[Senate Report 117-265]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 656
117th Congress      }                           {         Report
                                 SENATE
 2d Session         }                           {         117-265
_______________________________________________________________________



                    ACCESS FOR VETERANS TO RECORDS 
                              ACT OF 2022

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 4816

            TO REQUIRE THE ARCHIVIST OF THE UNITED STATES TO
              SUBMIT TO CONGRESS A COMPREHENSIVE PLAN FOR
           REDUCING THE BACKLOG OF REQUESTS FOR RECORDS FROM
     THE NATIONAL PERSONNEL RECORDS CENTER, AND FOR OTHER PURPOSES


                [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


               December 15, 2022.--Ordered to be printed
               
               		       __________
               		       
               		       
               	    U.S. GOVERNMENT PUBLISHING OFFICE	       
               
39-010			    WASHINGTON : 2023                              
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
         Matthew T. Cornelius, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                     Laura W. Kilbride, Chief Clerk



                                                     Calendar No. 656
117th Congress      }                           {         Report
                                 SENATE
 2d Session         }                           {         117-265

======================================================================


 
               ACCESS FOR VETERANS TO RECORDS ACT OF 2022

                                _______
                                

               December 15, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4816]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4816) to require 
the Archivist of the United States to submit to Congress a 
comprehensive plan for reducing the backlog of requests for 
records from the National Personnel Records Center, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............6

                         I. PURPOSE AND SUMMARY

    S. 4816, the Access for Veterans to Records Act of 2022, 
requires an assessment and a plan to clear the backlog at the 
National Personnel Records Center (NPRC) from veterans and 
their families. The bill also authorizes additional funding for 
the National Archives and Records Administration (NARA) to 
reduce the backlog, improve cybersecurity, and other records 
management improvements.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    S. 4816 addresses the backlog at the National Personnel 
Records Center (NPRC) of half a million record requests from 
veterans and their families. The NPRC is responsible for 
providing copies of service records for veterans and their 
families, often for the purpose of accessing veterans' benefits 
at Federal agencies or veteran service organizations.
    In an average year, NPRC responds to more than 1.2 million 
requests for copies of records. In response to the novel 
coronavirus, SARS-CoV-2 (COVID-19), NPRC maintained minimal 
staff to respond to only emergency reference requests (burials, 
medical emergencies, and homeless veterans).\1\ The requests 
were not processed as expeditiously as before and prevented the 
majority of veterans from obtaining copies of service records, 
increasing obstacles to receive veterans' benefits in a timely 
manner. For some veterans, particularly older ones, there may 
not be an alternative method for accessing these military 
records and, as such, the backlog increased the burden on 
veterans to apply for and receive their earned benefits.
---------------------------------------------------------------------------
    \1\Congressional Research Service, Modernizing Access to Military 
Service Records: Frequently Asked Questions (Aug. 8, 2022) (https://
sgp.fas.org/crs/secrecy/R47212.pdf).
---------------------------------------------------------------------------
    During the COVID-19 pandemic, NPRC worked with the 
Department of Veterans Affairs to help process emergency 
records requests from veterans and created multiple employee 
shifts within the workday.\2\ Nevertheless, there remains a 
need to reduce the existing backlog at NPRC and to mitigate the 
risk of future backlogs.
---------------------------------------------------------------------------
    \2\Federal News Network, Pandemic-induced backlog sparks new 
efforts to digitize military records at NARA (June 7, 2021) (https://
federalnewsnetwork.com/management/2021/06/pandemic-induced-backlog-
sparks-new-efforts-to-digitize-military-records-at-nara/).
---------------------------------------------------------------------------
    One of the hurdles is that the majority of NPRC's records 
remain in hard copy, without yet being digitized. This leaves 
the NPRC susceptible to future backlogs. A key component of the 
bill is providing resources to the NPRC to modernize and 
digitize its records. These modernization efforts are in line 
with NPRC's plan to modernize its Case Management and Reporting 
System (CMRS).\3\
---------------------------------------------------------------------------
    \3\National Archives and Records Administration, FY 2023 
Congressional Justification. (Mar. 28, 2022) (https://www.archives.gov/
files/about/plans-reports/performance-budget/2023-nara-congressional-
justification.pdf).
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Senator Jon Ossoff (D-GA) introduced S. 4816, the Access 
for Veterans to Records Act of 2022, on September 12, 2022, 
with Senators Mike Rounds (R-SD), Jeanne Shaheen (D-NH), and 
Mike Braun (R-IN). The legislation is a modified House 
companion of Chairwoman Carolyn Maloney (D-NY)'s bill, (H.R. 
7337). The bill was referred to the Committee on Homeland 
Security and Governmental Affairs. Senator Dan Sullivan (R-AK) 
joined as a cosponsor on September 21, 2022.
    The Committee considered S. 4816 at a business meeting on 
September 28, 2022. During the business meeting, Chairman 
Peters offered a first degree amendment which was adopted by 
voice vote. Senator Scott filed, but did not offer an amendment 
that would have stricken the authorization of appropriations 
provision and instead require NARA to use existing funds to 
carry out the bill's requirements. The bill, as amended by the 
Peters amendment, was ordered reported favorably by a voice 
vote with no Senators recorded as voting nay. Senators Peters, 
Carper, Hassan, Sinema, Rosen, Padilla, Ossoff, Portman, 
Lankford, Romney, Scott, and Hawley were present.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title as the ``Access 
for Veterans to Records Act of 2022.''

