Page:United States Statutes at Large Volume 115 Part 2.djvu/187

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1171 (f) REPORTS. —(1) If the Secretary of Defense and the Secretary Deadlines, of Veterans Affairs carry out the pilot program authorized by this section— (A) not later than January 31, 2004, the Secretaries shall jointly submit to Congress an interim report on the conduct of the pilot program; and (B) not later than March 1, 2005, the Secretaries shall jointly submit to Congress a final report on the conduct of the pilot program. (2) Reports under this subsection shall include the Secretaries' assessment, as of the date of the report, of the efficacy of the performance of separation physical examinations as provided for under the pilot program. (g) DEFINITIONS.— In this section: (1) The term "administering Secretaries" has the meaning given that term in section 1072(3) of title 10, United States Code. (2) The term "Secretary concerned" has the meaning given that term in section 101(5) of title 37, United States Code. SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF NONAVAILABILITY STATEMENT OR PREAUTHORIZATION. (a) CLARIFICATION OF COVERED BENEFICIARIES. —Subsection (a) of section 721 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-184) is amended by striking "covered 10 USC 1073 beneficiary under chapter 55 of title 10, United States Code, who note. is enrolled in TRICARE Standard," and inserting "covered beneficiary under TRICARE Standard pursuant to chapter 55 of title 10, United States Code,". (b) REPEAL OF REQUIREMENT FOR NOTIFICATION REGARDING HEALTH CARE RECEIVED FROM ANOTHER SOURCE. —Subsection (b) of such section is repealed. (c) WAIVER AUTHORITY.— Such section, as so amended, is further amended by striking subsection (c) and inserting the following new subsections: "(b) WAIVER AUTHORITY. — The Secretary may waive the prohibition in subsection (a) if— "(1) the Secretary— "(A) demonstrates that significant costs would be avoided by performing specific procedures at the affected military medical treatment facility or facilities; "(B) determines that a specific procedure must be provided at the affected military medical treatment facility or facilities to ensure the proficiency levels of the practitioners at the facility or facilities; or "(C) determines that the lack of nonavailability statement data would significantly interfere with TRICARE contract administration; "(2) the Secretary provides notification of the Secretary intent to grant a waiver under this subsection to covered beneficiaries who receive care at the military medical treatment facility or facilities that will be affected by the decision to grant a waiver under this subsection; "(3) the Secretary notifies the Committees on Armed Services of the House of Representatives and the Senate of the Secretary's intent to grant a waiver under this subsection.

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