[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3868 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3868

      To protect individual liberty, ensure privacy, and prohibit 
 discrimination with respect to the vaccination status of individuals, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2021

 Mrs. Harshbarger introduced the following bill; which was referred to 
 the Committee on the Judiciary, and in addition to the Committees on 
 Energy and Commerce, Transportation and Infrastructure, Education and 
Labor, Foreign Affairs, Oversight and Reform, and House Administration, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``No Vaccine 
Passports for Americans Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Severability.
                      TITLE I--GENERAL PROVISIONS

           Subtitle A--Health Information Privacy Protections

Sec. 101. Prohibition on establishment of Federal vaccine passports and 
                            tracking 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 services 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.

    Congress finds as follows:
            (1) In December 2019, reports began circulating that 
        hospitals in Wuhan, China were seeing cases of a pneumonia-like 
        respiratory illness of unknown origins.
            (2) On December 31, 2019, an automated translation of a 
        Chinese media report about a novel respiratory outbreak was 
        posted to ProMED, one of the largest public emerging disease 
        and outbreak reporting systems used to promote communication 
        among infectious disease specialists, including scientists, 
        physicians, veterinarians, epidemiologists, and public health 
        professionals.
            (3) The ProMED posting prompted the World Health 
        Organization (WHO) to instruct its China Country Office to 
        request verification of the outbreak from the communist 
        government of the People's Republic of China.
            (4) In response to the WHO-prompted inquiry, the Wuhan 
        Municipal Health Commission issued its first public statement 
        on the outbreak, saying it had identified 27 cases.
            (5) On January 3, 2020, in what is clear conduct by the 
        Chinese government to cover up the origins and dangers posed by 
        the outbreak, Dr. Li Wenliang, a physician at Wuhan Central 
        Hospital, was reprimanded by local police in the Public 
        Security Bureau for spreading allegedly ``false statements'' 
        about the outbreak online.
            (6) On January 3, 2020, the Chinese Center for Disease 
        Control and Prevention (China CDC) Director-General Gao Fu told 
        the United States Centers for Disease Control and Prevention 
        (United States CDC) Director Robert Redfield about a pneumonia 
        outbreak in Wuhan, Hubei Province, China.
            (7) On January 6, 2020, the United States Department of 
        Health and Human Services (HHS) Secretary Alex M. Azar II and 
        United States CDC Director Redfield offered to send United 
        States CDC experts to China, and United States CDC issued a 
        ``Watch Level 1 Alert'' for Wuhan, meaning that the CDC 
        recognized a heightened risk for travelers, cautioning 
        travelers to use health precautions when traveling to areas in 
        China.
            (8) On January 11, 2020, a team led by Professor Yong-zhen 
        Zhang of Fudan University in Shanghai posted the genetic 
        sequence of the novel virus on an open-access platform, sharing 
        it with the world.
            (9) On January 14, 2020, the WHO tweeted, ``Preliminary 
        investigations conducted by the Chinese authorities have found 
        no clear evidence of human-to-human transmission of the novel 
        coronavirus (2019-nCoV) identified in Wuhan, China''. The WHO's 
        assertion has been proven false and completely contrary to 
        medical science given that there have been nearly 163,000,000 
        cases of infection worldwide, resulting in more than 3,380,000 
        deaths.
            (10) On January 20, 2020, China confirmed person-to-person 
        transmission of the novel coronavirus and infections among 
        medical workers.
            (11) On January 21, 2020, the United States CDC announced 
        the first COVID-19 case in the United States.
            (12) On January 30, 2020, WHO Director-General Tedros 
        declared the epidemic a Public Health Emergency of 
        International Concern, and President Donald J. Trump announced 
        the formation of the President's Coronavirus Task Force. In a 
        statement from the WHO regarding the second meeting of its 
        International Health Regulations (2005) Emergency Committee 
        regarding the outbreak of novel coronavirus (2019-nCoV), the 
        Committee specifically did ``not recommend any travel or trade 
        restriction based on the current information available''.
            (13) On January 31, 2020, President Trump suspended entry 
        into the United States of most foreigners who were physically 
        present in mainland China during the preceding 14-day period, 
        effective February 2, 2020, and Secretary Azar declared a 
        public health emergency for the United States to aid response 
        to the novel coronavirus.
            (14) On February 1, 2020, then-presidential candidate Joe 
        Biden recklessly downplayed the risk of the virus, suggesting 
        in a tweet that President Trump's efforts to limit the spread 
        of the virus were nothing more than ``hysteria, xenophobia, and 
        fear-mongering''.
            (15) Numerous individuals criticized these travel 
        restrictions. When asked ``if you had to, would you close down 
        the borders?'' to stop the spread of coronavirus, Senator 
        Bernie Sanders said, ``no''. When asked about these travel 
        restrictions, Representative Nancy Pelosi stated, ``[a]ctually 
        tens of thousands of people were allowed in from China, it 
        wasn't as it was described as this great moment''. WHO 
        Director-General Tedros Adhanom Ghebreyesus was reported to say 
        that widespread travel bans and restrictions were not needed to 
        stop the outbreak and could ``have the effect of increasing 
        fear and stigma, with little public health benefit''. 
        Reportedly, Representative Ami Bera stated that the travel ban 
        ``probably doesn't make sense'' since the outbreak had already 
        spread to several other countries, that such measures were 
        causing an antagonistic relationship with the Chinese, and such 
        mandatory quarantines ``may be overkill''.
            (16) Health experts have since noted that the early United 
        States restrictions imposed on travelers from China saved 
        American lives. Former CDC director Dr. Tom Frieden noted that 
        ``[t]he travel ban with China made a difference . . . It 
        resulted in a significant delay in the number of people coming 
        in with infection and because of that, that bought time in the 
        U.S. to better prepare.''. While testifying before the House of 
        Representatives, Dr. Anthony Fauci was asked if he believed 
        that the travel restrictions saved lives, to which Dr. Fauci 
        answered, ``yes, I do''.
            (17) On February 26, 2020, United States CDC confirmed a 
        case of COVID-19 in California in a person who reportedly did 
        not have relevant travel history or exposure to another known 
        patient with COVID-19.
            (18) On February 29, 2020, United States CDC reported the 
        first COVID-19 death in United States, though later public 
        reports indicated that the first death from COVID-19 may have 
        been weeks earlier.
            (19) In a 60 Minutes interview posted on March 8, 2020, Dr. 
        Anthony Fauci stated that ``right now in the United States, 
        people should not be walking around with masks . . . there's no 
        reason to be walking around with a mask. When you're in the 
        middle of an outbreak wearing a mask might make people feel a 
        little bit better, and it might even block a droplet, but it's 
        not providing the perfect protection that people think that it 
        is. And often, there are unintended consequences, people keep 
        fiddling with the masks, and they keep touching their face . . 
        . But, when you think masks, you should think of healthcare 
        providers needing them and people who are ill. The people who, 
        when you look at the films of foreign countries and you see 
        eight-five percent of the people wearing masks, that's fine. 
        That's fine. I'm not against it. If you want to do it, that's 
        fine . . . It could lead to a shortage of masks for the people 
        who really need it.''.
            (20) On April 3, 2020, United States CDC updated its 
        guidance on facial coverings, recommending that Americans wear 
        facial coverings in public settings and especially when social 
        distancing measures are difficult to maintain.
