Page:United States Statutes at Large Volume 122.djvu/493

 12 2 STA T .470PUBLIC LA W 110 – 1 8 1 —J A N .28, 2008 (i)areun ne c e s sar yo r con t rary to a p p l ica b le best practices o f ci v ilian e m ployers an d civilian h ealthcare systems or (ii) other w ise result in hardship , arbitrary, or inconsistent outcomes for members of the A rmed F orces, or unwarranted inefficiencies and delays; ( C ) eliminate material variations in policies, interpreta - tions, and overall performance standards amon g the mili- tary departments under the disability evaluation system; and ( D ) determine whether it enhances the capability of the Department of V eterans Affairs to receive and deter- mine claims from members of the Armed Forces for com- pensation, pension, hospitali z ation, or other veterans bene- fits . ( 2 ) I n con j unction with the findings and recommendations of applicable P residential and Department of Defense study groups, to provide for the eventual development of revised and improved practices and procedures for the disability evalua- tion system in order to achieve the objectives set forth in paragraph ( 1 ). (d) UTIL I ZA TI ON O FRESU LTSINU PD ATES OF CO M P R E H ENSI V E POLI CY ON CARE, M ANA G EMENT, AND T RANSITION OF RECOVERING S ERVICE MEM B ERS. — The Secretary of Defense and the Secretary of Veterans Affairs, acting jointly, may incorporate responses to any findings and recommendations arising under the pilot programs conducted under subsection (a) in updating the comprehensive policy on the care and management of covered service members under section 1 6 11(a)( 4 ). (e) CONSTRUCTION W ITH O THER AUTHORITIES.— (1) IN GENERAL.—Subject to paragraph (2), in carrying out a pilot program under subsection (a)— (A) the rules and regulations of the Department of Defense and the Department of Veterans Affairs relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces shall apply to the pilot program only to the e x tent provided in the report on the pilot program under subsection (g)(1); and ( B ) the Secretary of Defense and the Secretary of Vet- erans Affairs may waive any provision of title 1 0, 37 , or3 8, United States Code, relating to methods of deter- mining fitness or unfitness for duty and disability ratings for members of the Armed Forces if the Secretaries deter- mine in writing that the application of such provision would be inconsistent with the purpose of the pilot program. (2) L IMITATION.— N othing in paragraph (1) shall be con- strued to authorize the waiver of any provision of section 1216a of title 10, United States Code, as added by section 1642 of this Act. (f) DURATION.— E ach pilot program conducted under subsection (a) shall be completed not later than one year after the date of the commencement of such pilot program under that subsection. (g) REPORTS.— (1) INITIAL REPORT.—Not later than 9 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report

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