
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 737]
[Document affected by Public Law 107-107 Section 734]
[Document affected by Public Law 107-107 Section 1048(a)(10)]
[Document affected by Public Law 107-107 Section 701(a)(2)]
[Document affected by Public Law 107-107 Section 701(f)(2)]
[Document affected by Public Law 107-107 Section 731(b)]
[Document affected by Public Law 107-107 Section 732(a)(2)]
[Document affected by Public Law 107-107 Section 736(c)(2)]
[CITE: 10USC1071]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1071. Purpose of this chapter

    The purpose of this chapter is to create and maintain high morale in 
the uniformed services by providing an improved and uniform program of 
medical and dental care for members and certain former members of those 
services, and for their dependents.

(Added Pub. L. 85-861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1445; 
amended Pub. L. 89-614, Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 
96-513, title V, Sec. 511(34)(A), (B), Dec. 12, 1980, 94 Stat. 2922.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1071..................................  37:401.                              Ju
ne 7, 1956, ch. 374, Sec.  101,
                                                                              7
0 Stat. 250.
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---------------------------------

    The words ``and certain former members'' are inserted to reflect the 
fact that many of the persons entitled to retired pay are former members 
only. The words ``and dental'' are inserted to reflect the fact that 
members and, in certain limited situations, dependents are entitled to 
dental care under sections 1071-1085 of this title.


                            Prior Provisions

    A prior section 1071, act Aug. 10, 1956, ch. 1041, 70A Stat. 81, 
which stated the purpose of former sections 1071 to 1086 of this title, 
and provided for their construction, was repealed by Pub. L. 85-861, 
Sec. 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal 
Voting Assistance Act of 1955 which is classified to subchapter I-D 
(Sec. 1973cc et seq.) of chapter 20 of Title 42, The Public Health and 
Welfare.


                               Amendments

    1980--Pub. L. 96-513 substituted ``Purpose of this chapter'' for 
``Purpose of sections 1071-1087 of this title'' in section catchline, 
and substituted reference to this chapter for reference to sections 
1071-1087 of this title in text.
    1966--Pub. L. 89-614 substituted ``1087'' for ``1085'' in section 
catchline and text.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1966 Amendment

    Section 3 of Pub. L. 89-614 provided that: ``The amendments made by 
this Act [see Short Title of 1966 Amendment note below] shall become 
effective January 1, 1967, except that those amendments relating to 
outpatient care in civilian facilities for spouses and children of 
members of the uniformed services who are on active duty for a period of 
more than 30 days shall become effective on October 1, 1966.''


                      Short Title of 1987 Amendment

    Pub. L. 100-180, div. A, title VII, Sec. 701, Dec. 4, 1987, 101 
Stat. 1108, provided that: ``This title [enacting sections 1103, 2128 to 
2130 [now 16201 to 16203], and 6392 of this title, amending sections 
533, 591, 1079, 1086, 1251, 2120, 2122, 2123, 2124, 2127, 2172 [now 
16302], 3353, 3855, 5600, 8353, and 8855 of this title, section 302 of 
Title 37, Pay and Allowances of the Uniformed Services, and section 460 
of Title 50, Appendix, War and National Defense, enacting provisions set 
out as notes under sections 1073, 1074, 1079, 1092, 1103, 2121, 2124, 
12201, and 16201 of this title, amending provisions set out as notes 
under sections 1073 and 1101 of this title, and repealing provisions set 
out as notes under sections 2121 and 2124 of this title] may be cited as 
the `Military Health Care Amendments of 1987'.''


                      Short Title of 1966 Amendment

    Section 1 of Pub. L. 89-614 provided: ``That this Act [enacting 
sections 1086 and 1087 of this title, amending this section and sections 
1072 to 1074, 1076 to 1079, 1082, and 1084 of this title, and enacting 
provisions set out as a note under this section] may be cited as the 
`Military Medical Benefits Amendments of 1966'.''