            (21) On May 15, 2020, the Trump administration announced 
        the establishment of Operation Warp Speed, a public-private 
        partnership to expedite the timeline for development, large 
        scale manufacturing, and delivery of a safe and effective 
        COVID-19 vaccine to the American public. The initial goal of 
        the project was to develop at least 1 vaccine and begin 
        administering it to Americans before the end of 2020. As 
        reported on BioCentury, Dr. Anthony Fauci noted that the 
        fastest a vaccine might be ready for use in an emergency would 
        be 1 year, although the process could take up to 2 years. 
        Before the Senate on March 3, 2020, Dr. Fauci stated that the 
        process would likely take at least 1 to 1\1/2\ years to have a 
        vaccine that could be administered to American persons. Some, 
        such as the analytics firm Clarivate, concluded that it might 
        take at least 5 years for the leading vaccine candidates, like 
        Moderna, to complete the development process through full 
        regulatory approval.
            (22) Operation Warp Speed and other government actions sped 
        COVID-19 vaccine development by enabling typical vaccine 
        development steps to be taken simultaneously with manufacturing 
        and distribution planning. As part of these actions, the 
        Federal Government made investments in critical manufacturing 
        capacity, giving pharmaceutical companies confidence that if 
        they invested in developing a vaccine, once the vaccine 
        received authorization from the Food and Drug Administration, 
        these companies would be able to immediately begin distributing 
        the vaccine.
            (23) Despite efforts to speed vaccine development to 
        address the COVID-19 pandemic, the emergency use authorization 
        (EUA) process utilized by the Food and Drug Administration 
        (FDA) appears to have met rigorous safety and efficacy 
        standards.
            (24) On July 14, 2020, United States CDC issued stronger 
        recommendations to wear masks as a strategy for preventing the 
        spread of COVID-19. United States CDC Director Robert Redfield, 
        in a news release from the agency, identified masks as ``one of 
        the most powerful weapons we have to slow and stop the spread 
        of the virus''.
            (25) On December 11, 2020, the FDA issued the first EUA for 
        a vaccine for the prevention of COVID-19 in individuals 16 
        years of age and older. The EUA allowed the Pfizer-BioNTech 
        COVID-19 Vaccine to be distributed in the United States.
            (26) On December 18, 2020, the FDA issued an EUA for the 
        second vaccine for the prevention of COVID-19 in individuals 16 
        years of age and older. The EUA allowed the Moderna COVID-19 
        Vaccine to be distributed in the United States for use in 
        individuals 18 years of age and older.
            (27) On February 27, 2021, the FDA issued an EUA for the 
        third vaccine for the prevention of COVID-19. The EUA allowed 
        the Janssen COVID-19 Vaccine to be distributed in the United 
        States for use in individuals 18 years of age and older.
            (28) Because of the hard work of countless Americans, this 
        public-private partnership, and the funding and support from 
        Congress, multiple safe and effective COVID-19 vaccines have 
        been, and are still being, developed and manufactured, and, as 
        of May 16, 2021, about 273,000,000 vaccine doses had been 
        administered in the United States.
            (29) Despite the successful development and rollout of the 
        current COVID-19 vaccines, it is not fully known whether these 
        vaccines will protect people from the emergence and potential 
        future emergence of variants of SARS-CoV-2, the virus that 
        causes COVID-19.
            (30) The emergence of future variants of SARS-CoV-2 could 
        require that the United States continue to develop new COVID-19 
        vaccines and that people receive a COVID-19 booster shot on a 
        regular, potentially annual, basis to maintain immunity.
            (31) According to the FDA fact sheets on COVID-19 vaccines, 
        there are certain populations for whom existing COVID-19 
        vaccines are not indicated or authorized or for whom there is 
        insufficient data to inform vaccine-related risks including--
                    (A) people with severe allergies to vaccine 
                components or who are immunocompromised;
                    (B) people with certain pre-existing conditions 
                such as bleeding disorders and women who are pregnant, 
                trying to get pregnant, or breastfeeding; and
                    (C) children under the age of 18.
            (32) Because of potential risks that the vaccine poses to 
        certain people, it is important that every patient is able to 
        consult his or her doctor to determine whether one of the 
        COVID-19 vaccines is appropriate for that patient.
            (33) Consistent with fundamental human rights, and medical 
        and legal ethics and proper standards of medical care, every 
        American has the right to ``informed consent'' with respect to 
        medical treatment, meaning that he or she has a right to be 
        fully informed about the nature of his or her health care and 
        to participate in and voluntarily make decisions related to his 
        or her care. In addition, every patient has a right to medical 
        privacy to expect that the decisions and nature of care will be 
        kept confidential by his or her health care provider and anyone 
        who has access to the individual's medical records, including 
        vaccination records.
            (34) At various times in history, governments and medical 
        professionals have violated these and other inherent rights 
        including by coercing patients, failing to properly inform 
        patients of, or even intentionally begin deceptive with 
        patients about, their rights and the risks inherent with 
        various medical procedures, experiments, and studies--including 
        the Tuskegee syphilis experiments, forced sterilization, 
        lobotomy procedures, electro-shock therapy, certain 
        psychological studies, collection and utilization of 
        individuals' cells and parts of their body, or from fetal 
        tissue of a patient's offspring, without knowledge or consent, 
        and eugenics laws.
            (35) The absence of informed consent not only constitutes a 
        violation of medical ethics and standards of care, in some 
        cases, treatment may also constitute a crime, such as battery.
            (36) Criminal battery stemming from violations of medical 
        ethics and informed consent standards have led to a significant 
        degree of distrust of the government, public health officials, 
        and medical professionals by certain groups and communities 
        including among the most vulnerable populations such as ethnic 
        minorities, immigrants, economically disadvantaged, unmarried 
        mothers, those with disabilities, and those with mental 
        illnesses.
            (37) On January 12, 2021, United States CDC issued an order 
        requiring proof of a negative COVID-19 test for all air 
        passengers arriving from a foreign country to the United 
        States, and on February 14, 2021, the United States CDC 
        announced it would not recommend required testing for domestic 
        air travel.
            (38) On March 19, 2021, the WHO released draft 
        recommendations for a Smart Vaccine Certificate--what amounts 
        to a form of a ``vaccine passport'' that would, per WHO's 
        ``Smart Vaccination Certificate Working Group'', ``support 
        COVID-19 vaccine delivery and monitoring'' and to serve 
        ``current and future requirements, toward the dual purposes of 
        (1) supporting continuity of care; and (2) cross-border uses''.
            (39) The International Air Transport Association has 
        developed the Travel Pass Initiative to gather information on 
        entry and exit testing requirements, allow passengers to create 
        a digital passport that verifies testing and vaccination 
        status, and establish the capability of sharing health data 
        with government authorities.
            (40) The European Commission has proposed a Digital Green 
        Certificate on March 17, 2021, to prove a passenger's 
        vaccination status, test results, and COVID-19 antibodies that 
        may be adopted by a country for public health restrictions.
            (41) The State of New York is testing a vaccine 
        certification to be used for admission into public events.
            (42) More than 225 companies and organizations are involved 
        in what is known as the Vaccination Credential Initiative, a 
        program intended to establish standards for developers to build 
