Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB181 Compare Versions

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Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 181
5	5	To protect individual liberty, ensure privacy, and prohibit discrimination with
6	6	respect to the vaccination status of individuals, and for other purposes.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	JANUARY31, 2023
9	9	Mr. C
10	10	RUZintroduced the following bill; which was read twice and referred to
11	11	the Committee on Health, Education, Labor, and Pensions
12	12	A BILL
13	13	To protect individual liberty, ensure privacy, and prohibit
14	14	discrimination with respect to the vaccination status of
15	15	individuals, and for other purposes.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
19	19	(a) S
20	20	HORTTITLE.—This Act may be cited as the 4
21	21	‘‘No Vaccine Passports Act’’. 5
22	22	(b) T
23	23	ABLE OFCONTENTS.—The table of contents for 6
24	24	this Act is as follows: 7
25	25	Sec. 1. Short title; table of contents.
26	26	Sec. 2. Findings.
27	27	Sec. 3. Severability.
28	28	TITLE I—GENERAL PROVISIONS
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32	32	Subtitle A—Health Information Privacy Protections
33	33	Sec. 101. Prohibition on establishment of Federal vaccine passports and track-
34	34	ing of individuals.
35	35	Sec. 102. Vaccine status protections under HIPAA privacy regulations.
36	36	Subtitle B—Consent to Vaccination
37	37	Sec. 111. Vaccinations.
38	38	TITLE II—PROHIBITION OF DISCRIMINATION BASED ON
39	39	VACCINATION STATUS
40	40	Subtitle A—Nondiscrimination in Employment
41	41	Sec. 201. Definitions.
42	42	Sec. 202. Discrimination prohibited.
43	43	Sec. 203. Defenses.
44	44	Sec. 204. Remedies and enforcement.
45	45	Subtitle B—Nondiscrimination in Public Accommodation
46	46	Sec. 211. Definitions.
47	47	Sec. 212. Prohibition of discrimination by places of public accommodation.
48	48	Sec. 213. Prohibition of discrimination in specified public transportation serv-
49	49	ices provided by private entities.
50	50	Sec. 214. Exemptions for private clubs and religious organizations.
51	51	Sec. 215. Enforcement.
52	52	Sec. 216. Effective date.
53	53	Subtitle C—Nondiscrimination by a Public Entity and Access to Federal
54	54	Services
55	55	Sec. 221. Nondiscrimination by a public entity.
56	56	Sec. 222. Access to Federal services.
57	57	SEC. 2. FINDINGS.
58	58	1
59	59	Congress finds as follows: 2
60	60	(1) In December 2019, reports began circu-3
61	61	lating that hospitals in Wuhan, China, were seeing 4
62	62	cases of a pneumonia-like respiratory illness of un-5
63	63	known origins. 6
64	64	(2) On December 31, 2019, an automated 7
65	65	translation of a Chinese media report about a novel 8
66	66	respiratory outbreak was posted to ProMED, one of 9
67	67	the largest public emerging disease and outbreak re-10
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71	71	porting systems used to promote communication 1
72	72	among infectious disease specialists, including sci-2
73	73	entists, physicians, veterinarians, epidemiologists, 3
74	74	and public health professionals. 4
75	75	(3) The ProMED posting prompted the World 5
76	76	Health Organization (referred to in this section as 6
77	77	‘‘WHO’’) to instruct its China Country Office to re-7
78	78	quest verification of the outbreak from the com-8
79	79	munist government of the People’s Republic of 9
80	80	China. 10
81	81	(4) In response to the WHO-prompted inquiry, 11
82	82	the Wuhan Municipal Health Commission issued its 12
83	83	first public statement on the outbreak, saying it had 13
84	84	identified 27 cases. 14
85	85	(5) On January 3, 2020, in what is clear con-15
86	86	duct by the Chinese government to cover up the ori-16
87	87	gins and dangers posed by the outbreak, Dr. Li 17
88	88	Wenliang, a physician at Wuhan Central Hospital, 18
89	89	was reprimanded by local police in the Public Secu-19
90	90	rity Bureau for spreading allegedly ‘‘false state-20
91	91	ments’’ about the outbreak online. 21
92	92	(6) On January 3, 2020, the Chinese Center for 22
93	93	Disease Control and Prevention (referred to in this 23
94	94	section as ‘‘China CDC’’) Director-General Gao Fu 24
95	95	told the United States Centers for Disease Control 25
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99	99	and Prevention (referred to in this section as 1
100	100	‘‘United States CDC’’) Director Robert Redfield 2
101	101	about a pneumonia outbreak in Wuhan, Hubei Prov-3
102	102	ince, China. 4
103	103	(7) On January 6, 2020, the Secretary of 5
104	104	Health and Human Services, Alex M. Azar II, and 6
105	105	the United States CDC Director Redfield offered to 7
106	106	send United States CDC experts to China and the 8
107	107	United States CDC issued a ‘‘Watch Level 1 Alert’’ 9
108	108	for Wuhan, meaning that the United States CDC 10
109	109	recognized a heightened risk for travelers, cautioning 11
110	110	travelers to use health precautions when traveling to 12
111	111	areas in China. 13
112	112	(8) On January 11, 2020, a team led by Pro-14
113	113	fessor Yong-Zhen Zhang of Fudan University in 15
114	114	Shanghai posted the genetic sequence of the novel 16
115	115	virus on an open-access platform, sharing it with the 17
116	116	world. 18
117	117	(9) On January 14, 2020, the WHO tweeted, 19
118	118	‘‘Preliminary investigations conducted by the Chi-20
119	119	nese authorities have found no clear evidence of 21
120	120	human-to-human transmission of the novel 22
121	121	coronavirus (2019–nCoV) identified in Wuhan, 23
122	122	China’’. The WHO’s assertion has been proven false 24
123	123	and completely contrary to medical science given 25
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127	127	that there have been nearly 163,000,000 cases of in-1
128	128	fection worldwide, resulting in more than 3,380,000 2
129	129	deaths. 3
130	130	(10) On January 20, 2020, China confirmed 4
131	131	person-to-person transmission of the novel 5
132	132	coronavirus and infections among medical workers. 6
133	133	(11) On January 21, 2020, the United States 7
134	134	CDC announced the first COVID–19 case in the 8
135	135	United States. 9
136	136	(12) On January 30, 2020, WHO Director- 10
137	137	General Tedros declared the epidemic a Public 11
138	138	Health Emergency of International Concern, and 12
139	139	President Donald J. Trump announced the forma-13
140	140	tion of the President’s Coronavirus Task Force. In 14
141	141	a statement from the WHO regarding the second 15
142	142	meeting of its International Health Regulations 16
143	143	(2005) Emergency Committee regarding the out-17
144	144	break of novel coronavirus (2019–nCoV), the Com-18
145	145	mittee specifically did ‘‘not recommend any travel or 19
146	146	trade restriction based on the current information 20
147	147	available’’. 21
148	148	(13) On January 31 2020, President Trump 22
149	149	suspended entry into the United States of most for-23
150	150	eigners who were physically present in mainland 24
151	151	China during the preceding 14-day period, effective 25
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155	155	February 2, 2020, and Secretary Azar declared a 1
156	156	public health emergency for the United States to aid 2
157	157	response to the novel coronavirus. 3
158	158	(14) On February 1, 2020, then-Presidential 4
159	159	candidate Joe Biden recklessly downplayed the risk 5
160	160	of the virus, suggesting in a tweet that President 6
161	161	Trump’s efforts to limit the spread of the virus were 7
162	162	nothing more than ‘‘hysteria, xenophobia, and fear- 8
163	163	mongering’’. 9
164	164	(15) Numerous individuals criticized these trav-10
165	165	el restrictions. When asked ‘‘if you had to, would 11
166	166	you close down the borders?’’ to stop the spread of 12
167	167	coronavirus, Senator Bernie Sanders said, ‘‘no’’. 13
168	168	When asked about these travel restrictions, Rep-14
169	169	resentative Nancy Pelosi stated, ‘‘actually tens of 15
170	170	thousands of people were allowed in from China, it 16
171	171	wasn’t as it was described as this great moment’’. 17
172	172	WHO Director-General Tedros Adhanom 18
173	173	Ghebreyesus was reported to say that widespread 19
174	174	travel bans and restrictions were not needed to stop 20
175	175	the outbreak and could ‘‘have the effect of increas-21
176	176	ing fear and stigma, with little public health ben-22
177	177	efit’’. Reportedly, Representative Ami Bera stated 23
178	178	that the travel ban ‘‘probably doesn’t make sense’’ 24
179	179	since the outbreak had already spread to several 25
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183	183	other countries, that such measures were causing an 1
184	184	antagonistic relationship with the Chinese, and such 2
185	185	mandatory quarantines ‘‘may be overkill’’. 3
186	186	(16) Health experts have since noted that the 4
187	187	early United States restrictions imposed on travelers 5
188	188	from China saved American lives. Former United 6
189	189	States CDC director Dr. Tom Frieden noted that 7
190	190	‘‘the travel ban with China made a difference. . . It 8
191	191	resulted in a significant delay in the number of peo-9
192	192	ple coming in with infection and because of that, 10
193	193	that bought time in the U.S. to better prepare.’’. 11
194	194	(17) On February 26, 2020, the United States 12
195	195	CDC confirmed a case of COVID–19 in California 13
196	196	in a person who reportedly did not have relevant 14
197	197	travel history or exposure to another known patient 15
198	198	with COVID–19. 16
199	199	(18) On February 29, 2020, the United States 17
200	200	CDC reported the first COVID–19 death in United 18
201	201	States, though later public reports indicated that the 19
202	202	first death from COVID–19 may have been weeks 20
203	203	earlier. 21
204	204	(19) In a 60 Minutes interview posted on 22
205	205	March 8, 2020, Dr. Anthony Fauci stated that 23
206	206	‘‘right now in the United States, people should not 24
207	207	be walking around with masks . . . there’s no rea-25
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211	211	son to be walking around with a mask. When you’re 1
212	212	in the middle of an outbreak wearing a mask might 2
213	213	make people feel a little bit better, and it might even 3
214	214	block a droplet, but it’s not providing the perfect 4
215	215	protection that people think that it is. And often, 5
216	216	there are unintended consequences, people keep fid-6
217	217	dling with the masks, and they keep touching their 7
218	218	face. . . But, when you think masks, you should 8
219	219	think of healthcare providers needing them and peo-9
220	220	ple who are ill. The people who, when you look at 10
221	221	the films of foreign countries and you see 85 percent 11
222	222	of the people wearing masks, that’s fine. That’s fine. 12
223	223	I’m not against it. If you want to do it, that’s fine 13
224	224	. . . It could lead to a shortage of masks for the 14
225	225	people who really need it.’’. 15
226	226	(20) On May 15, 2020, the Trump administra-16
227	227	tion announced the establishment of Operation Warp 17
228	228	Speed, a public-private partnership to expedite the 18
229	229	timeline for development, large-scale manufacturing, 19
230	230	and delivery of a safe and effective COVID–19 vac-20
231	231	cine to the American public. The initial goal of the 21
232	232	project was to develop at least 1 vaccine and begin 22
233	233	administering it to Americans before the end of 23
234	234	2020. As reported on BioCentury, Dr. Anthony 24
235	235	Fauci noted that the fastest a vaccine might be 25
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239	239	ready for use in an emergency would be 1 year, al-1
