[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6494 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6494
To provide veterans with individualized notice about available
benefits, to streamline application processes for the benefits, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2008
Mrs. Gillibrand (for herself, Mrs. McMorris Rodgers, and Ms. Ginny
Brown-Waite of Florida) introduced the following bill; which was
referred to the Committee on Veterans' Affairs, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide veterans with individualized notice about available
benefits, to streamline application processes for the benefits, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Real Outreach for Veterans
Act of 2008'' or the ``PRO-VETS Act of 2008''.
SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS' ACCESS TO BENEFITS.
(a) Agreement on Data Transfer.--
(1) In general.--The Secretary of Veterans Affairs shall
enter an agreement with the Secretary of Defense providing for
the transfer of data to the Secretary of Veterans Affairs in
accordance with this section for the purpose of providing
members of the Armed Forces and veterans with individualized
information about veterans benefits each member and veteran may
be eligible for.
(2) Contents of agreement.--
(A) Specific criteria for identification of data.--
The agreement shall specify criteria to identify data
of the Department of Defense, including personnel data
and data contained in an electronic medical record
system, that the Secretary of Defense and the Secretary
of Veterans Affairs agree could be used by the
Secretary of Veterans Affairs--
(i) to determine the eligibility of a
member of the Armed Forces or veteran for
veterans benefits; and
(ii) as an indicator of a likelihood that a
member of the Armed Forces or veteran is
eligible for veterans benefits.
(B) Electronic data transfer method.--The agreement
shall contain a description of an efficient electronic
method to be used for the transfer of data identified
in accordance with the criteria specified under
subparagraph (A) under the agreement.
(C) Transfer of data.--Under the agreement, the
Secretary of Defense shall transfer data identified in
accordance with the criteria under subparagraph (A) to
the Secretary of Veterans Affairs as follows:
(i) In the case of a member of the Armed
Forces who is scheduled for discharge or
separation from service, at the time the
Secretary of Defense first learns of the
scheduled discharge or separation, but not
later than one month after the date of
discharge or separation.
(ii) In the case of a member of the Armed
Forces or veteran not covered under clause (i),
at such time as is specified under the
agreement, but subject to subsection (e).
(b) Identification of Benefits Available.--
(1) Generation of initial list.--Not later than 7 days
after the date the Secretary of Veterans Affairs receives data
concerning a member of the Armed Forces or veteran under the
agreement under subsection (a), the Secretary shall compile a
list with respect to the member or veteran of all veterans
benefits for which the member or veteran may be eligible based
on the data. The list shall be divided into--
(A) benefits for which the member or veteran has a
high probability of being eligible; and
(B) all other benefits for which the member or
veteran may be eligible.
(2) Updated benefits list.--The Secretary shall update the
list under paragraph (1) with respect to a member of the Armed
Forces or veteran on an annual basis using any information that
the Department of Veterans Affairs may possess about the member
or veteran.
(c) Notification of Available Benefits.--
(1) Initial notification.--Upon compiling the list of
benefits under subsection (b)(1)(A) with respect to a member of
the Armed Forces or veteran, the Secretary of Veterans Affairs
shall send a notice of the benefits to the member or veteran or
the legal representative of the member or veteran. The notice
shall also contain an explanation of each such benefit and a
summary of any application requirements and procedures that the
member or veteran must comply with to be eligible to receive
the benefit.
(2) Subsequent notifications.--
(A) Second notice.--If a member of the Armed Forces
or veteran provided a notice under paragraph (1) does
not apply for any benefit listed in the notice by the
end of the 60-day period beginning on the date that the
Secretary sent the notice, the Secretary shall send a
second notice to the member or veteran or the legal
representative of the member or veteran. The notice
shall contain the same information as the notice sent
to the member, veteran, or legal representative under
paragraph (1).
(B) Subsequent annual notices.--If a member of the
Armed Forces or veteran provided a notice under
subparagraph (A) does not apply for any benefit listed
in the notice by the end of the year beginning on the
date that the Secretary sent the notice, the Secretary
shall send a subsequent notice to the member or veteran
or the legal representative of the member or veteran.
The notice shall contain information on the veterans
benefits for which the member or veteran has a high
probability of being eligible based on the updated list
under subsection (b)(2) with respect to the member or
veteran.
(3) Notices based on changed circumstances.--
(A) In general.--The Secretary shall send a notice
to the member or veteran or the legal representative of
the member or veteran if, based on data available to
the Secretary, the Secretary identifies a member of the
Armed Forces or veteran as having a high probability of
being eligible for a veterans benefit and--
(i) the member or veteran has not applied
for the benefit;
(ii) the Secretary has not sent the member
or veteran a notice under this subsection with
respect to the benefit; and
(iii) the Secretary has not informed the
member or veteran of the benefit under
subsection (d)(2) or any other provision of
law.
(B) Contents.--The notice under subparagraph (A)
shall contain information on the benefit for which the
veteran has a high probability of being eligible, an
explanation of such benefit, and a summary of any
application requirements and procedures that the member
or veteran must comply with to be eligible to receive
the benefit.
