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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Modernizing VA’s 
Records Management Program Act’’. 
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SEC. 2. TREATMENT OF DIGITIZED RECORDS AS ORIGI-
NALS. 
(a) IN GENERAL.—Chapter 57 of title 38, United 
States Code, is amended by inserting after section 5706 
the following new section: 
‘‘§ 5707. Treatment of digitized records as originals 
‘‘(a) IN GENERAL.—A photograph, microphotograph, 
or digitized version of a file, record, report, or other paper 
or document, pertaining to any claim under any of the 
laws administered by the Secretary shall have the same 
effect for purposes of this title as the original physical file, 
record, report, or other paper or document, if such photo-
graph, microphotograph, or digitized version is made in 
compliance with this section and chapter 33 of title 44. 
The Secretary may not be required to produce or retain 
such original physical file, record, report, or other paper 
or document, including with respect to a record of pro-
ceedings specified in section 7252(b) of this title. 
‘‘(b) QUALITY AND ACCURACY.—The Secretary shall 
develop and carry out a process to ensure that a photo-
graph, microphotograph, or digitized version of a file, 
record, report, or other paper or document, pertaining to 
any claim under any of the laws administered by the Sec-
retary, meets the following criteria: 
‘‘(1) The photograph, microphotograph, or 
digitized version is of sufficient quality to be viewed 
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and read on an electronic screen or other appro-
priate equipment. 
‘‘(2) The photograph, microphotograph, or 
digitized version is an accurate reproduction of the 
original file, record, report, or other paper or docu-
ment. 
‘‘(c) RETURN OF ORIGINAL.—After making a photo-
graph, microphotograph, or digitized version of a file, 
record, report, or other paper or document of a claimant 
that pertains to any claim under any of the laws adminis-
tered by the Secretary, and after carrying out the process 
to ensure the quality and accuracy of such photograph, 
microphotograph, or digitized version under subsection 
(b), the Secretary shall return the original such file, 
record, report, or other paper or document to the claimant 
(or the counsel or other appropriate custodian of the origi-
nal version). 
‘‘(d) PRESUMPTION.—The Secretary shall resolve any 
doubt regarding the accuracy of a photograph, micro-
photograph, or digitized version of a file, record, report, 
or other paper or document, pertaining to any claim under 
any of the laws administered by the Secretary, in favor 
of the claimant if— 
‘‘(1) the Secretary did not carry out the process 
to ensure the quality and accuracy of the photo-
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graph, microphotograph, or digitized version pursu-
ant to subsection (b); or 
‘‘(2) the claimant presents credible evidence 
that— 
‘‘(A) a deficiency or alteration in such a 
photograph, 
microphotograph, 
or 
digitized 
version exists; or 
‘‘(B) such a photograph, microphotograph, 
or digitized version is missing from the records 
maintained by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 5706 the following new 
item: 
‘‘5707. Treatment of digitized records as originals.’’. 
Æ 
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