Title: Modernizing VA’s Records Management Program Act
Policy area: Armed Forces and National Security

Summary:
Modernizing VA's Records Management Program Act
This bill authorizes the treatment of digitized records (e.g., photographs or files) as original documents for purposes of claims under laws of the Department of Veterans Affairs (VA), so long as the digitized versions are made in compliance with document disposal laws.
Under the bill, the VA may not be required to produce or retain original physical files or records, including for proceedings occurring at the Court of Appeals for Veterans Claims.
The bill requires the VA to implement a process to ensure a digitized record pertaining to a claim is (1) of sufficient quality to be viewed and read on an electronic screen, and (2) an accurate reproduction of the original file or document.
The VA must return an original document or file to a claimant once the digitized version has been made.
Finally, the VA must resolve any doubt regarding the accuracy of a digitized file or document pertaining to a claim in favor of the claimant if (1) the VA did not implement the process to ensure the quality and accuracy of the digitized version, (2) the claimant presents credible evidence that there is a deficiency or alteration to the file, or (3) the claimant presents credible evidence that such digitized version is missing from VA records.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4588 Introduced in House (IH)]

<DOC>






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 Representatives 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''.

SEC. 2. TREATMENT OF DIGITIZED RECORDS AS ORIGINALS.

    (a) In General.--Chapter 57 of title 38, United States Code, is 
amended by inserting after section 5706 the following new section:
``Sec. 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 photograph, 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 proceedings 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 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, meets the following criteria:
            ``(1) The photograph, microphotograph, or digitized version 
        is of sufficient quality to be viewed and read on an electronic 
        screen or other appropriate equipment.
            ``(2) The photograph, microphotograph, or digitized version 
        is an accurate reproduction of the original file, record, 
        report, or other paper or document.
    ``(c) Return of Original.--After making a photograph, 
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 administered 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 original version).
    ``(d) Presumption.--The Secretary shall resolve any doubt regarding 
the accuracy of 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, in favor of 
the claimant if--
            ``(1) the Secretary did not carry out the process to ensure 
        the quality and accuracy of the photograph, microphotograph, or 
        digitized version pursuant 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.''.
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