(4) Option to decline further notices.--
(A) In general.--The Secretary shall provide each
member of the Armed Forces and veteran that is sent a
notice under this subsection with the option to decline
further notices under this subsection.
(B) Notice of option.--Each notice under this
subsection shall include information concerning the
option to decline further notices under this
subsection.
(C) Prohibition of further notices.--If a member of
the Armed Forces or veteran declines further notices
under this paragraph, the Secretary may not send any
notices under this section to the member or veteran
after the date the member or veteran declines further
notices.
(5) Method of delivery of notices.--
(A) In general.--Subject to subparagraph (B), all
notices under this subsection shall be sent--
(i) by mail; and
(ii) electronically, if the Secretary has
electronic contact information for the member,
veteran, or legal representative of the member
or veteran.
(B) Option on method of delivery of notices.--The
Secretary shall provide each member and veteran with
the opportunity to be sent notices under this
subsection solely--
(i) by mail; or
(ii) through electronic methods, such as
email.
(d) Application Process.--
(1) Streamlined application process.--
(A) In general.--The Secretary of Veterans Affairs
shall use the data received under subsection (a) and
any additional relevant data that the Department of
Veterans Affairs has in its possession to reduce the
amount of information that a member of the Armed Forces
or veteran must provide when the member or veteran
applies to the Department for veterans benefits. The
use of such data may include prepopulating a paper or
Web-based application form to be used by the member or
veteran with the data.
(B) Confirmation.--The Secretary may require that a
member of the Armed Forces or veteran confirm or verify
any data that the Department of Veterans Affairs uses
under subparagraph (A) to determine the eligibility of
the member or veteran for veterans benefits.
(2) Evaluation of eligibility.--
(A) Review of list.--When evaluating a member of
the Armed Forces or veteran for eligibility for
veterans benefits, the Secretary shall review the list
of benefits for the member or veteran compiled under
subsection (b).
(B) Disclosure of information.--If the Secretary
determines that the member or veteran has a high
probability of being eligible for a benefit so listed
for which the member or veteran did not apply, the
Secretary shall inform the member or veteran of the
benefit and of the opportunity to apply for the
benefit.
(C) Record of disclosure.--If the Secretary informs
a member or veteran of a benefit under subparagraph
(B), the Secretary shall keep a record, for a period of
not less than 5 years, that contains, at a minimum,--
(i) the date on which the Secretary
informed the member or veteran of such benefit;
(ii) the name of the member or veteran; and
(iii) a general description of the
information provided to the member or veteran
by the Secretary.
(3) Notice of denial.--Not later than 30 days after the
date a member of the Armed Forces or veteran is determined not
eligible for a veterans benefit for which the member or veteran
has applied, the Secretary shall provide notice to the member
or veteran of the determination. The notice shall include an
explanation of the reason for the determination.
(e) Transition Period.--Not later than 5 years after the date of
enactment of this Act, for all veterans discharged from the Armed
Forces prior to the date of enactment of this Act, the Secretary of
Defense shall transfer to the Department of Veterans Affairs all data
that exists in electronic systems of the Department of Defense on the
date of the transfer and that meet the criteria specified in subsection
(a)(2)(A).
(f) Relation to Other Law.--The Secretary of Veterans Affairs shall
implement this section in a manner that does not conflict with the
processes, procedures, and standards for the transition of recovering
members of the Armed Forces from care and treatment through the
Department of Defense to care, treatment, and rehabilitation through
the Department of Veterans Affairs under section 1614 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(g) Privacy.--
(1) In general.--The Secretary of Defense shall provide a
member of the Armed Forces or a veteran the opportunity to
decline authorization for the transfer under subsection (a) of
some or all of the data associated with the member or veteran.
(2) Consent presumed.--If a member of the Armed Forces or
veteran does not decline an authorization under paragraph (1),
the member or veteran shall be treated as having authorized the
transfer of data under subsection (a) until any date on which
the member or veteran declines the authorization of the
transfer.
(3) Prohibition of data transfer.--Data associated with a
member of the Armed Forces or a veteran may not be transferred
under subsection (a) after any date on which the member or
veteran declines the authorization of such transfer under
paragraph (1).
(4) Construction.--
(A) Health insurance portability and accountability
act.--Nothing in this section shall be construed as
waiving regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(B) Privacy act.--Transfers of data to the
Secretary of Veterans Affairs under the agreement under
subsection (a) shall be treated as a routine use of a
record for purposes of section 552a of title 5, United
States Code.
(h) Definitions.--For purposes of this section:
(1) Veteran.--The term ``veteran'' has the meaning given
such term under section 101 of title 38, United States Code.
(2) Armed forces.--The term ``Armed Forces'' shall have the
meaning given the term ``armed forces'' under section 101 of
title 10, United States Code.
(3) Veterans benefits.--The term ``veterans benefits''
means benefits under laws administered by the Secretary of
Veterans Affairs.
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