,,ii #aagth ,,congress #ast ,session ,s4 #aicb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bg1 #bjba,mr4 ,cruz 7for himself1 ,mr4 ,braun1 and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to protect individual liberty1 ensure privacy1 and prohibit discrimination with respect to the vaccination status of individuals1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,no ,vaccine ,passports ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,severability4,,title ,i--,general provisions,subtitle ,a--,health information privacy protections,sec4 #aja4 ,prohibition on establishment of ,federal vaccine passports and tracking of individuals4,sec4 #ajb4 ,vaccine status protections under ,,hipaa privacy regulations4,subtitle ,b--,consent to vaccination,sec4 #aaa4 ,vaccinations4,,title ,,ii--,prohibition of discrimination based on vaccination status,subtitle ,a--,nondiscrimination in employment,sec4 #bja4 ,definitions4,sec4 #bjb4 ,discrimination prohibited4,sec4 #bjc4 ,defenses4,sec4 #bjd4 ,remedies and enforcement4,subtitle ,b--,nondiscrimination in public accommodation,sec4 #baa4 ,definitions4,sec4 #bab4 ,prohibition of discrimination by places of public accommodation4,sec4 #bac4 ,prohibition of discrimination in specified public transportation services provided by private entities4,sec4 #bad4 ,exemptions for private clubs and religious organizations4,sec4 #bae4 ,enforcement4,sec4 #baf4 ,effective date4,subtitle ,c--,nondiscrimination by a public entity and access to ,federal services,sec4 #bba4 ,nondiscrimination by a public entity4,sec4 #bbb4 ,access to ,federal services4 #b4 ,findings ,congress finds as follows3 7#a7 ,in ,december #bjai1 reports began circulating that hospitals in ,wuhan1 ,china were seeing cases of a pneumonia-like respiratory illness of unknown origins4 7#b7 ,on ,december #ca1 #bjai1 an automated translation of a ,chinese media report about a novel respiratory outbreak was posted to ,pro,m,e,d1 one of the largest public emerging disease and outbreak reporting systems used to promote communication among infectious disease specialists1 including scientists1 physicians1 veterinarians1 epidemiologists1 and public health professionals4 7#c7 ,the ,pro,m,e,d posting prompted the ,world ,health ,organization 7,,who7 to instruct its ,china ,country ,office to request verification of the outbreak from the communist government of the ,people's ,republic of ,china4 7#d7 ,in response to the ,,who-prompted inquiry1 the ,wuhan ,municipal ,health ,commission issued its first public statement on the outbreak1 saying it had identified #bg cases4 7#e7 ,on ,january #c1 #bjbj1 in what is clear conduct by the ,chinese government to cover up the origins and dangers posed by the outbreak1 ,dr4 ,li ,wenliang1 a physician at ,wuhan ,central ,hospital1 was reprimanded by local police in the ,public ,security ,bureau for spreading allegedly false statements about the outbreak online4 7#f7 ,on ,january #c1 #bjbj1 the ,chinese ,center for ,disease ,control and ,prevention 7,china ,,cdc7 ,director-,general ,gao ,fu told the ,united ,states ,centers for ,disease ,control and ,prevention 7,united ,states ,,cdc7 ,director ,robert ,redfield about a pneumonia outbreak in ,wuhan1 ,hubei ,province1 ,china4 7#g7 ,on ,january #f1 #bjbj1 the ,united ,states ,department of ,health and ,human ,services 7,,hhs7 ,secretary ,alex ,m4 ,azar ,,ii and ,united ,states ,,cdc ,director ,redfield offered to send ,united ,states ,,cdc experts to ,china1 and ,united ,states ,,cdc issued a ,watch ,level #a ,alert for ,wuhan1 meaning that the ,,cdc recognized a heightened risk for travelers1 cautioning travelers to use health precautions when traveling to areas in ,china4 7#h7 ,on ,january #aa1 #bjbj1 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 platform1 sharing it with the world4 7#i7 ,on ,january #ad1 #bjbj1 the ,,who tweeted1 ,preliminary investigations conducted by the ,chinese authorities have found no clear evidence of human-to-human transmission of the novel coronavirus 7#bjai-n,co,v7 identified in ,wuhan1 ,china4 ,the ,,who's assertion has been proven false and completely contrary to medical science given that there have been nearly #afc1jjj1jjj cases of infection worldwide1 resulting in more than #c1chj1jjj deaths4 7#aj7 ,on ,january #bj1 #bjbj1 ,china confirmed person-to-person transmission of the novel coronavirus and infections among medical workers4 7#aa7 ,on ,january #ba1 #bjbj1 the ,united ,states ,,cdc announced the first ,,covid-#ai case in the ,united ,states4 7#ab7 ,on ,january #cj1 #bjbj1 ,,who ,director-,general ,tedros declared the epidemic a ,public ,health ,emergency of ,international ,concern1 and ,president ,donald ,j4 ,trump announced the formation of the ,president's ,coronavirus ,task ,force4 ,in a statement from the ,,who regarding the second meeting of its ,international ,health ,regulations 7#bjje7 ,emergency ,committee regarding the outbreak of novel coronavirus 7#bjai-n,co,v71 the ,committee specifically did not recommend any travel or trade restriction based on the current information available4 7#ac7 ,on ,january #ca #bjbj1 ,president ,trump suspended entry into the ,united ,states of most foreigners who were physically present in mainland ,china during the preceding #ad-;day period1 effective ,february #b1 #bjbj1 and ,secretary ,azar declared a public health emergency for the ,united ,states to aid response to the novel coronavirus4 7#ad7 ,on ,february #a1 #bjbj1 then-presidential candidate ,joe ,biden recklessly downplayed the risk of the virus1 suggesting in a tweet that ,president ,trump's efforts to limit the spread of the virus were nothing more than hysteria1 xenophobia1 and fear-mongering4 7#ae7 ,numerous individuals criticized these travel restrictions4 ,when asked if you had to1 would you close down the borders8 to stop the spread of coronavirus1 ,senator ,bernie ,sanders said1 no4 ,when asked about these travel restrictions1 ,representative ,nancy ,pelosi stated1 actually tens of thousands of people were allowed in from ,china1 it wasn't as it was described as this great moment4 ,,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 stigma1 with little public health benefit4 ,reportedly1 ,representative ,ami ,bera stated that the travel ban probably doesn't make sense since the outbreak had already spread to several other countries1 that such measures were causing an antagonistic relationship with the ,chinese1 and such mandatory quarantines may be overkill4 7#af7 ,health experts have since noted that the early ,united ,states restrictions imposed on travelers from ,china saved ,american lives4 ,former ,,cdc director ,dr4 ,tom ,frieden noted that the 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 that1 that bought time in the ,u4,s4 to better prepare44 ,while testifying before the ,house of ,representatives1 ,dr4 ,anthony ,fauci was asked if he believed that the travel restrictions saved lives1 to which ,dr4 ,fauci answered1 yes1 ,i do4 7#ag7 ,on ,february #bf1 #bjbj1 ,united ,states ,,cdc confirmed a case of ,,covid-#ai in ,california in a person who reportedly did not have relevant travel history or exposure to another known patient with ,,covid-#ai4 7#ah7 ,on ,february #bi1 #bjbj1 ,united ,states ,,cdc reported the first ,,covid-#ai death in ,united ,states1 though later public reports indicated that the first death from ,,covid-#ai may have been weeks earlier4 7#ai7 ,in a #fj ,minutes interview posted on ,march #h1 #bjbj1 ,dr4 ,anthony ,fauci stated that right now in the ,united ,states1 people should not be walking around with masks ''' there's no reason to be walking around with a mask4 ,when you're in the middle of an outbreak wearing a mask might make people feel a little bit better1 and it might even block a droplet1 but it's not providing the perfect protection that people think that it is4 ,and often1 there are unintended consequences1 people keep fiddling with the masks1 and they keep touching their face ''' ,but1 when you think masks1 you should think of healthcare providers needing them and people who are ill4 ,the people who1 when you look at the films of foreign countries and you see eight-five percent of the people wearing masks1 that's fine4 ,that's fine4 ,i'm not against it4 ,if you want to do it1 that's fine ''' ,it could lead to a shortage of masks for the people who really need it44 7#bj7 ,on ,april #c1 #bjbj1 ,united ,states ,,cdc updated its guidance on facial coverings1 recommending that ,americans wear facial coverings in public settings and especially when social distancing measures are difficult to maintain4 7#ba7 ,on ,may #ae1 #bjbj1 the ,trump administration announced the establishment of ,operation ,warp ,speed1 a public-private partnership to expedite the timeline for development1 large scale manufacturing1 and delivery of a safe and effective ,,covid-#ai vaccine to the ,american public4 ,the initial goal of the project was to develop at least #a vaccine and begin administering it to ,americans before the end of #bjbj4 ,as reported on ,bio,century1 ,dr4 ,anthony ,fauci noted that the fastest a vaccine might be ready for use in an emergency would be #a year1 although the process could take up to #b years4 ,before the ,senate on ,march #c1 #bjbj1 ,dr4 ,fauci stated that the process would likely take at least #a to #aa_/b years to have a vaccine that could be administered to ,american persons4 ,some1 such as the analytics firm ,clarivate1 concluded that it might take at least #e years for the leading vaccine candidates1 like ,moderna1 to complete the development process through full regulatory approval4 7#bb7 ,operation ,warp ,speed and other government actions sped ,,covid-#ai vaccine development by enabling typical vaccine development steps to be taken simultaneously with manufacturing and distribution planning4 ,as part of these actions1 the ,federal ,government made investments in critical manufacturing capacity1 giving pharmaceutical companies confidence that if they invested in developing a vaccine1 once the vaccine received authorization from the ,food and ,drug ,administration1 these companies would be able to immediately begin distributing the vaccine4 7#bc7 ,despite efforts to speed vaccine development to address the ,,covid-#ai pandemic1 the emergency use authorization 7,,eua7 process utilized by the ,food and ,drug ,administration 7,,fda7 appears to have met rigorous safety and efficacy standards4 7#bd7 ,on ,july #ad1 #bjbj1 ,united ,states ,,cdc issued stronger recommendations to wear masks as a strategy for preventing the spread of ,,covid-#ai4 ,united ,states ,,cdc ,director ,robert ,redfield1 in a news release from the agency1 identified masks as one of the most powerful weapons we have to slow and stop the spread of the virus4 7#be7 ,on ,december #aa1 #bjbj1 the ,,fda issued the first ,,eua for a vaccine for the prevention of ,,covid-#ai in individuals #af years of age and older4 ,the ,,eua allowed the ,pfizer-,bio,n,tech ,,covid-#ai ,vaccine to be distributed in the ,united ,states4 7#bf7 ,on ,december #ah1 #bjbj1 the ,,fda issued an ,,eua for the second vaccine for the prevention of ,,covid-#ai in individuals #af years of age and older4 ,the ,,eua allowed the ,moderna ,,covid-#ai ,vaccine to be distributed in the ,united ,states for use in individuals #ah years of age and older4 7#bg7 ,on ,february #bg1 #bjba1 the ,,fda issued an ,,eua for the third vaccine for the prevention of ,,covid-#ai4 ,the ,,eua allowed the ,janssen ,,covid-#ai ,vaccine to be distributed in the ,united ,states for use in individuals #ah years of age and older4 7#bh7 ,because of the hard work of countless ,americans1 this public-private partnership1 and the funding and support from ,congress1 multiple safe and effective ,,covid-#ai vaccines have been1 and are still being1 developed and manufactured1 and1 as of ,may #af1 #bjba1 about #bgc1jjj1jjj vaccine doses had been administered in the ,united ,states4 7#bi7 ,despite the successful development and rollout of the current ,,covid-#ai vaccines1 it is not fully known whether these vaccines will protect people from the emergence and potential future emergence of variants of ,,sars-,co,v-#b1 the virus that causes ,,covid-#ai4 7#cj7 ,the emergence of future variants of ,,sars-,co,v-#b could require that the ,united ,states continue to develop new ,,covid-#ai vaccines and that people receive a ,,covid-#ai booster shot on a regular1 potentially annual1 basis to maintain immunity4 7#ca7 ,according to the ,,fda fact sheets on ,,covid-#ai vaccines1 there are certain populations for whom existing ,,covid-#ai vaccines are not indicated or authorized or for whom there is insufficient data to inform vaccine-related risks including-- 7,a7 people with severe allergies to vaccine components or who are immunocompromised2 7,b7 people with certain pre-existing conditions such as bleeding disorders and women who are pregnant1 trying to get pregnant1 or breastfeeding2 and 7,c7 children under the age of #ah4 7#cb7 ,because of potential risks that the vaccine poses to certain people1 it is important that every patient is able to consult his or her doctor to determine whether one of the ,,covid-#ai vaccines is appropriate for that patient4 7#cc7 ,consistent with fundamental human rights1 and medical and legal ethics and proper standards of medical care1 every ,american has the right to informed consent with respect to medical treatment1 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 care4 ,in addition1 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 records1 including vaccination records4 7#cd7 ,at various times in history1 governments and medical professionals have violated these and other inherent rights including by coercing patients1 failing to properly inform patients of1 or even intentionally begin deceptive with patients about1 their rights and the risks inherent with various medical procedures1 experiments1 and studies--including