              Health Care Management Demonstration Program

    Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 733], Oct. 30, 
2000, 114 Stat. 1654, 1654A-191, provided that:
    ``(a) Establishment.--The Secretary of Defense shall carry out a 
demonstration program on health care management to explore opportunities 
for improving the planning, programming, budgeting systems, and 
management of the Department of Defense health care system.
    ``(b) Test Models.--Under the demonstration program, the Secretary 
shall test the use of the following planning and management models:
        ``(1) A health care simulation model for studying alternative 
    delivery policies, processes, organizations, and technologies.
        ``(2) A health care simulation model for studying long term 
    disease management.
    ``(c) Demonstration Sites.--The Secretary shall test each model 
separately at one or more sites.
    ``(d) Period for Program.--The demonstration program shall begin not 
later than 180 days after the date of the enactment of this Act [Oct. 
30, 2000] and shall terminate on December 31, 2001.
    ``(e) Reports.--The Secretary of Defense shall submit a report on 
the demonstration program to the Committees on Armed Services of the 
Senate and the House of Representatives not later than March 15, 2002. 
The report shall include the Secretary's assessment of the value of 
incorporating the use of the tested planning and management models 
throughout the planning, programming, budgeting systems, and management 
of the Department of Defense health care system.
    ``(f) Funding.--Of the amount authorized to be appropriated under 
section 301(22) [114 Stat. 1654A-52], $6,000,000 shall be available for 
the demonstration program under this section.''


   Processes for Patient Safety in Military and Veterans Health Care 
                                 Systems

    Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 742], Oct. 30, 
2000, 114 Stat. 1654, 1654A-192, provided that:
    ``(a) Error Tracking Process.--The Secretary of Defense shall 
implement a centralized process for reporting, compilation, and analysis 
of errors in the provision of health care under the defense health 
program that endanger patients beyond the normal risks associated with 
the care and treatment of such patients. To the extent practicable, that 
process shall emulate the system established by the Secretary of 
Veterans Affairs for reporting, compilation, and analysis of errors in 
the provision of health care under the Department of Veterans Affairs 
health care system that endanger patients beyond such risks.
    ``(b) Sharing of Information.--The Secretary of Defense and the 
Secretary of Veterans Affairs--
        ``(1) shall share information regarding the designs of systems 
    or protocols established to reduce errors in the provision of health 
    care described in subsection (a); and
        ``(2) shall develop such protocols as the Secretaries consider 
    necessary for the establishment and administration of effective 
    processes for the reporting, compilation, and analysis of such 
    errors.''


   Cooperation in Developing Pharmaceutical Identification Technology

    Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 743], Oct. 30, 
2000, 114 Stat. 1654, 1654A-192, provided that: ``The Secretary of 
Defense and the Secretary of Veterans Affairs shall cooperate in 
developing systems for the use of bar codes for the identification of 
pharmaceuticals in the health care programs of the Department of Defense 
and the Department of Veterans Affairs. In any case in which a common 
pharmaceutical is used in such programs, the bar codes for those 
pharmaceuticals shall, to the maximum extent practicable, be 
identical.''