240	240	though the process could take up to 2 years. Before 2
241	241	the Senate on March 3, 2020, Dr. Fauci stated that 3
242	242	the process would likely take at least 1 to 1
243	243	1
244	244	∕2years 4
245	245	to have a vaccine that could be administered to 5
246	246	American persons. Some, such as the analytics firm 6
247	247	Clarivate, concluded that it might take at least 5 7
248	248	years for the leading vaccine candidates, like 8
249	249	Moderna, to complete the development process 9
250	250	through full regulatory approval. 10
251	251	(21) Operation Warp Speed and other govern-11
252	252	ment actions sped COVID–19 vaccine development 12
253	253	by enabling typical vaccine development steps to be 13
254	254	taken simultaneously with manufacturing and dis-14
255	255	tribution planning. As part of these actions, the 15
256	256	Federal Government made investments in critical 16
257	257	manufacturing capacity, giving pharmaceutical com-17
258	258	panies confidence that if they invested in developing 18
259	259	a vaccine, once the vaccine received authorization 19
260	260	from the Food and Drug Administration, these com-20
261	261	panies would be able to immediately begin distrib-21
262	262	uting the vaccine. 22
263	263	(22) On July 14, 2020, the United States CDC 23
264	264	issued stronger recommendations to wear masks as 24
265	265	a strategy for preventing the spread of COVID–19. 25
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269	269	United States CDC Director Robert Redfield, in a 1
270	270	news release from the agency, identified masks as 2
271	271	‘‘one of the most powerful weapons we have to slow 3
272	272	and stop the spread of the virus’’. 4
273	273	(23) On December 11, 2020, the Food and 5
274	274	Drug Administration issued the first emergency use 6
275	275	authorization (referred to in this section as ‘‘EUA’’) 7
276	276	for a vaccine for the prevention of COVID–19 in in-8
277	277	dividuals 16 years of age and older. The EUA al-9
278	278	lowed the Pfizer-BioNTech COVID–19 Vaccine to be 10
279	279	distributed in the United States. 11
280	280	(24) By June 2022, subsequent modifications 12
281	281	to the EUA by the Food and Drug Administration 13
282	282	expanded the Pfizer-BioNTech COVID–19 vaccine 14
283	283	application to include eligibility for individuals from 15
284	284	6 months of age and older. 16
285	285	(25) On December 18, 2020, the Food and 17
286	286	Drug Administration issued an EUA for the second 18
287	287	vaccine for the prevention of COVID–19 in individ-19
288	288	uals 16 years of age and older. The EUA allowed 20
289	289	the Moderna COVID–19 Vaccine to be distributed in 21
290	290	the United States for use in individuals 18 years of 22
291	291	age and older. 23
292	292	(26) By June 2022, subsequent modifications 24
293	293	to the EUA by the Food and Drug Administration 25
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297	297	expanded the Moderna COVID–19 vaccine to include 1
298	298	eligibility for individuals from 6 months of age and 2
299	299	above. 3
300	300	(27) On February 27, 2021, the Food and 4
301	301	Drug Administration issued an EUA for the third 5
302	302	vaccine for the prevention of COVID–19. The EUA 6
303	303	allowed the Janssen COVID–19 vaccine to be dis-7
304	304	tributed in the United States for use in individuals 8
305	305	18 years of age and older. 9
306	306	(28) On July 13, 2022, the Food and Drug Ad-10
307	307	ministration issued an EUA for the fourth vaccine 11
308	308	for the prevention of COVID–19 in individuals 18 12
309	309	and older. The EUA was further expanded to in-13
310	310	clude individuals 12 years of age and older. The 14
311	311	EUA allowed the Novavax COVID–19 Vaccine, 15
312	312	Adjuvanted to be distributed in the United States 16
313	313	for use in individuals 12 years and older. 17
314	314	(29) On August 23, 2021, the Food and Drug 18
315	315	Administration approved the first COVID–19 vac-19
316	316	cine, Pfizer-BioNTech’s Comirnaty (COVID–19 vac-20
317	317	cine, mRNA) for individuals 16 years of age and 21
318	318	older. 22
319	319	(30) On January 31, 2022, the Food and Drug 23
320	320	Administration approved the second COVID–19 vac-24
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324	324	cine. The Moderna COVID–19 vaccine ‘‘Spikevax’’ is 1
325	325	approved for individuals 18 years of age and older. 2
326	326	(31) Because of this public-private partnership 3
327	327	and the funding and support from Congress, mul-4
328	328	tiple COVID–19 vaccines have been developed and 5
329	329	manufactured and as of January 19, 2023, approxi-6
330	330	mately 667,815,331 vaccine doses had been adminis-7
331	331	tered in the United States. 8
332	332	(32) Despite the successful development, roll-9
333	333	out, and uptake of the COVID–19 vaccines, it is 10
334	334	now known that the vaccines do not fully prevent in-11
335	335	fection from the SARS–CoV–2 virus. 12
336	336	(33) The emergence of variants of SARS–CoV– 13
337	337	2 has resulted in the development of new COVID– 14
338	338	19 vaccines and booster shots. 15
339	339	(34) According to the Food and Drug Adminis-16
340	340	tration fact sheets on COVID–19 vaccines, there are 17
341	341	certain populations for whom existing COVID–19 18
342	342	vaccines are not indicated or authorized or for whom 19
343	343	there is insufficient data to inform vaccine-related 20
344	344	risks including— 21
345	345	(A) people who have had a severe allergic 22
346	346	reaction to a previous dose of one of the vac-23
347	347	cines or has a severe allergy to any of the vac-24
348	348	cine components; and 25
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352	352	(B) people with certain pre-existing condi-1
353	353	tions such as bleeding disorders and women 2
354	354	who are pregnant, trying to get pregnant, or 3
355	355	breastfeeding. 4
356	356	(35) Because of potential risks that the vaccine 5
357	357	poses to certain people, it is important that every 6
358	358	patient is able to consult his or her doctor to deter-7
359	359	mine whether one of the COVID–19 vaccines and 8
360	360	booster shots is appropriate for that patient. 9
361	361	(36) Consistent with fundamental human 10
362	362	rights, and medical and legal ethics and proper 11
363	363	standards of medical care, every American has the 12
364	364	right to ‘‘informed consent’’ with respect to medical 13
365	365	treatment, meaning that he or she has a right to be 14
366	366	fully informed about the nature of his or her health 15
367	367	care and to participate in and voluntarily make deci-16
368	368	sions related to his or her care. In addition, every 17
369	369	patient has a right to medical privacy to expect that 18
370	370	the decisions and nature of care will be kept con-19
371	371	fidential by his or her health care provider and any-20
372	372	one who has access to the individual’s medical 21
373	373	records, including vaccination records. 22
374	374	(37) At various times in history, governments 23
375	375	and medical professionals have violated these and 24
376	376	other inherent rights, including by coercing patients, 25
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380	380	failing to properly inform patients of, or even inten-1
381	381	tionally being deceptive with patients about, their 2
382	382	rights and the risks inherent with various medical 3
383	383	procedures, experiments, and studies, including the 4
384	384	Tuskegee syphilis experiments, forced sterilization, 5
385	385	lobotomy procedures, electro-shock therapy, certain 6
386	386	psychological studies, collection and utilization of in-7
387	387	dividuals’ cells and parts of their body, or from fetal 8
388	388	tissue of a patient’s offspring, without knowledge or 9
389	389	consent, and eugenics laws. 10
390	390	(38) The absence of informed consent not only 11
391	391	constitutes a violation of medical ethics and stand-12
392	392	ards of care, in some cases, treatment may also con-13
393	393	stitute a crime, such as battery. 14
394	394	(39) Criminal battery stemming from violations 15
395	395	of medical ethics and informed consent standards 16
396	396	have led to a significant degree of distrust of the 17
397	397	government, public health officials, and medical pro-18
398	398	fessionals by certain groups and communities includ-19
399	399	ing among the most vulnerable populations such as 20
400	400	ethnic minorities, immigrants, economically dis-21
401	401	advantaged, unmarried mothers, people with disabil-22
402	402	ities, and individuals with mental illnesses. 23
403	403	(40) On March 19, 2021, the WHO released 24
404	404	draft recommendations for a smart vaccine certifi-25
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408	408	cate in what amounts to a form of a ‘‘vaccine pass-1
409	409	port’’ that would, per WHO’s ‘‘Smart Vaccination 2
410	410	Certificate Working Group’’, ‘‘support COVID–19 3
411	411	vaccine delivery and monitoring’’ and to serve ‘‘cur-4
412	412	rent and future requirements, toward the dual pur-5
413	413	poses of (1) supporting continuity of care; and (2) 6
414	414	cross-border uses’’. 7
415	415	(41) In July 2021, the European Commission 8
416	416	adopted the EU Digital COVID Certificate 9
417	417	(EUDCC), a COVID–19 vaccine passport. 10
418	418	(42) In April 2021, the State of New York 11
419	419	launched the first COVID–19 vaccine passport in 12
420	420	the United States, known as the Excelsior Pass. 13
421	421	(43) The White House, while saying the 14
422	422	COVID–19 Task Force would not create a vaccine 15
423	423	passport, engaged in a multi-agency coordination ef-16
424	424	fort led by the Office of the National Coordinator 17
425	425	for Health Information Technology to develop cri-18
426	426	teria and principles for a vaccine passport created by 19
427	427	the private sector. 20
428	428	(44) During a March 2, 2021, virtual meeting 21
429	429	lead by the Federal Health IT Coordinating Council 22
430	430	on behalf of the Biden Administration, a slide pres-23
431	431	entation included the following: ‘‘Proof of individual 24
432	432	COVID-related health status is likely to be an im-25
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436	436	portant component of pandemic response, proof of 1
437	437	immunization will likely become a major, if not the 2
438	438	primary, form of health status validation,’’ and a 3
439	439	‘‘unified Federal approach [is] required to ensure 4
440	440	Federal activities are working toward the same com-5
441	441	mon goals for vaccine [passports].’’ Additionally, the 6
442	442	presentation suggested the Biden Administration ex-7
443	443	pects that ‘‘Federal entities’’ would ‘‘likely require 8
444	444	vaccine verification for a variety of purposes’’ and 9
445	445	that the ‘‘Federal government will inevitably be in-10
446	446	volved with vaccine credential solutions. . . .’’. 11
447	447	(45) Despite previous reassurances to not pur-12
448	448	sue COVID–19 vaccine mandates or passports, the 13
449	449	Biden Administration has issued a number of vac-14
450	450	cine mandates on millions of Americans through ex-15
451	451	ecutive orders, memoranda, and Federal rulemaking. 16
452	452	(A) On August 24, 2021, the Secretary of 17
453	453	Defense issued a memorandum requiring all 18
454	454	Department of Defense Service Members to be 19
455	455	vaccinated against COVID–19 as a condition of 20
456	456	remaining in the service. 21
457	457	(B) On September 9, 2021, the Biden Ad-22
458	458	ministration issued an executive order man-23
459	459	dating all employees of Federal contractors be 24
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462	462	•S 181 IS
