II 118th CONGRESS 1st Session S. 3295 IN THE SENATE OF THE UNITED STATES November 14 (legislative day, November 13), 2023 Mr. Lankford (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to establish a portal for maintaining digital records of former members of the Armed Forces and to establish an advisory committee regarding the maintenance of those records, and for other purposes.

1. Short title This Act may be cited as the Increasing Access to Military Service Records Act of 2023 . 2. Establishment of portal for digital records of former members of the Armed Forces (a) Establishment of portal required The Secretary of Veterans Affairs shall establish a portal for maintaining images of the military personnel digital records of the Department of Defense so that former members of the Armed Forces and their families can access their own records through a portal created by the Department of Veterans Affairs. (b) Advisory committee (1) Establishment (A) In general The Secretary shall establish an advisory committee on access to military personnel records of former members of the Armed Forces. (B) Designation The advisory committee established under subparagraph (A) shall be known as the Veteran Military Personnel Record Advisory Committee (in this section referred to as the Advisory Committee ). (2) Membership (A) In general The Advisory Committee shall be composed of 12 members appointed by the Secretary, of which— (i) not fewer than one shall be a representative of the Administration; (ii) not fewer than one shall be a representative of the Department of Defense; (iii) not fewer than one shall be a representative of the Department of Veterans Affairs; (iv) not fewer than one shall be a representative of the Army; (v) not fewer than one shall be a representative of the Navy; (vi) not fewer than one shall be a representative of the Air Force; (vii) not fewer than one shall be a representative of the Marine Corps; (viii) not fewer than one shall be a representative of the Space Force; (ix) not fewer than one shall be a representative of the Coast Guard; (x) not fewer than one shall be a skilled software product development specialist; and (xi) not fewer than one shall be a representative of a veterans service organization. (B) Date The appointments of the members of the Committee under subparagraph (A) shall be made not later than 90 days after the date of the enactment of this Act. (C) Period of appointment; vacancies (i) In general A member of the Advisory Committee shall be appointed for the life of the Advisory Committee. (ii) Vacancies A vacancy in the Advisory Committee— (I) shall not affect the powers of the Advisory Committee; and (II) shall be filled in the same manner as the original appointment. (D) Chairperson and vice chairperson The Advisory Committee shall select a Chairperson and Vice Chairperson from among the members of the Advisory Committee. (3) Meetings (A) Initial meeting Not later than 90 days after the date of the enactment of this Act, the Advisory Committee shall hold the first meeting of the Advisory Committee. (B) Frequency The Advisory Committee shall meet not less frequently than quarterly. (C) Quorum A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold hearings. (4) Duties The duties of the Advisory Committee are as follows: (A) To assess how the Department of Veterans Affairs and the National Archives can more effectively utilize the electronic records of the Department of Defense via the Defense Personnel Records Information Retrieval System and how to best use this platform as a portal for the digital images of the records. (B) To assess how the military departments would need to better coordinate the capabilities of the Defense Personnel Records Information Retrieval System. (C) To assess how best to leverage existing infrastructure of the Defense Personnel Records Information Retrieval System and other forms of infrastructure to facilitate military personnel record access for former members of the Armed Forces. (D) To create guidelines for compiling military personnel records of members of the Armed Forces in the portal established under subsection (a). (E) To assess the steps required to develop an electronic portal and corresponding website to carry out subsection (a). (F) To assess the transition from the Department of Defense to the Administration after 62 years when military personnel records become public. (G) To assess the coordination of military personnel records between Federal agencies. (H) To assess the consistency and interoperability of data sharing between the military departments with respect to military personnel records. (I) To assess the legal impediments to the sharing between Federal agencies of military personnel records. (J) To assess the options for accessibility of former members of the Armed Forces to their military personnel records and any hindrances to such accessibility. (K) To assess the feasibility and advisability of a call center for former members of the Armed Forces to access their military personnel records within the National Personnel Records Center. (L) To assess the feasibility and advisability of a nondigital option for former members of the Armed Forces without access to the portal established under subsection (a) to access their military personnel records. (M) To assess the feasibility and advisability of establishing a portal like the one required by subsection (a) but separated from such portal and for congressional caseworkers of former members of the Armed Forces. (N) To assess the feasibility and advisability of allowing third-party access to military personnel records of former members of the Armed Forces for scholars and extended family members of such former members. (O) To assess how the portal required by subsection (a) can have necessary separation between the actual data or information provided and the end user to protect confidential information and privacy. (P) To assess measures to ensure adequate access to military personnel records of former members of the Armed Forces by historians while protecting the privacy of former members of the Armed Forces. (Q) To assess which metrics should be used to determine which family members of former members of the Armed Forces should be allowed to access the military personnel records of such former members. (R) To assess how military personnel records transfer from the military departments to the Administration after 62 years will occur in the digital realm, including from a private information protection standpoint. (S) To assess the current standards for sharing records of former members of the Armed Forces. (T) To assess how to avoid data redundancy and ensure consistent record keeping of military personnel records across all platforms and locations of the Federal Government. (5) Report Not later than 180 days after the initial meeting of the Advisory Committee under paragraph (3)(A), the Advisory Committee shall submit to Congress a report on the activities conducted by the Advisory Committee. (6) Powers of Advisory Committee (A) Hearings The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this subsection. (B) Information from Federal agencies (i) In general The Advisory Committee may secure directly from a Federal department or agency such information as the Advisory Committee considers necessary to carry out this subsection. (ii) Furnishing information On request of the Chairperson of the Advisory Committee, the head of the department or agency shall furnish the information to the Advisory Committee. (C) Postal services The Advisory Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (D) Gifts The Advisory Committee may accept, use, and dispose of gifts or donations of services or property. (7) Advisory Committee personnel matters (A) Compensation of members A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. (B) Travel expenses A member of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Committee. (C) Staff (i) In general The Chairperson of the Advisory Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Advisory Committee to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Advisory Committee. (ii) Compensation The Chairperson of the Advisory Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (D) Detail of government employees A Federal Government employee may be detailed to the Advisory Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (E) Procurement of temporary and intermittent services The Chairperson of the Advisory Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (8) Termination of Advisory Committee The Advisory Committee shall terminate on the date that is two years after the date of the enactment of this Act. (9) Authorization of appropriations No amounts are authorized to be appropriated to carry out this subsection. The Secretary shall carry out this subsection using amounts otherwise made available to the Department of Veterans Affairs. (c) Definitions In this section: (1) Administration and Archivist The terms Administration and Archivist have the meanings given those terms in section 2101 of title 44, United States Code. (2) Veterans service organization The term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.