I 

117TH CONGRESS 

1ST SESSION H. R. 6321 

To require the head of each Federal agency, within 100 calendar days, 

to complete all pending Freedom of Information Act requests related 

to a drug or medical device to prevent, diagnose, mitigate, or treat 

COVID–19, gain-of-function or potential pandemic pathogen research, 

or a policy, rule, or standard requiring COVID–19 vaccination of individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2021 

Mr. ROY (for himself, Mr. NORMAN, Mr. DUNCAN, Mr. WEBSTER of Florida, 

Mr. POSEY, Mr. BIGGS, Mr. TAYLOR, and Mr. GOHMERT) introduced the 

following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Appropriations, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To require the head of each Federal agency, within 100 

calendar days, to complete all pending Freedom of Information Act requests related to a drug or medical device 

to prevent, diagnose, mitigate, or treat COVID–19, gainof-function or potential pandemic pathogen research, or 

a policy, rule, or standard requiring COVID–19 vaccination of individuals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 6321 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Answer COVID FOIAs 

3 Now Act’’. 

4 SEC. 2. COMPLETION OF FOIA REQUESTS RELATING TO 

5 DRUGS AND MEDICAL DEVICES TO PREVENT, 

6 DIAGNOSE, MITIGATE, OR TREAT COVID–19. 

7 (a) IN GENERAL.— 

8 (1) COMPLETION OF REQUESTS.—Notwith9 standing any other provision of law, the head of each 

10 Federal agency shall, not later than 100 calendar 

11 days after the date of enactment of this Act, com12 plete all requests for records made under section 

13 552(a) of title 5, United States Code, that are— 

14 (A) made to the Federal agency; 

15 (B) pending as of the date of enactment of 

16 this Act; and 

17 (C) related to— 

18 (i) a drug or medical device to pre19 vent, diagnose, mitigate, or treat COVID– 

20 19; 

21 (ii) gain-of-function research or poten22 tial pandemic pathogen research; or 

23 (iii) a policy, rule, or standard requir24 ing COVID–19 vaccination of individuals. 

25 (2) RULE OF CONSTRUCTION.—Nothing in this 

26 Act shall be construed to require the disclosure of 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 6321 IH

1 information that is exempt from disclosure under 

2 section 552(b) of title 5, United States Code. 

3 (b) LIST OF PENDING REQUESTS.—The head of a 

4 Federal agency shall publicly and electronically make 

5 available a list of all requests described in subsection 

6 (a)(1). 

7 (c) REPORTS.— 

8 (1) INITIAL REPORT.—Not later than 7 busi9 ness days after the date of enactment of this Act, 

10 the head of each Federal agency shall provide the 

11 list required by subsection (b) to— 

12 (A) the Committee on the Judiciary, the 

13 Committee on Energy and Commerce, and the 

14 Committee on Oversight and Reform of the 

15 House of Representatives; 

16 (B) the Committee on the Judiciary, the 

17 Committee on Health, Education, Labor, and 

18 Pensions, and the Committee on Homeland Se19 curity and Governmental Affairs of the Senate; 

20 and 

21 (C) the Secretary of the Treasury. 

22 (2) SUBSEQUENT REPORT.—Not later than 100 

23 calendar days after the date of enactment of this 

24 Act, the head of each Federal agency shall provide 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 6321 IH

1 a list of all requests described in subsection (a)(1) 

2 that remain pending, if any, to— 

3 (A) the committees referred to in para4 graph (1); and 

5 (B) the Secretary of the Treasury. 

6 (d) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Federal agency’’ means an agen8 cy as that term is defined in section 551 of title 5, 

9 United States Code. 

10 (2) The term ‘‘gain-of-function research’’ means 

11 any research that may be reasonably anticipated to 

12 confer an attribute to a pathogen such that the 

13 pathogen would have enhanced pathogenicity or 

14 transmissibility in mammals. 

15 (3) The term ‘‘potential pandemic pathogen’’ 

16 means a pathogen that, prior to any gain-of-function 

17 research— 

18 (A) is likely highly transmissible and likely 

19 capable of wide and uncontrollable spread in 

20 human populations; and 

21 (B) is likely highly virulent and likely to 

22 cause significant morbidity or mortality in hu23 mans. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 6321 IH

1 SEC. 3. PENALTY FOR FAILURE TO DISPOSE OF PENDING 

2 FOIA REQUESTS. 

3 Beginning on the day that is 101 calendar days after 

4 the date of enactment of this Act, the Secretary of the 

5 Treasury shall transfer from the appropriations account 

6 of the office of the head of a Federal agency (as defined 

7 in section 2(d)) to the Countermeasures Injury Compensa8 tion Program of the Health Resources and Services Ad9 ministration $1,000,000 for each calendar day on which 

10 any request described in section 2(a)(1) remains pending 

11 with such Federal agency. 

12 SEC. 4. COMPELLING NEED FOR EXPEDITED PROCESSING. 

13 With respect to affirming or denying a request for 

14 expedited processing of a record under section 

15 552(a)(6)(E) of title 5, United States Code, a person sub16 mitting such request to a Federal agency (as defined in 

17 section 2(d)) shall be deemed to have demonstrated a com18 pelling need for such record if such record is related to— 

19 (1) a drug or medical device to prevent, diag20 nose, mitigate, or treat COVID–19; 

21 (2) gain-of-function research or potential pan22 demic pathogen research (as such terms are defined 

23 in section 2(e)); or 

24 (3) a policy, rule, or standard requiring 

25 COVID–19 vaccination of individuals. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS