II 118THCONGRESS 1 STSESSION S. 181 To protect individual liberty, ensure privacy, and prohibit discrimination with respect to the vaccination status of individuals, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY31, 2023 Mr. C RUZintroduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect individual liberty, ensure privacy, and prohibit discrimination with respect to the vaccination status of individuals, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘No Vaccine Passports Act’’. 5 (b) T ABLE OFCONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Severability. TITLE I—GENERAL PROVISIONS VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 181 IS Subtitle A—Health Information Privacy Protections Sec. 101. Prohibition on establishment of Federal vaccine passports and track- ing of individuals. Sec. 102. Vaccine status protections under HIPAA privacy regulations. Subtitle B—Consent to Vaccination Sec. 111. Vaccinations. TITLE II—PROHIBITION OF DISCRIMINATION BASED ON VACCINATION STATUS Subtitle A—Nondiscrimination in Employment Sec. 201. Definitions. Sec. 202. Discrimination prohibited. Sec. 203. Defenses. Sec. 204. Remedies and enforcement. Subtitle B—Nondiscrimination in Public Accommodation Sec. 211. Definitions. Sec. 212. Prohibition of discrimination by places of public accommodation. Sec. 213. Prohibition of discrimination in specified public transportation serv- ices provided by private entities. Sec. 214. Exemptions for private clubs and religious organizations. Sec. 215. Enforcement. Sec. 216. Effective date. Subtitle C—Nondiscrimination by a Public Entity and Access to Federal Services Sec. 221. Nondiscrimination by a public entity. Sec. 222. Access to Federal services. SEC. 2. FINDINGS. 1 Congress finds as follows: 2 (1) In December 2019, reports began circu-3 lating that hospitals in Wuhan, China, were seeing 4 cases of a pneumonia-like respiratory illness of un-5 known origins. 6 (2) On December 31, 2019, an automated 7 translation of a Chinese media report about a novel 8 respiratory outbreak was posted to ProMED, one of 9 the largest public emerging disease and outbreak re-10 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 181 IS porting systems used to promote communication 1 among infectious disease specialists, including sci-2 entists, physicians, veterinarians, epidemiologists, 3 and public health professionals. 4 (3) The ProMED posting prompted the World 5 Health Organization (referred to in this section as 6 ‘‘WHO’’) to instruct its China Country Office to re-7 quest verification of the outbreak from the com-8 munist government of the People’s Republic of 9 China. 10 (4) In response to the WHO-prompted inquiry, 11 the Wuhan Municipal Health Commission issued its 12 first public statement on the outbreak, saying it had 13 identified 27 cases. 14 (5) On January 3, 2020, in what is clear con-15 duct by the Chinese government to cover up the ori-16 gins and dangers posed by the outbreak, Dr. Li 17 Wenliang, a physician at Wuhan Central Hospital, 18 was reprimanded by local police in the Public Secu-19 rity Bureau for spreading allegedly ‘‘false state-20 ments’’ about the outbreak online. 21 (6) On January 3, 2020, the Chinese Center for 22 Disease Control and Prevention (referred to in this 23 section as ‘‘China CDC’’) Director-General Gao Fu 24 told the United States Centers for Disease Control 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 181 IS and Prevention (referred to in this section as 1 ‘‘United States CDC’’) Director Robert Redfield 2 about a pneumonia outbreak in Wuhan, Hubei Prov-3 ince, China. 4 (7) On January 6, 2020, the Secretary of 5 Health and Human Services, Alex M. Azar II, and 6 the United States CDC Director Redfield offered to 7 send United States CDC experts to China and the 8 United States CDC issued a ‘‘Watch Level 1 Alert’’ 9 for Wuhan, meaning that the United States CDC 10 recognized a heightened risk for travelers, cautioning 11 travelers to use health precautions when traveling to 12 areas in China. 13 (8) On January 11, 2020, a team led by Pro-14 fessor Yong-Zhen Zhang of Fudan University in 15 Shanghai posted the genetic sequence of the novel 16 virus on an open-access platform, sharing it with the 17 world. 18 (9) On January 14, 2020, the WHO tweeted, 19 ‘‘Preliminary investigations conducted by the Chi-20 nese authorities have found no clear evidence of 21 human-to-human transmission of the novel 22 coronavirus (2019–nCoV) identified in Wuhan, 23 China’’. The WHO’s assertion has been proven false 24 and completely contrary to medical science given 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 181 IS that there have been nearly 163,000,000 cases of in-1 fection worldwide, resulting in more than 3,380,000 2 deaths. 3 (10) On January 20, 2020, China confirmed 4 person-to-person transmission of the novel 5 coronavirus and infections among medical workers. 6 (11) On January 21, 2020, the United States 7 CDC announced the first COVID–19 case in the 8 United States. 9 (12) On January 30, 2020, WHO Director- 10 General Tedros declared the epidemic a Public 11 Health Emergency of International Concern, and 12 President Donald J. Trump announced the forma-13 tion of the President’s Coronavirus Task Force. In 14 a statement from the WHO regarding the second 15 meeting of its International Health Regulations 16 (2005) Emergency Committee regarding the out-17 break of novel coronavirus (2019–nCoV), the Com-18 mittee specifically did ‘‘not recommend any travel or 19 trade restriction based on the current information 20 available’’. 21 (13) On January 31 2020, President Trump 22 suspended entry into the United States of most for-23 eigners who were physically present in mainland 24 China during the preceding 14-day period, effective 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 181 IS February 2, 2020, and Secretary Azar declared a 1 public health emergency for the United States to aid 2 response to the novel coronavirus. 3 (14) On February 1, 2020, then-Presidential 4 candidate Joe Biden recklessly downplayed the risk 5 of the virus, suggesting in a tweet that President 6 Trump’s efforts to limit the spread of the virus were 7 nothing more than ‘‘hysteria, xenophobia, and fear- 8 mongering’’. 9 (15) Numerous individuals criticized these trav-10 el restrictions. When asked ‘‘if you had to, would 11 you close down the borders?’’ to stop the spread of 12 coronavirus, Senator Bernie Sanders said, ‘‘no’’. 13 When asked about these travel restrictions, Rep-14 resentative Nancy Pelosi stated, ‘‘actually tens of 15 thousands of people were allowed in from China, it 16 wasn’t as it was described as this great moment’’. 17 WHO Director-General Tedros Adhanom 18 Ghebreyesus was reported to say that widespread 19 travel bans and restrictions were not needed to stop 20 the outbreak and could ‘‘have the effect of increas-21 ing fear and stigma, with little public health ben-22 efit’’. Reportedly, Representative Ami Bera stated 23 that the travel ban ‘‘probably doesn’t make sense’’ 24 since the outbreak had already spread to several 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 181 IS other countries, that such measures were causing an 1 antagonistic relationship with the Chinese, and such 2 mandatory quarantines ‘‘may be overkill’’. 3 (16) Health experts have since noted that the 4 early United States restrictions imposed on travelers 5 from China saved American lives. Former United 6 States CDC director Dr. Tom Frieden noted that 7 ‘‘the travel ban with China made a difference. . . It 8 resulted in a significant delay in the number of peo-9 ple coming in with infection and because of that, 10 that bought time in the U.S. to better prepare.’’. 11 (17) On February 26, 2020, the United States 12 CDC confirmed a case of COVID–19 in California 13 in a person who reportedly did not have relevant 14 travel history or exposure to another known patient 15 with COVID–19. 16 (18) On February 29, 2020, the United States 17 CDC reported the first COVID–19 death in United 18 States, though later public reports indicated that the 19 first death from COVID–19 may have been weeks 20 earlier. 21 (19) In a 60 Minutes interview posted on 22 March 8, 2020, Dr. Anthony Fauci stated that 23 ‘‘right now in the United States, people should not 24 be walking around with masks . . . there’s no rea-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 181 IS son to be walking around with a mask. When you’re 1 in the middle of an outbreak wearing a mask might 2 make people feel a little bit better, and it might even 3 block a droplet, but it’s not providing the perfect 4 protection that people think that it is. And often, 5 there are unintended consequences, people keep fid-6 dling with the masks, and they keep touching their 7 face. . . But, when you think masks, you should 8 think of healthcare providers needing them and peo-9 ple who are ill. The people who, when you look at 10 the films of foreign countries and you see 85 percent 11 of the people wearing masks, that’s fine. That’s fine. 12 I’m not against it. If you want to do it, that’s fine 13 . . . It could lead to a shortage of masks for the 14 people who really need it.’’