the ,tuskegee syphilis experiments1 forced sterilization1 lobotomy procedures1 electro-shock therapy1 certain psychological studies1 collection and utilization of individuals' cells and parts of their body1 or from fetal tissue of a patient's offspring1 without knowledge or consent1 and eugenics laws4 7#ce7 ,the absence of informed consent not only constitutes a violation of medical ethics and standards of care1 in some cases1 treatment may also constitute a crime1 such as battery4 7#cf7 ,criminal battery stemming from violations of medical ethics and informed consent standards have led to a significant degree of distrust of the government1 public health officials1 and medical professionals by certain groups and communities including among the most vulnerable populations such as ethnic minorities1 immigrants1 economically disadvantaged1 unmarried mothers1 those with disabilities1 and those with mental illnesses4 7#cg7 ,on ,january #ab1 #bjba1 ,united ,states ,,cdc issued an order requiring proof of a negative ,,covid-#ai test for all air passengers arriving from a foreign country to the ,united ,states1 and on ,february #ad1 #bjba1 the ,united ,states ,,cdc announced it would not recommend required testing for domestic air travel4 7#ch7 ,on ,march #ai1 #bjba1 the ,,who released draft recommendations for a ,smart ,vaccine ,certificate--what amounts to a form of a vaccine passport that would1 per ,,who's ,smart ,vaccination ,certificate ,working ,group1 support ,,covid-#ai vaccine delivery and monitoring and to serve current and future requirements1 toward the dual purposes of 7#a7 supporting continuity of care2 and 7#b7 cross-border uses4 7#ci7 ,the ,international ,air ,transport ,association has developed the ,travel ,pass ,initiative to gather information on entry and exit testing requirements1 allow passengers to create a digital passport that verifies testing and vaccination status1 and establish the capability of sharing health data with government authorities4 7#dj7 ,the ,european ,commission has proposed a ,digital ,green ,certificate on ,march #ag1 #bjba1 to prove a passenger's vaccination status1 test results1 and ,,covid-#ai antibodies that may be adopted by a country for public health restrictions4 7#da7 ,the ,state of ,new ,york is testing a vaccine certification to be used for admission into public events4 7#db7 ,more than #bbe companies and organizations are involved in what is known as the ,vaccination ,credential ,initiative1 a program intended to establish standards for developers to build digital vaccine passports4 7#dc7 ,on ,april #b1 #bjba1 the ,united ,states ,,cdc announced vaccinated people could travel safely4 ,on ,april #e1 #bjba1 the ,united ,states ,,cdc recommended1 but did not require1 passengers to be vaccinated1 though cruise ships are still not permitted to resume normal operations4 7#dd7 ,the ,white ,house1 while saying the ,,covid-#ai ,task ,force will not create a vaccine passport1 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 sector4 7#de7 ,the private sector1 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 party1 are pursuing digital vaccine passports that can be adopted by governments and other public establishments to authenticate personal health information4 7#df7 ,during a ,march #b1 #bjba1 virtual meeting lead by the ,federal ,health ,,it ,coordinating ,council on behalf of the ,biden ,administration1 a slide presentation included the following3 ,proof of individual ,,covid-related health status is likely to be an important component of pandemic response1 proof of immunization will likely become a major1 if not the primary1 form of health status validation1 and a unified ,federal approach is required to ensure ,federal activities are working toward the same common goals for vaccine passports4 ,additionally1 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 ''' 44 7#dg7 ,the ,federal ,health ,,it ,coordinating ,council also listed a number of international organizations and private companies that are working on the development of vaccine passports4 7#dh7 ,the development1 implementation1 and utilization of vaccine passports1 whether by ,federal or ,state government1 or the private sector1 has the potential for significant misuse and abuse1 leading to the denial of constitutionally protected freedoms such as freedom of association and freedom of movement1 and could allow the government or corporate interests to begin to track people's health status on a large-scale basis4 7#di7 ,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-#ai test results4 7#ej7 ,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 status1 through the presentment of a vaccine passport or other papers or by requiring that the customer disclose his or her protected health information1 before the business agrees to serve or otherwise do business with such individual1 meaning the denial of service in such cases could be based on an individual's disability1 health status1 or familial status1 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 7allergic7 reaction to an ingredient found in the ,,covid-#ai vaccines4 7#ea7 ,the widespread acceptance of vaccine passports could also lead to employment discrimination1 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 #aiij 7#db ,u4,s4,c4 #abaja et seq47 7,,ada71 which requires an interactive process whereby the employer follows the law to assess if the employee can and should be reasonably accommodated under the ,,ada4 ,for example1 without proper disability protections1 an employer could terminate a female employee who has not been vaccinated based on the advice of her doctor simply because she is pregnant4 7#eb7 ,in ,february #bjba1 a business in ,new ,york told its employees that the business was instituting a vaccine mandate and1 when a woman who worked there decided against getting a ,,covid-#ai vaccine because she was trying to get pregnant1 she was told her employment was being terminated4 7#ec7 ,in ,march #bjba1 a woman in ,cumberland ,county1 ,pennsylvania was suspended from her job after her employer issued a vaccine mandate for its employees4 ,the woman1 who said she is not anti-vaccination1 wanted sufficient time to consult with her doctor to see if the vaccine was appropriate for her4 7#ed7 ,for women who are pregnant or breastfeeding1 the ,,cdc has indicated that the potential risks of ,,covid-#ai vaccines to the pregnant person and the fetus are unknown because these vaccines have not been studied in pregnant people4 ,accordingly1 it is highly likely that the implementation and use of vaccine passports1 refusal to provide services to unvaccinated persons1 and decision by employers to impose a vaccine mandate and to take adverse employment actions against unvaccinated employees1 are likely to be unfair and discriminatory1 disparately impacting women because of their sex4 7#ee7 ,given that several ,,covid-#ai vaccines are not recommended for children under the age of #ab1 the