Section 2. Plan to eliminate records backlog at the National Personnel 
        Records Center

    This section requires the Archivist of the United States to 
submit a comprehensive plan to reduce the number of backlogged 
record requests, including the current count of unresolved 
record requests that have been pending for more than 20 days, 
90 days and one year. The plan must also include, among other 
requirements, timeframe and metrics to track progress; and 
strategies to prevent future record request backlogs.
    It directs periodic updates until NPRC demonstrates that it 
is fulfilling 90% of all records requests within 20 days. This 
section also requires the Secretary of Veterans Affairs to be 
consulted on the plan.

Section 3. Additional funding

    This section authorizes $60 million to address the backlog 
of records requests (responding to requests from veterans for 
military personnel records), improve cybersecurity, and improve 
digital preservation and access to archival Federal records. It 
also may be used for the Federal Records Center Program.

Section 4. Additional staffing

    This section requires that NPRC maintain the staffing 
levels necessary to meet the performance goal of responding to 
90 percent of requests for separation records within 20 days. 
This bill still allows NPRC to determine the right mix of in-
person and telework to ensure request requirements are met.

Section 5. Additional reporting

    This section directs the Inspector General for NARA to 
report on the agency's efforts to address the backlog and to 
submit recommendations for action to reduce the records 
backlog.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                                      ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                           Increases On-
                                                                                                                          Spending Subject  Pay-As-You-Go     Budget
   Bill          Title         Status        Last Action       Budget Function    Direct Spending,     Revenues, 2023-   to Appropriation,    Procedures     Deficits      Mandates     Contact
  Number                                                                              2023-2032             2032             2023-2027          Apply?     Beginning in
                                                                                                                                                               2033?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4816     Access for      Ordered               09/28/22                 800                   0                   0   $60 million        No             No            No           Matthew
             Veterans to     reported                                                                                                                                                  Pickford
             Records Act
             of 2022
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4816 would require the Archivist of the United States to submit a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center. The bill
  would authorize the appropriation of $60 million for that purpose. CBO estimates that enacting S. 4816 would not affect direct spending or revenues. CBO estimates that implementing the bill
  would increase discretionary costs by $60 million over the 2023-2027 period but that spending would be subject to the availability of appropriated funds. The bill contains no
  intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]