              Patient Care Reporting and Management System

    Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 754], Oct. 30, 
2000, 114 Stat. 1654, 1654A-196, provided that:
    ``(a) Establishment.--The Secretary of Defense shall establish a 
patient care error reporting and management system.
    ``(b) Purposes of System.--The purposes of the system are as 
follows:
        ``(1) To study the occurrences of errors in the patient care 
    provided under chapter 55 of title 10, United States Code.
        ``(2) To identify the systemic factors that are associated with 
    such occurrences.
        ``(3) To provide for action to be taken to correct the 
    identified systemic factors.
    ``(c) Requirements for System.--The patient care error reporting and 
management system shall include the following:
        ``(1) A hospital-level patient safety center, within the quality 
    assurance department of each health care organization of the 
    Department of Defense, to collect, assess, and report on the nature 
    and frequency of errors related to patient care.
        ``(2) For each health care organization of the Department of 
    Defense and for the entire Defense health program, patient safety 
    standards that are necessary for the development of a full 
    understanding of patient safety issues in each such organization and 
    the entire program, including the nature and types of errors and the 
    systemic causes of the errors.
        ``(3) Establishment of a Department of Defense Patient Safety 
    Center within the Armed Forces Institute of Pathology, which shall 
    have the following missions:
            ``(A) To analyze information on patient care errors that is 
        submitted to the Center by each military health care 
        organization.
            ``(B) To develop action plans for addressing patterns of 
        patient care errors.
            ``(C) To execute those action plans to mitigate and control 
        errors in patient care with a goal of ensuring that the health 
        care organizations of the Department of Defense provide highly 
        reliable patient care with virtually no error.
            ``(D) To provide, through the Assistant Secretary of Defense 
        for Health Affairs, to the Agency for Healthcare Research and 
        Quality of the Department of Health and Human Services any 
        reports that the Assistant Secretary determines appropriate.
            ``(E) To review and integrate processes for reducing errors 
        associated with patient care and for enhancing patient safety.
            ``(F) To contract with a qualified and objective external 
        organization to manage the national patient safety database of 
        the Department of Defense.
    ``(d) MedTeams Program.--The Secretary shall expand the health care 
team coordination program to integrate that program into all Department 
of Defense health care operations. In carrying out this subsection, the 
Secretary shall take the following actions:
        ``(1) Establish not less than two Centers of Excellence for the 
    development, validation, proliferation, and sustainment of the 
    health care team coordination program, one of which shall support 
    all fixed military health care organizations, the other of which 
    shall support all combat casualty care organizations.
        ``(2) Deploy the program to all fixed and combat casualty care 
    organizations of each of the Armed Forces, at the rate of not less 
    than 10 organizations in each fiscal year.
        ``(3) Expand the scope of the health care team coordination 
    program from a focus on emergency department care to a coverage that 
    includes care in all major medical specialties, at the rate of not 
    less than one specialty in each fiscal year.
        ``(4) Continue research and development investments to improve 
    communication, coordination, and team work in the provision of 
    health care.
    ``(e) Consultation.--The Secretary shall consult with the other 
administering Secretaries (as defined in section 1072(3) of title 10, 
United States Code) in carrying out this section.''


     Confidentiality of Communications With Professionals Providing 
   Therapeutic or Related Services Regarding Sexual or Domestic Abuse

    Pub. L. 106-65, div. A, title V, Sec. 585, Oct. 5, 1999, 113 Stat. 
636, provided that:
    ``(a) Study and Report.--(1) The Comptroller General of the United 
States shall study the policies, procedures, and practices of the 
military departments for protecting the confidentiality of 
communications between--
        ``(A) a dependent (as defined in section 1072(2) of title 10, 
    United States Code, with respect to a member of the Armed Forces) of 
    a member of the Armed Forces who--
            ``(i) is a victim of sexual harassment, sexual assault, or 
        intrafamily abuse; or
            ``(ii) has engaged in such misconduct; and
        ``(B) a therapist, counselor, advocate, or other professional 
    from whom the dependent seeks professional services in connection 
    with effects of such misconduct.
    ``(2) Not later than 180 days after the date of the enactment of 
this Act [Oct. 5, 1999], the Comptroller General shall conclude the 
study and submit a report on the results of the study to Congress and 
the Secretary of Defense.
    ``(b) Regulations.--The Secretary of Defense shall prescribe in 
regulations the policies and procedures that the Secretary considers 
appropriate to provide the maximum protections for the confidentiality 
of communications described in subsection (a) relating to misconduct 
described in that subsection, taking into consideration--
        ``(1) the findings of the Comptroller General;
        ``(2) the standards of confidentiality and ethical standards 
    issued by relevant professional organizations;
        ``(3) applicable requirements of Federal and State law;
        ``(4) the best interest of victims of sexual harassment, sexual 
    assault, or intrafamily abuse;
        ``(5) military necessity; and
        ``(6) such other factors as the Secretary, in consultation with 
    the Attorney General, may consider appropriate.
    ``(c) Report by Secretary of Defense.--Not later than January 21, 
2000, the Secretary of Defense shall submit to Congress a report on the 
actions taken under subsection (b) and any other actions taken by the 
Secretary to provide the maximum possible protections for 
confidentiality described in that subsection.''


