[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3295 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3295
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.
_______________________________________________________________________
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.
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 ``Increasing Access to Military
Service Records Act of 2023''.
SEC. 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.
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