days of mobilization.—Subsection (d)(1) of section 1074a of title 10, United States Code, is amended by striking “The Secretary of the Army shall provide to members of the Selected Reserve of the Army” and inserting “The Secretary concerned shall provide to members of the Selected Reserve”.122 STAT. 4514(2) Availability for certain other reserves.—Such section is further amended by adding at the end the following new subsection:“(g)(1) The Secretary concerned may provide to any member of the Selected Reserve not described in subsection (d)(1) or (f), and to any member of the Individual Ready Reserve described in section 10144(b) of this title the medical and dental services specified in subsection (d)(1) if the Secretary determines that the receipt of such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness.“(2) Services may not be provided to a member under this subsection for a condition that is the result of the member’s own misconduct.“(3) The services provided under this subsection shall be provided at no cost to the member.”.(3) Funding.—Such section is further amended by adding at the end the following new subsection:“(h) Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes of this section to ensure the medical and dental readiness of members of such reserve component.”.(b) Waiver of Certain Copayments for Dental Care for Reserves for Readiness Purposes.—Section 1076a(e) of such title is amended—(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;(2) by striking “A member or dependent” and inserting “(1) Except as provided pursuant to paragraph (2), a member or dependent”; and(3) by adding at the end the following new paragraph:“(2)(A) During a national emergency declared by the President or Congress and subject to regulations prescribed by the Secretary of Defense, the Secretary may waive, in whole or in part, the charges otherwise payable by a member of the Selected Reserve of the Ready Reserve or a member of the Individual Ready Reserve under paragraph (1) for the coverage of the member alone under the dental insurance plan established under subsection (a)(1) if the Secretary determines that such waiver of the charges would facilitate or ensure the readiness of a unit or individual for deployment.“(B) The waiver under subparagraph (A) may apply only with respect to charges for coverage of dental care required for readiness.”.(c) Report on Policies and Procedures in Support of Medical and Dental Readiness.—(1) In general.—Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the policies and procedures of the Department of Defense to ensure the medical and dental readiness of members of the Armed Forces.(2) Elements.—The report required by paragraph (1) shall include the following:(A) A description of the current standards of each military department with respect to the medical and dental readiness of individual members of the Armed Forces 122 STAT. 4515 (including members of the regular components and members of the reserve components), and with respect to the medical and dental readiness of units of the Armed Forces (including units of the regular components and units of the reserve components), under the jurisdiction of such military department.(B) A description of the manner in which each military department applies the standards described under subparagraph (A) with respect to each of the following:(i) Performance evaluation.(ii) Promotion.(iii) In the case of the members of the reserve components, eligibility to attend annual training.(iv) Continued retention in the Armed Forces.(v) Such other matters as the Secretary considers appropriate.(C) A statement of the number of members of the Armed Forces (including members of the regular components and members of the reserve components) who were determined to be not ready for deployment at any time during the period beginning on October 1, 2001, and ending on September 30, 2008, due to failure to meet applicable medical or dental standards, and an assessment of whether the unreadiness of such members for deployment could reasonably have been mitigated by actions of the members concerned to maintain individual medical or dental readiness.(D) A description of any actual or perceived barriers to the achievement of full medical and dental readiness in the Armed Forces (including among the regular components and the reserve components), including barriers associated with the following:(i) Quality or cost of, or access to, medical and dental care.(ii) Availability of programs and incentives intended to prevent medical or dental problems.(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to ensure the medical and dental readiness of individual members of the Armed Forces and units of the Armed Forces, including recommendations regarding the following:(i) The advisability of requiring that fitness reports of members of the Armed Forces include—(I) a statement of whether or not a member meets medical and dental readiness standards for deployment; and(II) in cases in which a member does not meet such standard, a statement of actions being taken to ensure that the member meets such standards and the anticipated schedule for meeting such standards.(ii) The advisability of establishing a mandatory promotion standard relating to individual medical and dental readiness and, in the case of a unit commander, unit medical and dental readiness.122 STAT. 4516