       Health Care Quality Information and Technology Enhancement

    Pub. L. 106-65, div. A, title VII, Sec. 723, Oct. 5, 1999, 113 Stat. 
695, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title VII, 
Sec. 753(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-195, provided that:
    ``(a) Purpose.--The purpose of this section is to ensure that the 
Department of Defense addresses issues of medical quality surveillance 
and implements solutions for those issues in a timely manner that is 
consistent with national policy and industry standards.
    ``(b) Department of Defense Program for Medical Informatics and 
Data.--The Secretary of Defense shall establish a Department of Defense 
program, the purposes of which shall be the following:
        ``(1) To develop parameters for assessing the quality of health 
    care information.
        ``(2) To develop the defense digital patient record.
        ``(3) To develop a repository for data on quality of health 
    care.
        ``(4) To develop capability for conducting research on quality 
    of health care.
        ``(5) To conduct research on matters of quality of health care.
        ``(6) To develop decision support tools for health care 
    providers.
        ``(7) To refine medical performance report cards.
        ``(8) To conduct educational programs on medical informatics to 
    meet identified needs.
    ``(c) Automation and Capture of Clinical Data.--(1) Through the 
program established under subsection (b), the Secretary of Defense shall 
accelerate the efforts of the Department of Defense to automate, 
capture, and exchange controlled clinical data and present providers 
with clinical guidance using a personal information carrier, clinical 
lexicon, or digital patient record.
    ``(2) The program shall serve as a primary resource for the 
Department of Defense for matters concerning the capture, processing, 
and dissemination of data on health care quality.
    ``(d) Medical Informatics Advisory Committee.--(1) The Secretary of 
Defense shall establish a Medical Informatics Advisory Committee 
(hereinafter referred to as the `Committee'), the members of which shall 
be the following:
        ``(A) The Assistant Secretary of Defense for Health Affairs.
        ``(B) The Director of the TRICARE Management Activity of the 
    Department of Defense.
        ``(C) The Surgeon General of the Army.
        ``(D) The Surgeon General of the Navy.
        ``(E) The Surgeon General of the Air Force.
        ``(F) Representatives of the Department of Veterans Affairs, 
    designated by the Secretary of Veterans Affairs.
        ``(G) Representatives of the Department of Health and Human 
    Services, designated by the Secretary of Health and Human Services.
        ``(H) Any additional members appointed by the Secretary of 
    Defense to represent health care insurers and managed care 
    organizations, academic health institutions, health care providers 
    (including representatives of physicians and representatives of 
    hospitals), and accreditors of health care plans and organizations.
    ``(2) The primary mission of the Committee shall be to advise the 
Secretary on the development, deployment, and maintenance of health care 
informatics systems that allow for the collection, exchange, and 
processing of health care quality information for the Department of 
Defense in coordination with other Federal departments and agencies and 
with the private sector.
    ``(3) Specific areas of responsibility of the Committee shall 
include advising the Secretary on the following:
        ``(A) The ability of the medical informatics systems at the 
    Department of Defense and Department of Veterans Affairs to monitor, 
    evaluate, and improve the quality of care provided to beneficiaries.
        ``(B) The coordination of key components of medical informatics 
    systems, including digital patient records, both within the Federal 
    Government and between the Federal Government and the private 
    sector.
        ``(C) The development of operational capabilities for executive 
    information systems and clinical decision support systems within the 
    Department of Defense and Department of Veterans Affairs.
        ``(D) Standardization of processes used to collect, evaluate, 
    and disseminate health care quality information.
        ``(E) Refinement of methodologies by which the quality of health 
    care provided within the Department of Defense and Department of 
    Veterans Affairs is evaluated.
        ``(F) Protecting the confidentiality of personal health 
    information.
    ``(4) The Assistant Secretary of Defense for Health Affairs shall 
consult with the Committee on the issues described in paragraph (3).
    ``(5) The Secretary of Defense shall submit to Congress an annual 
report on medical informatics. The report shall include a discussion of 
the following matters:
        ``(A) The activities of the Committee.
        ``(B) The coordination of development, deployment, and 
    maintenance of health care informatics systems within the Federal 
    Government, and between the Federal Government and the private 
    sector.
        ``(C) The progress or growth occurring in medical informatics.
        ``(D) How the TRICARE program and the Department of Veterans 
    Affairs health care system can use the advancement of knowledge in 
    medical informatics to raise the standards of health care and 
    treatment and the expectations for improving health care and 
    treatment.
    ``(6) Members of the Committee shall not be paid by reason of their 
service on the Committee.
    ``(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Committee.
    ``(e) Annual Report.--The Assistant Secretary of Defense for Health 
Affairs shall submit to Congress on an annual basis a report on the 
quality of health care furnished under the health care programs of the 
Department of Defense. The report shall cover the most recent fiscal 
year ending before the date the report is submitted and shall contain a 
discussion of the quality of the health care measured on the basis of 
each statistical and customer satisfaction factor that the Assistant 
Secretary determines appropriate, including, at a minimum, a discussion 
of the following:
        ``(1) Health outcomes.
        ``(2) The extent of use of health report cards.
        ``(3) The extent of use of standard clinical pathways.
        ``(4) The extent of use of innovative processes for 
    surveillance.''


