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. 

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 ‘‘Modernizing VA’s 

5 Records Management Program Act’’. 


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1 SEC. 2. TREATMENT OF DIGITIZED RECORDS AS ORIGI2 NALS. 

3 (a) IN GENERAL.—Chapter 57 of title 38, United 

4 States Code, is amended by inserting after section 5706 

5 the following new section: 

6 ‘‘§ 5707. Treatment of digitized records as originals 

7 ‘‘(a) IN GENERAL.—A photograph, microphotograph, 

8 or digitized version of a file, record, report, or other paper 

9 or document, pertaining to any claim under any of the 

10 laws administered by the Secretary shall have the same 

11 effect for purposes of this title as the original physical file, 

12 record, report, or other paper or document, if such photo13 graph, microphotograph, or digitized version is made in 

14 compliance with this section and chapter 33 of title 44. 

15 The Secretary may not be required to produce or retain 

16 such original physical file, record, report, or other paper 

17 or document, including with respect to a record of pro18 ceedings specified in section 7252(b) of this title. 

19 ‘‘(b) QUALITY AND ACCURACY.—The Secretary shall 

20 develop and carry out a process to ensure that a photo21 graph, microphotograph, or digitized version of a file, 

22 record, report, or other paper or document, pertaining to 

23 any claim under any of the laws administered by the Sec24 retary, meets the following criteria: 

25 ‘‘(1) The photograph, microphotograph, or 

26 digitized version is of sufficient quality to be viewed 


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1 and read on an electronic screen or other appro2 priate equipment. 

3 ‘‘(2) The photograph, microphotograph, or 

4 digitized version is an accurate reproduction of the 

5 original file, record, report, or other paper or docu6 ment. 

7 ‘‘(c) RETURN OF ORIGINAL.—After making a photo8 graph, microphotograph, or digitized version of a file, 

9 record, report, or other paper or document of a claimant 

10 that pertains to any claim under any of the laws adminis11 tered by the Secretary, and after carrying out the process 

12 to ensure the quality and accuracy of such photograph, 

13 microphotograph, or digitized version under subsection 

14 (b), the Secretary shall return the original such file, 

15 record, report, or other paper or document to the claimant 

16 (or the counsel or other appropriate custodian of the origi17 nal version). 

18 ‘‘(d) PRESUMPTION.—The Secretary shall resolve any 

19 doubt regarding the accuracy of a photograph, micro20 photograph, or digitized version of a file, record, report, 

21 or other paper or document, pertaining to any claim under 

22 any of the laws administered by the Secretary, in favor 

23 of the claimant if— 

24 ‘‘(1) the Secretary did not carry out the process 

25 to ensure the quality and accuracy of the photoVerDate Sep 11 2014 18:51 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4588.IH H4588

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1 graph, microphotograph, or digitized version pursu2 ant to subsection (b); or 

3 ‘‘(2) the claimant presents credible evidence 

4 that— 

5 ‘‘(A) a deficiency or alteration in such a 

6 photograph, microphotograph, or digitized 

7 version exists; or 

8 ‘‘(B) such a photograph, microphotograph, 

9 or digitized version is missing from the records 

10 maintained by the Secretary.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 5706 the following new 

14 item: 

‘‘5707. Treatment of digitized records as originals.’’. 

Æ 


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