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(1) the need for mental health treatment and
services for female members of the Armed Forces and
veterans; and
(2) the efficacy and adequacy of existing mental
health treatment programs and services for female
members of the Armed Forces and veterans.
(b) ELEMENTS.—The review required by subsection (a)
shall include, but not be limited to, an assessment of the
following:
(1) The need for mental health outreach, preven-
tion, and treatment services specifically for female
members of the Armed Forces and veterans.
(2) The access to and efficacy of existing mental
health outreach, prevention, and treatment services
and programs (including substance abuse programs)
for female veterans who served in a combat zone.
(3) The access to and efficacy of services and
treatment for female members of the Armed Forces
and veterans who experience post-traumatic stress
disorder (PTSD).
(4) The availability of services and treatment for
female members of the Armed Forces and veterans
who experienced sexual assault or abuse.
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(5) The access to and need for treatment facili-
ties focusing on the mental health care needs of female
members of the Armed Forces and veterans.
(6) The need for further clinical research on the
unique needs of female veterans who served in a com-
bat zone.
(c) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense and
the Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the review
required by subsection (a).
(d) POLICY REQUIRED.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of De-
fense and the Secretary of Veterans Affairs shall jointly de-
velop a comprehensive policy to address the treatment and
care needs of female members of the Armed Forces and vet-
erans who experience mental health problems and condi-
tions, including post-traumatic stress disorder. The policy
shall take into account and reflect the results of the review
required by subsection (a).
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SEC. 135. FUNDING FOR IMPROVED DIAGNOSIS, TREAT-
MENT, AND REHABILITATION OF MEMBERS
OF THE ARMED FORCES WITH TRAUMATIC
BRAIN INJURY OR POST-TRAUMATIC STRESS
DISORDER.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Funds are hereby authorized
to be appropriated for fiscal year 2008 for the De-
partment of Defense for Defense Health Program in
the amount of $50,000,000, with such amount to be
available for activities as follows:
(A) Activities relating to the improved diag-
nosis, treatment, and rehabilitation of members
of the Armed Forces with traumatic brain injury
(TBI).
(B) Activities relating to the improved diag-
nosis, treatment, and rehabilitation of members
of the Armed Forces with post-traumatic stress
disorder (PTSD).
(2) AVAILABILITY OF AMOUNT.—Of the amount
authorized to be appropriated by paragraph (1),
$17,000,000 shall be available for the Defense and
Veterans Brain Injury Center of the Department of
Defense.
(b) SUPPLEMENT NOT SUPPLANT.—The amount au-
thorized to be appropriated by subsection (a) for Defense
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Health Program is in addition to any other amounts au-
thorized to be appropriated by this Act for Defense Health
Program.
SEC. 136. REPORTS.
(a) REPORTS ON IMPLEMENTATION OF CERTAIN RE-
QUIREMENTS.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report describing
the progress in implementing the requirements as follows:
(1) The requirements of section 721 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109–364; 120 Stat. 2294), re-
lating to a longitudinal study on traumatic brain in-
jury incurred by members of the Armed Forces in Op-
eration Iraqi Freedom and Operation Enduring Free-
dom.
(2) The requirements arising from the amend-
ments made by section 738 of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007
(120 Stat. 2303), relating to enhanced mental health
screening and services for members of the Armed
Forces.
(3) The requirements of section 741 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (120 Stat. 2304), relating to pilot projects
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on early diagnosis and treatment of post-traumatic
stress disorder and other mental health conditions.
(b) ANNUAL REPORTS ON EXPENDITURES FOR ACTIVI-
TIES ON TBI AND PTSD.—
(1) REPORTS REQUIRED.—Not later than March
1, 2008, and each year thereafter through 2013, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the amounts
expended by the Department of Defense during the
preceding calendar year on activities described in
paragraph (2), including the amount allocated during
such calendar year to the Defense and Veterans Brain
Injury Center of the Department.
(2) COVERED
ACTIVITIES.—The activities de-
scribed in this paragraph are activities as follows:
(A) Activities relating to the improved diag-
nosis, treatment, and rehabilitation of members
of the Armed Forces with traumatic brain injury
(TBI).
(B) Activities relating to the improved diag-
nosis, treatment, and rehabilitation of members
of the Armed Forces with post-traumatic stress
disorder (PTSD).
