10 U.S.C. § 1110a — Notification of certain individuals re-

Page 1171 TITLE 10—ARMED FORCES § 1110a (A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the in- formation specified in such paragraph with re- spect to the member; (B) any collection, storage, or use of such in- formation is conducted through means involv- ing such cyber protections as the Secretary determines necessary to safeguard the per- sonal information of the member; and (C) the system established under such para- graph is interoperable and compatible with the electronic health record system known as ‘‘MHS GENESIS’’, or such successor system. (b) PROCEDURES FOR MEDICAL AND ADMINISTRA- TIVE EXEMPTIONS FROM ANTHRAX VACCINE IMMU- NIZATION PROGRAM.—(1) The Secretary shall es- tablish uniform procedures under which mem- bers of the armed forces may be exempted from participating in the anthrax vaccine immuniza- tion program for either administrative or med- ical reasons. (2) The Secretaries of the military depart- ments shall provide for notification of all mem- bers of the armed forces of the procedures estab- lished pursuant to paragraph (1). (c) SYSTEM FOR MONITORING ADVERSE REAC- TIONS TO ANTHRAX VACCINE.—(1) The Secretary shall establish a system for monitoring adverse reactions of members of the armed forces to the anthrax vaccine. That system shall include the following: (A) Independent review of Vaccine Adverse Event Reporting System reports. (B) Periodic surveys of personnel to whom the vaccine is administered. (C) A continuing longitudinal study of a pre- identified group of members of the armed forces (including men and women and mem- bers from all services). (D) Active surveillance of a sample of mem- bers to whom the anthrax vaccine has been ad- ministered that is sufficient to identify, at the earliest opportunity, any patterns of adverse reactions, the discovery of which might be de- layed by reliance solely on the Vaccine Ad- verse Event Reporting System. (2) The Secretary may extend or expand any ongoing or planned study or analysis of trends in adverse reactions of members of the armed forces to the anthrax vaccine in order to meet any of the requirements in paragraph (1). (3) The Secretary shall establish guidelines under which members of the armed forces who are determined by an independent expert panel to be experiencing unexplained adverse reac- tions may obtain access to a Department of De- fense Center of Excellence treatment facility for expedited treatment and follow up. (Added Pub. L. 106–398, § 1 [[div. A], title VII, § 751(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–193; amended Pub. L. 117–81, div. A, title VII, § 716(a), (b), Dec. 27, 2021, 135 Stat. 1788.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, § 716(b)(1), substituted ‘‘System for tracking and recording vaccine information; an- thrax vaccine immunization program’’ for ‘‘Anthrax vaccine immunization program; procedures for exemp- tions and monitoring reactions’’ in section catchline. Subsec. (a). Pub. L. 117–81, § 716(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 117–81, § 716(a)(1), (b)(2), redesig- nated subsec. (a) as (b), inserted ‘‘From Anthrax Vac- cine Immunization Program’’ after ‘‘Exemptions’’ in heading, and substituted ‘‘Secretary’’ for ‘‘Secretary of Defense’’ in par. (1). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117–81, § 716(a)(1), (b)(3), redesig- nated subsec. (b) as (c) and inserted ‘‘to Anthrax Vac- cine’’ after ‘‘Reactions’’ in heading. Statutory Notes and Related Subsidiaries DEADLINE FOR ESTABLISHMENT OF SYSTEM Pub. L. 117–81, div. A, title VII, § 716(d), Dec. 27, 2021, 135 Stat. 1789, provided that: ‘‘The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023.’’ DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS FROM MANDATORY COVID–19 VACCINES Pub. L. 117–81, div. A, title VII, § 720, Dec. 27, 2021, 135 Stat. 1791, provided that: ‘‘(a) STANDARDS.—The Secretary of Defense shall es- tablish uniform standards under which covered mem- bers may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, med- ical, or religious reasons. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered member’ means a member of an Armed Force under the jurisdiction of the Sec- retary of a military department. ‘‘(2) The term ‘COVID–19 vaccine’ means any vac- cine for the coronavirus disease 2019 (COVID–19), in- cluding any subsequent booster shot for COVID–19.’’ DEADLINES FOR ESTABLISHMENT AND IMPLEMENTATION Pub. L. 106–398, § 1 [[div. A], title VII, § 751(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–195, provided that: ‘‘The Sec- retary of Defense shall— ‘‘(1) not later than April 1, 2001, establish the uni- form procedures for exemption from participation in the anthrax vaccine immunization program of the Department of Defense required under subsection (a) [now (b)] of section 1110 of title 10, United States Code (as added by subsection (b)); ‘‘(2) not later than July 1, 2001, establish the system for monitoring adverse reactions of members of the Armed Forces to the anthrax vaccine required under subsection (b)(1) [now (c)(1)] of such section; ‘‘(3) not later than April 1, 2001, establish the guide- lines under which members of the Armed Forces may obtain access to a Department of Defense Center of Excellence treatment facility for expedited treat- ment and follow up required under subsection (b)(3) [now (c)(3)] of such section; and ‘‘(4) not later than July 1, 2001, prescribe the regula- tions regarding emergency essential employees of the Department of Defense required under subsection (a) of section 1580a of such title (as added by subsection (c)).’’ § 1110a. Notification of certain individuals re- garding options for enrollment under Medi- care part B (a) IN GENERAL.—(1) As soon as practicable, the Secretary of Defense shall notify each indi- vidual described in subsection (b)— (A) that the individual is no longer eligible for health care benefits under the TRICARE program under this chapter; and (B) of options available for enrollment of the individual in the supplementary medical in- Page 1172 TITLE 10—ARMED FORCES § 1110b surance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.). (2) In carrying out this subsection, the Sec- retary of Defense shall— (A) establish procedures for identifying indi- viduals described in subsection (b); and (B) consult with the Secretary of Health and Human Services to accurately identify and no- tify such individuals. (b) INDIVIDUALS DESCRIBED.—An individual de- scribed in this subsection is an individual who is— (1) a covered beneficiary; (2) entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c) under section 226(b) or section 226A of such Act (42 U.S.C. 426(b) and 426–1); and (3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). (Added Pub. L. 111–84, div. A, title VII, § 707(a), Oct. 28, 2009, 123 Stat. 2376.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a)(1)(B) and (b)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1110b. TRICARE program: extension of depend- ent coverage (a) IN GENERAL.—In accordance with sub- section (c), an individual described in subsection (b) shall be deemed to be a dependent (as de- scribed in section 1072(2)(D) of this title) for pur- poses of coverage under the TRICARE program. (b) INDIVIDUAL DESCRIBED.—An individual de- scribed in this subsection is an individual who— (1) would be a dependent under section 1072(2) of this title but for exceeding an age limit under such section; (2) has not attained the age of 26; (3) is not eligible to enroll in an eligible em- ployer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986); (4) is not otherwise a dependent of a member or a former member under any subparagraph of section 1072(2) of this title; and (5) meets other criteria specified in regula- tions prescribed by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of the Public Health Service Act. (c) PREMIUM.—(1) The Secretary shall pre- scribe by regulation a premium (or premiums) for coverage under the TRICARE program pro- vided pursuant to this section to an individual described in subsection (b). Such premium shall apply instead of any enrollment fees required under section 1075 or 1075a of this title, as appro- priate. (2) The monthly amount of the premium in ef- fect for a month for coverage under the TRICARE program pursuant to this section shall be the amount equal to the cost of such coverage that the Secretary determines on an appropriate actuarial basis. (3) The Secretary shall prescribe the require- ments and procedures applicable to the payment of premiums under this subsection. (4) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Ac- count 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 for such fiscal year. (Added Pub. L. 111–383, div. A, title VII, § 702(a)(1), Jan. 7, 2011, 124 Stat. 4244; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(F), Dec. 23, 2016, 130 Stat. 2192; Pub. L. 115–91, div. A, title VII, § 739(f), Dec. 12, 2017, 131 Stat. 1447.) Editorial Notes REFERENCES IN TEXT Section 5000A of the Internal Revenue Code of 1986, referred to in subsec. (b)(3), is classified to section 5000A of Title 26, Internal Revenue Code. Section 2714 of the Public Health Service Act, re- ferred to in subsec. (b)(5), is classified to section 300gg–14 of Title 42, The Public Health and Welfare. AMENDMENTS 2017—Subsec. (c)(1). Pub. L. 115–91 substituted ‘‘sec- tion 1075 or 1075a of this title, as appropriate’’ for ‘‘sec- tion 1075 of this section’’. 2016—Subsec. (c)(1). Pub. L. 114–328 inserted at end ‘‘Such premium shall apply instead of any enrollment fees required under section 1075 of this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 applicable with re- spect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see sec- tion 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title. EFFECTIVE DATE AND REGULATIONS Pub. L. 111–383, div. A, title VII, § 702(b), Jan. 7, 2011, 124 Stat. 4245, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on January 1, 2011. The Secretary of Defense shall pre- scribe an interim final rule with respect to such amend- ments, effective not later than January 1, 2011.’’ CHAPTER 56—DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND Sec. 1111. Establishment and purpose of Fund; defini- tions; authority to enter into agreements. 1112. Assets of Fund. 1113. Payments from the Fund. 1114. Board of Actuaries. 1115. Determination of contributions to the Fund. 1116. Payments into the Fund. 1117. Investment of assets of Fund. Editorial Notes AMENDMENTS 2001—Pub. L. 107–107, div. A, title VII, § 711(e)(3), Dec. 28, 2001, 115 Stat. 1167, inserted ‘‘; authority to enter into agreements’’ after ‘‘definitions’’ in item 1111.