implementation and widespread utilization of vaccine passports could lead to the refusal to provide services to unvaccinated persons1 such as the denial of services to families with small children1 meaning certain vaccine-related policies could lead to age or familial-status-related discrimination4 7#ef7 ,the denial of public services and public accommodations1 as well as adverse employment actions1 based on ,,covid-#ai vaccination status1 lack of or refusal to present a vaccine passport1 refusal to get vaccinated1 or requiring an individual to explain the underlying reason why they are not vaccinated1 could constitute unlawful discrimination1 including as to sex1 age1 familial status1 disability1 or based on genetic or other health condition4 7#eg7 ,any ,united ,states person that requests the vaccine records of a ,united ,states individual1 including data such as a copy or other digital record of a vaccine passport or similar proof of vaccination1 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 #aiif 7,public ,law #ajd-aia74 7#eh7 ,the policy of the ,united ,states is to recognize1 defend1 and protect the inherent rights of the individual1 including the right to privacy1 the right of liberty1 the right to be secure in one's person1 the right of the individual to be informed about any medical procedures1 treatment1 or vaccination1 and the right of the individual to provide or withhold consent to such procedures1 treatment1 or vaccination4 7#ei7 ,congress recognizes that special vigilance is required1 especially in times of crisis or emergency to ensure that government agencies do not try to take advantage of1 manipulate1 or enflame public fear1 stoke hatred of minority groups1 or increase intolerance toward the diversity that builds our ,nation4 7#fj7 ,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 records4 7#fa7 ,furthermore1 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 coercion1 forced vaccination1 loss of civil liberties1 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-#ai pandemic4 #c4 ,severability 7a7 ,in general ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of any such provision or amendment to any person or circumstance is declared invalid or unconstitutional1 the remainder of this ,act1 including any amendment made by this ,act1 and the application of such provisions and amendments to any person or circumstance shall not be affected4 7b7 ,effect of partial invalidation1 repeal1 or amendment ,the invalidation1 repeal1 or amendment of any part of this ,act1 or amendment made by this ,act1 does not release or extinguish any penalty1 forfeiture1 or liability incurred or right accruing or accrued under this ,act 7or amendment71 unless the invalidation1 repeal1 or amendment so provides expressly4 ,this ,act1 and amendments made by this ,act1 shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right1 penalty1 forfeiture1 or liability pursuant to the previous sentence4 ,i ,general provisions ,a ,health information privacy protections #aja4 ,prohibition on establishment of ,federal vaccine passports and tracking of individuals 7a7 ,in general ,no ,federal funds may be used to create1 establish or collaborate in the establishment of any ,federal1 ,state1 private1 or international vaccine passport system1 vaccine tracking database1 or similar system or in the creation or adoption of any related guidelines or standards1 under which ,federal1 ,state1 or international government agencies or private companies would be able to monitor or track individuals who have been vaccinated against ,,covid-#ai1 or which could otherwise be used to limit the freedom of movement or the freedom of association of individuals based on their ,,covid-#ai vaccination status4 7b7 ,personal privacy ,to the extent any ,federal department or agency has received1 obtained1 collected1 aggregated1 stored1 or is otherwise in possession of any data or records from officials1 including public health officials1 in any ,state1 the ,district of ,columbia1 or any territory1 or any third party who administered or has information related to the administration of any ,,covid-#ai vaccinations1 including health care providers and insurers1 such data and records about any individuals' vaccination status shall be destroyed by the ,federal department or agency and1 if in digital form1 that data record shall be deleted in its entirety within #cj days of the enactment of this ,act4 7c7 ,reporting ,for any ,federal department or agency that has received and subsequently destroyed ,,covid-#ai data or records as required by this section1 the head of such agency shall1 not later than #ae days after such data or records have been destroyed1 submit a sworn affidavit1 subject to penalty of perjury1 to ,congress confirming that he or she has personally assured such data or records have been destroyed4 7d7 ,criminal penalties ,any person who knowingly makes or is responsible for the inclusion of a statement or representation in an affidavit under subsection 7c7 that is materially false1 fictitious1 or fraudulent shall be fined not more than #aj1jjj1 imprisoned not more than #a year1 or both4 7e7 ,prohibition on federal issuance or vaccine passport or similar documentation and prohibition on vaccination requirement to enter federal property or services 7#a7 ,in general ,no ,federal department or agency may issue a vaccine passport1 vaccine pass1 or other standardized documentation for the purpose of certifying the ,,covid-#ai vaccination status of a citizen of the ,united ,states to a third party1 or otherwise publish or share any ,,covid-#ai vaccination record of a citizen of the ,united ,states1 or similar health information4 7#b7 ,access to ,federal property and services ,proof of ,,covid-#ai vaccination shall not be deemed a requirement for access to ,federal property or ,federal services1 or for access to congressional grounds or services4 7f7 ,exceptions 7#a7 ,deidentified or anonymized information for certain purposes ,the prohibition described in subsection 7a7 shall not apply to the aggregation and sharing of information that has been deidentified or anonymized if such information is used for purposes of ,federal1 ,state1 or local public health reporting or academic studies1 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 individual4 7#b7 ,limited use of information with respect to ,federal employees ,the prohibition described in subsection 7a7 and the requirement described in subsection 7b7 shall not apply to the possession by a ,federal department or agency of ,,covid-#ai 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 duties4 #ajb4 ,vaccine status protections under ,,hipaa privacy regulations 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall amend the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note7 to establish the following3 7#a7 ,reporting by covered entities to public health entities of non-anonymized protected health information related to an