VA FOIA Reform Act of 2020

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. 1. Short title This Act may be cited as the VA FOIA Reform Act of 2020 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 (2) The term backlog of Special Counsel requests

Summary: 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.