VA FOIA Reform Act of 2021
Bill: S.2163 | Sponsor: Sen. Hassan, Margaret Wood (D-NH)
Policy area: Armed Forces and National Security

Summary:
VA FOIA Reform Act of 2021
This bill requires the Department of Veterans Affairs (VA) to establish and implement a plan for reducing its backlog of requests under the Freedom of Information Act (FOIA).
The VA must request that the Office of Government Information Services of the National Archives and Records Administration conduct an assessment of the VA's compliance with FOIA.
Finally, the VA must submit an annual report on its FOIA compliance efforts and make such reports available on its website.

To direct the Secretary of Veterans Affairs to establish a plan 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 2021''.

SEC. 2. PLAN FOR REDUCTION OF BACKLOG OF FOIA REQUESTS.

    (a) Plan.--The Secretary of Veterans Affairs shall establish and 
carry out a plan for the Secretary to meet, by not later than five 
years after the date of the enactment of this Act, the requirements of 
section 552 of title 5, United States Code, with respect to providing 
documents and information under such section within the timeframes 
required by such section. The plan shall include the following:
            (1) Improving and acquiring 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 the plan.
            (2) 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 such section 552 to search and review documents 
        rather than other employees of the Department.
            (3) A schedule for carrying out the plan, including key 
        milestones and metrics.
    (b) 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.
    (c) 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) The plan established under subsection (a).
                    (B) An analysis of the root causes of the backlog 
                of FOIA requests.
                    (C) Recommendations with respect to any additional 
                resources or legislative action the Secretary 
                determines necessary for such implementation.
            (2) Annual reports.--During the five-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--
                    (A) carrying out the plan under subsection (a), 
                including any updates or changes made to the plan; and
                    (B) the compliance by the Department as described 
                in subsection (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.
    (d) Backlog of FOIA Requests Defined.--In this section, 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, 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.
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