[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6321 Introduced in House (IH)]
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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, gain-of-function or potential pandemic pathogen research, or
a policy, rule, or standard requiring COVID-19 vaccination of
individuals, 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 ``Answer COVID FOIAs Now Act''.
SEC. 2. COMPLETION OF FOIA REQUESTS RELATING TO DRUGS AND MEDICAL
DEVICES TO PREVENT, DIAGNOSE, MITIGATE, OR TREAT COVID-
19.
(a) In General.--
(1) Completion of requests.--Notwithstanding any other
provision of law, the head of each Federal agency shall, not
later than 100 calendar days after the date of enactment of
this Act, complete all requests for records made under section
552(a) of title 5, United States Code, that are--
(A) made to the Federal agency;
(B) pending as of the date of enactment of this
Act; and
(C) related to--
(i) a drug or medical device to prevent,
diagnose, mitigate, or treat COVID-19;
(ii) gain-of-function research or potential
pandemic pathogen research; or
(iii) a policy, rule, or standard requiring
COVID-19 vaccination of individuals.
(2) Rule of construction.--Nothing in this Act shall be
construed to require the disclosure of information that is
exempt from disclosure under section 552(b) of title 5, United
States Code.
(b) List of Pending Requests.--The head of a Federal agency shall
publicly and electronically make available a list of all requests
described in subsection (a)(1).
(c) Reports.--
(1) Initial report.--Not later than 7 business days after
the date of enactment of this Act, the head of each Federal
agency shall provide the list required by subsection (b) to--
(A) the Committee on the Judiciary, the Committee
on Energy and Commerce, and the Committee on Oversight
and Reform of the House of Representatives;
(B) the Committee on the Judiciary, the Committee
on Health, Education, Labor, and Pensions, and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(C) the Secretary of the Treasury.
(2) Subsequent report.--Not later than 100 calendar days
after the date of enactment of this Act, the head of each
Federal agency shall provide a list of all requests described
in subsection (a)(1) that remain pending, if any, to--
(A) the committees referred to in paragraph (1);
and
(B) the Secretary of the Treasury.
(d) Definitions.--In this section:
(1) The term ``Federal agency'' means an agency as that
term is defined in section 551 of title 5, United States Code.
(2) The term ``gain-of-function research'' means any
research that may be reasonably anticipated to confer an
attribute to a pathogen such that the pathogen would have
enhanced pathogenicity or transmissibility in mammals.
(3) The term ``potential pandemic pathogen'' means a
pathogen that, prior to any gain-of-function research--
(A) is likely highly transmissible and likely
capable of wide and uncontrollable spread in human
populations; and
(B) is likely highly virulent and likely to cause
significant morbidity or mortality in humans.
SEC. 3. PENALTY FOR FAILURE TO DISPOSE OF PENDING FOIA REQUESTS.
Beginning on the day that is 101 calendar days after the date of
enactment of this Act, the Secretary of the Treasury shall transfer
from the appropriations account of the office of the head of a Federal
agency (as defined in section 2(d)) to the Countermeasures Injury
Compensation Program of the Health Resources and Services
Administration $1,000,000 for each calendar day on which any request
described in section 2(a)(1) remains pending with such Federal agency.
SEC. 4. COMPELLING NEED FOR EXPEDITED PROCESSING.
With respect to affirming or denying a request for expedited
processing of a record under section 552(a)(6)(E) of title 5, United
States Code, a person submitting such request to a Federal agency (as
defined in section 2(d)) shall be deemed to have demonstrated a
compelling need for such record if such record is related to--
(1) a drug or medical device to prevent, diagnose,
mitigate, or treat COVID-19;
(2) gain-of-function research or potential pandemic
pathogen research (as such terms are defined in section 2(e));
or
(3) a policy, rule, or standard requiring COVID-19
vaccination of individuals.
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