II 

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. 

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’’. 

7 SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS’ 

8 ACCESS TO BENEFITS. 

9 (a) AGREEMENT ON DATA TRANSFER.— 


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

2 Affairs shall enter an agreement with the Secretary 

3 of Defense providing for the transfer of data to the 

4 Secretary of Veterans Affairs in accordance with this 

5 section for the purpose of providing members of the 

6 Armed Forces and veterans with individualized in7 formation about veterans benefits each member and 

8 veteran may be eligible for. 

9 (2) CONTENTS OF AGREEMENT.— 

10 (A) SPECIFIC CRITERIA FOR IDENTIFICA11 TION OF DATA.—The agreement shall specify 

12 criteria to identify data of the Department of 

13 Defense, including personnel data and data con14 tained in an electronic medical record system, 

15 that the Secretary of Defense and the Secretary 

16 of Veterans Affairs agree could be used by the 

17 Secretary of Veterans Affairs— 

18 (i) to determine the eligibility of a 

19 member of the Armed Forces or veteran 

20 for veterans benefits; and 

21 (ii) as an indicator of a likelihood that 

22 a member of the Armed Forces or veteran 

23 is eligible for veterans benefits. 

24 (B) ELECTRONIC DATA TRANSFER METH25 OD.—The agreement shall contain a description 


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1 of an efficient electronic method to be used for 

2 the transfer of data identified in accordance 

3 with the criteria specified under subparagraph 

4 (A) under the agreement. 

5 (C) TRANSFER OF DATA.—Under the 

6 agreement, the Secretary of Defense shall 

7 transfer data identified in accordance with the 

8 criteria under subparagraph (A) to the Sec9 retary of Veterans Affairs as follows: 

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

11 Armed Forces who is scheduled for dis12 charge or separation from service, at the 

13 time the Secretary of Defense first learns 

14 of the scheduled discharge or separation, 

15 but not later than one month after the 

16 date of discharge or separation. 

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

18 Armed Forces or veteran not covered 

19 under clause (i), at such time as is speci20 fied under the agreement, but subject to 

21 subsection (e). 

22 (b) IDENTIFICATION OF BENEFITS AVAILABLE.— 

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

24 than 7 days after the date the Secretary of Veterans 

25 Affairs receives data concerning a member of the 


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1 Armed Forces or veteran under the agreement under 

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

3 respect to the member or veteran of all veterans ben4 efits for which the member or veteran may be eligi5 ble based on the data. The list shall be divided 

6 into— 

7 (A) benefits for which the member or vet8 eran has a high probability of being eligible; 

9 and 

10 (B) all other benefits for which the mem11 ber or veteran may be eligible. 

12 (2) UPDATED BENEFITS LIST.—The Secretary 

13 shall update the list under paragraph (1) with re14 spect to a member of the Armed Forces or veteran 

15 on an annual basis using any information that the 

16 Department of Veterans Affairs may possess about 

17 the member or veteran. 

18 (c) NOTIFICATION OF AVAILABLE BENEFITS.— 

19 (1) INITIAL NOTIFICATION.—Upon compiling 

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

21 respect to a member of the Armed Forces or vet22 eran, the Secretary of Veterans Affairs shall send a 

23 notice of the benefits to the member or veteran or 

24 the legal representative of the member or veteran. 

25 The notice shall also contain an explanation of each 


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1 such benefit and a summary of any application re2 quirements and procedures that the member or vet3 eran must comply with to be eligible to receive the 

4 benefit. 

5 (2) SUBSEQUENT NOTIFICATIONS.— 

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

7 Armed Forces or veteran provided a notice 

8 under paragraph (1) does not apply for any 

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

10 day period beginning on the date that the Sec11 retary sent the notice, the Secretary shall send 

12 a second notice to the member or veteran or the 

13 legal representative of the member or veteran. 

14 The notice shall contain the same information 

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

16 legal representative under paragraph (1). 

17 (B) SUBSEQUENT ANNUAL NOTICES.—If a 

18 member of the Armed Forces or veteran pro19 vided a notice under subparagraph (A) does not 

20 apply for any benefit listed in the notice by the 

21 end of the year beginning on the date that the 

22 Secretary sent the notice, the Secretary shall 

23 send a subsequent notice to the member or vet24 eran or the legal representative of the member 

25 or veteran. The notice shall contain information 


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1 on the veterans benefits for which the member 

2 or veteran has a high probability of being eligi3 ble based on the updated list under subsection 

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

5 (3) NOTICES BASED ON CHANGED CIR6 CUMSTANCES.— 

7 (A) IN GENERAL.—The Secretary shall 

8 send a notice to the member or veteran or the 

9 legal representative of the member or veteran if, 

10 based on data available to the Secretary, the 

11 Secretary identifies a member of the Armed 

12 Forces or veteran as having a high probability 

13 of being eligible for a veterans benefit and— 

14 (i) the member or veteran has not ap15 plied for the benefit; 

16 (ii) the Secretary has not sent the 

17 member or veteran a notice under this sub18 section with respect to the benefit; and 

19 (iii) the Secretary has not informed 

20 the member or veteran of the benefit under 

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

22 law. 