463	463	vaccinated against COVID–19 as a condition of 1
464	464	employment. 2
465	465	(C) On September 14, 2021, the Biden 3
466	466	Administration issued an executive order man-4
467	467	dating all Federal employees be vaccinated 5
468	468	against COVID–19 as a condition of employ-6
469	469	ment. 7
470	470	(D) On November 4, 2021, the Centers for 8
471	471	Medicare & Medicaid Services issued an interim 9
472	472	final rule requiring employees of Medicare and 10
473	473	Medicaid certified providers and suppliers be 11
474	474	vaccinated against COVID–19 as a condition of 12
475	475	employment. 13
476	476	(E) On November 4, 2021, the Occupa-14
477	477	tional Safety and Health Administration issued 15
478	478	an emergency temporary standard requiring 16
479	479	private employers with 100 or more employees 17
480	480	to either require employees to receive a 18
481	481	COVID–19 vaccine or to require employees to 19
482	482	provide regular proof of a negative COVID–19 20
483	483	test. 21
484	484	(46) A number of cities in the United States 22
485	485	implemented vaccine passports requiring individuals 23
486	486	to show proof of vaccination to enter various estab-24
487	487	lishments. 25
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490	490	•S 181 IS
491	491	(A) On August 16, 2021, the city of New 1
492	492	Orleans implemented the requirement of a 2
493	493	COVID–19 vaccine or a negative test in order 3
494	494	to enter indoor establishments and venues. 4
495	495	(B) On August 20, 2021, the city of San 5
496	496	Francisco began to require proof of vaccination 6
497	497	against COVID–19 in order to enter indoor es-7
498	498	tablishments and venues. 8
499	499	(C) On September 13, 2021, the city of 9
500	500	New York began to require its Excelsior Pass 10
501	501	or Key-to-NYC COVID–19 vaccine passport in 11
502	502	order to enter indoor establishments and 12
503	503	venues. 13
504	504	(D) On October 1, 2021, the city of Los 14
505	505	Angeles began to require proof of a COVID–19 15
506	506	vaccine in order to enter indoor establishments 16
507	507	and venues. 17
508	508	(E) On October 25, 2021, the city of Se-18
509	509	attle began to require proof of vaccination 19
510	510	against COVID–19 or a negative test in order 20
511	511	to enter indoor establishments and venues. 21
512	512	(F) In January 2022, the cities of Boston, 22
513	513	Chicago, Philadelphia, Minneapolis, and St. 23
514	514	Paul began to require proof of a COVID–19 24
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517	517	•S 181 IS
518	518	vaccine in order to enter indoor establishments 1
519	519	and venues. 2
520	520	(G) On February 15, 2022, Washington, 3
521	521	DC, began to require proof of vaccination 4
522	522	against COVID–19 in order to enter indoor es-5
523	523	tablishments and venues. 6
524	524	(47) Throughout 2021 and 2022, a large num-7
525	525	ber of private employers imposed a COVID–19 vac-8
526	526	cine mandate on employees as a condition of employ-9
527	527	ment. This has resulted in widespread discrimination 10
528	528	based on vaccination status and loss of employment 11
529	529	and employment opportunities. 12
530	530	(48) The development, implementation, and uti-13
531	531	lization of vaccine passports, whether by Federal or 14
532	532	State government, or the private sector, has led to 15
533	533	significant misuse, abuse, and discrimination against 16
534	534	the people of the United States. The use of such 17
535	535	passports led to the denial of constitutionally pro-18
536	536	tected freedoms, such as freedom of association and 19
537	537	freedom of movement and allowed the government 20
538	538	and corporations to track people’s health status on 21
539	539	a large-scale basis. 22
540	540	(49) The widespread utilization of vaccine pass-23
541	541	ports has led to discrimination by businesses that 24
542	542	provide public accommodations requiring a customer 25
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545	545	•S 181 IS
546	546	to demonstrate his or her health status, through the 1
547	547	presentment of a vaccine passport or other ‘‘papers’’ 2
548	548	or by requiring that the customer disclose his or her 3
549	549	protected health information, before the business 4
550	550	agrees to serve or otherwise do business with such 5
551	551	individual, meaning the denial of service in such 6
552	552	cases could be based on an individual’s disability, 7
553	553	health status, or familial status. 8
554	554	(50) Despite the use of vaccine passports and 9
555	555	vaccine mandates leading to a clear violation of con-10
556	556	stitutional rights, there currently exists no clear reg-11
557	557	ulatory framework to fully protect the privacy of 12
558	558	United States citizens and United States nationals 13
559	559	with respect to their vaccination records and nega-14
560	560	tive COVID–19 test results. 15
561	561	(51) The widespread acceptance and implemen-16
562	562	tation of vaccine passports has also led to employ-17
563	563	ment discrimination, where employers have taken 18
564	564	adverse employment actions against employees who 19
565	565	are not vaccinated because of an underlying health 20
566	566	condition and without regard to the Americans with 21
567	567	Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 22
568	568	which requires an interactive process whereby the 23
569	569	employer follows the law to assess if the employee 24
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572	572	•S 181 IS
573	573	can and should be reasonably accommodated under 1
574	574	such Act. 2
575	575	(52) Given that COVID–19 vaccines do not pre-3
576	576	vent the transmission of the SARS–CoV–2 virus, the 4
577	577	implementation and widespread utilization of vaccine 5
578	578	passports has led and will lead to the refusal to pro-6
579	579	vide services to unvaccinated persons. 7
580	580	(53) The denial of public services and public ac-8
581	581	commodations, as well as adverse employment ac-9
582	582	tions, based on COVID–19 vaccination status, lack 10
583	583	of or refusal to present a vaccine passport, refusal 11
584	584	to get vaccinated, or requiring an individual to ex-12
585	585	plain the underlying reason why they are not vac-13
586	586	cinated, could constitute unlawful discrimination, in-14
587	587	cluding as to sex, age, familial status, disability, or 15
588	588	based on genetic or other health condition. 16
589	589	(54) Any United States person that requests 17
590	590	the vaccine records of a United States individual, in-18
591	591	cluding data such as a copy or other digital record 19
592	592	of a vaccine passport or similar proof of vaccination, 20
593	593	should be regarded as having collected ‘‘protected 21
594	594	health information’’ and should be regarded as a 22
595	595	‘‘covered entity’’ as defined in the privacy regula-23
596	596	tions promulgated under section 264(c) of the 24
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599	599	•S 181 IS
600	600	Health Insurance Portability and Accountability Act 1
601	601	of 1996 (42 U.S.C. 1320d–2 note). 2
602	602	(55) The policy of the United States is to rec-3
603	603	ognize, defend, and protect the inherent rights of the 4
604	604	individual, including the right to privacy, the right 5
605	605	of liberty, the right to be secure in one’s person, the 6
606	606	right of the individual to be informed about any 7
607	607	medical procedures, treatment, or vaccination, and 8
608	608	the right of the individual to provide or withhold 9
609	609	consent to such procedures, treatment, or vaccina-10
610	610	tion. 11
611	611	(56) Congress recognizes that special vigilance 12
612	612	is required, especially in times of crisis or emergency 13
613	613	to ensure that government agencies do not try to 14
614	614	take advantage of, manipulate, or inflame public 15
615	615	fear, stoke hatred of minority groups, or increase in-16
616	616	tolerance toward the diversity that builds our Na-17
617	617	tion. 18
618	618	(57) Congress finds that there is a clear need 19
619	619	for the Federal Government to take specific action 20
620	620	to restore public trust by protecting the privacy and 21
621	621	voluntary informed consent rights of patients specifi-22
622	622	cally regarding vaccinations and an individual’s vac-23
623	623	cination records. 24
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626	626	•S 181 IS
627	627	(58) Furthermore, the protection of such indi-1
628	628	vidual rights to make one’s own medical decisions in 2
629	629	consultation with his or her health care provider 3
630	630	without fear of coercion, forced vaccination, loss of 4
631	631	civil liberties, or risk of adverse employment action 5
632	632	is especially needed at a time when it is critical for 6
633	633	our Nation to increase public trust in vaccinations 7
634	634	and increase vaccination rates in order to end the 8
635	635	COVID–19 pandemic. 9
636	636	SEC. 3. SEVERABILITY. 10
637	637	(a) I
638	638	NGENERAL.—If any provision of this Act, or 11
639	639	an amendment made by this Act, or the application of any 12
640	640	such provision or amendment to any person or cir-13
641	641	cumstance is declared invalid or unconstitutional, the re-14
642	642	mainder of this Act, including any amendment made by 15
643	643	this Act, and the application of such provisions and 16
644	644	amendments to any person or circumstance shall not be 17
645	645	affected. 18
646	646	(b) E
647	647	FFECT OFPARTIALINVALIDATION, REPEAL, OR 19
648	648	A
649	649	MENDMENT.—The invalidation, repeal, or amendment of 20
650	650	any part of this Act, or amendment made by this Act, 21
651	651	does not release or extinguish any penalty, forfeiture, or 22
652	652	liability incurred or right accruing or accrued under this 23
653	653	Act (or amendment), unless the invalidation, repeal, or 24
654	654	amendment so provides expressly. This Act, and amend-25
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657	657	•S 181 IS
658	658	ments made by this Act, shall be treated as remaining in 1
659	659	force for the purpose of sustaining any proper action or 2
660	660	prosecution for the enforcement of the right, penalty, for-3
661	661	feiture, or liability pursuant to the previous sentence. 4
662	662	TITLE I—GENERAL PROVISIONS 5
663	663	Subtitle A—Health Information 6
664	664	Privacy Protections 7
665	665	SEC. 101. PROHIBITION ON ESTABLISHMENT OF FEDERAL 8
666	666	VACCINE PASSPORTS AND TRACKING OF IN-9
667	667	DIVIDUALS. 10
668	668	(a) I
669	669	NGENERAL.—No Federal funds may be used 11
670	670	to create, establish or collaborate in the establishment of 12
671	671	any Federal, State, private, or international vaccine pass-13
672	672	port system, vaccine tracking database, or similar system 14
673	673	or in the creation or adoption of any related guidelines 15
674	674	or standards, under which Federal, State, or international 16
675	675	government agencies or private companies would be able 17
676	676	to monitor or track individuals who have been vaccinated 18
677	677	against COVID–19, or which could otherwise be used to 19
678	678	limit the freedom of movement or the freedom of associa-20
679	679	tion of individuals based on their COVID–19 vaccination 21
680	680	status. 22
681	681	(b) P
682	682	ERSONALPRIVACY.—To the extent any Federal 23
683	683	department or agency has received, obtained, collected, ag-24
684	684	gregated, stored, or is otherwise in possession of any data 25
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687	687	•S 181 IS
688	688	or records from officials, including public health officials, 1
689	689	in any State, the District of Columbia, or any territory, 2