. 15 (20) On May 15, 2020, the Trump administra-16 tion announced the establishment of Operation Warp 17 Speed, a public-private partnership to expedite the 18 timeline for development, large-scale manufacturing, 19 and delivery of a safe and effective COVID–19 vac-20 cine to the American public. The initial goal of the 21 project was to develop at least 1 vaccine and begin 22 administering it to Americans before the end of 23 2020. As reported on BioCentury, Dr. Anthony 24 Fauci noted that the fastest a vaccine might be 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 181 IS ready for use in an emergency would be 1 year, al-1 though the process could take up to 2 years. Before 2 the Senate on March 3, 2020, Dr. Fauci stated that 3 the process would likely take at least 1 to 1 1 ∕2years 4 to have a vaccine that could be administered to 5 American persons. Some, such as the analytics firm 6 Clarivate, concluded that it might take at least 5 7 years for the leading vaccine candidates, like 8 Moderna, to complete the development process 9 through full regulatory approval. 10 (21) Operation Warp Speed and other govern-11 ment actions sped COVID–19 vaccine development 12 by enabling typical vaccine development steps to be 13 taken simultaneously with manufacturing and dis-14 tribution planning. As part of these actions, the 15 Federal Government made investments in critical 16 manufacturing capacity, giving pharmaceutical com-17 panies confidence that if they invested in developing 18 a vaccine, once the vaccine received authorization 19 from the Food and Drug Administration, these com-20 panies would be able to immediately begin distrib-21 uting the vaccine. 22 (22) On July 14, 2020, the United States CDC 23 issued stronger recommendations to wear masks as 24 a strategy for preventing the spread of COVID–19. 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 181 IS United States CDC Director Robert Redfield, in a 1 news release from the agency, identified masks as 2 ‘‘one of the most powerful weapons we have to slow 3 and stop the spread of the virus’’. 4 (23) On December 11, 2020, the Food and 5 Drug Administration issued the first emergency use 6 authorization (referred to in this section as ‘‘EUA’’) 7 for a vaccine for the prevention of COVID–19 in in-8 dividuals 16 years of age and older. The EUA al-9 lowed the Pfizer-BioNTech COVID–19 Vaccine to be 10 distributed in the United States. 11 (24) By June 2022, subsequent modifications 12 to the EUA by the Food and Drug Administration 13 expanded the Pfizer-BioNTech COVID–19 vaccine 14 application to include eligibility for individuals from 15 6 months of age and older. 16 (25) On December 18, 2020, the Food and 17 Drug Administration issued an EUA for the second 18 vaccine for the prevention of COVID–19 in individ-19 uals 16 years of age and older. The EUA allowed 20 the Moderna COVID–19 Vaccine to be distributed in 21 the United States for use in individuals 18 years of 22 age and older. 23 (26) By June 2022, subsequent modifications 24 to the EUA by the Food and Drug Administration 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 181 IS expanded the Moderna COVID–19 vaccine to include 1 eligibility for individuals from 6 months of age and 2 above. 3 (27) On February 27, 2021, the Food and 4 Drug Administration issued an EUA for the third 5 vaccine for the prevention of COVID–19. The EUA 6 allowed the Janssen COVID–19 vaccine to be dis-7 tributed in the United States for use in individuals 8 18 years of age and older. 9 (28) On July 13, 2022, the Food and Drug Ad-10 ministration issued an EUA for the fourth vaccine 11 for the prevention of COVID–19 in individuals 18 12 and older. The EUA was further expanded to in-13 clude individuals 12 years of age and older. The 14 EUA allowed the Novavax COVID–19 Vaccine, 15 Adjuvanted to be distributed in the United States 16 for use in individuals 12 years and older. 17 (29) On August 23, 2021, the Food and Drug 18 Administration approved the first COVID–19 vac-19 cine, Pfizer-BioNTech’s Comirnaty (COVID–19 vac-20 cine, mRNA) for individuals 16 years of age and 21 older. 22 (30) On January 31, 2022, the Food and Drug 23 Administration approved the second COVID–19 vac-24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 181 IS cine. The Moderna COVID–19 vaccine ‘‘Spikevax’’ is 1 approved for individuals 18 years of age and older. 2 (31) Because of this public-private partnership 3 and the funding and support from Congress, mul-4 tiple COVID–19 vaccines have been developed and 5 manufactured and as of January 19, 2023, approxi-6 mately 667,815,331 vaccine doses had been adminis-7 tered in the United States. 8 (32) Despite the successful development, roll-9 out, and uptake of the COVID–19 vaccines, it is 10 now known that the vaccines do not fully prevent in-11 fection from the SARS–CoV–2 virus. 12 (33) The emergence of variants of SARS–CoV– 13 2 has resulted in the development of new COVID– 14 19 vaccines and booster shots. 15 (34) According to the Food and Drug Adminis-16 tration fact sheets on COVID–19 vaccines, there are 17 certain populations for whom existing COVID–19 18 vaccines are not indicated or authorized or for whom 19 there is insufficient data to inform vaccine-related 20 risks including— 21 (A) people who have had a severe allergic 22 reaction to a previous dose of one of the vac-23 cines or has a severe allergy to any of the vac-24 cine components; and 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 181 IS (B) people with certain pre-existing condi-1 tions such as bleeding disorders and women 2 who are pregnant, trying to get pregnant, or 3 breastfeeding. 4 (35) Because of potential risks that the vaccine 5 poses to certain people, it is important that every 6 patient is able to consult his or her doctor to deter-7 mine whether one of the COVID–19 vaccines and 8 booster shots is appropriate for that patient. 9 (36) Consistent with fundamental human 10 rights, and medical and legal ethics and proper 11 standards of medical care, every American has the 12 right to ‘‘informed consent’’ with respect to medical 13 treatment, meaning that he or she has a right to be 14 fully informed about the nature of his or her health 15 care and to participate in and voluntarily make deci-16 sions related to his or her care. In addition, every 17 patient has a right to medical privacy to expect that 18 the decisions and nature of care will be kept con-19 fidential by his or her health care provider and any-20 one who has access to the individual’s medical 21 records, including vaccination records. 22 (37) At various times in history, governments 23 and medical professionals have violated these and 24 other inherent rights, including by coercing patients, 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •S 181 IS failing to properly inform patients of, or even inten-1 tionally being deceptive with patients about, their 2 rights and the risks inherent with various medical 3 procedures, experiments, and studies, including the 4 Tuskegee syphilis experiments, forced sterilization, 5 lobotomy procedures, electro-shock therapy, certain 6 psychological studies, collection and utilization of in-7 dividuals’ cells and parts of their body, or from fetal 8 tissue of a patient’s offspring, without knowledge or 9 consent, and eugenics laws. 10 (38) The absence of informed consent not only 11 constitutes a violation of medical ethics and stand-12 ards of care, in some cases, treatment may also con-13 stitute a crime, such as battery. 14 (39) Criminal battery stemming from violations 15 of medical ethics and informed consent standards 16 have led to a significant degree of distrust of the 17 government, public health officials, and medical pro-18 fessionals by certain groups and communities includ-19 ing among the most vulnerable populations such as 20 ethnic minorities, immigrants, economically dis-21 advantaged, unmarried mothers, people with disabil-22 ities, and individuals with mental illnesses. 23 (40) On March 19, 2021, the WHO released 24 draft recommendations for a smart vaccine certifi-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •S 181 IS cate in what amounts to a form of a ‘‘vaccine pass-1 port’’ that would, per WHO’s ‘‘Smart Vaccination 2 Certificate Working Group’’, ‘‘support COVID–19 3 vaccine delivery and monitoring’’ and to serve ‘‘cur-4 rent and future requirements, toward the dual pur-5 poses of (1) supporting continuity of care; and (2) 6 cross-border uses’’. 7 (41) In July 2021, the European Commission 8 adopted the EU Digital COVID Certificate 9 (EUDCC), a COVID–19 vaccine passport. 10 (42) In April 2021, the State of New York 11 launched the first COVID–19 vaccine passport in 12 the United States, known as the Excelsior Pass. 13 (43) The White House, while saying the 14 COVID–19 Task Force would not create a vaccine 15 passport, engaged in a multi-agency coordination ef-16 fort led by the Office of the National Coordinator 17 for Health Information Technology to develop cri-18 teria and principles for a vaccine passport created by 19 the private sector. 