individual's vaccination status is not permissible1 even during public health emergencies1 without express patient consent4 7#b7 ,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 request4 7#c7 ,with respect to any individual who shares their vaccine status with any covered entity1 the covered entity shall comply with any request from such individual to-- 7,a7 delete all protected health information that identifies the individual's vaccination status1 including in relation to any records shared with the covered entities' business associates1 in all active and inactive databases2 and 7,b7 provide to such individual written confirmation of such deletion4 7b7 ,definitions ,in this section1 the terms business associate1 covered entity1 protected health information have the meanings given such terms in section #afj4ajc of title #ba1 ,code of ,federal ,regulations 7or any successor regulations74 ,b ,consent to vaccination #aaa4 ,vaccinations 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #aag the following3 #aag;,a ,vaccinations #bdca4 ,vaccinations 7a7 ,requirements 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful to-- 7,a7 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 #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;bbb-#c71 or that has received such authorization prior to receiving full approval or licensure under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb72 or 7,b7 vaccinate with a vaccine that has only received authorization by the ,food and ,drug ,administration through such an emergency use authorization1 or that has received such authorization prior to receiving such full approval or licensure-- 7i7 an individual under the age of #ah2 or 7ii7 an individual that lacks the capacity to exercise the right to consent to be vaccinated4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply if the individual1 or if the individual is a minor or is otherwise unable to consent1 a parent1 guardian1 conservator1 or attorney-in-fact of the individual1 provides consent to be vaccinated4 7#c7 ,sunset ,this subsection shall cease to have force or effect on the date that is #e years after the date of enactment of this section4 7b7 ,right ,to be informed ,any person that administers a vaccine for the coronavirus disease #bjai 7,,covid-#ai7 shall1 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 laws1 disclose to any individual1 before the vaccine is administered1 the risks associated with the vaccine so that the individual can make an informed decision4 7c7 ,protecting privacy 7#a7 ,in general ,except as provided in subparagraph 7,b71 it shall be unlawful for any person to publicly disclose information about the ,,covid-#ai vaccination status of an individual without the express consent of the individual if the individual provided the information to the person-- 7,a7 as an employee in the context of an employer-employee relationship2 7,b7 as an independent contractor where the vaccination status was provided to the person to whom the contractor is providing services2 7,c7 as a consumer in the context of any consumer transaction2 7,d7 as a patient in order to obtain medical care or health-related services from any health care provider2 or 7,e7 the user of any technology application1 platform1 or service4 7#b7 ,requirements ,for purposes of this subsection1 an individual does not provide express consent to the disclosure of a ,,covid-#ai vaccination status unless-- 7,a7 the individual agrees to the circumstances of disclosure in writing2 and 7,b7 the agreement is not conditioned on or contained within any other agreement4 7#c7 ,exception ,paragraph 7#a7 shall not apply if the parent or guardian of the individual provides consent to the disclosure described in that subparagraph4 7d7 ,criminal penalties ,whoever knowingly violates subsection 7a7 or 7c7 shall be imprisoned no more than #a year1 fined in accordance with this title1 or both4 7e7 ,civil penalties ,any person who receives the ,,covid-#ai vaccination status of an individual under circumstances that would create a reasonable expectation of privacy in that status1 including the circumstances listed in subparagraphs 7,a7 through 7,e7 of subsection 7c77#a71 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 #be1jjj per disclosure or any actual damages suffered4 7f7 ,preemption ,this section does not annul1 alter1 or affect any law of any ,state or local government that provides a greater level of privacy than the provisions in this section4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #aag the following3 #aag;,a4 ,vaccinations#bdca 4 ,,ii ,prohibition of discrimination based on vaccination status ,a ,nondiscrimination in employment #bja4 ,definitions ,in this section3 7#a7 ,,ada terms ,the terms direct threat and undue hardship have the meaning given those terms in section #aja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa74 7#b7 ,covered entity ,the term covered entity-- 7,a7 has the meaning given the term respondent in section #gja7n7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7n772 and 7,b7 includes-- 7i7 an employer1 which means a person engaged in industry affecting commerce who has #ae or more employees as defined in section #gja7;b7 of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7b772 and 7ii7 an entity to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7#c7 ,employee ,the term employee means-- 7,a7 an employee 7including an applicant71 as defined in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f772 and 7,b7 an employee 7including an applicant7 to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7#d7 ,person2 commerce2 industry affecting commerce ,the terms person1 commerce1 and industry affecting commerce shall have the same meaning given such terms in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 7#e7 ,qualified employee ,the term qualified employee means an employee or applicant who1 with or without reasonable accommodation1 can perform the essential functions of the employment position4 ,for the purposes of this title1 consideration shall be given to the employer's judgment as to what functions of a job are essential1 and if an employer has prepared a written description before advertising or interviewing applicants for the job1 this description shall be considered evidence of the essential functions of the job4 7#f7 ,reasonable accommodation ,the term reasonable accommodation may include-- 7,a7 job restructuring1 modified work schedules1 telework1 reassignment to a vacant position1 or wearing a mask or personal protective equipment2 and 7,b7 physical distancing for an unvaccinated individual or an unvaccinated individual wearing a mask or personal protective equipment1 to the extent that the unvaccinated individual interacts with individuals who are vulnerable to ,,covid-#ai and unvaccinated for ,,covid-#ai4 7#g7 ,vaccination status ,the term vaccination status means-- 7,a7 an individual's status based on the voluntary