690	690	or any third party who administered or has information 3
691	691	related to the administration of any COVID–19 vaccina-4
692	692	tions, including health care providers and insurers, such 5
693	693	data and records about any individuals’ vaccination status 6
694	694	shall be destroyed by the Federal department or agency 7
695	695	and, if in digital form, that data record shall be deleted 8
696	696	in its entirety within 30 days of the enactment of this Act. 9
697	697	(c) R
698	698	EPORTING.—For any Federal department or 10
699	699	agency that has received and subsequently destroyed 11
700	700	COVID–19 data or records as required by this section, 12
701	701	the head of such agency shall, not later than 15 days after 13
702	702	such data or records have been destroyed, submit a sworn 14
703	703	affidavit, subject to penalty of perjury, to Congress con-15
704	704	firming that he or she has personally assured such data 16
705	705	or records have been destroyed. 17
706	706	(d) C
707	707	RIMINALPENALTIES.—Any person who know-18
708	708	ingly makes or is responsible for the inclusion of a state-19
709	709	ment or representation in an affidavit under subsection 20
710	710	(c) that is materially false, fictitious, or fraudulent shall 21
711	711	be fined not more than $10,000, imprisoned not more 22
712	712	than 1 year, or both. 23
713	713	(e) P
714	714	ROHIBITION ONFEDERALISSUANCE ORVAC-24
715	715	CINEPASSPORT ORSIMILARDOCUMENTATION AND PRO-25
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718	718	•S 181 IS
719	719	HIBITION ONVACCINATIONREQUIREMENT TOENTER 1
720	720	F
721	721	EDERALPROPERTY ORSERVICES.— 2
722	722	(1) I
723	723	N GENERAL.—No Federal department or 3
724	724	agency may issue a vaccine passport, vaccine pass, 4
725	725	or other standardized documentation for the purpose 5
726	726	of certifying the COVID–19 vaccination status of a 6
727	727	citizen of the United States to a third party, or oth-7
728	728	erwise publish or share any COVID–19 vaccination 8
729	729	record of a citizen of the United States, or similar 9
730	730	health information. 10
731	731	(2) A
732	732	CCESS TO FEDERAL PROPERTY AND SERV -11
733	733	ICES.—Proof of COVID–19 vaccination shall not be 12
734	734	deemed a requirement for access to Federal property 13
735	735	or Federal services, or for access to congressional 14
736	736	grounds or services. 15
737	737	(f) E
738	738	XCEPTIONS.— 16
739	739	(1) D
740	740	EIDENTIFIED OR ANONYMIZED INFORMA -17
741	741	TION FOR CERTAIN PURPOSES .—The prohibition de-18
742	742	scribed in subsection (a) shall not apply to the ag-19
743	743	gregation and sharing of information that has been 20
744	744	deidentified or anonymized if such information is 21
745	745	used for purposes of Federal, State, or local public 22
746	746	health reporting or academic studies, provided that 23
747	747	the recipient of such information does not have the 24
748	748	capability to reconstruct the data in any way that 25
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751	751	•S 181 IS
752	752	would allow for the determination of the vaccination 1
753	753	status of any individual. 2
754	754	(2) L
755	755	IMITED USE OF INFORMATION WITH RE -3
756	756	SPECT TO FEDERAL EMPLOYEES .—The prohibition 4
757	757	described in subsection (a) and the requirement de-5
758	758	scribed in subsection (b) shall not apply to the pos-6
759	759	session by a Federal department or agency of 7
760	760	COVID–19 vaccination data or records pertaining to 8
761	761	any employee of such department or agency where 9
762	762	such data or records will be used solely to determine 10
763	763	if such employee would be eligible to gain admission 11
764	764	to a foreign country during international travel in 12
765	765	furtherance of the employee’s official duties. 13
766	766	SEC. 102. VACCINE STATUS PROTECTIONS UNDER HIPAA 14
767	767	PRIVACY REGULATIONS. 15
768	768	(a) I
769	769	NGENERAL.—The Secretary of Health and 16
770	770	Human Services shall amend the regulations promulgated 17
771	771	under section 264(c) of the Health Insurance Portability 18
772	772	and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) 19
773	773	to establish the following: 20
774	774	(1) Reporting by covered entities to public 21
775	775	health entities of non-anonymized protected health 22
776	776	information related to an individual’s vaccination 23
777	777	status is not permissible, even during public health 24
778	778	emergencies, without express patient consent. 25
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781	781	•S 181 IS
782	782	(2) Any United States person that requests the 1
783	783	vaccine records of a United States individual shall be 2
784	784	deemed to be a covered entity for purposes of such 3
785	785	request. 4
786	786	(3) With respect to any individual who shares 5
787	787	their vaccine status with any covered entity, the cov-6
788	788	ered entity shall comply with any request from such 7
789	789	individual to— 8
790	790	(A) delete all protected health information 9
791	791	that identifies the individual’s vaccination sta-10
792	792	tus, including in relation to any records shared 11
793	793	with the covered entities’ business associates, in 12
794	794	all active and inactive databases; and 13
795	795	(B) provide to such individual written con-14
796	796	firmation of such deletion. 15
797	797	(b) D
798	798	EFINITIONS.—In this section, the terms ‘‘busi-16
799	799	ness associate’’, ‘‘covered entity’’, ‘‘protected health infor-17
800	800	mation’’ have the meanings given such terms in section 18
801	801	160.103 of title 21, Code of Federal Regulations (or any 19
802	802	successor regulations). 20
803	803	Subtitle B—Consent to Vaccination 21
804	804	SEC. 111. VACCINATIONS. 22
805	805	(a) I
806	806	NGENERAL.—Part I of title 18, United States 23
807	807	Code, is amended by inserting after chapter 117 the fol-24
808	808	lowing: 25
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811	811	•S 181 IS
812	812	‘‘CHAPTER 117A—VACCINATIONS 1
813	813	‘‘§ 2431. Vaccinations 2
814	814	‘‘(a) R
815	815	EQUIREMENTS.— 3
816	816	‘‘(1) I
817	817	N GENERAL.—Except as provided in para-4
818	818	graph (2), it shall be unlawful to— 5
819	819	‘‘(A) require any United States person to 6
820	820	receive a vaccine that has only received author-7
821	821	ization by the Food and Drug Administration 8
822	822	through an emergency use authorization pursu-9
823	823	ant to section 564 of the Federal Food, Drug, 10
824	824	and Cosmetic Act (21 U.S.C. 360bbb–3), or 11
825	825	that has received such authorization prior to re-12
826	826	ceiving full approval or licensure under section 13
827	827	505 of the Federal Food, Drug, and Cosmetic 14
828	828	Act (21 U.S.C. 355) or section 351 of the Pub-15
829	829	lic Health Service Act (42 U.S.C. 262); or 16
830	830	‘‘(B) vaccinate with a vaccine that has only 17
831	831	received authorization by the Food and Drug 18
832	832	Administration through such an emergency use 19
833	833	authorization, or that has received such author-20
834	834	ization prior to receiving such full approval or 21
835	835	licensure— 22
836	836	‘‘(i) an individual under the age of 18; 23
837	837	or 24
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840	840	•S 181 IS
841	841	‘‘(ii) an individual that lacks the ca-1
842	842	pacity to exercise the right to consent to be 2
843	843	vaccinated. 3
844	844	‘‘(2) E
845	845	XCEPTIONS.—Paragraph (1) shall not 4
846	846	apply if the individual, or if the individual is a minor 5
847	847	or is otherwise unable to consent, a parent, guard-6
848	848	ian, conservator, or attorney-in-fact of the indi-7
849	849	vidual, provides consent to be vaccinated. 8
850	850	‘‘(3) S
851	851	UNSET.—This subsection is effective be-9
852	852	ginning on the date of enactment of this section and 10
853	853	ending on the date that is 5 years after that date. 11
854	854	‘‘(b) R
855	855	IGHTTOBEINFORMED.—Any person that ad-12
856	856	ministers a vaccine for the coronavirus disease 2019 13
857	857	(COVID–19) shall, consistent with medical ethics and ap-14
858	858	plicable informed consent laws of the State in which the 15
859	859	vaccine is administered and any applicable Federal regula-16
860	860	tions related to informed consent laws, disclose to any in-17
861	861	dividual, before the vaccine is administered, the risks asso-18
862	862	ciated with the vaccine so that the individual can make 19
863	863	an informed decision. 20
864	864	‘‘(c) P
865	865	ROTECTINGPRIVACY.— 21
866	866	‘‘(1) I
867	867	N GENERAL.—Except as provided in sub-22
868	868	paragraph (B), it shall be unlawful for any person 23
869	869	to publicly disclose information about the COVID– 24
870	870	19 vaccination status of an individual without the 25
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873	873	•S 181 IS
874	874	express consent of the individual if the individual 1
875	875	provided the information to the person— 2
876	876	‘‘(A) as an employee in the context of an 3
877	877	employer-employee relationship; 4
878	878	‘‘(B) as an independent contractor where 5
879	879	the vaccination status was provided to the per-6
880	880	son to whom the contractor is providing serv-7
881	881	ices; 8
882	882	‘‘(C) as a consumer in the context of any 9
883	883	consumer transaction; 10
884	884	‘‘(D) as a patient in order to obtain med-11
885	885	ical care or health-related services from any 12
886	886	health care provider; or 13
887	887	‘‘(E) the user of any technology applica-14
888	888	tion, platform, or service. 15
889	889	‘‘(2) R
890	890	EQUIREMENTS.—For purposes of this 16
891	891	subsection, an individual does not provide express 17
892	892	consent to the disclosure of a COVID–19 vaccination 18
893	893	status unless— 19
894	894	‘‘(A) the individual agrees to the cir-20
895	895	cumstances of disclosure in writing; and 21
896	896	‘‘(B) the agreement is not conditioned on 22
897	897	or contained within any other agreement. 23
898	898	‘‘(3) E
899	899	XCEPTION.—Paragraph (1) shall not 24
900	900	apply if the parent or guardian of the individual pro-25
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902	902	pbinns on DSKJLVW7X2PROD with $$_JOB 32
903	903	•S 181 IS
904	904	vides consent to the disclosure described in that sub-1
905	905	paragraph. 2
906	906	‘‘(d) C
907	907	RIMINALPENALTIES.—Whoever knowingly 3
908	908	violates subsection (a) or (c) shall be imprisoned not more 4
909	909	than 1 year, fined in accordance with this title, or both. 5
910	910	‘‘(e) C
911	911	IVILPENALTIES.—Any person who receives the 6
912	912	COVID–19 vaccination status of an individual under cir-7
913	913	cumstances that would create a reasonable expectation of 8
914	914	privacy in that status, including the circumstances listed 9
915	915	in subparagraphs (A) through (E) of subsection (c)(1), 10
916	916	and who either intentionally or negligently discloses that 11
917	917	status to the public without the consent of the individual, 12
918	918	shall be subject to a civil fine not to exceed $25,000 per 13
919	919	disclosure or any actual damages suffered. 14
920	920	‘‘(f) P
921	921	REEMPTION.—This section does not annul, 15
922	922	alter, or affect any law of any State or local government 16
923	923	that provides a greater level of privacy than the provisions 17
924	924	in this section.’’. 18
925	925	(b) T
926	926	ECHNICAL AND CONFORMINGAMENDMENT.— 19
927	927	The table of chapters for part I of title 18, United States 20
928	928	Code, is amended by inserting after the item relating to 21
929	929	section 117 the following: 22
930	930	‘‘117A. Vaccinations.........................................................................2431’’.