(3) ELEMENTS.—Each report under paragraph
(1) shall include—
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(A) a description of the amounts expended
as described in that paragraph, including a de-
scription of the activities for which expended;
(B) a description and assessment of the out-
come of such activities;
(C) a statement of priorities of the Depart-
ment in activities relating to the prevention, di-
agnosis, research, treatment, and rehabilitation
of traumatic brain injury in members of the
Armed Forces during the year in which such re-
port is submitted and in future calendar years;
(D) a statement of priorities of the Depart-
ment in activities relating to the prevention, di-
agnosis, research, treatment, and rehabilitation
of post-traumatic stress disorder in members of
the Armed Forces during the year in which such
report is submitted and in future calendar years;
and
(E) an assessment of the progress made to-
ward achieving the priorities stated in subpara-
graphs (C) and (D) in the report under para-
graph (1) in the previous year, and a description
of any actions planned during the year in which
such report is submitted to achieve any
unfulfilled priorities during such year.
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PART IV—OTHER MATTERS
SEC. 141. JOINT ELECTRONIC HEALTH RECORD FOR THE
DEPARTMENT OF DEFENSE AND DEPART-
MENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly—
(1) develop and implement a joint electronic
health record for use by the Department of Defense
and the Department of Veterans Affairs; and
(2) accelerate the exchange of health care infor-
mation between the Department of Defense and the
Department of Veterans Affairs in order to support
the delivery of health care by both Departments.
(b) DEPARTMENT OF DEFENSE-DEPARTMENT OF VET-
ERANS AFFAIRS INTERAGENCY PROGRAM OFFICE FOR A
JOINT ELECTRONIC HEALTH RECORD.—
(1) IN GENERAL.—There is hereby established a
joint element of the Department of Defense and the
Department of Veterans Affairs to be known as the
‘‘Department of Defense-Department of Veterans Af-
fairs Interagency Program Office for a Joint Elec-
tronic Health Record’’ (in this section referred to as
the ‘‘Office’’).
(2) PURPOSES.—The purposes of the Office shall
be as follows:
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(A) To act as a single point of account-
ability for the Department of Defense and the
Department of Veterans Affairs in the rapid de-
velopment, test, and implementation of a joint
electronic health record for use by the Depart-
ment of Defense and the Department of Veterans
Affairs.
(B) To accelerate the exchange of health
care information between Department of Defense
and the Department of Veterans Affairs in order
to support the delivery of health care by both De-
partments.
(c) LEADERSHIP.—
(1) DIRECTOR.—The Director of the Department
of Defense-Department of Veterans Affairs Inter-
agency Program Office for a Joint Electronic Health
Record shall be the head of the Office.
(2) DEPUTY DIRECTOR.—The Deputy Director of
the Department of Defense-Department of Veterans
Affairs Interagency Program Office for a Joint Elec-
tronic Health Record shall be the deputy head of the
office and shall assist the Director in carrying out the
duties of the Director.
(3) APPOINTMENTS.—(A) The Director shall be
appointed by the Secretary of Defense, with the con-
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currence of the Secretary of Veterans Affairs, from
among employees of the Department of Defense and
the Department of Veterans Affairs in the Senior Ex-
ecutive Service who are qualified to direct the develop-
ment and acquisition of major information technology
capabilities.
(B) The Deputy Director shall be appointed by
the Secretary of Veterans Affairs, with the concur-
rence of the Secretary of Defense, from among employ-
ees of the Department of Defense and the Department
of Veterans Affairs in the Senior Executive Service
who are qualified to direct the development and ac-
quisition of major information technology capabili-
ties.
(4) ADDITIONAL GUIDANCE.—In addition to the
direction, supervision, and control provided by the
Secretary of Defense and the Secretary of Veterans Af-
fairs, the Office shall also receive guidance from the
Department of Veterans Affairs-Department of De-
fense Joint Executive Committee under section 320 of
title 38, United States Code, in the discharge of the
functions of the Office under this section.
(5) TESTIMONY.—Upon request by any of the ap-
propriate committees of Congress, the Director and
the Deputy Director shall testify before such com-
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mittee regarding the discharge of the functions of the
Office under this section.
(d) FUNCTION.—The function of the Office shall be to
develop and prepare for deployment, by not later than Sep-
tember 30, 2010, a joint electronic health record to be uti-
lized by both the Department of Defense and the Depart-
ment of Veterans Affairs in the provision of medical care
and treatment to members of the Armed Forces and vet-
erans, which health record shall comply with applicable
interoperability standards, implementation specifications,
and certification criteria (including for the reporting of
quality measures) of the Federal Government.