        digital vaccine passports.
            (43) On April 2, 2021, the United States CDC announced 
        vaccinated people could travel safely. On April 5, 2021, the 
        United States CDC recommended, but did not require, passengers 
        to be vaccinated, though cruise ships are still not permitted 
        to resume normal operations.
            (44) The White House, while saying the COVID-19 Task Force 
        will not create a vaccine passport, has engaged in a multi-
        agency coordination effort led by the Office of the National 
        Coordinator for Health Information Technology to develop 
        criteria and principles for a vaccine passport created by the 
        private sector.
            (45) The private sector, which includes many large 
        technology companies that previously have shown disregard for 
        privacy and a willingness to engage in censorship of Americans 
        while bowing to the will of the Chinese Communist party, are 
        pursuing digital vaccine passports that can be adopted by 
        governments and other public establishments to authenticate 
        personal health information.
            (46) During a March 2, 2021, virtual meeting lead by the 
        Federal Health IT Coordinating Council on behalf of the Biden 
        Administration, a slide presentation included the following: 
        ``Proof of individual COVID-related health status is likely to 
        be an important component of pandemic response, proof of 
        immunization will likely become a major, if not the primary, 
        form of health status validation,'' and a ``unified Federal 
        approach [is] required to ensure Federal activities are working 
        toward the same common goals for vaccine [passports].'' 
        Additionally, the presentation suggested the Biden 
        Administration expects that ``Federal entities'' would ``likely 
        require vaccine verification for a variety of purposes'' and 
        that the ``Federal government will inevitably by involved with 
        vaccine credential solutions . . . .''.
            (47) The Federal Health IT Coordinating Council also listed 
        a number of international organizations and private companies 
        that are working on the development of vaccine passports.
            (48) The development, implementation, and utilization of 
        vaccine passports, whether by Federal or State government, or 
        the private sector, has the potential for significant misuse 
        and abuse, leading to the denial of constitutionally protected 
        freedoms such as freedom of association and freedom of 
        movement, and could allow the government or corporate interests 
        to begin to track people's health status on a large-scale 
        basis.
            (49) There currently exists no clear regulatory framework 
        to fully protect the privacy of United States citizens and 
        United States nationals with respect to their vaccination 
        records and negative COVID-19 test results.
            (50) The widespread utilization of vaccine passports will 
        certainly lead to discrimination by businesses that provide 
        public accommodations as they could begin to require a customer 
        to demonstrate his or her health status, through the 
        presentment of a vaccine passport or other ``papers'' or by 
        requiring that the customer disclose his or her protected 
        health information, before the business agrees to serve or 
        otherwise do business with such individual, meaning the denial 
        of service in such cases could be based on an individual's 
        disability, health status, or familial status, such as a 
        restaurant denying service to a man who has not been vaccinated 
        based on the advice of his doctor due to a previous anaphylaxis 
        (allergic) reaction to an ingredient found in the COVID-19 
        vaccines.
            (51) The widespread acceptance of vaccine passports could 
        also lead to employment discrimination, where employers take 
        adverse employment actions against employees who are not 
        vaccinated because of an underlying health condition and 
        without regard to the Americans with Disabilities Act of 1990 
        (42 U.S.C. 12101 et seq.) (ADA), which requires an interactive 
        process whereby the employer follows the law to assess if the 
        employee can and should be reasonably accommodated under the 
        ADA. For example, without proper disability protections, an 
        employer could terminate a female employee who has not been 
        vaccinated based on the advice of her doctor simply because she 
        is pregnant.
            (52) In February 2021, a business in New York told its 
        employees that the business was instituting a vaccine mandate 
        and, when a woman who worked there decided against getting a 
        COVID-19 vaccine because she was trying to get pregnant, she 
        was told her employment was being terminated.
            (53) In March 2021, a woman in Cumberland County, 
        Pennsylvania was suspended from her job after her employer 
        issued a vaccine mandate for its employees. The woman, who said 
        she is not anti-vaccination, wanted sufficient time to consult 
        with her doctor to see if the vaccine was appropriate for her.
            (54) For women who are pregnant or breastfeeding, the CDC 
        has indicated that ``the potential risks of COVID-19 vaccines 
        to the pregnant person and the fetus are unknown because these 
        vaccines have not been studied in pregnant people''. 
        Accordingly, it is highly likely that the implementation and 
        use of vaccine passports, refusal to provide services to 
        unvaccinated persons, and decision by employers to impose a 
        vaccine mandate and to take adverse employment actions against 
        unvaccinated employees, are likely to be unfair and 
        discriminatory, disparately impacting women because of their 
        sex.
            (55) Given that several COVID-19 vaccines are not 
        recommended for children under the age of 12, the 
        implementation and widespread utilization of vaccine passports 
        could lead to the refusal to provide services to unvaccinated 
        persons, such as the denial of services to families with small 
        children, meaning certain vaccine-related policies could lead 
        to age or familial-status-related discrimination.
            (56) The denial of public services and public 
        accommodations, as well as adverse employment actions, based on 
        COVID-19 vaccination status, lack of or refusal to present a 
        vaccine passport, refusal to get vaccinated, or requiring an 
        individual to explain the underlying reason why they are not 
        vaccinated, could constitute unlawful discrimination, including 
        as to sex, age, familial status, disability, or based on 
        genetic or other health condition.
            (57) Any United States person that requests the vaccine 
        records of a United States individual, including data such as a 
        copy or other digital record of a vaccine passport or similar 
        proof of vaccination, should be regarded as having collected 
        ``protected health information'' and should be regarded as a 
        ``covered entity'' as defined under the Health Insurance 
        Portability and Accountability Act of 1996 (Public Law 104-
        191).
            (58) The policy of the United States is to recognize, 
        defend, and protect the inherent rights of the individual, 
        including the right to privacy, the right of liberty, the right 
        to be secure in one's person, the right of the individual to be 
        informed about any medical procedures, treatment, or 
        vaccination, and the right of the individual to provide or 
        withhold consent to such procedures, treatment, or vaccination.
            (59) Congress recognizes that special vigilance is 
        required, especially in times of crisis or emergency to ensure 
        that government agencies do not try to take advantage of, 
        manipulate, or enflame public fear, stoke hatred of minority 
        groups, or increase intolerance toward the diversity that 
        builds our Nation.
            (60) Congress finds that there is a clear need for the 
        Federal Government to take specific action to restore public 
        trust by protecting the privacy and voluntary informed consent 
        rights of patients specifically regarding vaccinations and an 
        individual's vaccination records.
            (61) Furthermore, the protection of such individual rights 
        to make one's own medical decisions in consultation with his or 
        her health care provider without fear of coercion, forced 
        vaccination, loss of civil liberties, or risk of adverse 
        employment action is especially needed at a time when it is 
        critical for our Nation to increase public trust in 
        vaccinations and increase vaccination rates in order to end the 
        COVID-19 pandemic.