20 (44) During a March 2, 2021, virtual meeting 21 lead by the Federal Health IT Coordinating Council 22 on behalf of the Biden Administration, a slide pres-23 entation included the following: ‘‘Proof of individual 24 COVID-related health status is likely to be an im-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •S 181 IS portant component of pandemic response, proof of 1 immunization will likely become a major, if not the 2 primary, form of health status validation,’’ and a 3 ‘‘unified Federal approach [is] required to ensure 4 Federal activities are working toward the same com-5 mon goals for vaccine [passports].’’ Additionally, the 6 presentation suggested the Biden Administration ex-7 pects that ‘‘Federal entities’’ would ‘‘likely require 8 vaccine verification for a variety of purposes’’ and 9 that the ‘‘Federal government will inevitably be in-10 volved with vaccine credential solutions. . . .’’. 11 (45) Despite previous reassurances to not pur-12 sue COVID–19 vaccine mandates or passports, the 13 Biden Administration has issued a number of vac-14 cine mandates on millions of Americans through ex-15 ecutive orders, memoranda, and Federal rulemaking. 16 (A) On August 24, 2021, the Secretary of 17 Defense issued a memorandum requiring all 18 Department of Defense Service Members to be 19 vaccinated against COVID–19 as a condition of 20 remaining in the service. 21 (B) On September 9, 2021, the Biden Ad-22 ministration issued an executive order man-23 dating all employees of Federal contractors be 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •S 181 IS vaccinated against COVID–19 as a condition of 1 employment. 2 (C) On September 14, 2021, the Biden 3 Administration issued an executive order man-4 dating all Federal employees be vaccinated 5 against COVID–19 as a condition of employ-6 ment. 7 (D) On November 4, 2021, the Centers for 8 Medicare & Medicaid Services issued an interim 9 final rule requiring employees of Medicare and 10 Medicaid certified providers and suppliers be 11 vaccinated against COVID–19 as a condition of 12 employment. 13 (E) On November 4, 2021, the Occupa-14 tional Safety and Health Administration issued 15 an emergency temporary standard requiring 16 private employers with 100 or more employees 17 to either require employees to receive a 18 COVID–19 vaccine or to require employees to 19 provide regular proof of a negative COVID–19 20 test. 21 (46) A number of cities in the United States 22 implemented vaccine passports requiring individuals 23 to show proof of vaccination to enter various estab-24 lishments. 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •S 181 IS (A) On August 16, 2021, the city of New 1 Orleans implemented the requirement of a 2 COVID–19 vaccine or a negative test in order 3 to enter indoor establishments and venues. 4 (B) On August 20, 2021, the city of San 5 Francisco began to require proof of vaccination 6 against COVID–19 in order to enter indoor es-7 tablishments and venues. 8 (C) On September 13, 2021, the city of 9 New York began to require its Excelsior Pass 10 or Key-to-NYC COVID–19 vaccine passport in 11 order to enter indoor establishments and 12 venues. 13 (D) On October 1, 2021, the city of Los 14 Angeles began to require proof of a COVID–19 15 vaccine in order to enter indoor establishments 16 and venues. 17 (E) On October 25, 2021, the city of Se-18 attle began to require proof of vaccination 19 against COVID–19 or a negative test in order 20 to enter indoor establishments and venues. 21 (F) In January 2022, the cities of Boston, 22 Chicago, Philadelphia, Minneapolis, and St. 23 Paul began to require proof of a COVID–19 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •S 181 IS vaccine in order to enter indoor establishments 1 and venues. 2 (G) On February 15, 2022, Washington, 3 DC, began to require proof of vaccination 4 against COVID–19 in order to enter indoor es-5 tablishments and venues. 6 (47) Throughout 2021 and 2022, a large num-7 ber of private employers imposed a COVID–19 vac-8 cine mandate on employees as a condition of employ-9 ment. This has resulted in widespread discrimination 10 based on vaccination status and loss of employment 11 and employment opportunities. 12 (48) The development, implementation, and uti-13 lization of vaccine passports, whether by Federal or 14 State government, or the private sector, has led to 15 significant misuse, abuse, and discrimination against 16 the people of the United States. The use of such 17 passports led to the denial of constitutionally pro-18 tected freedoms, such as freedom of association and 19 freedom of movement and allowed the government 20 and corporations to track people’s health status on 21 a large-scale basis. 22 (49) The widespread utilization of vaccine pass-23 ports has led to discrimination by businesses that 24 provide public accommodations requiring a customer 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •S 181 IS to demonstrate his or her health status, through the 1 presentment of a vaccine passport or other ‘‘papers’’ 2 or by requiring that the customer disclose his or her 3 protected health information, before the business 4 agrees to serve or otherwise do business with such 5 individual, meaning the denial of service in such 6 cases could be based on an individual’s disability, 7 health status, or familial status. 8 (50) Despite the use of vaccine passports and 9 vaccine mandates leading to a clear violation of con-10 stitutional rights, there currently exists no clear reg-11 ulatory framework to fully protect the privacy of 12 United States citizens and United States nationals 13 with respect to their vaccination records and nega-14 tive COVID–19 test results. 15 (51) The widespread acceptance and implemen-16 tation of vaccine passports has also led to employ-17 ment discrimination, where employers have taken 18 adverse employment actions against employees who 19 are not vaccinated because of an underlying health 20 condition and without regard to the Americans with 21 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 22 which requires an interactive process whereby the 23 employer follows the law to assess if the employee 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •S 181 IS can and should be reasonably accommodated under 1 such Act. 2 (52) Given that COVID–19 vaccines do not pre-3 vent the transmission of the SARS–CoV–2 virus, the 4 implementation and widespread utilization of vaccine 5 passports has led and will lead to the refusal to pro-6 vide services to unvaccinated persons. 7 (53) The denial of public services and public ac-8 commodations, as well as adverse employment ac-9 tions, based on COVID–19 vaccination status, lack 10 of or refusal to present a vaccine passport, refusal 11 to get vaccinated, or requiring an individual to ex-12 plain the underlying reason why they are not vac-13 cinated, could constitute unlawful discrimination, in-14 cluding as to sex, age, familial status, disability, or 15 based on genetic or other health condition. 16 (54) Any United States person that requests 17 the vaccine records of a United States individual, in-18 cluding data such as a copy or other digital record 19 of a vaccine passport or similar proof of vaccination, 20 should be regarded as having collected ‘‘protected 21 health information’’ and should be regarded as a 22 ‘‘covered entity’’ as defined in the privacy regula-23 tions promulgated under section 264(c) of the 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •S 181 IS Health Insurance Portability and Accountability Act 1 of 1996 (42 U.S.C. 1320d–2 note). 2 (55) The policy of the United States is to rec-3 ognize, defend, and protect the inherent rights of the 4 individual, including the right to privacy, the right 5 of liberty, the right to be secure in one’s person, the 6 right of the individual to be informed about any 7 medical procedures, treatment, or vaccination, and 8 the right of the individual to provide or withhold 9 consent to such procedures, treatment, or vaccina-10 tion. 11 (56) Congress recognizes that special vigilance 12 is required, especially in times of crisis or emergency 13 to ensure that government agencies do not try to 14 take advantage of, manipulate, or inflame public 15 fear, stoke hatred of minority groups, or increase in-16 tolerance toward the diversity that builds our Na-17 tion. 18 (57) Congress finds that there is a clear need 19 for the Federal Government to take specific action 20 to restore public trust by protecting the privacy and 21 voluntary informed consent rights of patients specifi-22 cally regarding vaccinations and an individual’s vac-23 cination records. 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •S 181 IS (58) Furthermore, the protection of such indi-1 vidual rights to make one’s own medical decisions in 2 consultation with his or her health care provider 3 without fear of coercion, forced vaccination, loss of 4 civil liberties, or risk of adverse employment action 5 is especially needed at a time when it is critical for 6 our Nation to increase public trust in vaccinations 7 and increase vaccination rates in order to end the 8 COVID–19 pandemic. 9 SEC. 3. SEVERABILITY. 10 (a) I NGENERAL.