 Joint Department of Defense and Department of Veterans Affairs Reports 
  Relating to Interdepartmental Cooperation in Delivery of Medical Care

    Pub. L. 105-261, div. A, title VII, Sec. 745, Oct. 17, 1998, 112 
Stat. 2075, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3), 
Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Findings.--Congress makes the following findings:
        ``(1) The military health care system of the Department of 
    Defense and the Veterans Health Administration of the Department of 
    Veterans Affairs are national institutions that collectively manage 
    more than 1,500 hospitals, clinics, and health care facilities 
    worldwide to provide services to more than 11,000,000 beneficiaries.
        ``(2) In the post-Cold War era, these institutions are in a 
    profound transition that involves challenging opportunities.
        ``(3) During the period from 1988 to 1998, the number of 
    military medical personnel has declined by 15 percent and the number 
    of military hospitals has been reduced by one-third.
        ``(4) During the 2 years since 1996, the Department of Veterans 
    Affairs has revitalized its structure by decentralizing authority 
    into 22 Veterans Integrated Service Networks.
        ``(5) In the face of increasing costs of medical care, increased 
    demands for health care services, and increasing budgetary 
    constraints, the Department of Defense and the Department of 
    Veterans Affairs have embarked on a variety of dynamic and 
    innovative cooperative programs ranging from shared services to 
    joint venture operations of medical facilities.
        ``(6) In 1984, there was a combined total of 102 Department of 
    Veterans Affairs and Department of Defense facilities with sharing 
    agreements. By 1997, that number had grown to 420. During the six 
    years from fiscal year 1992 through fiscal year 1997, shared 
    services increased from slightly over 3,000 services to more than 
    6,000 services, ranging from major medical and surgical services, 
    laundry, blood, and laboratory services to unusual speciality care 
    services.
        ``(7) The Department of Defense and the Department of Veterans 
    Affairs are conducting four health care joint ventures in New 
    Mexico, Nevada, Texas, and Oklahoma, and are planning to conduct 
    four more such ventures in Alaska, Florida, Hawaii, and California.
    ``(b) Sense of Congress.--It is the sense of Congress that--
        ``(1) the Department of Defense and the Department of Veterans 
    Affairs should be commended for the cooperation between the two 
    departments in the delivery of medical care, of which the 
    cooperation involved in the establishment and operation of the 
    Department of Defense and the Department of Veterans Affairs 
    Executive Council is a praiseworthy example;
        ``(2) the Department of Defense and the Department of Veterans 
    Affairs are encouraged to continue to explore new opportunities to 
    enhance the availability and delivery of medical care to 
    beneficiaries by further enhancing the cooperative efforts of the 
    departments; and
        ``(3) enhanced cooperation between the Department of Defense and 
    the Department of Veterans Affairs is encouraged regarding--
            ``(A) the general areas of access to quality medical care, 
        identification and elimination of impediments to enhanced 
        cooperation, and joint research and program development; and
            ``(B) the specific areas in which there is significant 
        potential to achieve progress in cooperation in a short term, 
        including computerization of patient records systems, 
        participation of the Department of Veterans Affairs in the 
        TRICARE program, pharmaceutical programs, and joint physical 
        examinations.
    ``(c) Joint Survey of Populations Served.--(1) The Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly conduct a 
survey of their respective medical care beneficiary populations to 
