[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1109 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1109

    To provide veterans with individualized notice about available 
benefits, to streamline application processes for the benefits, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

Mrs. Gillibrand introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 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 2009'' or the ``PRO-VETS Act of 2009''.

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 e-
                        mail.
    (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 
the enactment of this Act, for all veterans discharged from the Armed 
Forces prior to the date of the 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.--In this section:
            (1) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of title 38, United States Code.
            (2) Armed forces.--The term ``Armed Forces'' has the 
        meaning given the term ``armed forces'' in 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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