Us Congress 2023-2024 Regular Session

Us Congress House Bill HB271 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 271
55 To provide for greater accountability with respect to Federal activities and
66 expenditures relating to COVID–19, and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 JANUARY11, 2023
99 Mr. E
1010 STESintroduced the following bill; which was referred to the Committee
1111 on Energy and Commerce, and in addition to the Committees on Edu-
1212 cation and the Workforce, the Judiciary, Armed Services, and Oversight
1313 and Accountability, for a period to be subsequently determined by the
1414 Speaker, in each case for consideration of such provisions as fall within
1515 the jurisdiction of the committee concerned
1616 A BILL
1717 To provide for greater accountability with respect to Federal
1818 activities and expenditures relating to COVID–19, and
1919 for other purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Restoring Normalcy 4
2424 in America Act’’. 5
2525 SEC. 2. HHS COVID–19 STUDY. 6
2626 (a) I
2727 NGENERAL.—The Secretary of Health and 7
2828 Human Services shall conduct a study on— 8
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3232 (1) the effectiveness of vaccines licensed under 1
3333 section 351 of the Public Health Service Act (42 2
3434 U.S.C. 262) or authorized for emergency use under 3
3535 section 564 of the Federal Food, Drug, and Cos-4
3636 metic Act (21 U.S.C. 360bbb–3) in providing immu-5
3737 nization against COVID–19 (including any addi-6
3838 tional doses of such a vaccine to be administered 7
3939 after the primary series of doses); 8
4040 (2) the effectiveness of treatments approved 9
4141 under section 505 of the Federal Food, Drug, and 10
4242 Cosmetic Act (21 U.S.C. 355), licensed under sec-11
4343 tion 351 of the Public Health Service Act (42 12
4444 U.S.C. 262), or authorized for emergency use under 13
4545 section 564 of the Federal Food, Drug, and Cos-14
4646 metic Act (21 U.S.C. 360bbb–3) to treat COVID– 15
4747 19; 16
4848 (3) the rate of transmission of SARS–CoV–2 17
4949 throughout the United States, beginning on the first 18
5050 day of the emergency period (as defined in section 19
5151 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 20
5252 1320b–5(g)(1)(B))); 21
5353 (4) the level of preparedness of the United 22
5454 States for future pandemics; and 23
5555 (5) the cause and origins of the COVID–19 24
5656 pandemic. 25
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6060 (b) REPORT.—Not later than one year after the date 1
6161 of the enactment of this Act, the Secretary shall submit 2
6262 to the Congress a report on the findings of the study con-3
6363 ducted under subsection (a). 4
6464 (c) F
6565 UNDING.—Of the amounts made available to the 5
6666 Secretary of Health and Human Services in appropria-6
6767 tions Acts that remain unobligated as of the date of the 7
6868 enactment of this Act, the Secretary may use not more 8
6969 than 3 percent of such funds to carry out this section. 9
7070 SEC. 3. TERMINATION OF EMERGENCY USE AUTHORITY 10
7171 FOR COVID–19 PREVENTION AND TREAT-11
7272 MENT. 12
7373 Effective on the date of the enactment of this Act, 13
7474 the Secretary of Health and Human Services, acting 14
7575 through the Commissioner of Food and Drugs, may not 15
7676 authorize under section 564 of the Federal Food, Drug, 16
7777 and Cosmetic Act (21 U.S.C. 360bbb–3) for emergency 17
7878 use any drug, biological product, or device for use in the 18
7979 prevention or treatment of COVID–19. 19
8080 SEC. 4. COVID–19 FUNDING AUDIT. 20
8181 (a) I
8282 NGENERAL.—The Comptroller General of the 21
8383 United States shall conduct an audit of all Federal fund-22
8484 ing made available to the Secretary of Health and Human 23
8585 Services, the Commissioner of Food and Drugs, and the 24
8686 Director of the Centers for Disease Control and Preven-25
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9090 tion for programs and activities relating to COVID–19. 1
9191 Such audit shall include— 2
9292 (1) an accounting of the amount of such funds 3
9393 that have been obligated or expended, disaggregated 4
9494 by agency and activity; and 5
9595 (2) an accounting of any such funds that re-6
9696 main unobligated and available for rescission. 7
9797 (b) R
9898 EPORT.—Not later than one year after the date 8
9999 of the enactment of this Act, the Comptroller General of 9
100100 the United States shall submit to the Congress a report 10
101101 on the findings of the audit conducted under subsection 11
102102 (a). 12
103103 SEC. 5. UNLAWFUL EMPLOYMENT PRACTICE UNDER TITLE 13
104104 VII OF THE CIVIL RIGHTS ACT OF 1964 FOR 14
105105 FAILURE TO OFFER RE-EMPLOYMENT TO EM-15
106106 PLOYEES DISCHARGED FOR FAILURE TO RE-16
107107 CEIVE A VACCINATION AGAINST COVID–19. 17
108108 For purposes of section 703(a) of title VII of the Civil 18
109109 Rights Act of 1964 (42 U.S.C. 2003–2(a)), it shall be an 19