identify, by category of beneficiary (defined as the Secretaries 
consider appropriate), the expectations of, requirements for, and 
behavior patterns of the beneficiaries with respect to medical care. The 
two Secretaries shall develop the protocol for the survey jointly, but 
shall obtain the services of an entity independent of the Department of 
Defense and the Department of Veterans Affairs to carry out the survey.
    ``(2) The survey shall include the following:
        ``(A) Demographic characteristics, economic characteristics, and 
    geographic location of beneficiary populations with regard to 
    catchment or service areas.
        ``(B) The types and frequency of care required by veterans, 
    retirees, and dependents within catchment or service areas of 
    Department of Defense and Department of Veterans Affairs medical 
    facilities and outside those areas.
        ``(C) The numbers of, characteristics of, and types of medical 
    care needed by the veterans, retirees, and dependents who, though 
    eligible for medical care in Department of Defense or Department of 
    Veterans Affairs treatment facilities or through other federally 
    funded medical programs, choose not to seek medical care from those 
    facilities or under those programs, and the reasons for that choice.
        ``(D) The obstacles or disincentives for seeking medical care 
    from such facilities or under such programs that are perceived by 
    veterans, retirees, and dependents.
        ``(E) Any other matters that the Secretary of Defense and the 
    Secretary of Veterans Affairs consider appropriate for the survey.
    ``(3) The Secretary of Defense or the Secretary of Veterans Affairs 
may waive the survey requirements under this subsection with respect to 
information that can be better obtained from a source other than the 
survey.
    ``(4) The Secretary of Defense and the Secretary of Veterans Affairs 
shall submit a report on the results of the survey to the appropriate 
committees of Congress. The report shall contain the matters described 
in paragraph (2) and any proposals for legislation that the Secretaries 
recommend for enhancing Department of Defense and Department of Veterans 
Affairs cooperative efforts with respect to the delivery of medical 
care.
    ``(d) Review of Law and Policies.--(1) The Secretary of Defense and 
the Secretary of Veterans Affairs shall jointly conduct a review to 
identify impediments to cooperation between the Department of Defense 
and the Department of Veterans Affairs regarding the delivery of medical 
care. The matters reviewed shall include the following:
        ``(A) All laws, policies, and regulations, and any attitudes of 
    beneficiaries of the health care systems of the two departments, 
    that have the effect of preventing the establishment, or limiting 
    the effectiveness, of cooperative health care programs of the 
    departments.
        ``(B) The requirements and practices involved in the 
    credentialling and licensure of health care providers.
        ``(C) The perceptions of beneficiaries in a variety of 
    categories (defined as the Secretaries consider appropriate) 
    regarding the various Federal health care systems available for 
    their use.
        ``(D) The types and frequency of medical services furnished by 
    the Department of Defense and the Department of Veterans Affairs 
    through cooperative arrangements to each category of beneficiary 
    (including active-duty members, retirees, dependents, veterans in 
    the health-care eligibility categories referred to as Category A and 
    Category C, and persons authorized to receive medical care under 
    section 1713 of title 38, United States Code) of the other 
    department.
        ``(E) The extent to which health care facilities of the 
    Department of Defense and Department of Veterans Affairs have 
    sufficient capacity, or could jointly or individually create 
    sufficient capacity, to provide services to beneficiaries of the 