SEC. 3. SEVERABILITY.

    (a) In General.--If any provision of this Act, or an amendment made 
by this Act, or the application of any such provision or amendment to 
any person or circumstance is declared invalid or unconstitutional, the 
remainder of this Act, including any amendment made by this Act, and 
the application of such provisions and amendments to any person or 
circumstance shall not be affected.
    (b) Effect of Partial Invalidation, Repeal, or Amendment.--The 
invalidation, repeal, or amendment of any part of this Act, or 
amendment made by this Act, does not release or extinguish any penalty, 
forfeiture, or liability incurred or right accruing or accrued under 
this Act (or amendment), unless the invalidation, repeal, or amendment 
so provides expressly. This Act, and amendments made by this Act, shall 
be treated as remaining in force for the purpose of sustaining any 
proper action or prosecution for the enforcement of the right, penalty, 
forfeiture, or liability pursuant to the previous sentence.

                      TITLE I--GENERAL PROVISIONS

           Subtitle A--Health Information Privacy Protections

SEC. 101. PROHIBITION ON ESTABLISHMENT OF FEDERAL VACCINE PASSPORTS AND 
              TRACKING OF INDIVIDUALS.

    (a) In General.--No Federal funds may be used to create, establish 
or collaborate in the establishment of any Federal, State, private, or 
international vaccine passport system, vaccine tracking database, or 
similar system or in the creation or adoption of any related guidelines 
or standards, under which Federal, State, or international government 
agencies or private companies would be able to monitor or track 
individuals who have been vaccinated against COVID-19, or which could 
otherwise be used to limit the freedom of movement or the freedom of 
association of individuals based on their COVID-19 vaccination status.
    (b) Personal Privacy.--To the extent any Federal department or 
agency has received, obtained, collected, aggregated, stored, or is 
otherwise in possession of any data or records from officials, 
including public health officials, in any State, the District of 
Columbia, or any territory, or any third party who administered or has 
information related to the administration of any COVID-19 vaccinations, 
including health care providers and insurers, such data and records 
about any individuals' vaccination status shall be destroyed by the 
Federal department or agency and, if in digital form, that data record 
shall be deleted in its entirety within 30 days of the enactment of 
this Act.
    (c) Reporting.--For any Federal department or agency that has 
received and subsequently destroyed COVID-19 data or records as 
required by this section, the head of such agency shall, not later than 
15 days after such data or records have been destroyed, submit a sworn 
affidavit, subject to penalty of perjury, to Congress confirming that 
he or she has personally assured such data or records have been 
destroyed.
    (d) Criminal Penalties.--Any person who knowingly makes or is 
responsible for the inclusion of a statement or representation in an 
affidavit under subsection (c) that is materially false, fictitious, or 
fraudulent shall be fined not more than $10,000, imprisoned not more 
than 1 year, or both.
    (e) Prohibition on Federal Issuance or Vaccine Passport or Similar 
Documentation and Prohibition on Vaccination Requirement To Enter 
Federal Property or Services.--
            (1) In general.--No Federal department or agency may issue 
        a vaccine passport, vaccine pass, or other standardized 
        documentation for the purpose of certifying the COVID-19 
        vaccination status of a citizen of the United States to a third 
        party, or otherwise publish or share any COVID-19 vaccination 
        record of a citizen of the United States, or similar health 
        information.
            (2) Access to federal property and services.--Proof of 
        COVID-19 vaccination shall not be deemed a requirement for 
        access to Federal property or Federal services, or for access 
        to congressional grounds or services.
    (f) Exceptions.--
            (1) Deidentified or anonymized information for certain 
        purposes.--The prohibition described in subsection (a) shall 
        not apply to the aggregation and sharing of information that 
        has been deidentified or anonymized if such information is used 
        for purposes of Federal, State, or local public health 
        reporting or academic studies, provided that the recipient of 
        such information does not have the capability to reconstruct 
        the data in any way that would allow for the determination of 
        the vaccination status of any individual.
            (2) Limited use of information with respect to federal 
        employees.--The prohibition described in subsection (a) and the 
        requirement described in subsection (b) shall not apply to the 
        possession by a Federal department or agency of COVID-19 
        vaccination data or records pertaining to any employee of such 
        department or agency where such data or records will be used 
        solely to determine if such employee would be eligible to gain 
        admission to a foreign country during international travel in 
        furtherance of the employee's official duties.

SEC. 102. VACCINE STATUS PROTECTIONS UNDER HIPAA PRIVACY REGULATIONS.

    (a) In General.--The Secretary of Health and Human Services shall 
amend the regulations promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
note) to establish the following:
            (1) Reporting by covered entities to public health entities 
        of non-anonymized protected health information related to an 
        individual's vaccination status is not permissible, even during 
        public health emergencies, without express patient consent.
            (2) Any United States person that requests the vaccine 
        records of a United States individual shall be deemed to be a 
        covered entity for purposes of such request.
            (3) With respect to any individual who shares their vaccine 
        status with any covered entity, the covered entity shall comply 
        with any request from such individual to--
                    (A) delete all protected health information that 
                identifies the individual's vaccination status, 
                including in relation to any records shared with the 
                covered entities' business associates, in all active 
                and inactive databases; and
                    (B) provide to such individual written confirmation 
                of such deletion.
    (b) Definitions.--In this section, the terms ``business 
associate'', ``covered entity'', ``protected health information'' have 
the meanings given such terms in section 160.103 of title 21, Code of 
Federal Regulations (or any successor regulations).

                   Subtitle B--Consent to Vaccination

SEC. 111. VACCINATIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 117 the following:

                      ``CHAPTER 117A--VACCINATIONS

``Sec. 2431. Vaccinations
    ``(a) Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful to--
                    ``(A) require any United States person to receive a 
                vaccine that has only received authorization by the 
                Food and Drug Administration through an emergency use 
                authorization pursuant to section 564 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), or 
                that has received such authorization prior to receiving 
                full approval or licensure under section 505 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or 
                section 351 of the Public Health Service Act (42 U.S.C. 
                262); or
                    ``(B) vaccinate with a vaccine that has only 
                received authorization by the Food and Drug 
                Administration through such an emergency use 
                authorization, or that has received such authorization 
                prior to receiving such full approval or licensure--
                            ``(i) an individual under the age of 18; or
                            ``(ii) an individual that lacks the 
                        capacity to exercise the right to consent to be 
                        vaccinated.
            ``(2) Exceptions.--Paragraph (1) shall not apply if the 
        individual, or if the individual is a minor or is otherwise 
        unable to consent, a parent, guardian, conservator, or 
        attorney-in-fact of the individual, provides consent to be 
        vaccinated.
            ``(3) Sunset.--This subsection shall cease to have force or 
        effect on the date that is 5 years after the date of enactment 
        of this section.
    ``(b) Right To Be Informed.--Any person that administers a vaccine 
for the coronavirus disease 2019 (COVID-19) shall, consistent with 
medical ethics and applicable informed consent laws of the State in 
which the vaccine is administered and any applicable Federal 
regulations related to informed consent laws, disclose to any 
individual, before the vaccine is administered, the risks associated 
with the vaccine so that the individual can make an informed decision.
    ``(c) Protecting Privacy.--
            ``(1) In general.--Except as provided in subparagraph (B), 
        it shall be unlawful for any person to publicly disclose 
        information about the COVID-19 vaccination status of an 
        individual without the express consent of the individual if the 
        individual provided the information to the person--
                    ``(A) as an employee in the context of an employer-
                employee relationship;
                    ``(B) as an independent contractor where the 
                vaccination status was provided to the person to whom 
                the contractor is providing services;
                    ``(C) as a consumer in the context of any consumer 
                transaction;
                    ``(D) as a patient in order to obtain medical care 
                or health-related services from any health care 
                provider; or
                    ``(E) the user of any technology application, 
                platform, or service.
            ``(2) Requirements.--For purposes of this subsection, an 
        individual does not provide express consent to the disclosure 
        of a COVID-19 vaccination status unless--
                    ``(A) the individual agrees to the circumstances of 
                disclosure in writing; and
                    ``(B) the agreement is not conditioned on or 
                contained within any other agreement.
            ``(3) Exception.--Paragraph (1) shall not apply if the 
        parent or guardian of the individual provides consent to the 
        disclosure described in that subparagraph.
    ``(d) Criminal Penalties.--Whoever knowingly violates subsection 
(a) or (c) shall be imprisoned no more than 1 year, fined in accordance 
with this title, or both.
    ``(e) Civil Penalties.--Any person who receives the COVID-19 
vaccination status of an individual under circumstances that would 
create a reasonable expectation of privacy in that status, including 
the circumstances listed in subparagraphs (A) through (E) of subsection 
(c)(1), and who either intentionally or negligently discloses that 
status to the public without the consent of the individual shall be 
subject to a civil fine not to exceed $25,000 per disclosure or any 
actual damages suffered.
    ``(f) Preemption.--This section does not annul, alter, or affect 
any law of any State or local government that provides a greater level 
of privacy than the provisions in this section.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 18, United States Code, is amended by inserting after 
the item relating to section 117 the following:

``117A. Vaccinations........................................    2431''.

  TITLE II--PROHIBITION OF DISCRIMINATION BASED ON VACCINATION STATUS

              Subtitle A--Nondiscrimination in Employment

SEC. 201. DEFINITIONS.

    In this section:
            (1) ADA terms.--The terms ``direct threat'' and ``undue 
        hardship'' have the meaning given those terms in section 101 of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12111).
            (2) Covered entity.--The term ``covered entity''--
                    (A) has the meaning given the term ``respondent'' 
                in section 701(n) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(n)); and
                    (B) includes--
                            (i) an employer, which means a person 
                        engaged in industry affecting commerce who has 
                        15 or more employees as defined in section 
                        701(b) of title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e(b)); and
                            (ii) an entity to which section 717(a) of 
                        the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                        16(a)) applies.
            (3) Employee.--The term ``employee'' means--
                    (A) an employee (including an applicant), as 
                defined in section 701(f) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e(f)); and
                    (B) an employee (including an applicant) to which 
                section 717(a) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16(a)) applies.
            (4) Person; commerce; industry affecting commerce.--The 
        terms ``person'', ``commerce'', and ``industry affecting 
        commerce'' shall have the same meaning given such terms in 
        section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
            (5) Qualified employee.--The term ``qualified employee'' 
        means an employee or applicant who, with or without reasonable 
        accommodation, can perform the essential functions of the 
        employment position. For the purposes of this title, 
        consideration shall be given to the employer's judgment as to 
        what functions of a job are essential, and if an employer has 
        prepared a written description before advertising or 
        interviewing applicants for the job, this description shall be 
        considered evidence of the essential functions of the job.
            (6) Reasonable accommodation.--The term ``reasonable 
        accommodation'' may include--
                    (A) job restructuring, modified work schedules, 
                telework, reassignment to a vacant position, or wearing 
                a mask or personal protective equipment; and
                    (B) physical distancing for an unvaccinated 
                individual or an unvaccinated individual wearing a mask 
                or personal protective equipment, to the extent that 
                the unvaccinated individual interacts with individuals 
                who are vulnerable to COVID-19 and unvaccinated for 
                COVID-19.
            (7) Vaccination status.--The term ``vaccination status'' 
        means--
                    (A) an individual's status based on the voluntary 
                election to receive or not to receive a COVID-19 
                vaccine; and
                    (B) regardless of whether someone has or has not 
                been vaccinated against COVID-19, an individual's 
                status with respect to having or producing proof of 
                such vaccination in the form of a vaccine passport or 
                other medical records that would demonstrate whether an 
                individual has been vaccinated against COVID-19.

SEC. 202. DISCRIMINATION PROHIBITED.

