I 

111TH CONGRESS 

1ST SESSION H. R. 1902 

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 

APRIL 2, 2009 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Real Out5 reach for Veterans Act of 2009’’ or the ‘‘PRO–VETS Act 

6 of 2009’’. 


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1 SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS’ 

2 ACCESS TO BENEFITS. 

3 (a) AGREEMENT ON DATA TRANSFER.— 

4 (1) IN GENERAL.—The Secretary of Veterans 

5 Affairs shall enter into an agreement with the Sec6 retary of Defense providing for the transfer of data 

7 to the Secretary of Veterans Affairs in accordance 

8 with this section for the purpose of providing mem9 bers of the Armed Forces and veterans with individ10 ualized information about any veterans benefits that 

11 member or veteran may be eligible for. 

12 (2) CONTENTS OF AGREEMENT.— 

13 (A) SPECIFIC CRITERIA FOR IDENTIFICA14 TION OF DATA.—The agreement shall specify 

15 criteria to identify data of the Department of 

16 Defense, including personnel data and data con17 tained in an electronic medical record system, 

18 that the Secretary of Defense and the Secretary 

19 of Veterans Affairs agree could be used by the 

20 Secretary of Veterans Affairs— 

21 (i) to determine the eligibility of a 

22 member of the Armed Forces or veteran 

23 for veterans benefits; and 

24 (ii) as an indicator of a likelihood that 

25 a member of the Armed Forces or veteran 

26 is eligible for veterans benefits. 


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1 (B) ELECTRONIC DATA TRANSFER METH2 OD.—The agreement shall contain a description 

3 of an efficient electronic method to be used for 

4 the transfer of data identified in accordance 

5 with the criteria specified under subparagraph 

6 (A) under the agreement. 

7 (C) TRANSFER OF DATA.—Under the 

8 agreement, the Secretary of Defense shall 

9 transfer data identified in accordance with the 

10 criteria under subparagraph (A) to the Sec11 retary of Veterans Affairs as follows: 

12 (i) In the case of a member of the 

13 Armed Forces who is scheduled for dis14 charge or separation from service, at the 

15 time the Secretary of Defense first learns 

16 of the scheduled discharge or separation, 

17 but not later than one month after the 

18 date of such discharge or separation. 

19 (ii) In the case of a member of the 

20 Armed Forces or veteran not covered 

21 under clause (i), at such time as is speci22 fied under the agreement, but subject to 

23 subsection (e). 

24 (b) IDENTIFICATION OF BENEFITS AVAILABLE.— 


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1 (1) GENERATION OF INITIAL LIST.—Not later 

2 than 7 days after the date the Secretary of Veterans 

3 Affairs receives data concerning a member of the 

4 Armed Forces or veteran under the agreement under 

5 subsection (a), the Secretary shall compile a list with 

6 respect to the member or veteran of all veterans ben7 efits for which the member or veteran may be eligi8 ble based on the data. The list shall be divided 

9 into— 

10 (A) benefits for which the member or vet11 eran has a high probability of being eligible; 

12 and 

13 (B) all other benefits for which the mem14 ber or veteran may be eligible. 

15 (2) UPDATED BENEFITS LIST.—The Secretary 

16 shall update the list under paragraph (1) with re17 spect to a member of the Armed Forces or veteran 

18 on an annual basis using any information that the 

19 Department of Veterans Affairs may possess about 

20 the member or veteran. 

21 (c) NOTIFICATION OF AVAILABLE BENEFITS.— 

22 (1) INITIAL NOTIFICATION.—Upon compiling 

23 the list of benefits under subsection (b)(1)(A) with 

24 respect to a member of the Armed Forces or vet25 eran, the Secretary of Veterans Affairs shall send a 


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1 notice of the benefits to the member or veteran or 

2 the legal representative of the member or veteran. 

3 The notice shall also contain an explanation of each 

4 such benefit and a summary of any application re5 quirements and procedures that the member or vet6 eran must comply with to be eligible to receive the 

7 benefit. 

8 (2) SUBSEQUENT NOTIFICATIONS.— 

9 (A) SECOND NOTICE.—If a member of the 

10 Armed Forces or veteran provided a notice 

11 under paragraph (1) does not apply for any 

12 benefit listed in the notice by the end of the 60- 

13 day period beginning on the date that the Sec14 retary sent the notice, the Secretary shall send 

15 a second notice to the member or veteran or the 

16 legal representative of the member or veteran. 

