[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1932 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1932
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
May 27, 2021
Mr. Cruz (for himself, Mr. Braun, and Ms. Lummis) introduced 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 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 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 be 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.
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