1.This Act may be cited as the
Providing Real Outreach for Veterans
Act of 2008
or the PRO–VETS Act of 2008
.
2.Sharing
information to improve veterans’ access to benefits
(a)Agreement on data
transfer
(1)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)
(A)Specific
Criteria for Identification of DataThe 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 MethodThe 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)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 listNot 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)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)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)
(A)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 noticesIf 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)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)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)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)Each notice under this subsection shall include
information concerning the option to decline further notices under this
subsection.
(C)Prohibition of
further noticesIf 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)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 noticesThe 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)
(1)Streamlined
Application Process
(A)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)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)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
informationIf 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)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)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)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)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)
(1)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)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 transferData 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)
(A)Health Insurance
Portability and Accountability ActNothing 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)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)For
purposes of this section:
(1)The
term veteran has the meaning given such term under section 101 of
title 38, United States Code.
(2)The term Armed Forces shall have the meaning
given the term armed forces under section 101 of title 10, United
States Code.
(3)The term
veterans benefits means benefits under laws administered by the
Secretary of Veterans Affairs.