    (a) General Rule.--No covered entity shall discriminate against a 
qualified employee on the basis of vaccination status, or the qualified 
employee's unwillingness or inability to present a vaccine passport or 
other proof of having a COVID-19 vaccine, in regard to job application 
procedures, the hiring, advancement, or discharge of employees, 
employee compensation, job training, and other terms, conditions, and 
privileges of employment.
    (b) Construction.--
            (1) In general.--As used in subsection (a), the term 
        ``discriminate against a qualified employee on the basis of 
        vaccination status'' includes--
                    (A) limiting, segregating, or classifying an 
                employee in a way that adversely affects the 
                opportunities or status of such employee because of the 
                vaccination status of such employee;
                    (B) participating in a contractual or other 
                arrangement or relationship that has the effect of 
                subjecting a covered entity's qualified employee based 
                on vaccination status to the discrimination prohibited 
                by this title (such relationship includes a 
                relationship with an employment or referral agency, 
                labor union, an organization providing fringe benefits 
                to an employee of the covered entity, or an 
                organization providing training and apprenticeship 
                programs);
                    (C) utilizing standards, criteria, or methods of 
                administration--
                            (i) that have the effect of discrimination 
                        on the basis of vaccination status; or
                            (ii) that perpetuate the discrimination of 
                        others who are subject to common administrative 
                        control;
                    (D) excluding or otherwise denying equal benefits 
                to a qualified employee because of the known 
                vaccination status of an individual with whom the 
                qualified employee is known to have a relationship or 
                association;
                    (E)(i) not making reasonable accommodations based 
                on vaccination status for an otherwise qualified 
                employee, unless such covered entity can demonstrate 
                that the accommodation would impose an undue hardship 
                on the operation of the business of such covered 
                entity; or
                    (ii) denying employment opportunities to an 
                employee who is an otherwise qualified employee based 
                on vaccination status, if such denial is based on the 
                need of such covered entity to make reasonable 
                accommodation based on the vaccination status of the 
                qualified employee; and
                    (F) using qualification standards, employment 
                tests, or other selection criteria that screen out or 
                tend to screen out an individual or a class of 
                individuals based on vaccination status unless the 
                standard, test or other selection criteria, as used by 
                the covered entity, is shown to be job-related for the 
                position in question and is consistent with business 
                necessity.
            (2) Exclusions.--Notwithstanding any other provision of 
        this section, the term ``discriminate against a qualified 
        individual on the basis of vaccination status'' does not 
        include--
                    (A) requiring physical distancing by or from 
                individuals who are particularly vulnerable to COVID-19 
                or have not been fully vaccinated for COVID-19;
                    (B) requiring a qualified employee to wear a mask 
                or to utilize other personal protective equipment; or
                    (C) conducting any symptom check as described in 
                subsection (d)(3).
    (c) Covered Entities in Foreign Countries.--It shall not be 
unlawful under this section for a covered entity to take any action 
that constitutes discrimination under this section with respect to an 
employee in a workplace in a foreign country if compliance with this 
section would cause such covered entity to violate the law of the 
foreign country in which such workplace is located.
    (d) Medical Examinations and Inquiries.--
            (1) In general.--Consistent with paragraph (2), the 
        prohibition against discrimination as referred to in subsection 
        (a) shall include medical examinations designed to reveal a 
        qualified employee's vaccination status and inquiries about a 
        qualified employee's vaccination status or reasons for choosing 
        not to receive a COVID-19 vaccine.
            (2) Prohibited examinations and inquiries.--A covered 
        entity shall not require a medical examination designed to 
        reveal a qualified employee's vaccination status and shall not 
        make inquiries of an employee as to the vaccination status of 
        the employee or reasons for choosing not to receive a COVID-19 
        vaccine unless such examination or inquiry is shown to be job-
        related and consistent with business necessity.
            (3) Symptom checks permitted.--Notwithstanding any other 
        provision of this title, a covered entity may implement basic 
        health screenings that ask individuals if they have symptoms 
        associated with COVID-19 as long as the covered entity does not 
        discriminate against a qualified employee, as described in 
        subsection (a), based on those symptoms, provided that the 
        covered entity does not discriminate on the basis of 
        vaccination status when taking any action in response to any 
        symptom check.

SEC. 203. DEFENSES.

    (a) In General.--It may be a defense to a charge of discrimination 
under this title that an alleged application of qualification 
standards, tests, or selection criteria that screen out or tend to 
screen out or otherwise deny a job or benefit to a qualified employee 
based on vaccination status has been shown to be job-related and 
consistent with business necessity, and such performance cannot be 
accomplished by reasonable accommodation, as required under this title.
    (b) Religious Entities.--
            (1) In general.--This title shall not prohibit a religious 
        corporation, association, educational institution, or society 
        from giving preference in employment to individuals of a 
        particular religion to perform work connected with the carrying 
        on by such corporation, association, educational institution, 
        or society of its activities.
            (2) Religious tenets requirement.--Under this title, a 
        religious organization may require that all applicants and 
        employees conform to the religious tenets of such organization.

SEC. 204. REMEDIES AND ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in sections 705, 706, 707, 709, 710, and 711 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the 
        Commission, the Attorney General, or any person alleging a 
        violation of title VII of such Act (42 U.S.C. 2000e et seq.) 
        shall be the powers, remedies, and procedures this Act provides 
        to the Commission, the Attorney General, or any person, 
        respectively, alleging an unlawful employment practice in 
        violation of this title against an employee described in 
        section 201(3)(A) except as provided in paragraphs (2) and (3) 
        of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers, 
        remedies, and procedures this Act provides to the Board or any 
        person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this title provides to the Board or any person 
        alleging such practice (not an employment practice specifically 
        excluded from coverage under section 1977A(a)(1) of the Revised 
        Statutes).
    (b) Employees Covered by Section 717 of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16) to the Commission, the Attorney General, the 
        Librarian of Congress, or any person alleging a violation of 
        that section shall be the powers, remedies, and procedures this 
        title provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this title against 
        an employee described in section 201(3)(B), except as provided 
        in paragraphs (2) and (3) of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers, 
        remedies, and procedures this Act provides to the Commission, 
        the Attorney General, the Librarian of Congress, or any person 
        alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this title provides to the Commission, the Attorney 
        General, the Librarian of Congress, or any person alleging such 
        practice (not an employment practice specifically excluded from 
        coverage under section 1977A(a)(1) of the Revised Statutes).
    (c) Prohibition Against Retaliation.--
            (1) In general.--No person shall discriminate against any 
        employee because such employee has opposed any act or practice 
        made unlawful by this title or because such employee made a 
        charge, testified, assisted, or participated in any manner in 
        an investigation, proceeding, or hearing under this title.
            (2) Prohibition against coercion.--It shall be unlawful to 
        coerce, intimidate, threaten, or interfere with any individual 
        in the exercise or enjoyment of, or on account of such 
        individual having exercised or enjoyed, or on account of such 
        individual having aided or encouraged any other individual in 
        the exercise or enjoyment of, any right granted or protected by 
        this title.
            (3) Remedy.--The remedies and procedures otherwise provided 
        for under this section shall be available to aggrieved 
        individuals with respect to violations of this subsection.
    (d) Limitation.--Notwithstanding subsections (a)(3) and (b)(3), if 
an unlawful employment practice involves the provision of a reasonable 
accommodation pursuant to this title or regulations implementing this 
title, damages may not be awarded under section 1977A of the Revised 
Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good 
faith efforts, in consultation with the qualified employee, to identify 
and make a reasonable accommodation that would provide such employee 
with an equally effective opportunity and would not cause an undue 
hardship on the operation of the covered entity.

         Subtitle B--Nondiscrimination in Public Accommodation

SEC. 211. DEFINITIONS.

    In this subtitle:
            (1) ADA terms.--The terms ``commerce'', ``commercial 
        facilities'', ``private entity'', and ``public accommodation'' 
        have the meanings given those terms in section 301 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
            (2) Individual who has not received a covid-19 vaccine.--
        The term ``individual who has not received a COVID-19 vaccine'' 
        means an individual who has not received a COVID-19 vaccine or 
        who does not have or cannot produce proof of having such a 
        vaccine.
            (3) Vaccination status.--The term ``vaccination status'' 
        means--
                    (A) an individual's status based on the voluntary 
                election to receive or not to receive a COVID-19 
                vaccine; and
                    (B) regardless of whether someone has or has not 
                been vaccinated against COVID-19, an individual's 
                status with respect to having or producing proof of 
                such vaccination in the form of a vaccine passport or 
                other medical records that would demonstrate whether an 
                individual has been vaccinated against COVID-19.

SEC. 212. PROHIBITION OF DISCRIMINATION BY PLACES OF PUBLIC 
              ACCOMMODATION.

