I 
110TH CONGRESS 
2D SESSION 
H. R. 6494 
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 
JULY 15, 2008 
Mrs. GILLIBRAND (for herself, Mrs. MCMORRIS RODGERS, and Ms. GINNY 
BROWN-WAITE of Florida) introduced the following bill; which was re-
ferred to the Committee on Veterans’ Affairs, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined 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 bene-
fits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Real Out-
reach for Veterans Act of 2008’’ or the ‘‘PRO–VETS Act 
of 2008’’. 
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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 in-
formation about veterans benefits each member and 
veteran may be eligible for. 
(2) CONTENTS OF AGREEMENT.— 
(A) SPECIFIC CRITERIA FOR IDENTIFICA-
TION OF DATA.—The agreement shall specify 
criteria to identify data of the Department of 
Defense, including personnel data and data con-
tained 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. 
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(B) ELECTRONIC DATA TRANSFER METH-
OD.—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 Sec-
retary of Veterans Affairs as follows: 
(i) In the case of a member of the 
Armed Forces who is scheduled for dis-
charge 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 speci-
fied under the agreement, but subject to 
subsection (e). 
(b) IDENTIFICATION OF BENEFITS AVAILABLE.— 
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(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 ben-
efits for which the member or veteran may be eligi-
ble based on the data. The list shall be divided 
into— 
(A) benefits for which the member or vet-
eran has a high probability of being eligible; 
and 
(B) all other benefits for which the mem-
ber or veteran may be eligible. 
(2) UPDATED BENEFITS LIST.—The Secretary 
shall update the list under paragraph (1) with re-
spect 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 vet-
eran, the Secretary of Veterans Affairs shall send a 
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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 re-
quirements and procedures that the member or vet-
eran 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 Sec-
retary 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 pro-
vided 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 
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(5) METHOD OF DELIVERY OF NOTICES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (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 email. 
(d) APPLICATION PROCESS.— 
(1) STREAMLINED APPLICATION PROCESS.— 
(A) IN GENERAL.—The Secretary of Vet-
erans 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 informa-
tion that a member of the Armed Forces or vet-
eran must provide when the member or veteran 
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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 De-
partment of Veterans Affairs uses under sub-
paragraph (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 eli-
gibility 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 in-
form the member or veteran of the benefit and 
of the opportunity to apply for the benefit. 
(C) RECORD OF DISCLOSURE.—If the Sec-
retary informs a member or veteran of a benefit 
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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 in-
formed the member or veteran of such ben-
efit; 
(ii) the name of the member or vet-
eran; and 
(iii) a general description of the infor-
mation 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 in-
clude an explanation of the reason for the deter-
mination. 
(e) TRANSITION PERIOD.—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 De-
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fense 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 De-
partment 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 author-
ization 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. 
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(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 regula-
tions 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 sec-
tion 552a of title 5, United States Code. 
(h) DEFINITIONS.—For purposes of this section: 
(1) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term under section 101 of title 
38, United States Code. 
(2) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ shall have the meaning given the term 
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‘‘armed forces’’ under 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. 
Æ 
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