[Congressional Record Volume 167, Number 104 (Tuesday, June 15, 2021)]
[House]
[Pages H2778-H2779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       VA FOIA REFORM ACT OF 2021

  Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2726) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2726

       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.

[[Page H2779]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous material on H.R. 2726.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am pleased to support H.R. 2726, the VA FOIA Reform 
Act of 2021, introduced by Representative Gallego, a member of the 
House Committee on Veterans' Affairs.
  This bipartisan legislation is cosponsored by Representative Murphy 
from North Carolina and would modernize the Department of Veterans 
Affairs' Freedom of Information Act, or FOIA, process to help VA meet 
statutory requirements and improve efficiency.
  The FOIA process is essential for ensuring a transparent and 
accountable VA by allowing the public insight into the workings of a 
Department that serves millions of veterans each year. However, an 
enduring backlog of open requests and out-of-date technology have made 
it difficult for the Department to provide timely access to requested 
information.
  Madam Speaker, this bill would require VA to establish a plan in 
order to meet all statutory FOIA requirements, identify its technology 
needs, and carry out this plan within 5 years.
  Veterans and their families, employees, and the public who have made 
FOIA requests at VA have been kept waiting for too long. I hope this 
bill puts VA on a path to providing FOIA information in a timely 
manner.
  Madam Speaker, H.R. 2726 was reported favorably by the committee, and 
I ask my colleagues to support the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 2726, the VA FOIA 
Reform Act of 2021.
  Madam Speaker, over the last few years, VA has worked hard to reduce 
the Freedom of Information Act, or FOIA, requests backlog. These 
efforts have achieved some success, but the VA still has a long way to 
go.
  At the end of fiscal year 2020, VA reported 4,206 pending requests. 
This bill would require VA to carry out a plan to reduce the backlog 
and comply with existing FOIA requirements.
  It would also require VA to report to Congress on a plan and the 
Department's work. This will help Congress oversee VA's efforts to 
reduce the FOIA backlog and provide additional resources that may be 
necessary.
  Madam Speaker, I appreciate the bipartisan work on this legislation, 
and I encourage my colleagues to support it. I reserve the balance of 
my time.
  Mr. TAKANO. Madam Speaker, I yield 2 minutes to the gentleman from 
Arizona (Mr. Gallego), my good friend, author of H.R. 2726, and a 
member of the House Committee on Veterans' Affairs.
  Mr. GALLEGO. Madam Speaker, I rise today in support of my bill, H.R. 
2726, the VA FOIA Reform Act.
  Madam Speaker, I thank Chair Takano and Ranking Member Bost for 
bringing this bill to the floor and Representative Murphy for co-
leading this important legislation with me.
  The bill is a simple, bipartisan measure to improve efficiency and 
transparency at the VA.
  As we all know, transparency is critical in ensuring that the VA is 
serving our veterans as effectively as possible. Veterans, their 
caregivers, VSOs, and the public all deserve easy and timely access to 
information about veteran care, VA performance, and other data when 
requested.
  Unfortunately, VA currently has among the worst backlogs of Freedom 
of Information Act requests across Federal agencies. Among these 
backlogged requests are inquiries about VA performance and decisions, 
as well as requests from veterans for their own personal records.
  My bill will ensure that the VA takes concrete steps to reduce its 
FOIA backlogs so that these veterans get answers. It also calls for the 
National Archives and Records Administration to review VA's FOIA 
process.
  Finally, the bill requires the VA to analyze the root causes of its 
FOIA backlog and to identify technology needs and procedural 
improvements that will increase efficiency in responding to requests.
  This straightforward bill is a commonsense step toward improving the 
flow of information from the VA to all the stakeholders it serves.
  Madam Speaker, I urge all of my colleagues to support it today, and I 
look forward to working to get it signed into law.
  Mr. BOST. Madam Speaker, I encourage my colleagues to support this 
bill, and I yield back the balance of my time.
  Mr. TAKANO. Madam Speaker, I would like to close by saying I urge all 
of my colleagues to support the VA FOIA Reform Act of 2021. We need to 
make sure that our veterans and their families get information that 
they have requested from the VA in a timely manner.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 2726.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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