(e) SCHEDULES AND BENCHMARKS.—Not later than
30 days after the date of the enactment of this Act, the Sec-
retary of Defense and the Secretary of Veterans Affairs shall
jointly establish a schedule and benchmarks for the dis-
charge by the Office of its function under this section, in-
cluding each of the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment
of the requirements for the joint electronic health
record described in subsection (d), including coordina-
tion with the Office of the National Coordinator for
Health Information Technology in the development of
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a nationwide interoperable health information tech-
nology infrastructure.
(3) A schedule and associated deadlines for any
acquisition and testing required in the development
and deployment of the joint electronic health record.
(4) A schedule and associated deadlines and re-
quirements for the deployment of the joint electronic
health record.
(5) Proposed funding for the Office for each of
fiscal years 2009 through 2013 for the discharge of its
function.
(f) PILOT PROJECTS.—
(1) AUTHORITY.—In order to assist the Office in
the discharge of its function under this section, the
Secretary of Defense and the Secretary of Veterans Af-
fairs may, acting jointly, carry out one or more pilot
projects to assess the feasability and advisability of
various technological approaches to the achievement of
the joint electronic health record described in sub-
section (d).
(2) TREATMENT AS SINGLE HEALTH CARE SYS-
TEM.—For purposes of each pilot project carried out
under this subsection, the health care system of the
Department of Defense and the health care system of
the Department of Veterans Affairs shall be treated as
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a single health care system for purposes of the regula-
tions promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d–2 note).
(g) STAFF AND OTHER RESOURCES.—
(1) IN GENERAL.—The Secretary of Defense and
the Secretary of Veterans Affairs shall assign to the
Office such personnel and other resources of the De-
partment of Defense and the Department of Veterans
Affairs as are required for the discharge of its func-
tion under this section.
(2) ADDITIONAL SERVICES.—Subject to the ap-
proval of the Secretary of Defense and the Secretary
of Veterans Affairs, the Director may utilize the serv-
ices of private individuals and entities as consultants
to the Office in the discharge of its function under
this section. Amounts available to the Office shall be
available for payment for such services.
(h) ANNUAL REPORTS.—
(1) IN GENERAL.—Not later than January 1,
2009, and each year thereafter through 2014, the Di-
rector shall submit to the Secretary of Defense and the
Secretary of Veterans Affairs, and to the appropriate
committees of Congress, a report on the activities of
the Office during the preceding calendar year. Each
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report shall include, for the year covered by such re-
port, the following:
(A) A detailed description of the activities
of the Office, including a detailed description of
the amounts expended and the purposes for
which expended.
(B) An assessment of the progress made by
the Department of Defense and the Department
of Veterans Affairs in the development and im-
plementation of the joint electronic health record
described in subsection (d).
(2) AVAILABILITY TO PUBLIC.—The Secretary of
Defense and the Secretary of Veterans Affairs shall
make available to the public each report submitted
under paragraph (1), including by posting such re-
port on the Internet website of the Department of De-
fense and the Department of Veterans Affairs, respec-
tively, that is available to the public.
(i) COMPTROLLER GENERAL ASSESSMENT OF IMPLE-
MENTATION.—Not later than six months after the date of
the enactment of this Act and every six months thereafter
until the completion of the implementation of the joint elec-
tronic health record described in subsection (d), the Comp-
troller General of the United States shall submit to the ap-
propriate committees of Congress a report setting forth the
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assessment of the Comptroller General of the progress of the
Department of Defense and the Department of Veterans Af-
fairs in developing and implementing the joint electronic
health record.
(j) FUNDING.—
(1) IN GENERAL.—The Secretary of Defense and
the Secretary of Veterans Affairs shall each contribute
equally to the costs of the Office in fiscal year 2008
and fiscal years thereafter. The amount so contributed
by each Secretary in fiscal year 2008 shall be up to
$10,000,000.
(2) SOURCE OF FUNDS.—(A) Amounts contrib-
uted by the Secretary of Defense under paragraph (1)
shall be derived from amounts authorized to be appro-
priated for the Department of Defense for the Defense
Health Program and available for program manage-
ment and technology resources.
(B) Amounts contributed by the Secretary of Vet-
erans Affairs under paragraph (1) shall be derived
from amounts authorized to be appropriated for the
Department of Veterans Affairs for Medical Care and
available for program management and technology re-
sources.
