Page:United States Statutes at Large Volume 111 Part 2.djvu/734

 Ill STAT. 1814 PUBLIC LAW 105-85—NOV. 18, 1997 (c) CONFORMING AMENDMENTS.— Such section is further amended— (1) in paragraph (5), by striking out "paragraph (4), the Secretary" and inserting in heu thereof "paragraph (2), the Secretary of Defense"; and (2) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively. SEC. 736. USE OF PERSONAL SERVICES CONTRACTS FOR PROVISION OF HEALTH CARE SERVICES AND LEGAL PROTECTION FOR PROVIDERS. (a) USE OF CONTRACTS OUTSIDE MEDICAL TREATMENT FACILI- TIES. —Section 1091(a) of title 10, United States Code, is amended— (1) by inserting "(1)" before "The Secretary of Defense"; and (2) by adding at the end the following new paragraph: "(2) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at Military Entrance Processing Stations) at locations outside medical treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary. The Secretary may not enter into a contract under this paragraph after the end of the oneyear period beginning on the date of the enactment of this paragraph. ". (b) DEFENSE OF SUITS.— Section 1089 of such title is amended— (1) in subsection (a), by adding at the end the following Applicabliity. new sentence: "This subsection shall also apply if the physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) involved is serving under a personal services contract entered into under section 1091 of this title."; and (2) in subsection (f)— (A) by inserting "(1)" after "(f)"; and (B) by adding at the end the following new paragraph: "(2) With respect to the Secretary of Defense and the Armed Forces Retirement Home Board, the authority provided by paragraph (1) also includes the authority to provide for reasonable attorney's fees for persons described in subsection (a), as determined necessary pursuant to regulations prescribed by the head of the agency concerned.". (c) REPORT.— Not later than March 31, 1998, the Secretary of Defense shall submit to Congress a report on the feasible alternative means for performing the medical screening examinations that are routinely performed at Military Entrance Processing Stations. The report shall contain a discussion of the feasibility and cost of the use of— (1) the TRICARE system for the performance of the examinations; and (2) each other alternative identified in the report. SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF DEFENSE HEALTH CARE PROFESSIONALS. Section 1094 of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and

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