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933	933	•S 181 IS
934	934	TITLE II—PROHIBITION OF DIS-1
935	935	CRIMINATION BASED ON VAC-2
936	936	CINATION STATUS 3
937	937	Subtitle A—Nondiscrimination in 4
938	938	Employment 5
939	939	SEC. 201. DEFINITIONS. 6
940	940	In this section: 7
941	941	(1) ADA
942	942	TERMS.—The terms ‘‘direct threat’’ 8
943	943	and ‘‘undue hardship’’ have the meaning given those 9
944	944	terms in section 101 of the Americans with Disabil-10
945	945	ities Act of 1990 (42 U.S.C. 12111). 11
946	946	(2) C
947	947	OVERED ENTITY.—The term ‘‘covered en-12
948	948	tity’’— 13
949	949	(A) has the meaning given the term ‘‘re-14
950	950	spondent’’ in section 701(n) of the Civil Rights 15
951	951	Act of 1964 (42 U.S.C. 2000e(n)); and 16
952	952	(B) includes— 17
953	953	(i) an employer, which means a per-18
954	954	son engaged in industry affecting com-19
955	955	merce who has 15 or more employees as 20
956	956	defined in section 701(b) of title VII of the 21
957	957	Civil Rights Act of 1964 (42 U.S.C. 22
958	958	2000e(b)); and 23
959	959	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
960	960	pbinns on DSKJLVW7X2PROD with $$_JOB 34
961	961	•S 181 IS
962	962	(ii) an entity to which section 717(a) 1
963	963	of the Civil Rights Act of 1964 (42 U.S.C. 2
964	964	2000e–16(a)) applies. 3
965	965	(3) E
966	966	MPLOYEE.—The term ‘‘employee’’ 4
967	967	means— 5
968	968	(A) an employee (including an applicant), 6
969	969	as defined in section 701(f) of the Civil Rights 7
970	970	Act of 1964 (42 U.S.C. 2000e(f)); and 8
971	971	(B) an employee (including an applicant) 9
972	972	to which section 717(a) of the Civil Rights Act 10
973	973	of 1964 (42 U.S.C. 2000e–16(a)) applies. 11
974	974	(4) P
975	975	ERSON; COMMERCE; INDUSTRY AFFECTING 12
976	976	COMMERCE.—The terms ‘‘person’’, ‘‘commerce’’, and 13
977	977	‘‘industry affecting commerce’’ shall have the same 14
978	978	meaning given such terms in section 701 of the Civil 15
979	979	Rights Act of 1964 (42 U.S.C. 2000e). 16
980	980	(5) Q
981	981	UALIFIED EMPLOYEE .—The term ‘‘quali-17
982	982	fied employee’’ means an employee or applicant who, 18
983	983	with or without reasonable accommodation, can per-19
984	984	form the essential functions of the employment posi-20
985	985	tion. For the purposes of this title, consideration 21
986	986	shall be given to the employer’s judgment as to what 22
987	987	functions of a job are essential, and if an employer 23
988	988	has prepared a written description before advertising 24
989	989	or interviewing applicants for the job, this descrip-25
990	990	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
991	991	pbinns on DSKJLVW7X2PROD with $$_JOB 35
992	992	•S 181 IS
993	993	tion shall be considered evidence of the essential 1
994	994	functions of the job. 2
995	995	(6) R
996	996	EASONABLE ACCOMMODATION .—The term 3
997	997	‘‘reasonable accommodation’’ may include— 4
998	998	(A) job restructuring, modified work sched-5
999	999	ules, telework, reassignment to a vacant posi-6
1000	1000	tion, or wearing a mask or personal protective 7
1001	1001	equipment; and 8
1002	1002	(B) physical distancing for an 9
1003	1003	unvaccinated individual or an unvaccinated in-10
1004	1004	dividual wearing a mask or personal protective 11
1005	1005	equipment, to the extent that the unvaccinated 12
1006	1006	individual interacts with individuals who are 13
1007	1007	vulnerable to COVID–19 and unvaccinated for 14
1008	1008	COVID–19. 15
1009	1009	(7) V
1010	1010	ACCINATION STATUS.—The term ‘‘vaccina-16
1011	1011	tion status’’ means— 17
1012	1012	(A) an individual’s status based on the vol-18
1013	1013	untary election to receive or not to receive a 19
1014	1014	COVID–19 vaccine; and 20
1015	1015	(B) regardless of whether someone has or 21
1016	1016	has not been vaccinated against COVID–19, an 22
1017	1017	individual’s status with respect to having or 23
1018	1018	producing proof of such vaccination in the form 24
1019	1019	of a vaccine passport or other medical records 25
1020	1020	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
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1022	1022	•S 181 IS
1023	1023	that would demonstrate whether an individual 1
1024	1024	has been vaccinated against COVID–19. 2
1025	1025	SEC. 202. DISCRIMINATION PROHIBITED. 3
1026	1026	(a) G
1027	1027	ENERALRULE.—No covered entity shall dis-4
1028	1028	criminate against a qualified employee on the basis of vac-5
1029	1029	cination status, or the qualified employee’s unwillingness 6
1030	1030	or inability to present a vaccine passport or other proof 7
1031	1031	of having a COVID–19 vaccine, in regard to job applica-8
1032	1032	tion procedures, the hiring, advancement, or discharge of 9
1033	1033	employees, employee compensation, job training, and other 10
1034	1034	terms, conditions, and privileges of employment. 11
1035	1035	(b) C
1036	1036	ONSTRUCTION.— 12
1037	1037	(1) I
1038	1038	N GENERAL.—As used in subsection (a), 13
1039	1039	the term ‘‘discriminate against a qualified employee 14
1040	1040	on the basis of vaccination status’’ includes— 15
1041	1041	(A) limiting, segregating, or classifying an 16
1042	1042	employee in a way that adversely affects the op-17
1043	1043	portunities or status of such employee because 18
1044	1044	of the vaccination status of such employee; 19
1045	1045	(B) participating in a contractual or other 20
1046	1046	arrangement or relationship that has the effect 21
1047	1047	of subjecting a covered entity’s qualified em-22
1048	1048	ployee based on vaccination status to the dis-23
1049	1049	crimination prohibited by this title (such rela-24
1050	1050	tionship includes a relationship with an employ-25
1051	1051	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1052	1052	pbinns on DSKJLVW7X2PROD with $$_JOB 37
1053	1053	•S 181 IS
1054	1054	ment or referral agency, labor union, an organi-1
1055	1055	zation providing fringe benefits to an employee 2
1056	1056	of the covered entity, or an organization pro-3
1057	1057	viding training and apprenticeship programs); 4
1058	1058	(C) utilizing standards, criteria, or meth-5
1059	1059	ods of administration— 6
1060	1060	(i) that have the effect of discrimina-7
1061	1061	tion on the basis of vaccination status; or 8
1062	1062	(ii) that perpetuate the discrimination 9
1063	1063	of others who are subject to common ad-10
1064	1064	ministrative control; 11
1065	1065	(D) excluding or otherwise denying equal 12
1066	1066	benefits to a qualified employee because of the 13
1067	1067	known vaccination status of an individual with 14
1068	1068	whom the qualified employee is known to have 15
1069	1069	a relationship or association; 16
1070	1070	(E)(i) not making reasonable accommoda-17
1071	1071	tions based on vaccination status for an other-18
1072	1072	wise qualified employee, unless such covered en-19
1073	1073	tity can demonstrate that the accommodation 20
1074	1074	would impose an undue hardship on the oper-21
1075	1075	ation of the business of such covered entity; or 22
1076	1076	(ii) denying employment opportunities to 23
1077	1077	an employee who is an otherwise qualified em-24
1078	1078	ployee based on vaccination status, if such de-25
1079	1079	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1080	1080	pbinns on DSKJLVW7X2PROD with $$_JOB 38
1081	1081	•S 181 IS
1082	1082	nial is based on the need of such covered entity 1
1083	1083	to make reasonable accommodation based on 2
1084	1084	the vaccination status of the qualified employee; 3
1085	1085	and 4
1086	1086	(F) using qualification standards, employ-5
1087	1087	ment tests, or other selection criteria that 6
1088	1088	screen out or tend to screen out an individual 7
1089	1089	or a class of individuals based on vaccination 8
1090	1090	status unless the standard, test or other selec-9
1091	1091	tion criteria, as used by the covered entity, is 10
1092	1092	shown to be job related for the position in ques-11
1093	1093	tion and is consistent with business necessity. 12
1094	1094	(2) E
1095	1095	XCLUSIONS.—Notwithstanding any other 13
1096	1096	provision of this section, the term ‘‘discriminate 14
1097	1097	against a qualified individual on the basis of vac-15
1098	1098	cination status’’ does not include— 16
1099	1099	(A) requiring physical distancing by or 17
1100	1100	from individuals who are particularly vulnerable 18
1101	1101	to COVID–19 or have not been fully vaccinated 19
1102	1102	for COVID–19; 20
1103	1103	(B) requiring a qualified employee to wear 21
1104	1104	a mask or to utilize other personal protective 22
1105	1105	equipment; or 23
1106	1106	(C) conducting any symptom check as de-24
1107	1107	scribed in subsection (d)(3). 25
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1109	1109	pbinns on DSKJLVW7X2PROD with $$_JOB 39
1110	1110	•S 181 IS
1111	1111	(c) COVEREDENTITIES INFOREIGNCOUNTRIES.— 1
1112	1112	It shall not be unlawful under this section for a covered 2
1113	1113	entity to take any action that constitutes discrimination 3
1114	1114	under this section with respect to an employee in a work-4
1115	1115	place in a foreign country if compliance with this section 5
1116	1116	would cause such covered entity to violate the law of the 6
1117	1117	foreign country in which such workplace is located. 7
1118	1118	(d) M
1119	1119	EDICALEXAMINATIONS ANDINQUIRIES.— 8
1120	1120	(1) I
1121	1121	N GENERAL.—Consistent with paragraph 9
1122	1122	(2), the prohibition against discrimination as re-10
1123	1123	ferred to in subsection (a) shall include medical ex-11
1124	1124	aminations designed to reveal a qualified employee’s 12
1125	1125	vaccination status and inquiries about a qualified 13
1126	1126	employee’s vaccination status or reasons for choos-14
1127	1127	ing not to receive a COVID–19 vaccine. 15
1128	1128	(2) P
1129	1129	ROHIBITED EXAMINATIONS AND INQUIR -16
1130	1130	IES.—A covered entity shall not require a medical 17
1131	1131	examination designed to reveal a qualified employ-18
1132	1132	ee’s vaccination status and shall not make inquiries 19
1133	1133	of an employee as to the vaccination status of the 20
1134	1134	employee or reasons for choosing not to receive a 21
1135	1135	COVID–19 vaccine unless such examination or in-22
1136	1136	quiry is shown to be job related and consistent with 23
1137	1137	business necessity. 24
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1140	1140	•S 181 IS
1141	1141	(3) SYMPTOM CHECKS PERMITTED .—Notwith-1
1142	1142	standing any other provision of this title, a covered 2
1143	1143	entity may implement basic health screenings that 3
1144	1144	ask individuals if they have symptoms associated 4
1145	1145	with COVID–19 as long as the covered entity does 5
1146	1146	not discriminate against a qualified employee, as de-6