(k) JOINT ELECTRONIC HEALTH RECORD DEFINED.—
In this section, the term ‘‘joint electronic health record’’
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means a single system that includes patient information
across the continuum of medical care, including inpatient
care, outpatient care, pharmacy care, patient safety, and
rehabilitative care.
SEC. 142. ENHANCED PERSONNEL AUTHORITIES FOR THE
DEPARTMENT 
OF 
DEFENSE 
FOR 
HEALTH
CARE PROFESSIONALS FOR CARE AND TREAT-
MENT OF WOUNDED AND INJURED MEMBERS
OF THE ARMED FORCES.
(a) IN GENERAL.—Section 1599c of title 10, United
States Code, is amended to read as follows:
‘‘§ 1599c. Health care professionals: enhanced ap-
pointment and compensation authority
for personnel for care and treatment of
wounded and injured members of the
armed forces
‘‘(a) IN GENERAL.—The Secretary of Defense may, in
the discretion of the Secretary, exercise any authority for
the appointment and pay of health care personnel under
chapter 74 of title 38 for purposes of the recruitment, em-
ployment, and retention of civilian health care professionals
for the Department of Defense if the Secretary determines
that the exercise of such authority is necessary in order to
provide or enhance the capacity of the Department to pro-
vide care and treatment for members of the armed forces
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who are wounded or injured on active duty in the armed
forces and to support the ongoing patient care and medical
readiness, education, and training requirements of the De-
partment of Defense.
‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secre-
taries of the military departments shall each develop and
implement a strategy to disseminate among appropriate
personnel of the military departments authorities and best
practices for the recruitment of medical and health profes-
sionals, including the authorities under subsection (a).
‘‘(2) Each strategy under paragraph (1) shall—
‘‘(A) assess current recruitment policies, proce-
dures, and practices of the military department con-
cerned to assure that such strategy facilitates the im-
plementation of efficiencies which reduce the time re-
quired to fill vacant positions for medical and health
professionals; and
‘‘(B) clearly identify processes and actions that
will be used to inform and educate military and civil-
ian personnel responsible for the recruitment of med-
ical and health professionals.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 81 of such title is amended by
striking the item relating to section 1599c and inserting
the following new item:
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‘‘1599c. Health care professionals: enhanced appointment and compensation au-
thority for personnel for care and treatment of wounded and in-
jured members of the armed forces.’’.
(c) REPORTS ON STRATEGIES ON RECRUITMENT OF
MEDICAL AND HEALTH PROFESSIONALS.—Not later than
six months after the date of the enactment of this Act, each
Secretary of a military department shall submit to the con-
gressional defense committees a report setting forth the
strategy developed by such Secretary under section 1599c(b)
of title 10, United States Code, as added by subsection (a).
SEC. 
143. 
PERSONNEL 
SHORTAGES 
IN 
THE 
MENTAL
HEALTH WORKFORCE OF THE DEPARTMENT
OF DEFENSE, INCLUDING PERSONNEL IN THE
MENTAL HEALTH WORKFORCE.
(a) RECOMMENDATIONS ON MEANS OF ADDRESSING
SHORTAGES.—
(1) REPORT.—Not later than 45 days after the
date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a
report setting forth the recommendations of the Sec-
retary for such legislative or administrative actions
as the Secretary considers appropriate to address
shortages in health care professionals within the De-
partment of Defense, including personnel in the men-
tal health workforce.
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(2) ELEMENTS.—The report required by para-
graph (1) shall address the following:
(A) Enhancements or improvements of fi-
nancial incentives for health care professionals,
including personnel in the mental health work-
force, of the Department of Defense in order to
enhance the recruitment and retention of such
personnel, including recruitment, accession, or
retention bonuses and scholarship, tuition, and
other financial assistance.
(B) Modifications of service obligations of
health care professionals, including personnel in
the mental health workforce.
(C) Such other matters as the Secretary
considers appropriate.
(b) RECRUITMENT.—Commencing not later than 180
days after the date of the enactment of this Act, the Sec-
retary of Defense shall implement programs to recruit
qualified individuals in health care fields (including mental
health) to serve in the Armed Forces as health care and
mental health personnel of the Armed Forces.
