VA FOIA Reform Act of 2020
This bill requires the Department of Veterans Affairs (VA) to reduce the backlog of Freedom of Information Act (FOIA) requests by 75% within three years of enactment of the bill. Additionally, the VA must reduce the backlog of Office of Special Counsel requests made to the VA by 75% within three years of the enactment of this bill.
The VA must determine the types of documents, records, and information that are frequently requested under FOIA and must regularly make such documents, records, and information publicly available.
Finally, the VA must request that the Office of Government Information Services within the National Archives and Records Administration conduct an assessment of the VA's compliance with FOIA.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7163 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7163
To direct the Secretary of Veterans Affairs to reduce the backlog of
requests for information made to the Department of Veterans Affairs
pursuant to section 552 of title 5, United States Code, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Cisneros (for himself and Mr. Rose of New York) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to reduce the backlog of
requests for information made to the Department of Veterans Affairs
pursuant to section 552 of title 5, United States Code, 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 ``VA FOIA Reform Act of 2020''.
SEC. 2. REDUCTION OF BACKLOG OF CERTAIN REQUESTS FOR INFORMATION.
(a) Reduction of Backlogs.--
(1) FOIA.--By not later than three years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall reduce the backlog of FOIA requests by 75 percent.
(2) Office of special counsel.--By not later than three
years after the date of the enactment of this Act, the
Secretary shall reduce the backlog of Special Counsel requests
by 75 percent.
(b) Proactive Disclosures.--On an ongoing basis, the Secretary
shall determine the documents, records, and information of the
Department of Veterans Affairs that are the types of documents,
records, and information of the Department that the Secretary
determines are frequently requested and provided pursuant to section
552 of title 5, United States Code. The Secretary shall regularly make
such documents, records, and information publicly available, including
by publishing such documents, records, and information on the internet
website of the Department.
(c) Compliance Assessment.--The Secretary shall request the
Director of the Office of Government Information Services of the
National Archives and Records Administration to conduct an assessment
of the compliance by the Department of Veterans Affairs with section
552 of title 5, United States Code.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report on implementing subsections (a) and
(b). The report shall include the following:
(A) A plan for such implementation.
(B) An analysis of the root causes of the backlog
of FOIA requests and the backlog of Special Counsel
requests.
(C) A plan to improve and acquire technology,
including with respect to searching email and other
electronic information, and the timelines for such
improvement, to ensure that the information technology
of the Department of Veterans Affairs is capable of
carrying out such plan.
(D) Identification of efficient procedures,
policies, and systems of the Department that could be
developed to allow employees of the Department
responsible for replying to requests under section 552
of title 5, United States Code, to search and review
documents rather than other employees of the
Department.
(E) Identification of the documents and information
that will be made publicly available under subsection
(b) and identification of the 10 most frequently
requested types of documents, records, or information.
(F) Recommendations with respect to any additional
resources or legislative action the Secretary
determines necessary for such implementation.
(2) Annual reports.--During the three-year period following
the date of the enactment of this Act, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate annual reports on implementing
subsections (a) and (b).
(3) Publication.--The Secretary shall make publicly
available on the internet website of the Department the reports
under paragraphs (1) and (2) by not later than 30 days after
the date on which the Secretary submits the reports to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate.
(e) Definitions.--In this section:
(1) The term ``backlog of FOIA requests'' means the number
of requests, as reported by the Secretary of Veterans Affairs
to the Attorney General in the Annual FOIA Report for Fiscal
Year 2019, made by individuals to the Secretary pursuant to
section 552 of title 5, United States Code, for documents or
information that the Secretary has not fulfilled or provided a
response to the individual.
(2) The term ``backlog of Special Counsel requests'' means
the number of requests, as determined by the Secretary of
Veterans Affairs by not later than 90 days after the date of
the enactment of this Act, made by the Special Counsel to the
Secretary pursuant to chapter 12 of part II of title 5, United
States Code, for documents or information that the Secretary
has not fulfilled or provided a response to the Office of
Special Counsel.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Oversight and Investigations.
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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