1147	1147	scribed in subsection (a), based on those symptoms, 7
1148	1148	provided that the covered entity does not discrimi-8
1149	1149	nate on the basis of vaccination status when taking 9
1150	1150	any action in response to any symptom check. 10
1151	1151	SEC. 203. DEFENSES. 11
1152	1152	(a) I
1153	1153	NGENERAL.—It may be a defense to a charge 12
1154	1154	of discrimination under this title that an alleged applica-13
1155	1155	tion of qualification standards, tests, or selection criteria 14
1156	1156	that screen out or tend to screen out or otherwise deny 15
1157	1157	a job or benefit to a qualified employee based on vaccina-16
1158	1158	tion status has been shown to be job related and consistent 17
1159	1159	with business necessity, and such performance cannot be 18
1160	1160	accomplished by reasonable accommodation, as required 19
1161	1161	under this title. 20
1162	1162	(b) R
1163	1163	ELIGIOUSENTITIES.— 21
1164	1164	(1) I
1165	1165	N GENERAL.—This title shall not prohibit 22
1166	1166	a religious corporation, association, educational in-23
1167	1167	stitution, or society from giving preference in em-24
1168	1168	ployment to individuals of a particular religion to 25
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1170	1170	pbinns on DSKJLVW7X2PROD with $$_JOB 41
1171	1171	•S 181 IS
1172	1172	perform work connected with the carrying on by 1
1173	1173	such corporation, association, educational institu-2
1174	1174	tion, or society of its activities. 3
1175	1175	(2) R
1176	1176	ELIGIOUS TENETS REQUIREMENT .—Under 4
1177	1177	this title, a religious organization may require that 5
1178	1178	all applicants and employees conform to the religious 6
1179	1179	tenets of such organization. 7
1180	1180	SEC. 204. REMEDIES AND ENFORCEMENT. 8
1181	1181	(a) E
1182	1182	MPLOYEESCOVERED BYTITLEVII OF THE 9
1183	1183	C
1184	1184	IVILRIGHTSACT OF1964.— 10
1185	1185	(1) I
1186	1186	N GENERAL.—The powers, remedies, and 11
1187	1187	procedures provided in sections 705, 706, 707, 709, 12
1188	1188	710, and 711 of the Civil Rights Act of 1964 (42 13
1189	1189	U.S.C. 2000e–4 et seq.) to the Commission, the At-14
1190	1190	torney General, or any person alleging a violation of 15
1191	1191	title VII of such Act (42 U.S.C. 2000e et seq.) shall 16
1192	1192	be the powers, remedies, and procedures this Act 17
1193	1193	provides to the Commission, the Attorney General, 18
1194	1194	or any person, respectively, alleging an unlawful em-19
1195	1195	ployment practice in violation of this title against an 20
1196	1196	employee described in section 201(3)(A) except as 21
1197	1197	provided in paragraphs (2) and (3) of this sub-22
1198	1198	section. 23
1199	1199	(2) C
1200	1200	OSTS AND FEES.—The powers, remedies, 24
1201	1201	and procedures provided in subsections (b) and (c) 25
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1203	1203	pbinns on DSKJLVW7X2PROD with $$_JOB 42
1204	1204	•S 181 IS
1205	1205	of section 722 of the Revised Statutes (42 U.S.C. 1
1206	1206	1988) shall be the powers, remedies, and procedures 2
1207	1207	this Act provides to the Board or any person alleg-3
1208	1208	ing such practice. 4
1209	1209	(3) D
1210	1210	AMAGES.—The powers, remedies, and pro-5
1211	1211	cedures provided in section 1977A of the Revised 6
1212	1212	Statutes (42 U.S.C. 1981a), including the limita-7
1213	1213	tions contained in subsection (b)(3) of such section 8
1214	1214	1977A, shall be the powers, remedies, and proce-9
1215	1215	dures this title provides to the Board or any person 10
1216	1216	alleging such practice (not an employment practice 11
1217	1217	specifically excluded from coverage under section 12
1218	1218	1977A(a)(1) of the Revised Statutes). 13
1219	1219	(b) E
1220	1220	MPLOYEESCOVERED BYSECTION717 OF THE 14
1221	1221	C
1222	1222	IVILRIGHTSACT OF1964.— 15
1223	1223	(1) I
1224	1224	N GENERAL.—The powers, remedies, and 16
1225	1225	procedures provided in section 717 of the Civil 17
1226	1226	Rights Act of 1964 (42 U.S.C. 2000e–16) to the 18
1227	1227	Commission, the Attorney General, the Librarian of 19
1228	1228	Congress, or any person alleging a violation of that 20
1229	1229	section shall be the powers, remedies, and proce-21
1230	1230	dures this title provides to the Commission, the At-22
1231	1231	torney General, the Librarian of Congress, or any 23
1232	1232	person, respectively, alleging an unlawful employ-24
1233	1233	ment practice in violation of this title against an em-25
1234	1234	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
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1236	1236	•S 181 IS
1237	1237	ployee described in section 201(3)(B), except as pro-1
1238	1238	vided in paragraphs (2) and (3) of this subsection. 2
1239	1239	(2) C
1240	1240	OSTS AND FEES.—The powers, remedies, 3
1241	1241	and procedures provided in subsections (b) and (c) 4
1242	1242	of section 722 of the Revised Statutes (42 U.S.C. 5
1243	1243	1988) shall be the powers, remedies, and procedures 6
1244	1244	this Act provides to the Commission, the Attorney 7
1245	1245	General, the Librarian of Congress, or any person 8
1246	1246	alleging such practice. 9
1247	1247	(3) D
1248	1248	AMAGES.—The powers, remedies, and pro-10
1249	1249	cedures provided in section 1977A of the Revised 11
1250	1250	Statutes (42 U.S.C. 1981a), including the limita-12
1251	1251	tions contained in subsection (b)(3) of such section 13
1252	1252	1977A, shall be the powers, remedies, and proce-14
1253	1253	dures this title provides to the Commission, the At-15
1254	1254	torney General, the Librarian of Congress, or any 16
1255	1255	person alleging such practice (not an employment 17
1256	1256	practice specifically excluded from coverage under 18
1257	1257	section 1977A(a)(1) of the Revised Statutes). 19
1258	1258	(c) P
1259	1259	ROHIBITIONAGAINSTRETALIATION.— 20
1260	1260	(1) I
1261	1261	N GENERAL.—No person shall discriminate 21
1262	1262	against any employee because such employee has op-22
1263	1263	posed any act or practice made unlawful by this title 23
1264	1264	or because such employee made a charge, testified, 24
1265	1265	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
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1267	1267	•S 181 IS
1268	1268	assisted, or participated in any manner in an inves-1
1269	1269	tigation, proceeding, or hearing under this title. 2
1270	1270	(2) P
1271	1271	ROHIBITION AGAINST COERCION .—It shall 3
1272	1272	be unlawful to coerce, intimidate, threaten, or inter-4
1273	1273	fere with any individual in the exercise or enjoyment 5
1274	1274	of, or on account of such individual having exercised 6
1275	1275	or enjoyed, or on account of such individual having 7
1276	1276	aided or encouraged any other individual in the exer-8
1277	1277	cise or enjoyment of, any right granted or protected 9
1278	1278	by this title. 10
1279	1279	(3) R
1280	1280	EMEDY.—The remedies and procedures 11
1281	1281	otherwise provided for under this section shall be 12
1282	1282	available to aggrieved individuals with respect to vio-13
1283	1283	lations of this subsection. 14
1284	1284	(d) L
1285	1285	IMITATION.—Notwithstanding subsections 15
1286	1286	(a)(3) and (b)(3), if an unlawful employment practice in-16
1287	1287	volves the provision of a reasonable accommodation pursu-17
1288	1288	ant to this title or regulations implementing this title, 18
1289	1289	damages may not be awarded under section 1977A of the 19
1290	1290	Revised Statutes (42 U.S.C. 1981a) if the covered entity 20
1291	1291	demonstrates good faith efforts, in consultation with the 21
1292	1292	qualified employee, to identify and make a reasonable ac-22
1293	1293	commodation that would provide such employee with an 23
1294	1294	equally effective opportunity and would not cause an 24
1295	1295	undue hardship on the operation of the covered entity. 25
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1298	1298	•S 181 IS
1299	1299	Subtitle B—Nondiscrimination in 1
1300	1300	Public Accommodation 2
1301	1301	SEC. 211. DEFINITIONS. 3
1302	1302	In this subtitle: 4
1303	1303	(1) ADA
1304	1304	TERMS.—The terms ‘‘commerce’’, 5
1305	1305	‘‘commercial facilities’’, ‘‘private entity’’, and ‘‘public 6
1306	1306	accommodation’’ have the meanings given those 7
1307	1307	terms in section 301 of the Americans with Disabil-8
1308	1308	ities Act of 1990 (42 U.S.C. 12181). 9
1309	1309	(2) I
1310	1310	NDIVIDUAL WHO HAS NOT RECEIVED A 10
1311	1311	COVID–19 VACCINE.—The term ‘‘individual who has 11
1312	1312	not received a COVID–19 vaccine’’ means an indi-12
1313	1313	vidual who has not received a COVID–19 vaccine or 13
1314	1314	who does not have or cannot produce proof of having 14
1315	1315	such a vaccine. 15
1316	1316	(3) V
1317	1317	ACCINATION STATUS.—The term ‘‘vaccina-16
1318	1318	tion status’’ means— 17
1319	1319	(A) an individual’s status based on the vol-18
1320	1320	untary election to receive or not to receive a 19
1321	1321	COVID–19 vaccine; and 20
1322	1322	(B) regardless of whether someone has or 21
1323	1323	has not been vaccinated against COVID–19, an 22
1324	1324	individual’s status with respect to having or 23
1325	1325	producing proof of such vaccination in the form 24
1326	1326	of a vaccine passport or other medical records 25
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1329	1329	•S 181 IS
1330	1330	that would demonstrate whether an individual 1
1331	1331	has been vaccinated against COVID–19. 2
1332	1332	SEC. 212. PROHIBITION OF DISCRIMINATION BY PLACES OF 3
1333	1333	PUBLIC ACCOMMODATION. 4
1334	1334	(a) G
1335	1335	ENERALRULE.—Subject to the provisions of 5
1336	1336	this subtitle, no individual shall be discriminated against 6
1337	1337	on the basis of vaccination status, or the individual’s un-7
1338	1338	willingness or inability to present a vaccine passport or 8
1339	1339	other proof of having a COVID–19 vaccine, in the full and 9
1340	1340	equal enjoyment of the goods, services, facilities, privi-10
1341	1341	leges, advantages, or accommodations of any place of pub-11
1342	1342	lic accommodation by any person who owns, leases (or 12
1343	1343	leases to), or operates a place of public accommodation. 13
1344	1344	(b) C
1345	1345	ONSTRUCTION.— 14
1346	1346	(1) G
1347	1347	ENERAL PROHIBITION.— 15
1348	1348	(A) A
1349	1349	CTIVITIES.— 16
1350	1350	(i) D
1351	1351	ENIAL OF PARTICIPATION .—It 17
1352	1352	shall be discriminatory to subject an indi-18
1353	1353	vidual or class of individuals on the basis 19
1354	1354	of the vaccination status of such individual 20
1355	1355	or class of individuals, directly, or through 21
1356	1356	contractual, licensing, or other arrange-22
1357	1357	ments, to a denial of the opportunity of the 23
1358	1358	individual or class to participate in or ben-24
1359	1359	efit from the goods, services, facilities, 25