—If any provision of this Act, or 11 an amendment made by this Act, or the application of any 12 such provision or amendment to any person or cir-13 cumstance is declared invalid or unconstitutional, the re-14 mainder of this Act, including any amendment made by 15 this Act, and the application of such provisions and 16 amendments to any person or circumstance shall not be 17 affected. 18 (b) E FFECT OFPARTIALINVALIDATION, REPEAL, OR 19 A MENDMENT.—The invalidation, repeal, or amendment of 20 any part of this Act, or amendment made by this Act, 21 does not release or extinguish any penalty, forfeiture, or 22 liability incurred or right accruing or accrued under this 23 Act (or amendment), unless the invalidation, repeal, or 24 amendment so provides expressly. This Act, and amend-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 24 •S 181 IS ments made by this Act, shall be treated as remaining in 1 force for the purpose of sustaining any proper action or 2 prosecution for the enforcement of the right, penalty, for-3 feiture, or liability pursuant to the previous sentence. 4 TITLE I—GENERAL PROVISIONS 5 Subtitle A—Health Information 6 Privacy Protections 7 SEC. 101. PROHIBITION ON ESTABLISHMENT OF FEDERAL 8 VACCINE PASSPORTS AND TRACKING OF IN-9 DIVIDUALS. 10 (a) I NGENERAL.—No Federal funds may be used 11 to create, establish or collaborate in the establishment of 12 any Federal, State, private, or international vaccine pass-13 port system, vaccine tracking database, or similar system 14 or in the creation or adoption of any related guidelines 15 or standards, under which Federal, State, or international 16 government agencies or private companies would be able 17 to monitor or track individuals who have been vaccinated 18 against COVID–19, or which could otherwise be used to 19 limit the freedom of movement or the freedom of associa-20 tion of individuals based on their COVID–19 vaccination 21 status. 22 (b) P ERSONALPRIVACY.—To the extent any Federal 23 department or agency has received, obtained, collected, ag-24 gregated, stored, or is otherwise in possession of any data 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 25 •S 181 IS or records from officials, including public health officials, 1 in any State, the District of Columbia, or any territory, 2 or any third party who administered or has information 3 related to the administration of any COVID–19 vaccina-4 tions, including health care providers and insurers, such 5 data and records about any individuals’ vaccination status 6 shall be destroyed by the Federal department or agency 7 and, if in digital form, that data record shall be deleted 8 in its entirety within 30 days of the enactment of this Act. 9 (c) R EPORTING.—For any Federal department or 10 agency that has received and subsequently destroyed 11 COVID–19 data or records as required by this section, 12 the head of such agency shall, not later than 15 days after 13 such data or records have been destroyed, submit a sworn 14 affidavit, subject to penalty of perjury, to Congress con-15 firming that he or she has personally assured such data 16 or records have been destroyed. 17 (d) C RIMINALPENALTIES.—Any person who know-18 ingly makes or is responsible for the inclusion of a state-19 ment or representation in an affidavit under subsection 20 (c) that is materially false, fictitious, or fraudulent shall 21 be fined not more than $10,000, imprisoned not more 22 than 1 year, or both. 23 (e) P ROHIBITION ONFEDERALISSUANCE ORVAC-24 CINEPASSPORT ORSIMILARDOCUMENTATION AND PRO-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 26 •S 181 IS HIBITION ONVACCINATIONREQUIREMENT TOENTER 1 F EDERALPROPERTY ORSERVICES.— 2 (1) I N GENERAL.—No Federal department or 3 agency may issue a vaccine passport, vaccine pass, 4 or other standardized documentation for the purpose 5 of certifying the COVID–19 vaccination status of a 6 citizen of the United States to a third party, or oth-7 erwise publish or share any COVID–19 vaccination 8 record of a citizen of the United States, or similar 9 health information. 10 (2) A CCESS TO FEDERAL PROPERTY AND SERV -11 ICES.—Proof of COVID–19 vaccination shall not be 12 deemed a requirement for access to Federal property 13 or Federal services, or for access to congressional 14 grounds or services. 15 (f) E XCEPTIONS.— 16 (1) D EIDENTIFIED OR ANONYMIZED INFORMA -17 TION FOR CERTAIN PURPOSES .—The prohibition de-18 scribed in subsection (a) shall not apply to the ag-19 gregation and sharing of information that has been 20 deidentified or anonymized if such information is 21 used for purposes of Federal, State, or local public 22 health reporting or academic studies, provided that 23 the recipient of such information does not have the 24 capability to reconstruct the data in any way that 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 27 •S 181 IS would allow for the determination of the vaccination 1 status of any individual. 2 (2) L IMITED USE OF INFORMATION WITH RE -3 SPECT TO FEDERAL EMPLOYEES .—The prohibition 4 described in subsection (a) and the requirement de-5 scribed in subsection (b) shall not apply to the pos-6 session by a Federal department or agency of 7 COVID–19 vaccination data or records pertaining to 8 any employee of such department or agency where 9 such data or records will be used solely to determine 10 if such employee would be eligible to gain admission 11 to a foreign country during international travel in 12 furtherance of the employee’s official duties. 13 SEC. 102. VACCINE STATUS PROTECTIONS UNDER HIPAA 14 PRIVACY REGULATIONS. 15 (a) I NGENERAL.—The Secretary of Health and 16 Human Services shall amend the regulations promulgated 17 under section 264(c) of the Health Insurance Portability 18 and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) 19 to establish the following: 20 (1) Reporting by covered entities to public 21 health entities of non-anonymized protected health 22 information related to an individual’s vaccination 23 status is not permissible, even during public health 24 emergencies, without express patient consent. 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 28 •S 181 IS (2) Any United States person that requests the 1 vaccine records of a United States individual shall be 2 deemed to be a covered entity for purposes of such 3 request. 4 (3) With respect to any individual who shares 5 their vaccine status with any covered entity, the cov-6 ered entity shall comply with any request from such 7 individual to— 8 (A) delete all protected health information 9 that identifies the individual’s vaccination sta-10 tus, including in relation to any records shared 11 with the covered entities’ business associates, in 12 all active and inactive databases; and 13 (B) provide to such individual written con-14 firmation of such deletion. 15 (b) D EFINITIONS.—In this section, the terms ‘‘busi-16 ness associate’’, ‘‘covered entity’’, ‘‘protected health infor-17 mation’’ have the meanings given such terms in section 18 160.103 of title 21, Code of Federal Regulations (or any 19 successor regulations). 20 Subtitle B—Consent to Vaccination 21 SEC. 111. VACCINATIONS. 22 (a) I NGENERAL.—Part I of title 18, United States 23 Code, is amended by inserting after chapter 117 the fol-24 lowing: 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 29 •S 181 IS ‘‘CHAPTER 117A—VACCINATIONS 1 ‘‘§ 2431. Vaccinations 2 ‘‘(a) R EQUIREMENTS.— 3 ‘‘(1) I N GENERAL.—Except as provided in para-4 graph (2), it shall be unlawful to— 5 ‘‘(A) require any United States person to 6 receive a vaccine that has only received author-7 ization by the Food and Drug Administration 8 through an emergency use authorization pursu-9 ant to section 564 of the Federal Food, Drug, 10 and Cosmetic Act (21 U.S.C. 360bbb–3), or 11 that has received such authorization prior to re-12 ceiving full approval or licensure under section 13 505 of the Federal Food, Drug, and Cosmetic 14 Act (21 U.S.C. 355) or section 351 of the Pub-15 lic Health Service Act (42 U.S.C. 262); or 16 ‘‘(B) vaccinate with a vaccine that has only 17 received authorization by the Food and Drug 18 Administration through such an emergency use 19 authorization, or that has received such author-20 ization prior to receiving such full approval or 21 licensure— 22 ‘‘(i) an individual under the age of 18; 23 or 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 30 •S 181 IS ‘‘(ii) an individual that lacks the ca-1 pacity to exercise the right to consent to be 2 vaccinated. 3 ‘‘(2) E XCEPTIONS.—Paragraph (1) shall not 4 apply if the individual, or if the individual is a minor 5 or is otherwise unable to consent, a parent, guard-6 ian, conservator, or attorney-in-fact of the indi-7 vidual, provides consent to be vaccinated. 8 ‘‘(3) S UNSET.—This subsection is effective be-9 ginning on the date of enactment of this section and 10 ending on the date that is 5 years after that date. 11 ‘‘(b) R IGHTTOBEINFORMED.—Any person that ad-12 ministers a vaccine for the coronavirus disease 2019 13 (COVID–19) shall, consistent with medical ethics and ap-14 plicable informed consent laws of the State in which the 15 vaccine is administered and any applicable Federal regula-16 tions related to informed consent laws, disclose to any in-17 dividual, before the vaccine is administered, the risks asso-18 ciated with the vaccine so that the individual can make 19 an informed decision. 