election to receive or not to receive a ,,covid-#ai vaccine2 and 7,b7 regardless of whether someone has or has not been vaccinated against ,,covid-#ai1 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-#ai4 #bjb4 ,discrimination prohibited 7a7 ,general rule ,no covered entity shall discriminate against a qualified employee on the basis of vaccination status1 or the qualified employee's unwillingness or inability to present a vaccine passport or other proof of having a ,,covid-#ai vaccine1 in regard to job application procedures1 the hiring1 advancement1 or discharge of employees1 employee compensation1 job training1 and other terms1 conditions1 and privileges of employment4 7b7 ,construction 7#a7 ,in general ,as used in subsection 7a71 the term discriminate against a qualified employee on the basis of vaccination status includes-- 7,a7 limiting1 segregating1 or classifying an employee in a way that adversely affects the opportunities or status of such employee because of the vaccination status of such employee2 7,b7 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 7such relationship includes a relationship with an employment or referral agency1 labor union1 an organization providing fringe benefits to an employee of the covered entity1 or an organization providing training and apprenticeship programs72 7,c7 utilizing standards1 criteria1 or methods of administration-- 7i7 that have the effect of discrimination on the basis of vaccination status2 or 7ii7 that perpetuate the discrimination of others who are subject to common administrative control2 7,d7 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 association2 7,e7 7i7 not making reasonable accommodations based on vaccination status for an otherwise qualified employee1 unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity2 or 7ii7 denying employment opportunities to an employee who is an otherwise qualified employee based on vaccination status1 if such denial is based on the need of such covered entity to make reasonable accommodation based on the vaccination status of the qualified employee2 and 7,f7 using qualification standards1 employment tests1 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 standard1 test or other selection criteria1 as used by the covered entity1 is shown to be job-related for the position in question and is consistent with business necessity4 7#b7 ,exclusions ,notwithstanding any other provision of this section1 the term discriminate against a qualified individual on the basis of vaccination status does not include-- 7,a7 requiring physical distancing by or from individuals who are particularly vulnerable to ,,covid-#ai or have not been fully vaccinated for ,,covid-#ai2 7,b7 requiring a qualified employee to wear a mask or to utilize other personal protective equipment2 or 7,c7 conducting any symptom check as described in subsection 7d77#c74 7c7 ,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 located4 7d7 ,medical examinations and inquiries 7#a7 ,in general ,consistent with paragraph 7#b71 the prohibition against discrimination as referred to in subsection 7a7 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-#ai vaccine4 7#b7 ,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-#ai vaccine unless such examination or inquiry is shown to be job-related and consistent with business necessity4 7#c7 ,symptom checks permitted ,notwithstanding any other provision of this title1 a covered entity may implement basic health screenings that ask individuals if they have symptoms associated with ,,covid-#ai as long as the covered entity does not discriminate against a qualified employee1 as described in subsection 7a71 based on those symptoms1 provided that the covered entity does not discriminate on the basis of vaccination status when taking any action in response to any symptom check4 #bjc4 ,defenses 7a7 ,in general ,it may be a defense to a charge of discrimination under this title that an alleged application of qualification standards1 tests1 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 necessity1 and such performance cannot be accomplished by reasonable accommodation1 as required under this title4 7b7 ,religious entities 7#a7 ,in general ,this title shall not prohibit a religious corporation1 association1 educational institution1 or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation1 association1 educational institution1 or society of its activities4 7#b7 ,religious tenets requirement ,under this title1 a religious organization may require that all applicants and employees conform to the religious tenets of such organization4 #bjd4 ,remedies and enforcement 7a7 ,employees covered by title ,,vii of the ,civil ,rights ,act of #aifd 7#a7 ,in general ,the powers1 remedies1 and procedures provided in sections #gje1 #gjf1 #gjg1 #gji1 #gaj1 and #gaa of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#d et seq47 to the ,commission1 the ,attorney ,general1 or any person alleging a violation of title ,,vii of such ,act 7#db ,u4,s4,c4 #bjjj;e et seq47 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #bja7c77;,a7 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,board or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,board or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 7b7 ,employees covered by section #gag of the ,civil ,rights ,act of #aifd 7#a7 ,in general ,the powers1 remedies1 and procedures provided in section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person alleging a violation of that section shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #bja7c77;,b71 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 7c7 ,prohibition against retaliation 7#a7 ,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 charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this title4 7#b7 ,prohibition against coercion ,it shall be unlawful to coerce1 intimidate1 threaten1 or interfere with any individual in the exercise or enjoyment of1 or on account of such individual having exercised or enjoyed1 or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of1 any right granted or protected by this title4 7#c7 ,remedy ,the remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection4 7d7 ,limitation ,notwithstanding subsections 7a77#c7 and 7b77#c71 if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this title or regulations implementing this title1 damages may not be awarded under section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7 if the covered entity demonstrates good faith efforts1 in consultation with the qualified employee1 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 entity4 ,b ,nondiscrimination in public accommodation #baa4 ,definitions ,in this subtitle3 7#a7 ,,ada terms ,the terms commerce1 commercial facilities1 private entity1 and public accommodation have the meanings given those terms in section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha74 7#b7 ,individual who has not received