118 STAT. 1993 PUBLIC LAW 108–375—OCT. 28, 2004 (2) by striking ‘‘is not feasible,’’ and all that follows through ‘‘members affected, or’’; and (3) by adding at the end the following new subparagraph: ‘‘(B) The waiver authority provided in subparagraph (A) shall not be construed to apply to any case other than a case in which an individual is required to be informed of an option to accept or refuse administration of a particular product by reason of a determination by the Secretary of Health and Human Services that emergency use of such product is authorized under section 564 of the Federal Food, Drug, and Cosmetic Act.’’. SEC. 727. TRICARE PROGRAM REGIONAL DIRECTORS. (a) RECOMMENDATIONS FOR SELECTION PROCESS FOR TRICARE PROGRAM REGIONAL DIRECTORS.—(1) The Secretary of Defense shall develop recommendations for a process for the selection of regional directors for TRICARE program administrative regions from among nominees and applicants for the position in accordance with this section. (2) The recommendations developed under paragraph (1) shall provide for a process for— (A) the Secretary of each military department to nominate, for each regional director position, one commissioned officer in a grade above colonel, or, in the case of the Navy, captain, or member of the Senior Executive Service under the jurisdic tion of that Secretary; and (B) the Secretary of Defense to accept applications for assignment or appointment to each such position from any other qualified person. (3) The recommendations developed under paragraph (1) shall also include recommendations with respect to— (A) the qualifications for regional directors; (B) the period of assignment of a commissioned officer as a regional director; (C) procedures for ensuring that fair consideration is given to each nominee and each applicant; and (D) such other requirements as considered appropriate by the Secretary. (b) REPORT.—Not later than March 1, 2005, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the recommendations developed by the Secretary under subsection (a). Subtitle D—Medical Readiness Tracking and Health Surveillance SEC. 731. MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS OVERSIGHT COMMITTEE. (a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall develop a comprehensive plan to improve medical readiness, and Department of Defense tracking of the health status, of members of the Armed Forces throughout their service in the Armed Forces, and to strengthen medical readiness and tracking before, during, and after deployment of members of the Armed Forces overseas. The matters covered by the comprehensive plan shall include all elements that are described in this title and the amendments made by this title and shall comply with requirements in law. 10 USC 1074 note.
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