110110 unlawful employment practice for an employer to fail to 20
111111 give on request full consideration for, and to offer a posi-21
112112 tion at the pay and level equal to the applicable pre-dis-22
113113 charge pay and level, of employment to an individual pre-23
114114 viously discharged from employment by such employer 24
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118118 based on such individual’s failure to receive a vaccination 1
119119 against COVID–19. 2
120120 SEC. 6. COVID–19 VACCINATION STATUS AND PLACES OF 3
121121 PUBLIC ACCOMMODATION. 4
122122 Title II of the Civil Rights Act of 1964 (42 U.S.C. 5
123123 2000a et seq.) is amended as follows: 6
124124 (1) In section 201, by inserting after ‘‘on the 7
125125 ground of race, color, religion,’’ the following: ‘‘fail-8
126126 ure to receive a vaccination against COVID–19,’’. 9
127127 (2) In section 202, by inserting after ‘‘on the 10
128128 ground of race, color, religion,’’ the following: ‘‘fail-11
129129 ure to receive a vaccination against COVID–19,’’. 12
130130 SEC. 7. COVID–19 VACCINATION STATUS AND FEDERALLY 13
131131 ASSISTED PROGRAMS. 14
132132 Section 601 of the Civil Rights Act of 1964 (42 15
133133 U.S.C. 2000d) is amended by inserting ‘‘failure to receive 16
134134 a vaccination against COVID–19,’’ before ‘‘race, color,’’. 17
135135 SEC. 8. COVID–19 VACCINATION STATUS AND EMPLOY-18
136136 MENT. 19
137137 (a) R
138138 EINSTATEMENT OF MEMBERS OF THE ARMED 20
139139 F
140140 ORCESINVOLUNTARILYSEPARATED FORREFUSINGTO 21
141141 R
142142 ECEIVE AVACCINATIONAGAINSTCOVID–19.— 22
143143 (1) R
144144 EINSTATEMENT.—At the request of a cov-23
145145 ered individual, the Secretary concerned shall— 24
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149149 (A) reinstate the covered individual as a 1
150150 member of the Armed Force concerned, in the 2
151151 same rank and grade the covered individual 3
152152 held at the time of separation from the Armed 4
153153 Force concerned; and 5
154154 (B) expunge from the military service 6
155155 record of the covered individual any reference to 7
156156 adverse action against the covered individual 8
157157 solely on the basis of the refusal of the covered 9
158158 individual to receive a vaccination against 10
159159 COVID–19. 11
160160 (2) D
161161 EFINITIONS.—In this section: 12
162162 (A) The term ‘‘adverse action’’ includes in-13
163163 voluntary separation, demotion, and discipline. 14
164164 (B) The term ‘‘covered individual’’ means 15
165165 an individual who was involuntarily separated 16
166166 from an Armed Force solely on the basis of the 17
167167 refusal of such individual to receive a vaccina-18
168168 tion against COVID–19. 19
169169 (C) The term ‘‘Secretary concerned’’ has 20
170170 the meaning given such term in section 101 of 21
171171 title 10, United States Code. 22
172172 (b) R
173173 EINSTATEMENT OF FEDERALEMPLOYEESIN-23
174174 VOLUNTARILYSEPARATED FOR REFUSINGTORECEIVE 24
175175 COVID–19 V
176176 ACCINE.— 25
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180180 (1) IN GENERAL.—Any individual removed from 1
181181 the civil service (as that term is defined in section 2
182182 2101 of title 5, United States Code) solely on the 3
183183 basis of the refusal of the individual to receive a vac-4
184184 cination against COVID–19 may, at the discretion 5
185185 of the individual, be reinstated to a civil service posi-6
186186 tion at the same grade or level, and same rate of 7
187187 pay, as the position from which the individual was 8
188188 so removed. 9
189189 (2) O
190190 THER MATTERS.—Any notation of an ad-10
191191 verse action with respect to such removal in the per-11
192192 sonnel record file of such an individual shall be re-12
193193 moved. 13
194194 (c) U
195195 NLAWFULEMPLOYMENT PRACTICEUNDER 14
196196 T
197197 ITLEVII OF THECIVILRIGHTSACT OF1964 FORFAIL-15
198198 URETORECEIVE AVACCINATIONAGAINSTCOVID–19.— 16
199199 For purposes of section 703 of title VII of the Civil Rights 17
200200 Act of 1964 (42 U.S.C. 2003–2), it shall be an unlawful 18
201201 employment practice for an employer— 19
202202 (1) to fail or refuse to hire or to discharge any 20
203203 individual, or otherwise to discriminate against any 21
204204 individual with respect to his compensation, terms, 22
205205 conditions, or privileges of employment, based on 23
206206 such individual’s failure to receive a vaccination 24
207207 against COVID–19; or 25
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211211 (2) to limit, segregate, or classify his employees 1
212212 or applicants for employment in any way which 2
213213 would deprive or tend to deprive any individual of 3
214214 employment opportunities or otherwise adversely af-4
215215 fect his status as an employee, based on such indi-5
216216 vidual’s failure to receive a vaccination against 6
217217 COVID–19. 7
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