20 ‘‘(c) P ROTECTINGPRIVACY.— 21 ‘‘(1) I N GENERAL.—Except as provided in sub-22 paragraph (B), it shall be unlawful for any person 23 to publicly disclose information about the COVID– 24 19 vaccination status of an individual without the 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 31 •S 181 IS express consent of the individual if the individual 1 provided the information to the person— 2 ‘‘(A) as an employee in the context of an 3 employer-employee relationship; 4 ‘‘(B) as an independent contractor where 5 the vaccination status was provided to the per-6 son to whom the contractor is providing serv-7 ices; 8 ‘‘(C) as a consumer in the context of any 9 consumer transaction; 10 ‘‘(D) as a patient in order to obtain med-11 ical care or health-related services from any 12 health care provider; or 13 ‘‘(E) the user of any technology applica-14 tion, platform, or service. 15 ‘‘(2) R EQUIREMENTS.—For purposes of this 16 subsection, an individual does not provide express 17 consent to the disclosure of a COVID–19 vaccination 18 status unless— 19 ‘‘(A) the individual agrees to the cir-20 cumstances of disclosure in writing; and 21 ‘‘(B) the agreement is not conditioned on 22 or contained within any other agreement. 23 ‘‘(3) E XCEPTION.—Paragraph (1) shall not 24 apply if the parent or guardian of the individual pro-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 32 •S 181 IS vides consent to the disclosure described in that sub-1 paragraph. 2 ‘‘(d) C RIMINALPENALTIES.—Whoever knowingly 3 violates subsection (a) or (c) shall be imprisoned not more 4 than 1 year, fined in accordance with this title, or both. 5 ‘‘(e) C IVILPENALTIES.—Any person who receives the 6 COVID–19 vaccination status of an individual under cir-7 cumstances that would create a reasonable expectation of 8 privacy in that status, including the circumstances listed 9 in subparagraphs (A) through (E) of subsection (c)(1), 10 and who either intentionally or negligently discloses that 11 status to the public without the consent of the individual, 12 shall be subject to a civil fine not to exceed $25,000 per 13 disclosure or any actual damages suffered. 14 ‘‘(f) P REEMPTION.—This section does not annul, 15 alter, or affect any law of any State or local government 16 that provides a greater level of privacy than the provisions 17 in this section.’’. 18 (b) T ECHNICAL AND CONFORMINGAMENDMENT.— 19 The table of chapters for part I of title 18, United States 20 Code, is amended by inserting after the item relating to 21 section 117 the following: 22 ‘‘117A. Vaccinations.........................................................................2431’’. VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6211 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 33 •S 181 IS TITLE II—PROHIBITION OF DIS-1 CRIMINATION BASED ON VAC-2 CINATION STATUS 3 Subtitle A—Nondiscrimination in 4 Employment 5 SEC. 201. DEFINITIONS. 6 In this section: 7 (1) ADA TERMS.—The terms ‘‘direct threat’’ 8 and ‘‘undue hardship’’ have the meaning given those 9 terms in section 101 of the Americans with Disabil-10 ities Act of 1990 (42 U.S.C. 12111). 11 (2) C OVERED ENTITY.—The term ‘‘covered en-12 tity’’— 13 (A) has the meaning given the term ‘‘re-14 spondent’’ in section 701(n) of the Civil Rights 15 Act of 1964 (42 U.S.C. 2000e(n)); and 16 (B) includes— 17 (i) an employer, which means a per-18 son engaged in industry affecting com-19 merce who has 15 or more employees as 20 defined in section 701(b) of title VII of the 21 Civil Rights Act of 1964 (42 U.S.C. 22 2000e(b)); and 23 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 34 •S 181 IS (ii) an entity to which section 717(a) 1 of the Civil Rights Act of 1964 (42 U.S.C. 2 2000e–16(a)) applies. 3 (3) E MPLOYEE.—The term ‘‘employee’’ 4 means— 5 (A) an employee (including an applicant), 6 as defined in section 701(f) of the Civil Rights 7 Act of 1964 (42 U.S.C. 2000e(f)); and 8 (B) an employee (including an applicant) 9 to which section 717(a) of the Civil Rights Act 10 of 1964 (42 U.S.C. 2000e–16(a)) applies. 11 (4) P ERSON; COMMERCE; INDUSTRY AFFECTING 12 COMMERCE.—The terms ‘‘person’’, ‘‘commerce’’, and 13 ‘‘industry affecting commerce’’ shall have the same 14 meaning given such terms in section 701 of the Civil 15 Rights Act of 1964 (42 U.S.C. 2000e). 16 (5) Q UALIFIED EMPLOYEE .—The term ‘‘quali-17 fied employee’’ means an employee or applicant who, 18 with or without reasonable accommodation, can per-19 form the essential functions of the employment posi-20 tion. For the purposes of this title, consideration 21 shall be given to the employer’s judgment as to what 22 functions of a job are essential, and if an employer 23 has prepared a written description before advertising 24 or interviewing applicants for the job, this descrip-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 35 •S 181 IS tion shall be considered evidence of the essential 1 functions of the job. 2 (6) R EASONABLE ACCOMMODATION .—The term 3 ‘‘reasonable accommodation’’ may include— 4 (A) job restructuring, modified work sched-5 ules, telework, reassignment to a vacant posi-6 tion, or wearing a mask or personal protective 7 equipment; and 8 (B) physical distancing for an 9 unvaccinated individual or an unvaccinated in-10 dividual wearing a mask or personal protective 11 equipment, to the extent that the unvaccinated 12 individual interacts with individuals who are 13 vulnerable to COVID–19 and unvaccinated for 14 COVID–19. 15 (7) V ACCINATION STATUS.—The term ‘‘vaccina-16 tion status’’ means— 17 (A) an individual’s status based on the vol-18 untary election to receive or not to receive a 19 COVID–19 vaccine; and 20 (B) regardless of whether someone has or 21 has not been vaccinated against COVID–19, an 22 individual’s status with respect to having or 23 producing proof of such vaccination in the form 24 of a vaccine passport or other medical records 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 36 •S 181 IS that would demonstrate whether an individual 1 has been vaccinated against COVID–19. 2 SEC. 202. DISCRIMINATION PROHIBITED. 3 (a) G ENERALRULE.—No covered entity shall dis-4 criminate against a qualified employee on the basis of vac-5 cination status, or the qualified employee’s unwillingness 6 or inability to present a vaccine passport or other proof 7 of having a COVID–19 vaccine, in regard to job applica-8 tion procedures, the hiring, advancement, or discharge of 9 employees, employee compensation, job training, and other 10 terms, conditions, and privileges of employment. 11 (b) C ONSTRUCTION.— 12 (1) I N GENERAL.—As used in subsection (a), 13 the term ‘‘discriminate against a qualified employee 14 on the basis of vaccination status’’ includes— 15 (A) limiting, segregating, or classifying an 16 employee in a way that adversely affects the op-17 portunities or status of such employee because 18 of the vaccination status of such employee; 19 (B) participating in a contractual or other 20 arrangement or relationship that has the effect 21 of subjecting a covered entity’s qualified em-22 ployee based on vaccination status to the dis-23 crimination prohibited by this title (such rela-24 tionship includes a relationship with an employ-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 37 •S 181 IS ment or referral agency, labor union, an organi-1 zation providing fringe benefits to an employee 2 of the covered entity, or an organization pro-3 viding training and apprenticeship programs); 4 (C) utilizing standards, criteria, or meth-5 ods of administration— 6 (i) that have the effect of discrimina-7 tion on the basis of vaccination status; or 8 (ii) that perpetuate the discrimination 9 of others who are subject to common ad-10 ministrative control; 11 (D) excluding or otherwise denying equal 12 benefits to a qualified employee because of the 13 known vaccination status of an individual with 14 whom the qualified employee is known to have 15 a relationship or association; 16 (E)(i) not making reasonable accommoda-17 tions based on vaccination status for an other-18 wise qualified employee, unless such covered en-19 tity can demonstrate that the accommodation 20 would impose an undue hardship on the oper-21 ation of the business of such covered entity; or 22 (ii) denying employment opportunities to 23 an employee who is an otherwise qualified em-24 ployee based on vaccination status, if such de-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 38 •S 181 IS nial is based on the need of such covered entity 1 to make reasonable accommodation based on 2 the vaccination status of the qualified employee; 3 and 4 (F) using qualification standards, employ-5 ment tests, or other selection criteria that 6 screen out or tend to screen out an individual 7 or a class of individuals based on vaccination 8 status unless the standard, test or other selec-9 tion criteria, as used by the covered entity, is 10 shown to be job related for the position in ques-11 tion and is consistent with business necessity. 12 (2) E XCLUSIONS.