a ,,covid-#ai vaccine ,the term individual who has not received a ,,covid-#ai vaccine means an individual who has not received a ,,covid-#ai vaccine or who does not have or cannot produce proof of having such a vaccine4 7#c7 ,vaccination status ,the term vaccination status means-- 7,a7 an individual's status based on the voluntary election to receive or not to receive a ,,covid-#ai vaccine2 and 7,b7 regardless of whether someone has or has not been vaccinated against ,,covid-#ai1 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-#ai4 #bab4 ,prohibition of discrimination by places of public accommodation 7a7 ,general rule ,subject to the provisions of this subtitle1 no individual shall be discriminated against on the basis of vaccination status1 or the individual's unwillingness or inability to present a vaccine passport or other proof of having a ,,covid-#ai vaccine1 in the full and equal enjoyment of the goods1 services1 facilities1 privileges1 advantages1 or accommodations of any place of public accommodation by any person who owns1 leases 7or leases to71 or operates a place of public accommodation4 7b7 ,construction 7#a7 ,general prohibition 7,a7 ,activities 7i7 ,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 individuals1 directly1 or through contractual1 licensing1 or other arrangements1 to a denial of the opportunity of the individual or class to participate in or benefit from the goods1 services1 facilities1 privileges1 advantages1 or accommodations of an entity4 7ii7 ,participation in unequal benefit ,it shall be discriminatory to afford an individual or class of individuals1 on the basis of vaccination status of such individual or class of individuals1 directly1 or through contractual1 licensing1 or other arrangements with the opportunity to participate in or benefit from a good1 service1 facility1 privilege1 advantage1 or accommodation that is not substantially equal to that afforded to other individuals4 7iii7 ,separate benefit ,it shall be discriminatory to provide an individual or class of individuals1 on the basis of vaccination status of such individual or class of individuals1 directly1 or through contractual1 licensing1 or other arrangements with a good1 service1 facility1 privilege1 advantage1 or accommodation that is different or separate from that provided to other individuals1 unless such action is necessary to provide the individual or class of individuals with a good1 service1 facility1 privilege1 advantage1 or accommodation1 or other opportunity that is as effective as that provided to others4 7iv7 ,individual or class of individuals ,for purposes of clauses 7i7 through 7iii7 of this subparagraph1 the term individual or class of individuals refers to the clients or customers of the covered public accommodation that enters into the contractual1 licensing or other arrangement4 7,b7 ,integrated settings ,goods1 services1 facilities1 privileges1 advantages1 and accommodations shall be afforded to an individual regardless of vaccination status in the most integrated setting appropriate4 7,c7 ,opportunity to participate ,notwithstanding the existence of separate or different programs or activities provided in accordance with this section1 an individual who has not received a ,,covid-#ai vaccine shall not be denied the opportunity to participate in such programs or activities that are not separate or different4 7,d7 ,administrative methods ,an individual or entity shall not1 directly or through contractual or other arrangements1 utilize standards or criteria or methods of administration-- 7i7 that have the effect of discriminating on the basis of vaccination status2 or 7ii7 that perpetuate the discrimination of others who are subject to common administrative control4 7,e7 ,association ,it shall be discriminatory to exclude or otherwise deny equal goods1 services1 facilities1 privileges1 advantages1 accommodations1 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 association4 7#b7 ,specific prohibitions 7,a7 ,discrimination ,for purposes of subsection 7a71 discrimination includes-- 7i7 the imposition or application of eligibility criteria that screen out or tend to screen out an individual who has not had a ,,covid-#ai vaccine or any class of such individuals from fully and equally enjoying any goods1 services1 facilities1 privileges1 advantages1 or accommodations1 unless such criteria can be shown to be necessary for the provision of the goods1 services1 facilities1 privileges1 advantages1 or accommodations being offered2 and 7ii7 a failure to make reasonable modifications in policies1 practices1 or procedures1 when such modifications are necessary to afford such goods1 services1 facilities1 privileges1 advantages1 or accommodations to individuals who have not received a ,,covid-#ai vaccine1 unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods1 services1 facilities1 privileges1 advantages1 or accommodations4 7#c7 ,specific construction ,nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods1 services1 facilities1 privileges1 advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others4 ,the term direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies1 practices1 or procedures or by physical distancing1 wearing a mask1 or wearing personal protective equipment4 7c7 ,distancing and ,,ppe ,notwithstanding any other provision of this section1 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 distancing1 wear a mask1 or wear personal protective equipment4 #bac4 ,prohibition of discrimination in specified public transportation services provided by private entities 7a7 ,general rule ,no individual shall be discriminated against on the basis of vaccination status1 or the individual's unwillingness or inability to present a vaccine passport or other proof of vaccinations status1 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 commerce4 7b7 ,construction ,for purposes of subsection 7a71 discrimination includes-- 7#a7 the imposition or application by an entity described in subsection 7a7 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 entity1 unless such criteria can be shown to be necessary for the provision of the services being offered2 and 7#b7 the failure of such entity to make reasonable modifications1 including physical distancing for an unvaccinated individual or an unvaccinated individual wearing a mask or personal protective equipment1 to the extent that the unvaccinated individual interacts with individuals who are vulnerable to ,,covid-#ai and unvaccinated for ,,covid-#ai4 7c7 ,distancing and ,,ppe ,notwithstanding any other provision of this section1 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 distancing1 wear a mask1 or wear personal protective equipment4 #bad4 ,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 #aifd 7#db ,u4,s4,c4 #bjjj-;a7e77 or to religious organizations or entities controlled by religious organizations1 including places of worship4 #bae4 ,enforcement 7a7 ,availability