    (a) General Rule.--Subject to the provisions of this subtitle, no 
individual shall be discriminated against on the basis of vaccination 
status, or the individual's unwillingness or inability to present a 
vaccine passport or other proof of having a COVID-19 vaccine, in the 
full and equal enjoyment of the goods, services, facilities, 
privileges, advantages, or accommodations of any place of public 
accommodation by any person who owns, leases (or leases to), or 
operates a place of public accommodation.
    (b) Construction.--
            (1) General prohibition.--
                    (A) Activities.--
                            (i) Denial of participation.--It shall be 
                        discriminatory to subject an individual or 
                        class of individuals on the basis of the 
                        vaccination status of such individual or class 
                        of individuals, directly, or through 
                        contractual, licensing, or other arrangements, 
                        to a denial of the opportunity of the 
                        individual or class to participate in or 
                        benefit from the goods, services, facilities, 
                        privileges, advantages, or accommodations of an 
                        entity.
                            (ii) Participation in unequal benefit.--It 
                        shall be discriminatory to afford an individual 
                        or class of individuals, on the basis of 
                        vaccination status of such individual or class 
                        of individuals, directly, or through 
                        contractual, licensing, or other arrangements 
                        with the opportunity to participate in or 
                        benefit from a good, service, facility, 
                        privilege, advantage, or accommodation that is 
                        not substantially equal to that afforded to 
                        other individuals.
                            (iii) Separate benefit.--It shall be 
                        discriminatory to provide an individual or 
                        class of individuals, on the basis of 
                        vaccination status of such individual or class 
                        of individuals, directly, or through 
                        contractual, licensing, or other arrangements 
                        with a good, service, facility, privilege, 
                        advantage, or accommodation that is different 
                        or separate from that provided to other 
                        individuals, unless such action is necessary to 
                        provide the individual or class of individuals 
                        with a good, service, facility, privilege, 
                        advantage, or accommodation, or other 
                        opportunity that is as effective as that 
                        provided to others.
                            (iv) Individual or class of individuals.--
                        For purposes of clauses (i) through (iii) of 
                        this subparagraph, the term ``individual or 
                        class of individuals'' refers to the clients or 
                        customers of the covered public accommodation 
                        that enters into the contractual, licensing or 
                        other arrangement.
                    (B) Integrated settings.--Goods, services, 
                facilities, privileges, advantages, and accommodations 
                shall be afforded to an individual regardless of 
                vaccination status in the most integrated setting 
                appropriate.
                    (C) Opportunity to participate.--Notwithstanding 
                the existence of separate or different programs or 
                activities provided in accordance with this section, an 
                individual who has not received a COVID-19 vaccine 
                shall not be denied the opportunity to participate in 
                such programs or activities that are not separate or 
                different.
                    (D) Administrative methods.--An individual or 
                entity shall not, directly or through contractual or 
                other arrangements, utilize standards or criteria or 
                methods of administration--
                            (i) that have the effect of discriminating 
                        on the basis of vaccination status; or
                            (ii) that perpetuate the discrimination of 
                        others who are subject to common administrative 
                        control.
                    (E) Association.--It shall be discriminatory to 
                exclude or otherwise deny equal goods, services, 
                facilities, privileges, advantages, accommodations, or 
                other opportunities to an individual or entity because 
                of the vaccination status of an individual with whom 
                the individual or entity is known to have a 
                relationship or association.
            (2) Specific prohibitions.--
                    (A) Discrimination.--For purposes of subsection 
                (a), discrimination includes--
                            (i) the imposition or application of 
                        eligibility criteria that screen out or tend to 
                        screen out an individual who has not had a 
                        COVID-19 vaccine or any class of such 
                        individuals from fully and equally enjoying any 
                        goods, services, facilities, privileges, 
                        advantages, or accommodations, unless such 
                        criteria can be shown to be necessary for the 
                        provision of the goods, services, facilities, 
                        privileges, advantages, or accommodations being 
                        offered; and
                            (ii) a failure to make reasonable 
                        modifications in policies, practices, or 
                        procedures, when such modifications are 
                        necessary to afford such goods, services, 
                        facilities, privileges, advantages, or 
                        accommodations to individuals who have not 
                        received a COVID-19 vaccine, unless the entity 
                        can demonstrate that making such modifications 
                        would fundamentally alter the nature of such 
                        goods, services, facilities, privileges, 
                        advantages, or accommodations.
            (3) Specific construction.--Nothing in this title shall 
        require an entity to permit an individual to participate in or 
        benefit from the goods, services, facilities, privileges, 
        advantages and accommodations of such entity where such 
        individual poses a direct threat to the health or safety of 
        others. The term ``direct threat'' means a significant risk to 
        the health or safety of others that cannot be eliminated by a 
        modification of policies, practices, or procedures or by 
        physical distancing, wearing a mask, or wearing personal 
        protective equipment.
    (c) Distancing and PPE.--Notwithstanding any other provision of 
this section, an individual shall not be considered to be discriminated 
against on the basis of vaccination status in violation of this section 
if that individual is required to engage in physical distancing, wear a 
mask, or wear personal protective equipment.

SEC. 213. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC 
              TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.

    (a) General Rule.--No individual shall be discriminated against on 
the basis of vaccination status, or the individual's unwillingness or 
inability to present a vaccine passport or other proof of vaccinations 
status, in the full and equal enjoyment of specified public 
transportation services provided by a private entity that is primarily 
engaged in the business of transporting people and whose operations 
affect commerce.
    (b) Construction.--For purposes of subsection (a), discrimination 
includes--
            (1) the imposition or application by an entity described in 
        subsection (a) of eligibility criteria that screens out or 
        tends to screen out an individual based on vaccination status 
        or any class of individuals based on vaccination status from 
        fully enjoying the specified public transportation services 
        provided by the entity, unless such criteria can be shown to be 
        necessary for the provision of the services being offered; and
            (2) the failure of such entity to make reasonable 
        modifications, including physical distancing for an 
        unvaccinated individual or an unvaccinated individual wearing a 
        mask or personal protective equipment, to the extent that the 
        unvaccinated individual interacts with individuals who are 
        vulnerable to COVID-19 and unvaccinated for COVID-19.
    (c) Distancing and PPE.--Notwithstanding any other provision of 
this section, an individual shall not be considered to be discriminated 
against on the basis of vaccination status in violation of this section 
if that individual is required to engage in physical distancing, wear a 
mask, or wear personal protective equipment.

SEC. 214. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS.

    The provisions of this subtitle shall not apply to private clubs or 
establishments exempted from coverage under title II of the Civil 
Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations 
or entities controlled by religious organizations, including places of 
worship.

SEC. 215. ENFORCEMENT.

