[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3452 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3452

    To authorize the Secretary of Veterans Affairs to determine the 
 eligibility or entitlement of a member or former member of the Armed 
      Forces described in subsection (a) to a benefit under a law 
 administered by the Secretary solely based on alternative sources of 
evidence when the military service records or medical treatment records 
of the member or former member are incomplete because of damage or loss 
of records after being in the possession of the Federal Government, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2023

  Mr. Tester introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of Veterans Affairs to determine the 
 eligibility or entitlement of a member or former member of the Armed 
      Forces described in subsection (a) to a benefit under a law 
 administered by the Secretary solely based on alternative sources of 
evidence when the military service records or medical treatment records 
of the member or former member are incomplete because of damage or loss 
of records after being in the possession of the Federal Government, 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 ``Fred Hamilton Veterans' Lost Records 
Act''.

SEC. 2. AUTHORITY TO DETERMINE ELIGIBILITY AND ENTITLEMENT TO VETERANS 
              BENEFITS USING ALTERNATIVE SOURCES OF EVIDENCE WHEN 
              SERVICE RECORDS ARE INCOMPLETE BECAUSE OF DAMAGE OR LOSS 
              AFTER BEING IN POSSESSION OF FEDERAL GOVERNMENT.

    (a) Authority To Determine Eligibility and Entitlement to Benefits 
Using Alternative Sources of Evidence.--The Secretary of Veterans 
Affairs may determine the eligibility or entitlement of a member or 
former member of the Armed Forces to a benefit under a law administered 
by the Secretary solely based on alternative sources of evidence in a 
case in which the military service records or medical treatment records 
of the member or former member are incomplete because of damage or loss 
of records after being in the possession of the Federal Government.
    (b) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
consultation with the Secretary of Defense and the Archivist of the 
United States, shall promulgate regulations regarding the use by the 
Secretary of Veterans Affairs of alternative sources of evidence under 
subsection (a).
    (c) Effective Dates of Awards.--In the case of a claim of a member 
or former member of the Armed Forces with military service records or 
medical treatment records described in subsection (a), paragraph (2) of 
section 5110(a) of title 38, United States Code, shall apply except for 
any limitation based on the date of a request, supplemental claim, or 
notice described in such paragraph.
    (d) Alternative Source of Evidence Defined.--In this section, the 
term ``alternative sources of evidence'' means--
            (1) in the case of a former member of the Armed Forces, a 
        medical disability examination occurring soonest after the 
        former member's date of discharge or release from service in 
        the active military, naval, air, or space service;
            (2) in the case of a claim regarding a disability incurred 
        or aggravated during service in the active military, naval, 
        air, or space service, the assertion of former member of the 
        Armed Forces regarding the circumstances surrounding its 
        incurrence or aggravation;
            (3) a credible buddy statement; or
            (4) such other sources of evidence or processes as the 
        Secretary of Veterans Affairs deems appropriate for purposes of 
        determining eligibility or entitlement under subsection (a).
                                 <all>