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Subtitle C—Disability Matters
PART I—DISABILITY EVALUATIONS
SEC. 151. UTILIZATION OF VETERANS’ PRESUMPTION OF
SOUND CONDITION IN ESTABLISHING ELIGI-
BILITY OF MEMBERS OF THE ARMED FORCES
FOR RETIREMENT FOR DISABILITY.
(a) RETIREMENT OF REGULARS AND MEMBERS ON
ACTIVE DUTY FOR MORE THAN 30 DAYS.—Clause (i) of
section 1201(b)(3)(B) of title 10, United States Code, is
amended to read as follows:
‘‘(i) the member has six months or
more of active military service and the dis-
ability was not noted at the time of the
member’s entrance on active duty (unless
compelling evidence or medical judgment is
such to warrant a finding that the dis-
ability existed before the member’s entrance
on active duty);’’.
(b) SEPARATION OF REGULARS AND MEMBERS ON AC-
TIVE
DUTY
FOR
MORE
THAN
DAYS.—Section
1203(b)(4)(B) of such title is amended by striking ‘‘and the
member has at least eight years of service computed under
section 1208 of this title’’ and inserting ‘‘, the member has
six months or more of active military service, and the dis-
ability was not noted at the time of the member’s entrance
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on active duty (unless evidence or medical judgment is such
to warrant a finding that the disability existed before the
member’s entrance on active duty)’’.
SEC. 152. REQUIREMENTS AND LIMITATIONS ON DEPART-
MENT OF DEFENSE DETERMINATIONS OF DIS-
ABILITY WITH RESPECT TO MEMBERS OF THE
ARMED FORCES.
(a) IN GENERAL.—Chapter 61 of title 10, United
States Code, is amended by inserting after section 1216 the
following new section:
‘‘§ 1216a. Determinations of disability: requirements
and limitations on determinations
‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING DIS-
ABILITIES IN DETERMINATIONS OF DISABILITY.—(1) In
making a determination of disability of a member of the
armed forces for purposes of this chapter, the Secretary
concerned—
‘‘(A) shall, to the extent feasible, utilize the
schedule for rating disabilities in use by the Depart-
ment of Veterans Affairs, including any applicable
interpretation of the schedule by the United States
Court of Appeals for Veterans Claims; and
‘‘(B) except as provided in paragraph (2), may
not deviate from the schedule or any such interpreta-
tion of the schedule.
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‘‘(2) In making a determination described in para-
graph (1), the Secretary concerned may utilize in lieu of
the schedule described in that paragraph such criteria as
the Secretary of Defense and the Secretary of Veterans Af-
fairs may jointly prescribe for purposes of this subsection
if the utilization of such criteria will result in a determina-
tion of a greater percentage of disability than would be oth-
erwise determined through the utilization of the schedule.
‘‘(b) CONSIDERATION
OF
ALL
MEDICAL
CONDI-
TIONS.—In making a determination of the rating of dis-
ability of a member of the armed forces for purposes of this
chapter, the Secretary concerned shall take into account all
medical conditions, whether individually or collectively,
that render the member unfit to perform the duties of the
member’s office, grade, rank, or rating.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 61 of such title is amended by in-
serting after the item relating to section 1216 the following
new item:
‘‘1216a. Determinations of disability: requirements and limitations on determina-
tions.’’.
SEC. 153. REVIEW OF SEPARATION OF MEMBERS OF THE
ARMED FORCES SEPARATED FROM SERVICE
WITH A DISABILITY RATING OF 20 PERCENT
DISABLED OR LESS.
(a) BOARD REQUIRED.—
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(1) IN GENERAL.—Chapter 79 of title 10, United
States Code, is amended by inserting after section
1554 adding the following new section:
‘‘§ 1554a. Review of separation with disability rating
of 20 percent disabled or less
‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall
establish within the Office of the Secretary of Defense a
board of review to review the disability determinations of
covered individuals by Physical Evaluation Boards. The
board shall be known as the ‘Physical Disability Board of
Review’.
‘‘(2) The Board shall consist of not less than three
members appointed by the Secretary.
‘‘(b) COVERED INDIVIDUALS.—For purposes of this
section, covered individuals are members and former mem-
bers of the armed forces who, during the period beginning
on September 11, 2001, and ending on December 31,
2009—
‘‘(1) are separated from the armed forces due to
unfitness for duty due to a medical condition with a
disability rating of 20 percent disabled or less; and
‘‘(2) are found to be not eligible for retirement.