of remedies and procedures ,the remedies and procedures set forth in section #bjd7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a-#c7;a77 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 subtitle4 ,nothing in this section shall require a person who has not received a ,,covid-#ai 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 provisions4 7b7 ,enforcement by the attorney general 7#a7 ,denial of rights 7,a7 ,authority to investigate ,the ,attorney ,general shall have the authority to investigate alleged violations of this subtitle1 and shall undertake periodic reviews of compliance of entities subject to this subtitle4 7,b7 ,potential violation ,if the ,attorney ,general has reasonable cause to believe that-- 7i7 any person or group of persons is engaged in a pattern or practice of discrimination under this subtitle2 or 7ii7 any person or group of persons has been discriminated against under this subtitle and such discrimination raises an issue of general public importance2 the ,attorney ,general may commence a civil action in any appropriate ,united ,states district court4 7#b7 ,authority of court ,in a civil action under paragraph 7#a77;,b71 the court-- 7,a7 may grant any equitable relief that such court considers to be appropriate1 including1 to the extent required by this subtitle-- 7i7 granting temporary1 preliminary1 or permanent relief2 7ii7 providing a modification of policy1 practice1 or procedure1 or alternative method2 and 7iii7 making reasonable accommodations for individuals who have not received a ,,covid-#ai vaccine2 7,b7 may award such other relief as the court considers to be appropriate1 including monetary damages to individuals aggrieved when requested by the ,attorney ,general2 and 7,c7 may1 to vindicate the public interest1 assess a civil penalty against the entity subject to this subtitle in an amount-- 7i7 not exceeding #ej1jjj for a first violation2 and 7ii7 not exceeding #ajj1jjj for any subsequent violation4 7#c7 ,single violation ,for purposes of paragraph 7#b77;,c71 in determining whether a first or subsequent violation has occurred1 a determination in a single action1 by judgment or settlement1 that the entity subject to this subtitle has engaged in more than one discriminatory act shall be counted as a single violation4 7#d7 ,punitive damages ,for purposes of paragraph 7#b77;,b71 the term monetary damages and such other relief does not include punitive damages4 7#e7 ,judicial consideration ,in a civil action under paragraph 7#a77;,b71 the court1 when considering what amount of civil penalty1 if any1 is appropriate1 shall give consideration to any good faith effort or attempt to comply with this ,act by the entity4 ,in evaluating good faith1 the court shall consider1 among other factors it deems relevant1 whether the entity could have reasonably anticipated the need for a reasonable accommodation for individuals who have not received a ,,covid-#ai vaccine4 #baf4 ,effective date ,this subtitle shall become effective #ij days after the date of the enactment of this ,act4 ,c ,nondiscrimination by a public entity and access to ,federal services #bba4 ,nondiscrimination by a public entity 7a7 ,in general ,subject to the provisions of this subtitle1 no qualified individual who has not received a ,,covid-#ai vaccine shall1 by reason of such vaccination status1 including the qualified individual's unwillingness or inability to present a vaccine passport or other proof of having a ,,covid-#ai vaccine1 be excluded from participation in or be denied the benefits of the services1 programs1 or activities of a public entity1 or be subjected to discrimination by any such entity4 7b7 ,right ,to vote shall not be impaired ,it shall be unlawful for any ,state or political subdivision1 as such term is used in the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 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 vote1 including to vote in person1 in any election involving any candidate for ,federal office4 7c7 ,rule of construction ,notwithstanding subsection 7a71 a public entity shall not be considered in violation of subsection 7a7 if that public entity requires a qualified individual who has not received a ,,covid-#ai vaccine to engage in physical distancing1 wear a mask1 or wear personal protective equipment4 7d7 ,enforcement ,the remedies1 procedures1 and rights set forth in section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a7 shall be the remedies1 procedures1 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-#ai vaccine in violation of this section4 7e7 ,definitions 7#a7 ,qualified individual who has not received a ,,covid-#ai vaccine ,the term qualified individual who has not received a ,,covid-#ai vaccine means an individual who-- 7,a7 has voluntarily elected not to receive a ,,covid-#ai vaccine2 and 7,b7 with or without reasonable modifications to rules1 policies1 or practices1 including physical distancing1 mask wearing1 wearing personal protective equipment1 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 entity4 7#b7 ,public entity ,the term public entity has the meaning given that term in section #bja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca74 #bbb4 ,access to ,federal services 7a7 ,federal services 7#a7 ,in ,general ,no otherwise qualified individual who has not received a ,,covid-#ai vaccine1 shall1 solely by reason of her or his vaccine status1 be excluded from the participation in1 be denied the benefits of1 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 ,service4 7#b7 ,regulations ,the head of each such agency shall promulgate such regulations as may be necessary to carry out this section4 7#c7 ,program or activity ,in this section the term program or activity has the meaning given that term in section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7b7 ,petition2 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-#ai vaccine4 ,proof of ,,covid-#ai vaccination shall not be a requirement for access to ,federal property or ,federal services1 or for access to congressional grounds or services4 7c7 ,exception relating to admission and departure of aliens 7#a7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary of ,homeland ,security may request1 require1 and collect vaccination records providing evidence of vaccination for ,,covid-#ai1 ,,sars-,co,v-#b1 or any variant of ,,covid-#ai or ,,sars-,co,v-#b from any alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 seeking admission to the ,united ,states or departing the ,united ,states1 to the extent necessary to ensure public health4 7#b7 ,recordkeeping ,the ,secretary of ,homeland ,security may maintain such evidence of vaccination and any ancillary documentation for a period the ,secretary considers necessary4 7#c7 ,privacy ,information collected or maintained under paragraph 7#a7 or 7#b7 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 ,security4 7#d7 ,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 ,states4