[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Pages S3819-S3820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1736. Ms. HEITKAMP (for herself and Mr. Moran) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. VOLUNTARY NATIONAL DIRECTORY OF VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs, in
coordination with the Secretary of Defense, shall establish a
program to facilitate outreach to veterans by covered
entities.
(2) Covered entities.--For purposes of this section, a
covered entity is any of the following:
(A) The Department of Veterans Affairs.
(B) The agency or department of a State that is the primary
agency or department of the State for the administration of
benefits and services for veterans in the State.
(C) A political subdivision of a State.
(D) An Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b)).
(3) National directory.--To carry out the program required
by paragraph (1), the Secretary shall--
(A) establish a national directory of veterans as described
in subsection (b); and
(B) share information in the directory in accordance with
subsection (c).
(b) National Directory.--
(1) In general.--The Secretary of Veterans Affairs shall
establish the national directory required by subsection
(a)(3) using information received from the Secretary of
Defense under subsection (d)(4).
(2) Updates.--The Secretary of Veterans Affairs shall
ensure that the national directory includes a mechanism by
which a participating individual can update the information
in the national directory that pertains to the participating
individual.
(3) Disenrollment.--The Secretary shall establish a
mechanism by which a participating individual can indicate to
the Secretary that the individual would no longer like to
receive information from participating entities under the
program.
(4) Reenrollment.--The Secretary shall establish a
mechanism for the inclusion of information in the national
directory of individuals who were previously participating
individuals but who had made an indication under paragraph
(3) and subsequently indicate that they would like to receive
information from participating entities under the program.
(5) Privacy and security.--The Secretary shall take such
actions as the Secretary considers appropriate to protect--
(A) the privacy of individuals participating in the
program; and
(B) the security of the information stored in the national
directory.
(6) Ebenefits.--The Secretary of Veterans Affairs may use
the system and architecture of the eBenefits Internet website
of the Department of Veterans Affairs to support and operate
the national directory as the Secretary considers
appropriate.
(c) Outreach.--
(1) Sharing of directory information.--
(A) In general.--Except as provided in paragraph (2), in
order to connect participating individuals with information
about the programs they could be eligible for or services,
support, and information they may be interested in receiving,
the Secretary of Veterans Affairs may share, under the
program established under subsection (a)(1), information in
the national directory concerning such individuals with
entities applicable to participating individuals.
(B) Entities applicable to participating individuals.--For
purposes of this subsection, an entity that is applicable to
a participating individual is a covered entity from whom a
participating individual has expressed interest in receiving
information under the program.
(C) Updated information.--In a case in which a
participating individual updates the information pertaining
to the participating individual under subsection (b)(2), the
Secretary shall transmit such information to each entity
applicable to the participating individual.
(D) Notification of disenrollment.--In a case in which a
participating individual indicates to the Secretary under
subsection (b)(3) that the individual would no longer like to
receive information from participating entities under the
program, the Secretary shall inform each entity applicable to
the participating individual that the individual would no
longer like to receive information from the entity under the
program.
(2) Limitations.--
(A) Limitations on the secretary.--
(i) Information shared.--Under the program, the Secretary
of Veterans Affairs may only share from the national
directory the following:
(I) The name of a participating individual.
(II) The e-mail address of a participating individual.
(III) The postal address of a participating individual.
(IV) The phone number of a participating individual.
(ii) Prohibition on sale of information.--The Secretary may
not sell any information collected under this section.
(iii) Entities.--The Secretary may not share any
information collected under the program with any entity that
is not a participating entity.
(B) Limitations on participating entities.--
(i) Sharing with third-party and for-profit entities.--As a
condition of participation in the program, a participating
entity shall agree not to share any information the
participating entity receives under the program with any
third-party or for-profit entities.
(ii) Purchases of products or services.--As a condition of
participation in the program, a participating entity shall
agree not to include in any information sent by the
participating entity to a participating individual a
requirement that the participating individual or the family
of the participating individual purchase a product or
service.
(iii) Political communication.--As a condition of
participation in the program, a participating entity shall
agree not to use any information received under the program
for any political communication.
(3) Disenrollment by participating entities.--The Secretary
shall establish a mechanism by which a participating entity
may indicate to the Secretary that the participating entity
would no longer like to receive information about
participating individuals from the national directory.
(4) Sense of congress.--
(A) Consolidation of requests.--It is the sense of Congress
that covered entities described in subsection (a)(2)(C) who
are located in the same region should work together in a
manner such that only one of them requests receipt of
information under the program.
(B) Collaboration.--It is the sense of Congress that
covered entities described in subsection (a)(2)(C) should
work with third parties, such as veterans service
organizations, military community groups, and other entities
with an interest in assisting veterans, to develop the
information the covered entities send to participating
individuals under the program.
(5) Publicity.--The Secretary shall develop a plan to
publicize the program and inform covered entities of the
benefits of participating in the program.