1360	1360	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
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1362	1362	•S 181 IS
1363	1363	privileges, advantages, or accommodations 1
1364	1364	of an entity. 2
1365	1365	(ii) P
1366	1366	ARTICIPATION IN UNEQUAL BEN -3
1367	1367	EFIT.—It shall be discriminatory to afford 4
1368	1368	an individual or class of individuals, on the 5
1369	1369	basis of vaccination status of such indi-6
1370	1370	vidual or class of individuals, directly, or 7
1371	1371	through contractual, licensing, or other ar-8
1372	1372	rangements with the opportunity to partici-9
1373	1373	pate in or benefit from a good, service, fa-10
1374	1374	cility, privilege, advantage, or accommoda-11
1375	1375	tion that is not substantially equal to that 12
1376	1376	afforded to other individuals. 13
1377	1377	(iii) S
1378	1378	EPARATE BENEFIT.—It shall be 14
1379	1379	discriminatory to provide an individual or 15
1380	1380	class of individuals, on the basis of vac-16
1381	1381	cination status of such individual or class 17
1382	1382	of individuals, directly, or through contrac-18
1383	1383	tual, licensing, or other arrangements with 19
1384	1384	a good, service, facility, privilege, advan-20
1385	1385	tage, or accommodation that is different or 21
1386	1386	separate from that provided to other indi-22
1387	1387	viduals, unless such action is necessary to 23
1388	1388	provide the individual or class of individ-24
1389	1389	uals with a good, service, facility, privilege, 25
1390	1390	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1391	1391	pbinns on DSKJLVW7X2PROD with $$_JOB 48
1392	1392	•S 181 IS
1393	1393	advantage, or accommodation, or other op-1
1394	1394	portunity that is as effective as that pro-2
1395	1395	vided to others. 3
1396	1396	(iv) I
1397	1397	NDIVIDUAL OR CLASS OF INDI -4
1398	1398	VIDUALS.—For purposes of clauses (i) 5
1399	1399	through (iii) of this subparagraph, the 6
1400	1400	term ‘‘individual or class of individuals’’ 7
1401	1401	refers to the clients or customers of the 8
1402	1402	covered public accommodation that enters 9
1403	1403	into the contractual, licensing or other ar-10
1404	1404	rangement. 11
1405	1405	(B) I
1406	1406	NTEGRATED SETTINGS .—Goods, serv-12
1407	1407	ices, facilities, privileges, advantages, and ac-13
1408	1408	commodations shall be afforded to an individual 14
1409	1409	regardless of vaccination status in the most in-15
1410	1410	tegrated setting appropriate. 16
1411	1411	(C) O
1412	1412	PPORTUNITY TO PARTICIPATE .—Not-17
1413	1413	withstanding the existence of separate or dif-18
1414	1414	ferent programs or activities provided in accord-19
1415	1415	ance with this section, an individual who has 20
1416	1416	not received a COVID–19 vaccine shall not be 21
1417	1417	denied the opportunity to participate in such 22
1418	1418	programs or activities that are not separate or 23
1419	1419	different. 24
1420	1420	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
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1422	1422	•S 181 IS
1423	1423	(D) ADMINISTRATIVE METHODS .—An indi-1
1424	1424	vidual or entity shall not, directly or through 2
1425	1425	contractual or other arrangements, utilize 3
1426	1426	standards or criteria or methods of administra-4
1427	1427	tion— 5
1428	1428	(i) that have the effect of discrimi-6
1429	1429	nating on the basis of vaccination status; 7
1430	1430	or 8
1431	1431	(ii) that perpetuate the discrimination 9
1432	1432	of others who are subject to common ad-10
1433	1433	ministrative control. 11
1434	1434	(E) A
1435	1435	SSOCIATION.—It shall be discrimina-12
1436	1436	tory to exclude or otherwise deny equal goods, 13
1437	1437	services, facilities, privileges, advantages, ac-14
1438	1438	commodations, or other opportunities to an in-15
1439	1439	dividual or entity because of the vaccination 16
1440	1440	status of an individual with whom the indi-17
1441	1441	vidual or entity is known to have a relationship 18
1442	1442	or association. 19
1443	1443	(2) S
1444	1444	PECIFIC PROHIBITIONS.— 20
1445	1445	(A) D
1446	1446	ISCRIMINATION.—For purposes of 21
1447	1447	subsection (a), discrimination includes— 22
1448	1448	(i) the imposition or application of eli-23
1449	1449	gibility criteria that screen out or tend to 24
1450	1450	screen out an individual who has not had 25
1451	1451	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1452	1452	pbinns on DSKJLVW7X2PROD with $$_JOB 50
1453	1453	•S 181 IS
1454	1454	a COVID–19 vaccine or any class of such 1
1455	1455	individuals from fully and equally enjoying 2
1456	1456	any goods, services, facilities, privileges, 3
1457	1457	advantages, or accommodations, unless 4
1458	1458	such criteria can be shown to be necessary 5
1459	1459	for the provision of the goods, services, fa-6
1460	1460	cilities, privileges, advantages, or accom-7
1461	1461	modations being offered; and 8
1462	1462	(ii) a failure to make reasonable modi-9
1463	1463	fications in policies, practices, or proce-10
1464	1464	dures, when such modifications are nec-11
1465	1465	essary to afford such goods, services, facili-12
1466	1466	ties, privileges, advantages, or accommoda-13
1467	1467	tions to individuals who have not received 14
1468	1468	a COVID–19 vaccine, unless the entity can 15
1469	1469	demonstrate that making such modifica-16
1470	1470	tions would fundamentally alter the nature 17
1471	1471	of such goods, services, facilities, privi-18
1472	1472	leges, advantages, or accommodations. 19
1473	1473	(3) S
1474	1474	PECIFIC CONSTRUCTION.—Nothing in this 20
1475	1475	title shall require an entity to permit an individual 21
1476	1476	to participate in or benefit from the goods, services, 22
1477	1477	facilities, privileges, advantages and accommodations 23
1478	1478	of such entity where such individual poses a direct 24
1479	1479	threat to the health or safety of others. The term 25
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1482	1482	•S 181 IS
1483	1483	‘‘direct threat’’ means a significant risk to the 1
1484	1484	health or safety of others that cannot be eliminated 2
1485	1485	by a modification of policies, practices, or procedures 3
1486	1486	or by physical distancing, wearing a mask, or wear-4
1487	1487	ing personal protective equipment. 5
1488	1488	(c) D
1489	1489	ISTANCING AND PPE.—Notwithstanding any 6
1490	1490	other provision of this section, an individual shall not be 7
1491	1491	considered to be discriminated against on the basis of vac-8
1492	1492	cination status in violation of this section if that individual 9
1493	1493	is required to engage in physical distancing, wear a mask, 10
1494	1494	or wear personal protective equipment. 11
1495	1495	SEC. 213. PROHIBITION OF DISCRIMINATION IN SPECIFIED 12
1496	1496	PUBLIC TRANSPORTATION SERVICES PRO-13
1497	1497	VIDED BY PRIVATE ENTITIES. 14
1498	1498	(a) G
1499	1499	ENERALRULE.—No individual shall be dis-15
1500	1500	criminated against on the basis of vaccination status, or 16
1501	1501	the individual’s unwillingness or inability to present a vac-17
1502	1502	cine passport or other proof of vaccinations status, in the 18
1503	1503	full and equal enjoyment of specified public transportation 19
1504	1504	services provided by a private entity that is primarily en-20
1505	1505	gaged in the business of transporting people and whose 21
1506	1506	operations affect commerce. 22
1507	1507	(b) C
1508	1508	ONSTRUCTION.—For purposes of subsection (a), 23
1509	1509	discrimination includes— 24
1510	1510	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1511	1511	pbinns on DSKJLVW7X2PROD with $$_JOB 52
1512	1512	•S 181 IS
1513	1513	(1) the imposition or application by an entity 1
1514	1514	described in subsection (a) of eligibility criteria that 2
1515	1515	screens out or tends to screen out an individual 3
1516	1516	based on vaccination status or any class of individ-4
1517	1517	uals based on vaccination status from fully enjoying 5
1518	1518	the specified public transportation services provided 6
1519	1519	by the entity, unless such criteria can be shown to 7
1520	1520	be necessary for the provision of the services being 8
1521	1521	offered; and 9
1522	1522	(2) the failure of such entity to make reason-10
1523	1523	able modifications, including physical distancing for 11
1524	1524	an unvaccinated individual or an unvaccinated indi-12
1525	1525	vidual wearing a mask or personal protective equip-13
1526	1526	ment, to the extent that the unvaccinated individual 14
1527	1527	interacts with individuals who are vulnerable to 15
1528	1528	COVID–19 and unvaccinated for COVID–19. 16
1529	1529	(c) D
1530	1530	ISTANCING AND PPE.—Notwithstanding any 17
1531	1531	other provision of this section, an individual shall not be 18
1532	1532	considered to be discriminated against on the basis of vac-19
1533	1533	cination status in violation of this section if that individual 20
1534	1534	is required to engage in physical distancing, wear a mask, 21
1535	1535	or wear personal protective equipment. 22
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1538	1538	•S 181 IS
1539	1539	SEC. 214. EXEMPTIONS FOR PRIVATE CLUBS AND RELI-1
1540	1540	GIOUS ORGANIZATIONS. 2
1541	1541	The provisions of this subtitle shall not apply to pri-3
1542	1542	vate clubs or establishments exempted from coverage 4
1543	1543	under title II of the Civil Rights Act of 1964 (42 U.S.C. 5
1544	1544	2000–a(e)) or to religious organizations or entities con-6
1545	1545	trolled by religious organizations, including places of wor-7
1546	1546	ship. 8
1547	1547	SEC. 215. ENFORCEMENT. 9
1548	1548	(a) A
1549	1549	VAILABILITY OF REMEDIES AND PROCE-10
1550	1550	DURES.—The remedies and procedures set forth in section 11
1551	1551	204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a– 12
1552	1552	3(a)) are the remedies and procedures this subtitle pro-13
1553	1553	vides to any person who is being subjected to discrimina-14
1554	1554	tion on the basis of vaccination status in violation of this 15
1555	1555	subtitle or who has reasonable grounds for believing that 16
1556	1556	such person is about to be subjected to discrimination in 17
1557	1557	violation of this subtitle. Nothing in this section shall re-18
1558	1558	quire a person who has not received a COVID–19 vaccine 19
1559	1559	to engage in a futile gesture if such person has actual no-20
1560	1560	tice that a person or organization covered by this subtitle 21
1561	1561	does not intend to comply with its provisions. 22
1562	1562	(b) E
1563	1563	NFORCEMENT BY THE ATTORNEYGENERAL.— 23
1564	1564	(1) D
1565	1565	ENIAL OF RIGHTS.— 24
1566	1566	(A) A
1567	1567	UTHORITY TO INVESTIGATE .—The 25
1568	1568	Attorney General shall have the authority to in-26
1569	1569	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1570	1570	pbinns on DSKJLVW7X2PROD with $$_JOB 54