—Notwithstanding any other 13 provision of this section, the term ‘‘discriminate 14 against a qualified individual on the basis of vac-15 cination status’’ does not include— 16 (A) requiring physical distancing by or 17 from individuals who are particularly vulnerable 18 to COVID–19 or have not been fully vaccinated 19 for COVID–19; 20 (B) requiring a qualified employee to wear 21 a mask or to utilize other personal protective 22 equipment; or 23 (C) conducting any symptom check as de-24 scribed in subsection (d)(3). 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 39 •S 181 IS (c) COVEREDENTITIES INFOREIGNCOUNTRIES.— 1 It shall not be unlawful under this section for a covered 2 entity to take any action that constitutes discrimination 3 under this section with respect to an employee in a work-4 place in a foreign country if compliance with this section 5 would cause such covered entity to violate the law of the 6 foreign country in which such workplace is located. 7 (d) M EDICALEXAMINATIONS ANDINQUIRIES.— 8 (1) I N GENERAL.—Consistent with paragraph 9 (2), the prohibition against discrimination as re-10 ferred to in subsection (a) shall include medical ex-11 aminations designed to reveal a qualified employee’s 12 vaccination status and inquiries about a qualified 13 employee’s vaccination status or reasons for choos-14 ing not to receive a COVID–19 vaccine. 15 (2) P ROHIBITED EXAMINATIONS AND INQUIR -16 IES.—A covered entity shall not require a medical 17 examination designed to reveal a qualified employ-18 ee’s vaccination status and shall not make inquiries 19 of an employee as to the vaccination status of the 20 employee or reasons for choosing not to receive a 21 COVID–19 vaccine unless such examination or in-22 quiry is shown to be job related and consistent with 23 business necessity. 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 40 •S 181 IS (3) SYMPTOM CHECKS PERMITTED .—Notwith-1 standing any other provision of this title, a covered 2 entity may implement basic health screenings that 3 ask individuals if they have symptoms associated 4 with COVID–19 as long as the covered entity does 5 not discriminate against a qualified employee, as de-6 scribed in subsection (a), based on those symptoms, 7 provided that the covered entity does not discrimi-8 nate on the basis of vaccination status when taking 9 any action in response to any symptom check. 10 SEC. 203. DEFENSES. 11 (a) I NGENERAL.—It may be a defense to a charge 12 of discrimination under this title that an alleged applica-13 tion of qualification standards, tests, or selection criteria 14 that screen out or tend to screen out or otherwise deny 15 a job or benefit to a qualified employee based on vaccina-16 tion status has been shown to be job related and consistent 17 with business necessity, and such performance cannot be 18 accomplished by reasonable accommodation, as required 19 under this title. 20 (b) R ELIGIOUSENTITIES.— 21 (1) I N GENERAL.—This title shall not prohibit 22 a religious corporation, association, educational in-23 stitution, or society from giving preference in em-24 ployment to individuals of a particular religion to 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 41 •S 181 IS perform work connected with the carrying on by 1 such corporation, association, educational institu-2 tion, or society of its activities. 3 (2) R ELIGIOUS TENETS REQUIREMENT .—Under 4 this title, a religious organization may require that 5 all applicants and employees conform to the religious 6 tenets of such organization. 7 SEC. 204. REMEDIES AND ENFORCEMENT. 8 (a) E MPLOYEESCOVERED BYTITLEVII OF THE 9 C IVILRIGHTSACT OF1964.— 10 (1) I N GENERAL.—The powers, remedies, and 11 procedures provided in sections 705, 706, 707, 709, 12 710, and 711 of the Civil Rights Act of 1964 (42 13 U.S.C. 2000e–4 et seq.) to the Commission, the At-14 torney General, or any person alleging a violation of 15 title VII of such Act (42 U.S.C. 2000e et seq.) shall 16 be the powers, remedies, and procedures this Act 17 provides to the Commission, the Attorney General, 18 or any person, respectively, alleging an unlawful em-19 ployment practice in violation of this title against an 20 employee described in section 201(3)(A) except as 21 provided in paragraphs (2) and (3) of this sub-22 section. 23 (2) C OSTS AND FEES.—The powers, remedies, 24 and procedures provided in subsections (b) and (c) 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 42 •S 181 IS of section 722 of the Revised Statutes (42 U.S.C. 1 1988) shall be the powers, remedies, and procedures 2 this Act provides to the Board or any person alleg-3 ing such practice. 4 (3) D AMAGES.—The powers, remedies, and pro-5 cedures provided in section 1977A of the Revised 6 Statutes (42 U.S.C. 1981a), including the limita-7 tions contained in subsection (b)(3) of such section 8 1977A, shall be the powers, remedies, and proce-9 dures this title provides to the Board or any person 10 alleging such practice (not an employment practice 11 specifically excluded from coverage under section 12 1977A(a)(1) of the Revised Statutes). 13 (b) E MPLOYEESCOVERED BYSECTION717 OF THE 14 C IVILRIGHTSACT OF1964.— 15 (1) I N GENERAL.—The powers, remedies, and 16 procedures provided in section 717 of the Civil 17 Rights Act of 1964 (42 U.S.C. 2000e–16) to the 18 Commission, the Attorney General, the Librarian of 19 Congress, or any person alleging a violation of that 20 section shall be the powers, remedies, and proce-21 dures this title provides to the Commission, the At-22 torney General, the Librarian of Congress, or any 23 person, respectively, alleging an unlawful employ-24 ment practice in violation of this title against an em-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 43 •S 181 IS ployee described in section 201(3)(B), except as pro-1 vided in paragraphs (2) and (3) of this subsection. 2 (2) C OSTS AND FEES.—The powers, remedies, 3 and procedures provided in subsections (b) and (c) 4 of section 722 of the Revised Statutes (42 U.S.C. 5 1988) shall be the powers, remedies, and procedures 6 this Act provides to the Commission, the Attorney 7 General, the Librarian of Congress, or any person 8 alleging such practice. 9 (3) D AMAGES.—The powers, remedies, and pro-10 cedures provided in section 1977A of the Revised 11 Statutes (42 U.S.C. 1981a), including the limita-12 tions contained in subsection (b)(3) of such section 13 1977A, shall be the powers, remedies, and proce-14 dures this title provides to the Commission, the At-15 torney General, the Librarian of Congress, or any 16 person alleging such practice (not an employment 17 practice specifically excluded from coverage under 18 section 1977A(a)(1) of the Revised Statutes). 19 (c) P ROHIBITIONAGAINSTRETALIATION.— 20 (1) I N GENERAL.—No person shall discriminate 21 against any employee because such employee has op-22 posed any act or practice made unlawful by this title 23 or because such employee made a charge, testified, 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 44 •S 181 IS assisted, or participated in any manner in an inves-1 tigation, proceeding, or hearing under this title. 2 (2) P ROHIBITION AGAINST COERCION .—It shall 3 be unlawful to coerce, intimidate, threaten, or inter-4 fere with any individual in the exercise or enjoyment 5 of, or on account of such individual having exercised 6 or enjoyed, or on account of such individual having 7 aided or encouraged any other individual in the exer-8 cise or enjoyment of, any right granted or protected 9 by this title. 10 (3) R EMEDY.—The remedies and procedures 11 otherwise provided for under this section shall be 12 available to aggrieved individuals with respect to vio-13 lations of this subsection. 14 (d) L IMITATION.—Notwithstanding subsections 15 (a)(3) and (b)(3), if an unlawful employment practice in-16 volves the provision of a reasonable accommodation pursu-17 ant to this title or regulations implementing this title, 18 damages may not be awarded under section 1977A of the 19 Revised Statutes (42 U.S.C. 1981a) if the covered entity 20 demonstrates good faith efforts, in consultation with the 21 qualified employee, to identify and make a reasonable ac-22 commodation that would provide such employee with an 23 equally effective opportunity and would not cause an 24 undue hardship on the operation of the covered entity. 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 45 •S 181 IS Subtitle B—Nondiscrimination in 1 Public Accommodation 2 SEC. 211. DEFINITIONS. 3 In this subtitle: 4 (1) ADA TERMS.—The terms ‘‘commerce’’, 5 ‘‘commercial facilities’’, ‘‘private entity’’, and ‘‘public 6 accommodation’’ have the meanings given those 7 terms in section 301 of the Americans with Disabil-8 ities Act of 1990 (42 U.S.C. 12181). 9 (2) I NDIVIDUAL WHO HAS NOT RECEIVED A 10 COVID–19 VACCINE.—The term ‘‘individual who has 11 not received a COVID–19 vaccine’’ means an indi-12 vidual who has not received a COVID–19 vaccine or 13 who does not have or cannot produce proof of having 14 such a vaccine. 15 (3) V ACCINATION STATUS.