Modernizing VA’s Records Management Program Act

Bill: 116-hr-4588
Sponsor: full_name: Rep. Cox, TJ [D-CA-21]
Introduced: 2019-10-01
Policy area: Armed Forces and National Security
Subjects: Administrative law and regulatory procedures

Administrative remedies

Department of Veterans Affairs

Digital media

Evidence and witnesses

Government information and archives

Photography and imaging
Latest action: action_date: 2019-10-14
text: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Summaries:
action_date: 2019-10-01
action_desc: Introduced in House
text: <p><b>Modernizing VA's Records Management Program Act</b></p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The VA must return an original document or file to a claimant once the digitized version has been made.</p> <p>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.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 4588 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. Short title This Act may be cited as the Modernizing VA’s Records Management Program Act . 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: 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. .