Modernizing VA’s Records Management Program Act

I 116TH CONGRESS 1ST SESSION H. R. 4588 To amend title 38, United States Code, to treat digitized records as originals with respect to claims under the laws administered by the Secretary of Veterans Affairs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 1, 2019 Mr. COX of California (for himself, Mrs. LEE of Nevada, Mr. STEUBE, and Mrs. RADEWAGEN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to treat digitized records as originals with respect to claims under the laws administered by the Secretary of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Modernizing VA’s 4 Records Management Program Act’’. 5 VerDate Sep 11 2014 18:51 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4588.IH H4588 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4588 IH SEC. 2. TREATMENT OF DIGITIZED RECORDS AS ORIGI- 1 NALS. 2 (a) IN GENERAL.—Chapter 57 of title 38, United 3 States Code, is amended by inserting after section 5706 4 the following new section: 5 ‘‘§ 5707. Treatment of digitized records as originals 6 ‘‘(a) IN GENERAL.—A photograph, microphotograph, 7 or digitized version of a file, record, report, or other paper 8 or document, pertaining to any claim under any of the 9 laws administered by the Secretary shall have the same 10 effect for purposes of this title as the original physical file, 11 record, report, or other paper or document, if such photo- 12 graph, microphotograph, or digitized version is made in 13 compliance with this section and chapter 33 of title 44. 14 The Secretary may not be required to produce or retain 15 such original physical file, record, report, or other paper 16 or document, including with respect to a record of pro- 17 ceedings specified in section 7252(b) of this title. 18 ‘‘(b) QUALITY AND ACCURACY.—The Secretary shall 19 develop and carry out a process to ensure that a photo- 20 graph, microphotograph, or digitized version of a file, 21 record, report, or other paper or document, pertaining to 22 any claim under any of the laws administered by the Sec- 23 retary, meets the following criteria: 24 ‘‘(1) The photograph, microphotograph, or 25 digitized version is of sufficient quality to be viewed 26 VerDate Sep 11 2014 18:51 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4588.IH H4588 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4588 IH and read on an electronic screen or other appro- 1 priate equipment. 2 ‘‘(2) The photograph, microphotograph, or 3 digitized version is an accurate reproduction of the 4 original file, record, report, or other paper or docu- 5 ment. 6 ‘‘(c) RETURN OF ORIGINAL.—After making a photo- 7 graph, microphotograph, or digitized version of a file, 8 record, report, or other paper or document of a claimant 9 that pertains to any claim under any of the laws adminis- 10 tered by the Secretary, and after carrying out the process 11 to ensure the quality and accuracy of such photograph, 12 microphotograph, or digitized version under subsection 13 (b), the Secretary shall return the original such file, 14 record, report, or other paper or document to the claimant 15 (or the counsel or other appropriate custodian of the origi- 16 nal version). 17 ‘‘(d) PRESUMPTION.—The Secretary shall resolve any 18 doubt regarding the accuracy of a photograph, micro- 19 photograph, or digitized version of a file, record, report, 20 or other paper or document, pertaining to any claim under 21 any of the laws administered by the Secretary, in favor 22 of the claimant if— 23 ‘‘(1) the Secretary did not carry out the process 24 to ensure the quality and accuracy of the photo- 25 VerDate Sep 11 2014 18:51 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4588.IH H4588 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4588 IH graph, microphotograph, or digitized version pursu- 1 ant to subsection (b); or 2 ‘‘(2) the claimant presents credible evidence 3 that— 4 ‘‘(A) a deficiency or alteration in such a 5 photograph, microphotograph, or digitized 6 version exists; or 7 ‘‘(B) such a photograph, microphotograph, 8 or digitized version is missing from the records 9 maintained by the Secretary.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of such chapter is amended by inserting 12 after the item relating to section 5706 the following new 13 item: 14 ‘‘5707. Treatment of digitized records as originals.’’. Æ VerDate Sep 11 2014 18:51 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4588.IH H4588 pamtmann on DSKBC07HB2PROD with BILLS