1571	1571	•S 181 IS
1572	1572	vestigate alleged violations of this subtitle, and 1
1573	1573	shall undertake periodic reviews of compliance 2
1574	1574	of entities subject to this subtitle. 3
1575	1575	(B) P
1576	1576	OTENTIAL VIOLATION.—If the Attor-4
1577	1577	ney General has reasonable cause to believe 5
1578	1578	that— 6
1579	1579	(i) any person or group of persons is 7
1580	1580	engaged in a pattern or practice of dis-8
1581	1581	crimination under this subtitle; or 9
1582	1582	(ii) any person or group of persons 10
1583	1583	has been discriminated against under this 11
1584	1584	subtitle and such discrimination raises an 12
1585	1585	issue of general public importance; 13
1586	1586	the Attorney General may commence a civil ac-14
1587	1587	tion in any appropriate United States district 15
1588	1588	court. 16
1589	1589	(2) A
1590	1590	UTHORITY OF COURT .—In a civil action 17
1591	1591	under paragraph (1)(B), the court— 18
1592	1592	(A) may grant any equitable relief that 19
1593	1593	such court considers to be appropriate, includ-20
1594	1594	ing, to the extent required by this subtitle— 21
1595	1595	(i) granting temporary, preliminary, 22
1596	1596	or permanent relief; 23
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1599	1599	•S 181 IS
1600	1600	(ii) providing a modification of policy, 1
1601	1601	practice, or procedure, or alternative meth-2
1602	1602	od; and 3
1603	1603	(iii) making reasonable accommoda-4
1604	1604	tions for individuals who have not received 5
1605	1605	a COVID–19 vaccine; 6
1606	1606	(B) may award such other relief as the 7
1607	1607	court considers to be appropriate, including 8
1608	1608	monetary damages to individuals aggrieved 9
1609	1609	when requested by the Attorney General; and 10
1610	1610	(C) may, to vindicate the public interest, 11
1611	1611	assess a civil penalty against the entity subject 12
1612	1612	to this subtitle in an amount— 13
1613	1613	(i) not exceeding $50,000 for a first 14
1614	1614	violation; and 15
1615	1615	(ii) not exceeding $100,000 for any 16
1616	1616	subsequent violation. 17
1617	1617	(3) S
1618	1618	INGLE VIOLATION.—For purposes of para-18
1619	1619	graph (2)(C), in determining whether a first or sub-19
1620	1620	sequent violation has occurred, a determination in a 20
1621	1621	single action, by judgment or settlement, that the 21
1622	1622	entity subject to this subtitle has engaged in more 22
1623	1623	than one discriminatory act shall be counted as a 23
1624	1624	single violation. 24
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1627	1627	•S 181 IS
1628	1628	(4) PUNITIVE DAMAGES .—For purposes of 1
1629	1629	paragraph (2)(B), the term ‘‘monetary damages’’ 2
1630	1630	and ‘‘such other relief’’ does not include punitive 3
1631	1631	damages. 4
1632	1632	(5) J
1633	1633	UDICIAL CONSIDERATION .—In a civil ac-5
1634	1634	tion under paragraph (1)(B), the court, when con-6
1635	1635	sidering what amount of civil penalty, if any, is ap-7
1636	1636	propriate, shall give consideration to any good faith 8
1637	1637	effort or attempt to comply with this Act by the en-9
1638	1638	tity. In evaluating good faith, the court shall con-10
1639	1639	sider, among other factors it deems relevant, wheth-11
1640	1640	er the entity could have reasonably anticipated the 12
1641	1641	need for a reasonable accommodation for individuals 13
1642	1642	who have not received a COVID–19 vaccine. 14
1643	1643	SEC. 216. EFFECTIVE DATE. 15
1644	1644	This subtitle shall become effective 90 days after the 16
1645	1645	date of the enactment of this Act. 17
1646	1646	Subtitle C—Nondiscrimination by a 18
1647	1647	Public Entity and Access to Fed-19
1648	1648	eral Services 20
1649	1649	SEC. 221. NONDISCRIMINATION BY A PUBLIC ENTITY. 21
1650	1650	(a) I
1651	1651	NGENERAL.—Subject to the provisions of this 22
1652	1652	subtitle, no qualified individual who has not received a 23
1653	1653	COVID–19 vaccine shall, by reason of such vaccination 24
1654	1654	status, including the qualified individual’s unwillingness or 25
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1656	1656	pbinns on DSKJLVW7X2PROD with $$_JOB 57
1657	1657	•S 181 IS
1658	1658	inability to present a vaccine passport or other proof of 1
1659	1659	having a COVID–19 vaccine, be excluded from participa-2
1660	1660	tion in or be denied the benefits of the services, programs, 3
1661	1661	or activities of a public entity, or be subjected to discrimi-4
1662	1662	nation by any such entity. 5
1663	1663	(b) R
1664	1664	IGHTTOVOTESHALLNOTBEIMPAIRED.— 6
1665	1665	It shall be unlawful for any State or political subdivision, 7
1666	1666	as such term is used in the Voting Rights Act of 1965 8
1667	1667	(52 U.S.C. 10301 et seq.), to require or impose a require-9
1668	1668	ment that a voter or voters must present a vaccine pass-10
1669	1669	port or otherwise present information regarding their vac-11
1670	1670	cination status in order to exercise the right to vote, in-12
1671	1671	cluding to vote in person, in any election involving any 13
1672	1672	candidate for Federal office. 14
1673	1673	(c) R
1674	1674	ULE OFCONSTRUCTION.—Notwithstanding sub-15
1675	1675	section (a), a public entity shall not be considered in viola-16
1676	1676	tion of subsection (a) if that public entity requires a quali-17
1677	1677	fied individual who has not received a COVID–19 vaccine 18
1678	1678	to engage in physical distancing, wear a mask, or wear 19
1679	1679	personal protective equipment. 20
1680	1680	(d) E
1681	1681	NFORCEMENT.—The remedies, procedures, and 21
1682	1682	rights set forth in section 505 of the Rehabilitation Act 22
1683	1683	of 1973 (29 U.S.C. 794a) shall be the remedies, proce-23
1684	1684	dures, and rights this title provides to any person alleging 24
1685	1685	discrimination on the basis of status as a qualified indi-25
1686	1686	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1687	1687	pbinns on DSKJLVW7X2PROD with $$_JOB 58
1688	1688	•S 181 IS
1689	1689	vidual who has not received a COVID–19 vaccine in viola-1
1690	1690	tion of this section. 2
1691	1691	(e) D
1692	1692	EFINITIONS.— 3
1693	1693	(1) Q
1694	1694	UALIFIED INDIVIDUAL WHO HAS NOT RE -4
1695	1695	CEIVED A COVID–19 VACCINE.—The term ‘‘qualified 5
1696	1696	individual who has not received a COVID–19 vac-6
1697	1697	cine’’ means an individual who— 7
1698	1698	(A) has voluntarily elected not to receive a 8
1699	1699	COVID–19 vaccine; and 9
1700	1700	(B) with or without reasonable modifica-10
1701	1701	tions to rules, policies, or practices, including 11
1702	1702	physical distancing, mask wearing, wearing per-12
1703	1703	sonal protective equipment, or undergoing a 13
1704	1704	COVID-related symptom check meets the essen-14
1705	1705	tial eligibility requirements for the receipt of 15
1706	1706	services or the participation in programs or ac-16
1707	1707	tivities provided by a public entity. 17
1708	1708	(2) P
1709	1709	UBLIC ENTITY.—The term ‘‘public entity’’ 18
1710	1710	has the meaning given that term in section 201 of 19
1711	1711	the Americans with Disabilities Act of 1990 (42 20
1712	1712	U.S.C. 12131). 21
1713	1713	SEC. 222. ACCESS TO FEDERAL SERVICES. 22
1714	1714	(a) F
1715	1715	EDERALSERVICES.— 23
1716	1716	(1) I
1717	1717	N GENERAL.—No otherwise qualified indi-24
1718	1718	vidual who has not received a COVID–19 vaccine, 25
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1721	1721	•S 181 IS
1722	1722	shall, solely by reason of her or his vaccine status, 1
1723	1723	be excluded from the participation in, be denied the 2
1724	1724	benefits of, or be subjected to discrimination under 3
1725	1725	any program or activity receiving Federal financial 4
1726	1726	assistance or under any program or activity con-5
1727	1727	ducted by any Executive agency or by the United 6
1728	1728	States Postal Service. 7
1729	1729	(2) R
1730	1730	EGULATIONS.—The head of each such 8
1731	1731	agency shall promulgate such regulations as may be 9
1732	1732	necessary to carry out this section. 10
1733	1733	(3) P
1734	1734	ROGRAM OR ACTIVITY.—In this section the 11
1735	1735	term ‘‘program or activity’’ has the meaning given 12
1736	1736	that term in section 504 of the Rehabilitation Act of 13
1737	1737	1973 (29 U.S.C. 794). 14
1738	1738	(b) P
1739	1739	ETITION; ACCESS TOPROPERTY.—An individ-15
1740	1740	ual’s right to petition the Federal Government and an in-16
1741	1741	dividual’s right to access Federal property shall not be af-17
1742	1742	fected because the individual is a qualified individual who 18
1743	1743	has not received a COVID–19 vaccine. Proof of COVID– 19
1744	1744	19 vaccination shall not be a requirement for access to 20
1745	1745	Federal property or Federal services, or for access to con-21
1746	1746	gressional grounds or services. 22
1747	1747	(c) E
1748	1748	XCEPTIONRELATING TOADMISSION ANDDE-23
1749	1749	PARTURE OFALIENS.— 24
1750	1750	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1751	1751	pbinns on DSKJLVW7X2PROD with $$_JOB 60
1752	1752	•S 181 IS
1753	1753	(1) IN GENERAL.—Notwithstanding any other 1
1754	1754	provision of this Act, the Secretary of Homeland Se-2
1755	1755	curity may request, require, and collect vaccination 3
1756	1756	records providing evidence of vaccination for 4
1757	1757	COVID–19, SARS–CoV–2, or any variant of 5
1758	1758	COVID–19 or SARS–CoV–2 from any alien (as de-6
1759	1759	fined in section 101(a) of the Immigration and Na-7
1760	1760	tionality Act (8 U.S.C. 1101(a)) seeking admission 8
1761	1761	to the United States or departing the United States, 9
1762	1762	to the extent necessary to ensure public health. 10
1763	1763	(2) R
1764	1764	ECORDKEEPING.—The Secretary of Home-11
1765	1765	land Security may maintain such evidence of vac-12
1766	1766	cination and any ancillary documentation for a pe-13
1767	1767	riod the Secretary considers necessary. 14
1768	1768	(3) P
1769	1769	RIVACY.—Information collected or main-15
1770	1770	tained under paragraph (1) or (2) may not be trans-16
1771	1771	mitted or communicated to any entity or individual 17
1772	1772	other than an employee of the Department of Home-18
1773	1773	land Security designated by the Secretary of Home-19
1774	1774	land Security. 20
1775	1775	(4) R
1776	1776	ULE OF CONSTRUCTION .—Nothing in this 21
1777	1777	subsection shall be construed to provide an alien a 22
1778	1778	right or an enforceable action relating to the admis-23
1779	1779	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181
1780	1780	pbinns on DSKJLVW7X2PROD with $$_JOB 61
1781	1781	•S 181 IS
1782	1782	sion of the alien to the United States or authoriza-1
1783	1783	tion to remain in the United States. 2
1784	1784	Æ
1785	1785	VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6301 E:\BILLS\S181.IS S181
1786	1786	pbinns on DSKJLVW7X2PROD with $$_JOB