Title 10 — Armed ForcesRelease 119-73not60

§1076f Tricare Program: Extension of Coverage for Certain Members of the National Guard and Dependents During Certain Disaster Response Duty

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 55— MEDICAL AND DENTAL CARE › § 1076f

Last updated Apr 3, 2026|Official source

Summary

Allows a National Guard member doing disaster response to count that time as active duty for more than 30 days for TRICARE health coverage if the disaster duty starts right after a period of full‑time Guard service under Title 32, section 502(f). The member and their dependents can get TRICARE during that extended time unless the State governor (or the D.C. mayor) decides it would not be in the best interest of the member or the State. The State must pay the Defense Department for the TRICARE costs from state or other non‑Federal funds. Money collected goes into the Defense Health Program account (section 1100) and can be used to carry out this rule. Definitions: "disaster response duty" — Guard duty under a governor/mayor emergency declaration for a disaster or imminent disaster. "State" — each State, the District of Columbia, Puerto Rico, and U.S. territories.

Full Legal Text

Title 10, §1076f

Armed Forces — Source: USLM XML via OLRC

(a)During a period in which a member of the National Guard is performing disaster response duty, the member may be treated as being on active duty for a period of more than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under section 502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State.

(b)(1)The Secretary shall charge a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges shall be paid from the funds of the State or from any other non-Federal funds.

(2)Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.

(c)In this section:

(1)The term “disaster response duty” means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster.

(2)The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1076f

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60