    (a) Availability of Remedies and Procedures.--The remedies and 
procedures set forth in section 204(a) of the Civil Rights Act of 1964 
(42 U.S.C. 2000a-3(a)) are the remedies and procedures this subtitle 
provides to any person who is being subjected to discrimination on the 
basis of vaccination status in violation of this subtitle or who has 
reasonable grounds for believing that such person is about to be 
subjected to discrimination in violation of this subtitle. Nothing in 
this section shall require a person who has not received a COVID-19 
vaccine to engage in a futile gesture if such person has actual notice 
that a person or organization covered by this subtitle does not intend 
to comply with its provisions.
    (b) Enforcement by the Attorney General.--
            (1) Denial of rights.--
                    (A) Authority to investigate.--The Attorney General 
                shall have the authority to investigate alleged 
                violations of this subtitle, and shall undertake 
                periodic reviews of compliance of entities subject to 
                this subtitle.
                    (B) Potential violation.--If the Attorney General 
                has reasonable cause to believe that--
                            (i) any person or group of persons is 
                        engaged in a pattern or practice of 
                        discrimination under this subtitle; or
                            (ii) any person or group of persons has 
                        been discriminated against under this subtitle 
                        and such discrimination raises an issue of 
                        general public importance;
                the Attorney General may commence a civil action in any 
                appropriate United States district court.
            (2) Authority of court.--In a civil action under paragraph 
        (1)(B), the court--
                    (A) may grant any equitable relief that such court 
                considers to be appropriate, including, to the extent 
                required by this subtitle--
                            (i) granting temporary, preliminary, or 
                        permanent relief;
                            (ii) providing a modification of policy, 
                        practice, or procedure, or alternative method; 
                        and
                            (iii) making reasonable accommodations for 
                        individuals who have not received a COVID-19 
                        vaccine;
                    (B) may award such other relief as the court 
                considers to be appropriate, including monetary damages 
                to individuals aggrieved when requested by the Attorney 
                General; and
                    (C) may, to vindicate the public interest, assess a 
                civil penalty against the entity subject to this 
                subtitle in an amount--
                            (i) not exceeding $50,000 for a first 
                        violation; and
                            (ii) not exceeding $100,000 for any 
                        subsequent violation.
            (3) Single violation.--For purposes of paragraph (2)(C), in 
        determining whether a first or subsequent violation has 
        occurred, a determination in a single action, by judgment or 
        settlement, that the entity subject to this subtitle has 
        engaged in more than one discriminatory act shall be counted as 
        a single violation.
            (4) Punitive damages.--For purposes of paragraph (2)(B), 
        the term ``monetary damages'' and ``such other relief'' does 
        not include punitive damages.
            (5) Judicial consideration.--In a civil action under 
        paragraph (1)(B), the court, when considering what amount of 
        civil penalty, if any, is appropriate, shall give consideration 
        to any good faith effort or attempt to comply with this Act by 
        the entity. In evaluating good faith, the court shall consider, 
        among other factors it deems relevant, whether the entity could 
        have reasonably anticipated the need for a reasonable 
        accommodation for individuals who have not received a COVID-19 
        vaccine.

SEC. 216. EFFECTIVE DATE.

    This subtitle shall become effective 90 days after the date of the 
enactment of this Act.

Subtitle C--Nondiscrimination by a Public Entity and Access to Federal 
                                Services

SEC. 221. NONDISCRIMINATION BY A PUBLIC ENTITY.

    (a) In General.--Subject to the provisions of this subtitle, no 
qualified individual who has not received a COVID-19 vaccine shall, by 
reason of such vaccination status, including the qualified individual's 
unwillingness or inability to present a vaccine passport or other proof 
of having a COVID-19 vaccine, be excluded from participation in or be 
denied the benefits of the services, programs, or activities of a 
public entity, or be subjected to discrimination by any such entity.
    (b) Right To Vote Shall Not Be Impaired.--It shall be unlawful for 
any State or political subdivision, as such term is used in the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.), to require or impose a 
requirement that a voter or voters must present a vaccine passport or 
otherwise present information regarding their vaccination status in 
order to exercise the right to vote, including to vote in person, in 
any election involving any candidate for Federal office.
    (c) Rule of Construction.--Notwithstanding subsection (a), a public 
entity shall not be considered in violation of subsection (a) if that 
public entity requires a qualified individual who has not received a 
COVID-19 vaccine to engage in physical distancing, wear a mask, or wear 
personal protective equipment.
    (d) Enforcement.--The remedies, procedures, and rights set forth in 
section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be 
the remedies, procedures, and rights this title provides to any person 
alleging discrimination on the basis of status as a qualified 
individual who has not received a COVID-19 vaccine in violation of this 
section.
    (e) Definitions.--
            (1) Qualified individual who has not received a covid-19 
        vaccine.--The term ``qualified individual who has not received 
        a COVID-19 vaccine'' means an individual who--
                    (A) has voluntarily elected not to receive a COVID-
                19 vaccine; and
                    (B) with or without reasonable modifications to 
                rules, policies, or practices, including physical 
                distancing, mask wearing, wearing personal protective 
                equipment, or undergoing a COVID-related symptom check 
                meets the essential eligibility requirements for the 
                receipt of services or the participation in programs or 
                activities provided by a public entity.
            (2) Public entity.--The term ``public entity'' has the 
        meaning given that term in section 201 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12131).

SEC. 222. ACCESS TO FEDERAL SERVICES.

    (a) Federal Services.--
            (1) In general.--No otherwise qualified individual who has 
        not received a COVID-19 vaccine, shall, solely by reason of her 
        or his vaccine status, be excluded from the participation in, 
        be denied the benefits of, or be subjected to discrimination 
        under any program or activity receiving Federal financial 
        assistance or under any program or activity conducted by any 
        Executive agency or by the United States Postal Service.
            (2) Regulations.--The head of each such agency shall 
        promulgate such regulations as may be necessary to carry out 
        this section.
            (3) Program or activity.--In this section the term 
        ``program or activity'' has the meaning given that term in 
        section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
    (b) Petition; Access to Property.--An individual's right to 
petition the Federal Government and an individual's right to access 
Federal property shall not be affected because the individual is a 
qualified individual who has not received a COVID-19 vaccine. Proof of 
COVID-19 vaccination shall not be a requirement for access to Federal 
property or Federal services, or for access to congressional grounds or 
services.
    (c) Exception Relating to Admission and Departure of Aliens.--
            (1) In general.--Notwithstanding any other provision of 
        this Act, the Secretary of Homeland Security may request, 
        require, and collect vaccination records providing evidence of 
        vaccination for COVID-19, SARS-CoV-2, or any variant of COVID-
        19 or SARS-CoV-2 from any alien (as defined in section 101(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a)) 
        seeking admission to the United States or departing the United 
        States, to the extent necessary to ensure public health.
            (2) Recordkeeping.--The Secretary of Homeland Security may 
        maintain such evidence of vaccination and any ancillary 
        documentation for a period the Secretary considers necessary.
            (3) Privacy.--Information collected or maintained under 
        paragraph (1) or (2) may not be transmitted or communicated to 
        any entity or individual other than an employee of the 
        Department of Homeland Security designated by the Secretary of 
        Homeland Security.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to provide an alien a right or an enforceable 
        action relating to the admission of the alien to the United 
        States or authorization to remain in the United States.
                                 <all>