[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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