(d) Collection of Contact Information.--
(1) In general.--To each member of the Armed Forces
separating from service in the Armed Forces, the Secretary of
Defense shall provide a form for the collection of
information to be included in the national directory
established under subsection (a).
(2) Form.--
(A) Development.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, develop
the form provided under paragraph (1).
(B) Elements.--The form developed under subparagraph (A)
shall allow a member of the Armed Forces who is in the
process of separating from service in the Armed Forces to
indicate the following:
(i) Where the member intends to reside after separation.
(ii) How the individual can best be contacted, such as a
telephone number, an e-mail address, or a postal address.
(iii) For which types of benefits and services the member
would like to receive communication and outreach, such as
health care, education, employment, and housing.
(iv) From which of the following the member would like to
receive the communication and outreach specified under clause
(iii):
(I) The Department of Veterans Affairs.
(II) The agency or department of the State in which the
member intends to reside after separation that is the primary
agency or department of the State for the administration of
benefits and services for veterans in the State.
(III) A political subdivision of a State.
(C) Notice.--The form developed under subparagraph (A)
shall include notice of the following:
(i) Information provided to agencies and departments
described in subparagraph (B)(iv)(III) will only be provided
as authorized and upon request by such agencies and
departments.
(ii) Political subdivisions of States that receive
information under the program established under subsection
(a) may--
(I) share such information with such nonprofit
organizations as the political subdivisions consider
appropriate; and
(II) work with such organizations to provide the veterans
with relevant information about benefits and services offered
by such organizations.
[[Page S3820]]
(iii) Information provided on the form developed under
subparagraph (A) will never be sold, provided to a for-profit
entity, or used to send any sort of political communication.
(D) Manner.--The Secretary of Defense shall ensure that the
form provided under paragraph (1) is not primarily electronic
in nature.
(3) Voluntary participation.--The Secretary of Defense
shall ensure that completion of the form provided under
paragraph (1) is voluntary and submittal of such form to the
Secretary by a member of the Armed Forces shall be considered
an indication to the Secretary that the member would like to
receive information from participating entities under the
program.
(4) Transmittal of information to secretary of veterans
affairs.--Not later than 30 days after the date on which a
member of the Armed Forces who submitted information to the
Secretary of Defense under this subsection separates from
service in the Armed Forces, the Secretary of Defense shall
transmit such information to the Secretary of Veterans
Affairs.
(5) Privacy and security.--The Secretary of Defense shall
take such actions as the Secretary considers appropriate to
protect--
(A) the privacy of individuals who submit information under
this subsection; and
(B) the security of such information--
(i) while it is in the possession of the Secretary; and
(ii) while it is in transit to the Secretary of Veterans
Affairs.
(6) Integration with transition assistance program.--The
Secretary of Defense and the Secretary of Labor shall jointly
take such actions as the secretaries consider appropriate to
integrate the collection of information under this subsection
into the Transition Assistance Program.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report on the program
established under subsection (a)(1).
(2) Contents.--The report submitted under paragraph (1)
shall include an examination and assessment of the following:
(A) The signup process and the effectiveness of the forms
developed and provided under subsection (d).
(B) The ways in which contact information is transferred
from the Secretary of Defense to the Secretary of Veterans
Affairs under the program and the plans of the secretaries to
overcome challenges encountered by the secretaries in
transferring such information.
(C) The number of covered entities described in subsection
(a)(2)(C) participating in the program and any challenges
they report in receiving the contact information from the
Secretary of Veterans Affairs under the program.
(D) The effectiveness of efforts of the Secretary of
Veterans Affairs and the Secretary of Defense to protect the
personal information of participating individuals.
(E) The effectiveness of efforts of covered entities
described in subsection (a)(2)(C) to protect the personal
information of participating individuals.
(F) Whether additional limitations on the use of
information collected under the program are necessary to
protect participating individuals from unwanted contact, or
contact that is inconsistent with the program.
(G) Whether participating individuals are benefitting by
participating in the program and whether changing the program
would improve such benefits.
(H) The overall participation in the program, utilization
of the program, and how such participation and utilization
could be improved.
(I) Such other matters as the secretaries consider
appropriate.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means the following:
(A) The Committee on Veterans' Affairs, the Committee on
Armed Services, and the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
(B) The Committee on Veterans' Affairs, the Committee on
Armed Services, and the Subcommittee on Military
Construction, Veterans Affairs and Related Agencies of the
Committee on Appropriations of the House of Representatives.
(f) Definitions.--In this section:
(1) Participating entity.--The term ``participating
entity'' means a covered entity that has indicated to the
Secretary of Veterans Affairs that the covered entity would
like to receive information about participating individuals
from the national directory and has made no subsequent
indication that the covered entity would like to stop
receiving such information.
(2) Participating individual.--The term ``participating
individual'' means an individual with respect to whom
information is stored in the national directory and who has
indicated to the Secretary of Veterans Affairs or the
Secretary of Defense that the individual would like to
receive information from participating entities under the
program and has made no subsequent indication that the
individual would like to stop receiving such information.
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