—The term ‘‘vaccina-16 tion status’’ means— 17 (A) an individual’s status based on the vol-18 untary election to receive or not to receive a 19 COVID–19 vaccine; and 20 (B) regardless of whether someone has or 21 has not been vaccinated against COVID–19, an 22 individual’s status with respect to having or 23 producing proof of such vaccination in the form 24 of a vaccine passport or other medical records 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 46 •S 181 IS that would demonstrate whether an individual 1 has been vaccinated against COVID–19. 2 SEC. 212. PROHIBITION OF DISCRIMINATION BY PLACES OF 3 PUBLIC ACCOMMODATION. 4 (a) G ENERALRULE.—Subject to the provisions of 5 this subtitle, no individual shall be discriminated against 6 on the basis of vaccination status, or the individual’s un-7 willingness or inability to present a vaccine passport or 8 other proof of having a COVID–19 vaccine, in the full and 9 equal enjoyment of the goods, services, facilities, privi-10 leges, advantages, or accommodations of any place of pub-11 lic accommodation by any person who owns, leases (or 12 leases to), or operates a place of public accommodation. 13 (b) C ONSTRUCTION.— 14 (1) G ENERAL PROHIBITION.— 15 (A) A CTIVITIES.— 16 (i) D ENIAL OF PARTICIPATION .—It 17 shall be discriminatory to subject an indi-18 vidual or class of individuals on the basis 19 of the vaccination status of such individual 20 or class of individuals, directly, or through 21 contractual, licensing, or other arrange-22 ments, to a denial of the opportunity of the 23 individual or class to participate in or ben-24 efit from the goods, services, facilities, 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 47 •S 181 IS privileges, advantages, or accommodations 1 of an entity. 2 (ii) P ARTICIPATION IN UNEQUAL BEN -3 EFIT.—It shall be discriminatory to afford 4 an individual or class of individuals, on the 5 basis of vaccination status of such indi-6 vidual or class of individuals, directly, or 7 through contractual, licensing, or other ar-8 rangements with the opportunity to partici-9 pate in or benefit from a good, service, fa-10 cility, privilege, advantage, or accommoda-11 tion that is not substantially equal to that 12 afforded to other individuals. 13 (iii) S EPARATE BENEFIT.—It shall be 14 discriminatory to provide an individual or 15 class of individuals, on the basis of vac-16 cination status of such individual or class 17 of individuals, directly, or through contrac-18 tual, licensing, or other arrangements with 19 a good, service, facility, privilege, advan-20 tage, or accommodation that is different or 21 separate from that provided to other indi-22 viduals, unless such action is necessary to 23 provide the individual or class of individ-24 uals with a good, service, facility, privilege, 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 48 •S 181 IS advantage, or accommodation, or other op-1 portunity that is as effective as that pro-2 vided to others. 3 (iv) I NDIVIDUAL OR CLASS OF INDI -4 VIDUALS.—For purposes of clauses (i) 5 through (iii) of this subparagraph, the 6 term ‘‘individual or class of individuals’’ 7 refers to the clients or customers of the 8 covered public accommodation that enters 9 into the contractual, licensing or other ar-10 rangement. 11 (B) I NTEGRATED SETTINGS .—Goods, serv-12 ices, facilities, privileges, advantages, and ac-13 commodations shall be afforded to an individual 14 regardless of vaccination status in the most in-15 tegrated setting appropriate. 16 (C) O PPORTUNITY TO PARTICIPATE .—Not-17 withstanding the existence of separate or dif-18 ferent programs or activities provided in accord-19 ance with this section, an individual who has 20 not received a COVID–19 vaccine shall not be 21 denied the opportunity to participate in such 22 programs or activities that are not separate or 23 different. 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 49 •S 181 IS (D) ADMINISTRATIVE METHODS .—An indi-1 vidual or entity shall not, directly or through 2 contractual or other arrangements, utilize 3 standards or criteria or methods of administra-4 tion— 5 (i) that have the effect of discrimi-6 nating on the basis of vaccination status; 7 or 8 (ii) that perpetuate the discrimination 9 of others who are subject to common ad-10 ministrative control. 11 (E) A SSOCIATION.—It shall be discrimina-12 tory to exclude or otherwise deny equal goods, 13 services, facilities, privileges, advantages, ac-14 commodations, or other opportunities to an in-15 dividual or entity because of the vaccination 16 status of an individual with whom the indi-17 vidual or entity is known to have a relationship 18 or association. 19 (2) S PECIFIC PROHIBITIONS.— 20 (A) D ISCRIMINATION.—For purposes of 21 subsection (a), discrimination includes— 22 (i) the imposition or application of eli-23 gibility criteria that screen out or tend to 24 screen out an individual who has not had 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 50 •S 181 IS a COVID–19 vaccine or any class of such 1 individuals from fully and equally enjoying 2 any goods, services, facilities, privileges, 3 advantages, or accommodations, unless 4 such criteria can be shown to be necessary 5 for the provision of the goods, services, fa-6 cilities, privileges, advantages, or accom-7 modations being offered; and 8 (ii) a failure to make reasonable modi-9 fications in policies, practices, or proce-10 dures, when such modifications are nec-11 essary to afford such goods, services, facili-12 ties, privileges, advantages, or accommoda-13 tions to individuals who have not received 14 a COVID–19 vaccine, unless the entity can 15 demonstrate that making such modifica-16 tions would fundamentally alter the nature 17 of such goods, services, facilities, privi-18 leges, advantages, or accommodations. 19 (3) S PECIFIC CONSTRUCTION.—Nothing in this 20 title shall require an entity to permit an individual 21 to participate in or benefit from the goods, services, 22 facilities, privileges, advantages and accommodations 23 of such entity where such individual poses a direct 24 threat to the health or safety of others. The term 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 51 •S 181 IS ‘‘direct threat’’ means a significant risk to the 1 health or safety of others that cannot be eliminated 2 by a modification of policies, practices, or procedures 3 or by physical distancing, wearing a mask, or wear-4 ing personal protective equipment. 5 (c) D ISTANCING AND PPE.—Notwithstanding any 6 other provision of this section, an individual shall not be 7 considered to be discriminated against on the basis of vac-8 cination status in violation of this section if that individual 9 is required to engage in physical distancing, wear a mask, 10 or wear personal protective equipment. 11 SEC. 213. PROHIBITION OF DISCRIMINATION IN SPECIFIED 12 PUBLIC TRANSPORTATION SERVICES PRO-13 VIDED BY PRIVATE ENTITIES. 14 (a) G ENERALRULE.—No individual shall be dis-15 criminated against on the basis of vaccination status, or 16 the individual’s unwillingness or inability to present a vac-17 cine passport or other proof of vaccinations status, in the 18 full and equal enjoyment of specified public transportation 19 services provided by a private entity that is primarily en-20 gaged in the business of transporting people and whose 21 operations affect commerce. 22 (b) C ONSTRUCTION.—For purposes of subsection (a), 23 discrimination includes— 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 52 •S 181 IS (1) the imposition or application by an entity 1 described in subsection (a) of eligibility criteria that 2 screens out or tends to screen out an individual 3 based on vaccination status or any class of individ-4 uals based on vaccination status from fully enjoying 5 the specified public transportation services provided 6 by the entity, unless such criteria can be shown to 7 be necessary for the provision of the services being 8 offered; and 9 (2) the failure of such entity to make reason-10 able modifications, including physical distancing for 11 an unvaccinated individual or an unvaccinated indi-12 vidual wearing a mask or personal protective equip-13 ment, to the extent that the unvaccinated individual 14 interacts with individuals who are vulnerable to 15 COVID–19 and unvaccinated for COVID–19. 16 (c) D ISTANCING AND PPE.—Notwithstanding any 17 other provision of this section, an individual shall not be 18 considered to be discriminated against on the basis of vac-19 cination status in violation of this section if that individual 20 is required to engage in physical distancing, wear a mask, 21 or wear personal protective equipment. 22 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 53 •S 181 IS SEC. 214. EXEMPTIONS FOR PRIVATE CLUBS AND RELI-1 GIOUS ORGANIZATIONS. 2 The provisions of this subtitle shall not apply to pri-3 vate clubs or establishments exempted from coverage 4 under title II of the Civil Rights Act of 1964 (42 U.S.C. 5 2000–a(e)) or to religious organizations or entities con-6 trolled by religious organizations, including places of wor-7 ship. 8 SEC. 215. ENFORCEMENT. 9 (a) A VAILABILITY OF REMEDIES AND PROCE-10 DURES.