Pub. L. 117-328, div. U, tit. IV, sec. 406
PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS.
SEC. 406. PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS.(a) Plan.—(1) In general.—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 136 STAT. 5494 States Code, (commonly known as the “Freedom of Information Act” or “FOIA”) with respect to providing documents and information under such section within the timeframes required by such section. (2) Elements.—The plan required by paragraph (1) shall include the following:(A) 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. (B) 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. (C) 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.—(A) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on implementing subsections (a) and (b). (B) Contents.—The report required by subparagraph (A) shall include the following:(i) The plan established under subsection (a). (ii) An analysis of the root causes of the backlog of Freedom of Information Act requests. (iii) 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives. (d) Definition of Backlog of Freedom of Information Act Requests.—In this section, the term “backlog of Freedom of Information Act requests” means the number of requests, as 136 STAT. 5495 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.