‘‘(c) REVIEW.—(1) Upon its own motion, or upon the
request of a covered individual, or a surviving spouse, next
of kin, or legal representative of a covered individual, the
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Board shall review the findings and decisions of the Phys-
ical Evaluation Board with respect to such covered indi-
vidual.
‘‘(2) The review by the Board under paragraph (1)
shall be based on the records of the armed force concerned
and such other evidence as may be presented to the Board.
A witness may present evidence to the Board by affidavit
or by any other means considered acceptable by the Sec-
retary of Defense.
‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Board
may, as a result of its findings under a review under sub-
section (c), recommend to the Secretary concerned the fol-
lowing (as applicable) with respect to a covered individual:
‘‘(1) No recharacterization of the separation of
such individual or modification of the disability rat-
ing previously assigned such individual.
‘‘(2) The recharacterization of the separation of
such individual to retirement for disability.
‘‘(3) The modification of the disability rating
previously assigned such individual by the Physical
Evaluation Board concerned, which modified dis-
ability rating may not be a reduction of the disability
rating previously assigned such individual by that
Physical Evaluation Board.
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‘‘(4) The issuance of a new disability rating for
such individual.
‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The
Secretary concerned may correct the military records of a
covered individual in accordance with a recommendation
made by the Board under subsection (d). Any such correc-
tion may be made effective as of the effective date of the
action taken on the report of the Physical Evaluation Board
to which such recommendation relates.
‘‘(2) In the case of a member previously separated pur-
suant to the findings and decision of a Physical Evaluation
Board together with a lump-sum or other payment of back
pay and allowances at separation, the amount of pay or
other monetary benefits to which such member would be en-
titled based on the member’s military record as corrected
shall be reduced to take into account receipt of such lump-
sum or other payment in such manner as the Secretary of
Defense considers appropriate.
‘‘(3) If the Board makes a recommendation not to cor-
rect the military records of a covered individual, the action
taken on the report of the Physical Evaluation Board to
which such recommendation relates shall be treated as final
as of the date of such action.
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‘‘(f) REGULATIONS.—(1) This section shall be carried
out in accordance with regulations prescribed by the Sec-
retary of Defense.
‘‘(2) The regulations under paragraph (1) shall specify
reasonable deadlines for the performance of reviews required
by this section.
‘‘(3) The regulations under paragraph (1) shall specify
the effect of a determination or pending determination of
a Physical Evaluation Board on considerations by boards
for correction of military records under section 1552 of this
title.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 79 of such title is
amended by inserting after the item relating to sec-
tion 1554 the following new item:
‘‘1554a. Review of separation with disability rating of 20 percent disabled or
less.’’.
(b) IMPLEMENTATION.—The Secretary of Defense shall
establish the board of review required by section 1554a of
title 10, United States Code (as added by subsection (a)),
and prescribe the regulations required by such section, not
later than 90 days after the date of the enactment of this
Act.
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SEC. 154. PILOT PROGRAMS ON REVISED AND IMPROVED
DISABILITY EVALUATION SYSTEM FOR MEM-
BERS OF THE ARMED FORCES.
(a) PILOT PROGRAMS.—
(1) IN
GENERAL.—The Secretary of Defense
shall, in consultation with the Secretary of Veterans
Affairs, carry out pilot programs with respect to the
disability evaluation system of the Department of De-
fense for the purpose set forth in subsection (d).
(2) REQUIRED PILOT PROGRAMS.—In carrying
out this section, the Secretary of Defense shall carry
out the pilot programs described in paragraphs (1)
through (3) of subsection (c). Each such pilot program
shall be implemented not later than 90 days after the
date of the enactment of this Act.
(3) AUTHORIZED
PILOT
PROGRAMS.—In car-
rying out this section, the Secretary of Defense may
carry out such other pilot programs as the Secretary
of Defense, in consultation with the Secretary of Vet-
erans Affairs, considers appropriate.
(b) DISABILITY EVALUATION SYSTEM OF THE DE-
PARTMENT OF DEFENSE.—For purposes of this section, the
disability evaluation system of the Department of Defense
is the system of the Department for the evaluation of the
disabilities of members of the Armed Forces who are being
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separated or retired from the Armed Forces for disability
under chapter 61 of title 10, United States Code.