—The remedies and procedures set forth in section 11 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a– 12 3(a)) are the remedies and procedures this subtitle pro-13 vides to any person who is being subjected to discrimina-14 tion on the basis of vaccination status in violation of this 15 subtitle or who has reasonable grounds for believing that 16 such person is about to be subjected to discrimination in 17 violation of this subtitle. Nothing in this section shall re-18 quire a person who has not received a COVID–19 vaccine 19 to engage in a futile gesture if such person has actual no-20 tice that a person or organization covered by this subtitle 21 does not intend to comply with its provisions. 22 (b) E NFORCEMENT BY THE ATTORNEYGENERAL.— 23 (1) D ENIAL OF RIGHTS.— 24 (A) A UTHORITY TO INVESTIGATE .—The 25 Attorney General shall have the authority to in-26 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 54 •S 181 IS vestigate alleged violations of this subtitle, and 1 shall undertake periodic reviews of compliance 2 of entities subject to this subtitle. 3 (B) P OTENTIAL VIOLATION.—If the Attor-4 ney General has reasonable cause to believe 5 that— 6 (i) any person or group of persons is 7 engaged in a pattern or practice of dis-8 crimination under this subtitle; or 9 (ii) any person or group of persons 10 has been discriminated against under this 11 subtitle and such discrimination raises an 12 issue of general public importance; 13 the Attorney General may commence a civil ac-14 tion in any appropriate United States district 15 court. 16 (2) A UTHORITY OF COURT .—In a civil action 17 under paragraph (1)(B), the court— 18 (A) may grant any equitable relief that 19 such court considers to be appropriate, includ-20 ing, to the extent required by this subtitle— 21 (i) granting temporary, preliminary, 22 or permanent relief; 23 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 55 •S 181 IS (ii) providing a modification of policy, 1 practice, or procedure, or alternative meth-2 od; and 3 (iii) making reasonable accommoda-4 tions for individuals who have not received 5 a COVID–19 vaccine; 6 (B) may award such other relief as the 7 court considers to be appropriate, including 8 monetary damages to individuals aggrieved 9 when requested by the Attorney General; and 10 (C) may, to vindicate the public interest, 11 assess a civil penalty against the entity subject 12 to this subtitle in an amount— 13 (i) not exceeding $50,000 for a first 14 violation; and 15 (ii) not exceeding $100,000 for any 16 subsequent violation. 17 (3) S INGLE VIOLATION.—For purposes of para-18 graph (2)(C), in determining whether a first or sub-19 sequent violation has occurred, a determination in a 20 single action, by judgment or settlement, that the 21 entity subject to this subtitle has engaged in more 22 than one discriminatory act shall be counted as a 23 single violation. 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 56 •S 181 IS (4) PUNITIVE DAMAGES .—For purposes of 1 paragraph (2)(B), the term ‘‘monetary damages’’ 2 and ‘‘such other relief’’ does not include punitive 3 damages. 4 (5) J UDICIAL CONSIDERATION .—In a civil ac-5 tion under paragraph (1)(B), the court, when con-6 sidering what amount of civil penalty, if any, is ap-7 propriate, shall give consideration to any good faith 8 effort or attempt to comply with this Act by the en-9 tity. In evaluating good faith, the court shall con-10 sider, among other factors it deems relevant, wheth-11 er the entity could have reasonably anticipated the 12 need for a reasonable accommodation for individuals 13 who have not received a COVID–19 vaccine. 14 SEC. 216. EFFECTIVE DATE. 15 This subtitle shall become effective 90 days after the 16 date of the enactment of this Act. 17 Subtitle C—Nondiscrimination by a 18 Public Entity and Access to Fed-19 eral Services 20 SEC. 221. NONDISCRIMINATION BY A PUBLIC ENTITY. 21 (a) I NGENERAL.—Subject to the provisions of this 22 subtitle, no qualified individual who has not received a 23 COVID–19 vaccine shall, by reason of such vaccination 24 status, including the qualified individual’s unwillingness or 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 57 •S 181 IS inability to present a vaccine passport or other proof of 1 having a COVID–19 vaccine, be excluded from participa-2 tion in or be denied the benefits of the services, programs, 3 or activities of a public entity, or be subjected to discrimi-4 nation by any such entity. 5 (b) R IGHTTOVOTESHALLNOTBEIMPAIRED.— 6 It shall be unlawful for any State or political subdivision, 7 as such term is used in the Voting Rights Act of 1965 8 (52 U.S.C. 10301 et seq.), to require or impose a require-9 ment that a voter or voters must present a vaccine pass-10 port or otherwise present information regarding their vac-11 cination status in order to exercise the right to vote, in-12 cluding to vote in person, in any election involving any 13 candidate for Federal office. 14 (c) R ULE OFCONSTRUCTION.—Notwithstanding sub-15 section (a), a public entity shall not be considered in viola-16 tion of subsection (a) if that public entity requires a quali-17 fied individual who has not received a COVID–19 vaccine 18 to engage in physical distancing, wear a mask, or wear 19 personal protective equipment. 20 (d) E NFORCEMENT.—The remedies, procedures, and 21 rights set forth in section 505 of the Rehabilitation Act 22 of 1973 (29 U.S.C. 794a) shall be the remedies, proce-23 dures, and rights this title provides to any person alleging 24 discrimination on the basis of status as a qualified indi-25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 58 •S 181 IS vidual who has not received a COVID–19 vaccine in viola-1 tion of this section. 2 (e) D EFINITIONS.— 3 (1) Q UALIFIED INDIVIDUAL WHO HAS NOT RE -4 CEIVED A COVID–19 VACCINE.—The term ‘‘qualified 5 individual who has not received a COVID–19 vac-6 cine’’ means an individual who— 7 (A) has voluntarily elected not to receive a 8 COVID–19 vaccine; and 9 (B) with or without reasonable modifica-10 tions to rules, policies, or practices, including 11 physical distancing, mask wearing, wearing per-12 sonal protective equipment, or undergoing a 13 COVID-related symptom check meets the essen-14 tial eligibility requirements for the receipt of 15 services or the participation in programs or ac-16 tivities provided by a public entity. 17 (2) P UBLIC ENTITY.—The term ‘‘public entity’’ 18 has the meaning given that term in section 201 of 19 the Americans with Disabilities Act of 1990 (42 20 U.S.C. 12131). 21 SEC. 222. ACCESS TO FEDERAL SERVICES. 22 (a) F EDERALSERVICES.— 23 (1) I N GENERAL.—No otherwise qualified indi-24 vidual who has not received a COVID–19 vaccine, 25 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 59 •S 181 IS shall, solely by reason of her or his vaccine status, 1 be excluded from the participation in, be denied the 2 benefits of, or be subjected to discrimination under 3 any program or activity receiving Federal financial 4 assistance or under any program or activity con-5 ducted by any Executive agency or by the United 6 States Postal Service. 7 (2) R EGULATIONS.—The head of each such 8 agency shall promulgate such regulations as may be 9 necessary to carry out this section. 10 (3) P ROGRAM OR ACTIVITY.—In this section the 11 term ‘‘program or activity’’ has the meaning given 12 that term in section 504 of the Rehabilitation Act of 13 1973 (29 U.S.C. 794). 14 (b) P ETITION; ACCESS TOPROPERTY.—An individ-15 ual’s right to petition the Federal Government and an in-16 dividual’s right to access Federal property shall not be af-17 fected because the individual is a qualified individual who 18 has not received a COVID–19 vaccine. Proof of COVID– 19 19 vaccination shall not be a requirement for access to 20 Federal property or Federal services, or for access to con-21 gressional grounds or services. 22 (c) E XCEPTIONRELATING TOADMISSION ANDDE-23 PARTURE OFALIENS.— 24 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 60 •S 181 IS (1) IN GENERAL.—Notwithstanding any other 1 provision of this Act, the Secretary of Homeland Se-2 curity may request, require, and collect vaccination 3 records providing evidence of vaccination for 4 COVID–19, SARS–CoV–2, or any variant of 5 COVID–19 or SARS–CoV–2 from any alien (as de-6 fined in section 101(a) of the Immigration and Na-7 tionality Act (8 U.S.C. 1101(a)) seeking admission 8 to the United States or departing the United States, 9 to the extent necessary to ensure public health. 10 (2) R ECORDKEEPING.—The Secretary of Home-11 land Security may maintain such evidence of vac-12 cination and any ancillary documentation for a pe-13 riod the Secretary considers necessary. 14 (3) P RIVACY.—Information collected or main-15 tained under paragraph (1) or (2) may not be trans-16 mitted or communicated to any entity or individual 17 other than an employee of the Department of Home-18 land Security designated by the Secretary of Home-19 land Security. 20 (4) R ULE OF CONSTRUCTION .—Nothing in this 21 subsection shall be construed to provide an alien a 22 right or an enforceable action relating to the admis-23 VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB 61 •S 181 IS sion of the alien to the United States or authoriza-1 tion to remain in the United States. 2 Æ VerDate Sep 11 2014 04:29 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6301 E:\BILLS\S181.IS S181 pbinns on DSKJLVW7X2PROD with $$_JOB