23 (B) CONTENTS.—The notice under sub24 paragraph (A) shall contain information on the 

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1 ability of being eligible, an explanation of such 

2 benefit, and a summary of any application re3 quirements and procedures that the member or 

4 veteran must comply with to be eligible to re5 ceive the benefit. 

6 (4) OPTION TO DECLINE FURTHER NOTICES.— 

7 (A) IN GENERAL.—The Secretary shall 

8 provide each member of the Armed Forces and 

9 veteran that is sent a notice under this sub10 section with the option to decline further no11 tices under this subsection. 

12 (B) NOTICE OF OPTION.—Each notice 

13 under this subsection shall include information 

14 concerning the option to decline further notices 

15 under this subsection. 

16 (C) PROHIBITION OF FURTHER NO17 TICES.—If a member of the Armed Forces or 

18 veteran declines further notices under this para19 graph, the Secretary may not send any notices 

20 under this section to the member or veteran 

21 after the date the member or veteran declines 

22 further notices. 

23 (5) METHOD OF DELIVERY OF NOTICES.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), all notices under this subsection 

3 shall be sent— 

4 (i) by mail; and 

5 (ii) electronically, if the Secretary has 

6 electronic contact information for the 

7 member, veteran, or legal representative of 

8 the member or veteran. 

9 (B) OPTION ON METHOD OF DELIVERY OF

10 NOTICES.—The Secretary shall provide each 

11 member and veteran with the opportunity to be 

12 sent notices under this subsection solely— 

13 (i) by mail; or 

14 (ii) through electronic methods, such 

15 as e-mail. 

16 (d) APPLICATION PROCESS.— 

17 (1) STREAMLINED APPLICATION PROCESS.— 

18 (A) IN GENERAL.—The Secretary of Vet19 erans Affairs shall use the data received under 

20 subsection (a) and any additional relevant data 

21 that the Department of Veterans Affairs has in 

22 its possession to reduce the amount of informa23 tion that a member of the Armed Forces or vet24 eran must provide when the member or veteran 

25 applies to the Department for veterans benefits. 


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1 The use of such data may include prepopulating 

2 a paper or Web-based application form to be 

3 used by the member or veteran with the data. 

4 (B) CONFIRMATION.—The Secretary may 

5 require that a member of the Armed Forces or 

6 veteran confirm or verify any data that the De7 partment of Veterans Affairs uses under sub8 paragraph (A) to determine the eligibility of the 

9 member or veteran for veterans benefits. 

10 (2) EVALUATION OF ELIGIBILITY.— 

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

12 member of the Armed Forces or veteran for eli13 gibility for veterans benefits, the Secretary shall 

14 review the list of benefits for the member or 

15 veteran compiled under subsection (b). 

16 (B) DISCLOSURE OF INFORMATION.—If 

17 the Secretary determines that the member or 

18 veteran has a high probability of being eligible 

19 for a benefit so listed for which the member or 

20 veteran did not apply, the Secretary shall in21 form the member or veteran of the benefit and 

22 of the opportunity to apply for the benefit. 

23 (C) RECORD OF DISCLOSURE.—If the Sec24 retary informs a member or veteran of a benefit 

25 under subparagraph (B), the Secretary shall 


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

2 years, that contains, at a minimum,— 

3 (i) the date on which the Secretary in4 formed the member or veteran of such ben5 efit; 

6 (ii) the name of the member or vet7 eran; and 

8 (iii) a general description of the infor9 mation provided to the member or veteran 

10 by the Secretary. 

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

12 days after the date a member of the Armed Forces 

13 or veteran is determined not eligible for a veterans 

14 benefit for which the member or veteran has applied, 

15 the Secretary shall provide notice to the member or 

16 veteran of the determination. The notice shall in17 clude an explanation of the reason for the deter18 mination. 

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

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

21 discharged from the Armed Forces prior to the date of 

22 the enactment of this Act, the Secretary of Defense shall 

23 transfer to the Department of Veterans Affairs all data 

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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.—In this section: 

20 (1) VETERAN.—The term ‘‘veteran’’ has the 

21 meaning given such term in section 101 of title 38, 

22 United States Code. 

23 (2) ARMED FORCES.—The term ‘‘Armed 

24 Forces’’ has the meaning given the term ‘‘armed 


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1 forces’’ in section 101 of title 10, United States 

2 Code. 

3 (3) VETERANS BENEFITS.—The term ‘‘veterans 

4 benefits’’ means benefits under laws administered by 

5 the Secretary of Veterans Affairs. 

Æ 


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