17 The notice shall contain the same information 

18 as the notice sent to the member, veteran, or 

19 legal representative under paragraph (1). 

20 (B) SUBSEQUENT ANNUAL NOTICES.—If a 

21 member of the Armed Forces or veteran pro22 vided a notice under subparagraph (A) does not 

23 apply for any benefit listed in the notice by the 

24 end of the year beginning on the date that the 

25 Secretary sent the notice, the Secretary shall 


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1 send a subsequent notice to the member or vet2 eran or the legal representative of the member 

3 or veteran. The notice shall contain information 

4 on the veterans benefits for which the member 

5 or veteran has a high probability of being eligi6 ble based on the updated list under subsection 

7 (b)(2) with respect to the member or veteran. 

8 (3) NOTICES BASED ON CHANGED CIR9 CUMSTANCES.— 

10 (A) IN GENERAL.—The Secretary shall 

11 send a notice to the member or veteran or the 

12 legal representative of the member or veteran if, 

13 based on data available to the Secretary, the 

14 Secretary identifies a member of the Armed 

15 Forces or veteran as having a high probability 

16 of being eligible for a veterans benefit and— 

17 (i) the member or veteran has not ap18 plied for the benefit; 

19 (ii) the Secretary has not sent the 

20 member or veteran a notice under this sub21 section with respect to the benefit; and 

22 (iii) the Secretary has not informed 

23 the member or veteran of the benefit under 

24 subsection (d)(2) or any other provision of 

25 law. 


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1 (B) CONTENTS.—The notice under sub2 paragraph (A) shall contain information on the 

3 benefit for which the veteran has a high prob4 ability of being eligible, an explanation of such 

5 benefit, and a summary of any application re6 quirements and procedures that the member or 

7 veteran must comply with to be eligible to re8 ceive the benefit. 

9 (4) OPTION TO DECLINE FURTHER NOTICES.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide each member of the Armed Forces and 

12 veteran that is sent a notice under this sub13 section with the option to decline further no14 tices under this subsection. 

15 (B) NOTICE OF OPTION.—Each notice 

16 under this subsection shall include information 

17 concerning the option to decline further notices 

18 under this subsection. 

19 (C) PROHIBITION OF FURTHER NO20 TICES.—If a member of the Armed Forces or 

21 veteran declines further notices under this para22 graph, the Secretary may not send any notices 

23 under this section to the member or veteran 

24 after the date the member or veteran declines 

25 further notices. 


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1 (5) METHOD OF DELIVERY OF NOTICES.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), all notices under this subsection 

4 shall be sent— 

5 (i) by mail; and 

6 (ii) electronically, if the Secretary has 

7 electronic contact information for the 

8 member, veteran, or legal representative of 

9 the member or veteran. 

10 (B) OPTION ON METHOD OF DELIVERY OF

11 NOTICES.—The Secretary shall provide each 

12 member and veteran with the opportunity to be 

13 sent notices under this subsection solely— 

14 (i) by mail; or 

15 (ii) through electronic methods, such 

16 as email. 

17 (d) APPLICATION PROCESS.— 

18 (1) STREAMLINED APPLICATION PROCESS.— 

19 (A) IN GENERAL.—The Secretary of Vet20 erans Affairs shall use the data received under 

21 subsection (a) and any additional relevant data 

22 that the Department of Veterans Affairs has in 

23 its possession to reduce the amount of informa24 tion that a member of the Armed Forces or vet25 eran must provide when the member or veteran 


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1 applies to the Department for veterans benefits. 

2 The use of such data may include prepopulating 

3 a paper or Web-based application form to be 

4 used by the member or veteran with the data. 

5 (B) CONFIRMATION.—The Secretary may 

6 require that a member of the Armed Forces or 

7 veteran confirm or verify any data that the De8 partment of Veterans Affairs uses under sub9 paragraph (A) to determine the eligibility of the 

10 member or veteran for veterans benefits. 

11 (2) EVALUATION OF ELIGIBILITY.— 

12 (A) REVIEW OF LIST.—When evaluating a 

13 member of the Armed Forces or veteran for eli14 gibility for veterans benefits, the Secretary shall 

15 review the list of benefits for the member or 

16 veteran compiled under subsection (b). 