    other department without diminution of access or services to their 
    primary beneficiaries.
        ``(F) The extent to which the recruitment of scarce medical 
    specialists and allied health personnel by the Department of Defense 
    and the Department of Veterans Affairs could be enhanced through 
    cooperative arrangements for providing health care services.
        ``(G) The obstacles and disincentives to providing health care 
    services through cooperative arrangements between the Department of 
    Defense and the Department of Veterans Affairs.
    ``(2) The Secretaries shall jointly submit a report on the results 
of the review to the appropriate committees of Congress. The report 
shall include any proposals for legislation that the Secretaries 
recommend for eliminating or reducing impediments to interdepartmental 
cooperation that are identified during the review.
    ``(e) Participation in TRICARE.--(1) The Secretary of Defense shall 
review the TRICARE program to identify opportunities for increased 
participation by the Department of Veterans Affairs in that program. The 
ongoing collaboration between Department of Defense officials and 
Department of Veterans Affairs officials regarding increased 
participation shall be included among the matters reviewed.
    ``(2) The Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress a 
semiannual report on the status of the review under this subsection and 
on efforts to increase the participation of the Department of Veterans 
Affairs in the TRICARE program. No report is required under this 
paragraph after the submission of a semiannual report in which the 
Secretaries declare that the Department of Veterans Affairs is 
participating in the TRICARE program to the extent that can reasonably 
be expected to be attained.
    ``(f) Pharmaceutical Benefits and Programs.--(1) The Department of 
Defense-Department of Veterans Affairs Federal Pharmacy Executive 
Steering Committee shall--
        ``(A) undertake a comprehensive examination of existing 
    pharmaceutical benefits and programs for beneficiaries of Department 
    of Defense medical care programs, including matters relating to the 
    purchasing, distribution, and dispensing of pharmaceuticals and the 
    management of mail order pharmaceuticals programs; and
        ``(B) review the existing methods for contracting for and 
    distributing medical supplies and services.
    ``(2) The committee shall submit a report on the results of the 
examination to the appropriate committees of Congress.
    ``(g) Standardization of Physical Examinations for Disability.--The 
Secretary of Defense and the Secretary of Veterans Affairs shall jointly 
submit to the appropriate committees of Congress a report on the status 
of the efforts of the Department of Defense and the Department of 
Veterans Affairs to standardize physical examinations administered by 
the two departments for the purpose of determining or rating 
disabilities.
    ``(h) Appropriate Committees of Congress Defined.--For the purposes 
of this section, the appropriate committees of Congress are as follows:
        ``(1) The Committee on Armed Services and the Committee on 
    Veterans' Affairs of the Senate.
        ``(2) The Committee on Armed Services and the Committee on 
    Veterans' Affairs of the House of Representatives.
    ``(i) Deadlines for Submission of Reports.--(1) The report required 
by subsection (c)(3) [probably should be (c)(4)] shall be submitted not 
later than January 1, 2000.
    ``(2) The report required by subsection (d)(2) shall be submitted 
not later than March 1, 1999.
    ``(3) The semiannual report required by subsection (e)(2) shall be 
submitted not later than March 1 and September 1 of each year.
    ``(4) The report on the examination required under subsection (f) 
shall be submitted not later than 60 days after the completion of the 
examination.
    ``(5) The report required by subsection (g) shall be submitted not 
later than March 1, 1999.''