(c) SCOPE OF PILOT PROGRAMS.—
(1) DISABILITY DETERMINATIONS BY DOD UTI-
LIZING VA ASSIGNED DISABILITY RATING.—Under one
of the pilot programs under subsection (a), for pur-
poses of making a determination of disability of a
member of the Armed Forces under section 1201(b) of
title 10, United States Code, for the retirement, sepa-
ration, or placement of the member on the temporary
disability retired list under chapter 61 of such title,
upon a determination by the Secretary of the mili-
tary department concerned that the member is unfit
to perform the duties of the member’s office, grade,
rank, or rating because of a physical disability as de-
scribed in section 1201(a) of such title—
(A) the Secretary of Veterans Affairs
shall—
(i) conduct an evaluation of the mem-
ber for physical disability; and
(ii) assign the member a rating of dis-
ability in accordance with the schedule for
rating disabilities utilized by the Secretary
of Veterans Affairs based on all medical
conditions (whether individually or collec-
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tively) that render the member unfit for
duty; and
(B) the Secretary of the military depart-
ment concerned shall make the determination of
disability regarding the member utilizing the
rating of disability assigned under subparagraph
(A)(ii).
(2) DISABILITY
DETERMINATIONS
UTILIZING
JOINT DOD/VA ASSIGNED DISABILITY RATING.—Under
one of the pilot programs under subsection (a), in
making a determination of disability of a member of
the Armed Forces under section 1201(b) of title 10,
United States Code, for the retirement, separation, or
placement of the member on the temporary disability
retired list under chapter 61 of such title, the Sec-
retary of the military department concerned shall,
upon determining that the member is unfit to perform
the duties of the member’s office, grade, rank, or rat-
ing because of a physical disability as described in
section 1201(a) of such title—
(A) provide for the joint evaluation of the
member for disability by the Secretary of the
military department concerned and the Sec-
retary of Veterans Affairs, including the assign-
ment of a rating of disability for the member in
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accordance with the schedule for rating disabil-
ities utilized by the Secretary of Veterans Affairs
based on all medical conditions (whether indi-
vidually or collectively) that render the member
unfit for duty; and
(B) make the determination of disability re-
garding the member utilizing the rating of dis-
ability assigned under subparagraph (A).
(3) ELECTRONIC CLEARING HOUSE.—Under one
of the pilot programs, the Secretary of Defense shall
establish and operate a single Internet website for the
disability evaluation system of the Department of De-
fense that enables participating members of the
Armed Forces to fully utilize such system through the
Internet, with such Internet website to include the fol-
lowing:
(A) The availability of any forms required
for the utilization of the disability evaluation
system by members of the Armed Forces under
the system.
(B) Secure mechanisms for the submission
of such forms by members of the Armed Forces
under the system, and for the tracking of the ac-
ceptance and review of any forms so submitted.
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(C) Secure mechanisms for advising mem-
bers of the Armed Forces under the system of any
additional information, forms, or other items
that are required for the acceptance and review
of any forms so submitted.
(D) The continuous availability of assist-
ance to members of the Armed Forces under the
system (including assistance through the case-
workers assigned to such members of the Armed
Forces) in submitting and tracking such forms,
including assistance in obtaining information,
forms, or other items described by subparagraph
(C).
(E) Secure mechanisms to request and re-
ceive personnel files or other personnel records of
members of the Armed Forces under the system
that are required for submission under the dis-
ability evaluation system, including the capa-
bility to track requests for such files or records
and to determine the status of such requests and
of responses to such requests.
(4) OTHER PILOT PROGRAMS.—Under any pilot
program carried out by the Secretary of Defense
under subsection (a)(3), the Secretary shall provide
for the development, evaluation, and identification of
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such practices and procedures under the disability
evaluation system of the Department of Defense as the
Secretary considers appropriate for purpose set forth
in subsection (d).
(d) PURPOSE.—The purpose of each pilot program
under subsection (a) shall be—
(1) to provide for the development, evaluation,
and identification of revised and improved practices
and procedures under the disability evaluation system
of the Department of Defense in order to—
(A) reduce the processing time under the
disability evaluation system of members of the
Armed Forces who are likely to be retired or sep-
arated for disability, and who have not requested
continuation on active duty, including, in par-
ticular, members who are severely wounded;
(B) identify and implement or seek the
modification of statutory or administrative poli-
cies and requirements applicable to the disability
evaluation system that—
(i) are unnecessary or contrary to ap-
plicable best practices of civilian employers
and civilian healthcare systems; or
(ii) otherwise result in hardship, arbi-
trary, or inconsistent outcomes for members