Pub. L. 117-81, div. A, tit. VII, subtit. B, sec. 716 (as amended)
ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK AND RECORD INFORMATION ON VACCINE ADMINISTRATION.
SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK AND RECORD INFORMATION ON VACCINE ADMINISTRATION.
(a) Establishment of System.âSection 1110 of title 10, United States Code, is amendedâ
(1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and
(2) by inserting after the heading the following new subsection:
â(a) Overall System to Track and Record Vaccine Information.â(1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:
â(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.
â(B) Any adverse reaction of the member related to such vaccine.
â(C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act (42 U.S.C. 262) and vaccines otherwise approved or authorized.
â(D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
â(E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title.
â(2) In carrying out paragraph (1), the Secretary of Defense shall ensure thatâ
â(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 information specified in such paragraph with respect to the member;
â(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and
â(C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as âMHS GENESISâ, or such successor system.â
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(b) Conforming Amendments.âSuch section is further amendedâ
(1) in the heading, by striking âAnthrax vaccine immunization program; procedures for exemptions and monitoring reactionsâ and inserting âSystem for tracking and recording vaccine information; anthrax vaccine immunization programâ;
(2) in subsection (b), as redesignated by subsection (a)(1)â
(A) in the heading, by inserting âFrom Anthrax Vaccine Immunization Programâ after âExemptionsâ ; and
(B) by striking âSecretary of Defenseâ and inserting âSecretaryâ; and
(3) in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting âto Anthrax Vaccineâ after âReactionsâ.
(c) [10 U.S.C. 1071] Clerical Amendment.âThe table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item:
â1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.â
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(d) [10 U.S.C. 1110 note] Deadline for Establishment of System.âThe 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.
(e) Report.âNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following:
(1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider).
(2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code.
(3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary.
(4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges.
(f) Definitions.âIn this section:
(1) The term âmilitary departmentsâ has the meaning given such term in section 101 of title 10, United States Code.
(2) The term âTRICARE programâ has the meaning given such term in section 1072 of such title.
- Cross-references to the US Code
- 10 U.S.C. 107110 U.S.C. 1110 note