Page:United States Statutes at Large Volume 122.djvu/4178

 12 2 STA T .4 1 5 5 PUBLIC LA W 11 0–389—O CT. 10 , 2008 (b)PILOT P R O G R AM O N PRO V I S ION O FCHECK LISTS TO I N D IVID -U ALS S U B MITTING CLAIMS .— ( 1 ) IN GENERAL.— The Se cr e ta r ys ha l l carry ou ta pi lot pro g ra m to assess the f easibility a nd ad v isability of providing to a claimant for w hom the Secretary is re q uired under section 5 1 03 (a) of title 3 8,U nited States Code, to provide notice of required information and evidence to such claimant and such claimant ’ s representative, if any, a chec k list that includes information or evidence required to be submitted by the claim- ant to substantiate the claim. ( 2 ) D URATION OF P ILOT PROGRAM.—The pilot program under this subsection shall be carried out— ( A ) for original claims filed after the date of the enact- ment of this Act, during the one-year period beginning on the date that is 6 0 days after the date of the enactment of this Act and ( B ) for claims to reopen and for claims for increased ratings that were filed after the date of the enactment of this Act, during the three-year period beginning on the date that is 60 days after the date of the enactment of this Act. (3) PROGRAM LOCATIONS.—The pilot program under this subsection shall be carried out at four regional offices of the Department selected by the Secretary for purposes of such pilot program. ( 4 ) CONSTRUCTION.—A checklist provided under the pilot program under this subsection— (A) shall be construed to be an addendum to a notice provided under section 5103(a) of title 38, United Sates Code; and (B) shall not be considered as part of such notice for purposes of reversal or remand of a decision of the Sec- retary. (c) R EPORTS.— (1) F IRST INITIAL REPORT.— N ot later than 335 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under sub- section (a) and the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(A). (2) SECOND INTERIM REPORT.—Not later than 1,065 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(B). (3) E LEMENTS OF INTERIM REPORTS.—The reports required by paragraphs (1) and (2) shall include the following

(A) Data concerning the number and type of claims covered by the respective pilot program. (B) The findings of the Secretary with respect to the respective pilot program. (C) The recommendations of the Secretary on the feasi- bility and advisability of continuing or e x panding the respective pilot program and any necessary modifications to such pilot program for continuation or expansion. (D) Such other information as the Secretary considers appropriate.

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