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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Oversight and Investigations.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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