17 (B) DISCLOSURE OF INFORMATION.—If 

18 the Secretary determines that the member or 

19 veteran has a high probability of being eligible 

20 for a benefit so listed for which the member or 

21 veteran did not apply, the Secretary shall in22 form the member or veteran of the benefit and 

23 of the opportunity to apply for the benefit. 

24 (C) RECORD OF DISCLOSURE.—If the Sec25 retary informs a member or veteran of a benefit 


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1 under subparagraph (B), the Secretary shall 

2 keep a record, for a period of not less than 5 

3 years, that contains, at a minimum— 

4 (i) the date on which the Secretary in5 formed the member or veteran of such ben6 efit; 

7 (ii) the name of the member or vet8 eran; and 

9 (iii) a general description of the infor10 mation provided to the member or veteran 

11 by the Secretary. 

12 (3) NOTICE OF DENIAL.—Not later than 30 

13 days after the date a member of the Armed Forces 

14 or veteran is determined not eligible for a veterans 

15 benefit for which the member or veteran has applied, 

16 the Secretary shall provide notice to the member or 

17 veteran of the determination. The notice shall in18 clude an explanation of the reason for the deter19 mination. 

20 (e) TRANSITION PERIOD.—Not later than 5 years 

21 after the date of enactment of this Act, for all veterans 

22 discharged from the Armed Forces prior to the date of 

23 enactment of this Act, the Secretary of Defense shall 

24 transfer to the Department of Veterans Affairs all data 

25 that exists in electronic systems of the Department of DeVerDate Nov 24 2008 23:58 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1902.IH H1902

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1 fense on the date of the transfer and that meet the criteria 

2 specified in subsection (a)(2)(A). 

3 (f) RELATION TO OTHER LAW.—The Secretary of 

4 Veterans Affairs shall implement this section in a manner 

5 that does not conflict with the processes, procedures, and 

6 standards for the transition of recovering members of the 

7 Armed Forces from care and treatment through the De8 partment of Defense to care, treatment, and rehabilitation 

9 through the Department of Veterans Affairs under section 

10 1614 of the Wounded Warrior Act (title XVI of Public 

11 Law 110–181; 10 U.S.C. 1071 note). 

12 (g) PRIVACY.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall provide a member of the Armed Forces or a 

15 veteran the opportunity to decline authorization for 

16 the transfer under subsection (a) of some or all of 

17 the data associated with the member or veteran. 

18 (2) CONSENT PRESUMED.—If a member of the 

19 Armed Forces or veteran does not decline an author20 ization under paragraph (1), the member or veteran 

21 shall be treated as having authorized the transfer of 

22 data under subsection (a) until any date on which 

23 the member or veteran declines the authorization of 

24 the transfer. 


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1 (3) PROHIBITION OF DATA TRANSFER.—Data 

2 associated with a member of the Armed Forces or 

3 a veteran may not be transferred under subsection 

4 (a) after any date on which the member or veteran 

5 declines the authorization of such transfer under 

6 paragraph (1). 

7 (4) CONSTRUCTION.— 

8 (A) HEALTH INSURANCE PORTABILITY

9 AND ACCOUNTABILITY ACT.—Nothing in this 

10 section shall be construed as waiving regula11 tions promulgated under section 264(c) of the 

12 Health Insurance Portability and Accountability 

13 Act of 1996 (Public Law 104–191). 

14 (B) PRIVACY ACT.—Transfers of data to 

15 the Secretary of Veterans Affairs under the 

16 agreement under subsection (a) shall be treated 

17 as a routine use of a record for purposes of sec18 tion 552a of title 5, United States Code. 

19 (h) DEFINITIONS.—For the purposes of this section: 

20 (1) The term ‘‘veteran’’ has the meaning given 

21 such term under section 101 of title 38, United 

22 States Code. 

23 (2) The term ‘‘Armed Forces’’ has the meaning 

24 given the term ‘‘armed forces’’ under section 101 of 

25 title 10, United States Code. 


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1 (3) The term ‘‘veterans benefits’’ means bene2 fits under laws administered by the Secretary of 

3 Veterans Affairs. 

Æ 


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