   External Peer Review for Defense Health Program Extramural Medical 
                    Research Involving Human Subjects

    Pub. L. 104-201, div. A, title VII, Sec. 742, Sept. 23, 1996, 110 
Stat. 2600, provided that:
    ``(a) Establishment of External Peer Review Process.--The Secretary 
of Defense shall establish a peer review process that will use persons 
who are not officers or employees of the Government to review the 
research protocols of medical research projects.
    ``(b) Peer Review Requirements.--Funds of the Department of Defense 
may not be obligated or expended for any medical research project unless 
the research protocol for the project has been approved by the external 
peer review process established under subsection (a).
    ``(c) Medical Research Project Defined.--For purposes of this 
section, the term `medical research project' means a research project 
that--
        ``(1) involves the participation of human subjects;
        ``(2) is conducted solely by a non-Federal entity; and
        ``(3) is funded through the Defense Health Program account.
    ``(d) Effective Date.--The peer review requirements of subsection 
(b) shall take effect on October 1, 1996, and, except as provided in 
subsection (e), shall apply to all medical research projects proposed 
funded on or after that date, including medical research projects funded 
pursuant to any requirement of law enacted before, on, or after that 
date.
    ``(e) Exceptions.--Only the following medical research projects 
shall be exempt from the peer review requirements of subsection (b):
        ``(1) A medical research project that the Secretary determines 
    has been substantially completed by October 1, 1996.
        ``(2) A medical research project funded pursuant to any 
    provision of law enacted on or after that date if the provision of 
    law specifically refers to this section and specifically states that 
    the peer review requirements do not apply.''


                        Annual Beneficiary Survey

    Pub. L. 102-484, div. A, title VII, Sec. 724, Oct. 23, 1992, 106 
Stat. 2440, as amended by Pub. L. 103-337, div. A, title VII, Sec. 717, 
Oct. 5, 1994, 108 Stat. 2804, provided that:
    ``(a) Survey Required.--The administering Secretaries shall conduct 
annually a formal survey of persons receiving health care under chapter 
55 of title 10, United States Code, in order to determine the following:
        ``(1) The availability of health care services to such persons 
    through the health care system provided for under that chapter, the 
    types of services received, and the facilities in which the services 
    were provided.
        ``(2) The familiarity of such persons with the services 
    available under that system and with the facilities in which such 
    services are provided.
        ``(3) The health of such persons.
        ``(4) The level of satisfaction of such persons with that system 
    and the quality of the health care provided through that system.
        ``(5) Such other matters as the administering Secretaries 
    determine appropriate.
    ``(b) Exemption.--An annual survey under subsection (a) shall be 
treated as not a collection of information for the purposes for which 
such term is defined in section 3502(4) of title 44, United States Code.
    ``(c) Definition.--For purposes of this section, the term 
`administering Secretaries' has the meaning given such term in section 
1072(3) of title 10, United States Code.''


           Comprehensive Study of Military Medical Care System

    Pub. L. 102-190, div. A, title VII, Sec. 733, Dec. 5, 1991, 105 
Stat. 1408, as amended by Pub. L. 102-484, div. A, title VII, Sec. 723, 
Oct. 23, 1992, 106 Stat. 2440, directed Secretary of Defense to conduct 
a comprehensive study of the military medical care system, not later 
than Dec. 15, 1992, to submit to congressional defense committees a 
detailed accounting on progress of the study, including preliminary 
results of the study, and not later than Dec. 15, 1993, submit to 
congressional defense committees a final report on the study.


 Identification and Treatment of Drug and Alcohol Dependent Persons in 
                            the Armed Forces

    Pub. L. 92-129, title V, Sec. 501, Sept. 28, 1971, 85 Stat. 361, 
which directed Secretary of Defense to devise ways to identify, treat, 
and rehabilitate drug and alcohol dependent members of the armed forces, 
to identify, refuse admission to, and refer to civilian treatment 
facilities such persons seeking entrance to the armed forces, and to 
report to Congress on and suggest additional legislation concerning 
these matters, was repealed and restated as sections 978 and 1090 of 
this title by Pub. L. 97-295, Secs. 1(14)(A), (15)(A), 6(b), Oct. 12, 
1982, 96 Stat. 1289, 1290, 1314.
