Restoring Normalcy in America Act

Subjects: Health

Summary:  <p><b>Restoring Normalcy in America Act</b></p> <p>This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic.</p> <p>Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities.</p> <p>Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge.</p> <p>In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file.</p> <p>Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters.</p> <p>The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 271 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 271

     To provide for greater accountability with respect to Federal 
    activities and expenditures relating to COVID-19, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2023

  Mr. Estes introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
    Education and the Workforce, the Judiciary, Armed Services, and 
     Oversight and Accountability, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To provide for greater accountability with respect to Federal 
    activities and expenditures relating to COVID-19, 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.

    This Act may be cited as the ``Restoring Normalcy in America Act''.

SEC. 2. HHS COVID-19 STUDY.

    (a) In General.--The Secretary of Health and Human Services shall 
conduct a study on--
            (1) the effectiveness of vaccines licensed under section 
        351 of the Public Health Service Act (42 U.S.C. 262) or 
        authorized for emergency use under section 564 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) in providing 
        immunization against COVID-19 (including any additional doses 
        of such a vaccine to be administered after the primary series 
        of doses);
            (2) the effectiveness of treatments approved under section 
        505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        355), licensed under section 351 of the Public Health Service 
        Act (42 U.S.C. 262), or authorized for emergency use under 
        section 564 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 360bbb-3) to treat COVID-19;
            (3) the rate of transmission of SARS-CoV-2 throughout the 
        United States, beginning on the first day of the emergency 
        period (as defined in section 1135(g)(1)(B) of the Social 
        Security Act (42 U.S.C. 1320b-5(g)(1)(B)));
            (4) the level of preparedness of the United States for 
        future pandemics; and
            (5) the cause and origins of the COVID-19 pandemic.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report on the findings of the study conducted under subsection (a).
    (c) Funding.--Of the amounts made available to the Secretary of 
Health and Human Services in appropriations Acts that remain 
unobligated as of the date of the enactment of this Act, the Secretary 
may use not more than 3 percent of such funds to carry out this 
section.

SEC. 3. TERMINATION OF EMERGENCY USE AUTHORITY FOR COVID-19 PREVENTION 
              AND TREATMENT.

    Effective on the date of the enactment of this Act, the Secretary 
of Health and Human Services, acting through the Commissioner of Food 
and Drugs, may not authorize under section 564 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) for emergency use any drug, 
biological product, or device for use in the prevention or treatment of 
COVID-19.

SEC. 4. COVID-19 FUNDING AUDIT.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit of all Federal funding made available to the Secretary 
of Health and Human Services, the Commissioner of Food and Drugs, and 
the Director of the Centers for Disease Control and Prevention for 
programs and activities relating to COVID-19. Such audit shall 
include--
            (1) an accounting of the amount of such funds that have 
        been obligated or expended, disaggregated by agency and 
        activity; and
            (2) an accounting of any such funds that remain unobligated 
        and available for rescission.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Congress a report on the findings of the audit 
conducted under subsection (a).

SEC. 5. UNLAWFUL EMPLOYMENT PRACTICE UNDER TITLE VII OF THE CIVIL 
              RIGHTS ACT OF 1964 FOR FAILURE TO OFFER RE-EMPLOYMENT TO 
              EMPLOYEES DISCHARGED FOR FAILURE TO RECEIVE A VACCINATION 
              AGAINST COVID-19.

    For purposes of section 703(a) of title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2003-2(a)), it shall be an unlawful employment 
practice for an employer to fail to give on request full consideration 
for, and to offer a position at the pay and level equal to the 
applicable pre-discharge pay and level, of employment to an individual 
previously discharged from employment by such employer based on such 
individual's failure to receive a vaccination against COVID-19.

SEC. 6. COVID-19 VACCINATION STATUS AND PLACES OF PUBLIC ACCOMMODATION.

    Title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) 
is amended as follows:
            (1) In section 201, by inserting after ``on the ground of 
        race, color, religion,'' the following: ``failure to receive a 
        vaccination against COVID-19,''.
            (2) In section 202, by inserting after ``on the ground of 
        race, color, religion,'' the following: ``failure to receive a 
        vaccination against COVID-19,''.

SEC. 7. COVID-19 VACCINATION STATUS AND FEDERALLY ASSISTED PROGRAMS.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended by inserting ``failure to receive a vaccination against COVID-
19,'' before ``race, color,''.

SEC. 8. COVID-19 VACCINATION STATUS AND EMPLOYMENT.

    (a) Reinstatement of Members of the Armed Forces Involuntarily 
Separated for Refusing To Receive a Vaccination Against COVID-19.--
            (1) Reinstatement.--At the request of a covered individual, 
        the Secretary concerned shall--
                    (A) reinstate the covered individual as a member of 
                the Armed Force concerned, in the same rank and grade 
                the covered individual held at the time of separation 
                from the Armed Force concerned; and
                    (B) expunge from the military service record of the 
                covered individual any reference to adverse action 
                against the covered individual solely on the basis of 
                the refusal of the covered individual to receive a 
                vaccination against COVID-19.
            (2) Definitions.--In this section:
                    (A) The term ``adverse action'' includes 
                involuntary separation, demotion, and discipline.
                    (B) The term ``covered individual'' means an 
                individual who was involuntarily separated from an 
                Armed Force solely on the basis of the refusal of such 
                individual to receive a vaccination against COVID-19.
                    (C) The term ``Secretary concerned'' has the 
                meaning given such term in section 101 of title 10, 
                United States Code.
    (b) Reinstatement of Federal Employees Involuntarily Separated for 
Refusing To Receive COVID-19 Vaccine.--
            (1) In general.--Any individual removed from the civil 
        service (as that term is defined in section 2101 of title 5, 
        United States Code) solely on the basis of the refusal of the 
        individual to receive a vaccination against COVID-19 may, at 
        the discretion of the individual, be reinstated to a civil 
        service position at the same grade or level, and same rate of 
        pay, as the position from which the individual was so removed.
            (2) Other matters.--Any notation of an adverse action with 
        respect to such removal in the personnel record file of such an 
        individual shall be removed.
    (c) Unlawful Employment Practice Under Title VII of the Civil 
Rights Act of 1964 for Failure To Receive a Vaccination Against COVID-
19.--For purposes of section 703 of title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2003-2), it shall be an unlawful employment practice 
for an employer--
            (1) to fail or refuse to hire or to discharge any 
        individual, or otherwise to discriminate against any individual 
        with respect to his compensation, terms, conditions, or 
        privileges of employment, based on such individual's failure to 
        receive a vaccination against COVID-19; or
            (2) to limit, segregate, or classify his employees or 
        applicants for employment in any way which would deprive or 
        tend to deprive any individual of employment opportunities or 
        otherwise adversely affect his status as an employee, based on 
        such individual's failure to receive a vaccination against 
        COVID-19.
                                 &lt;all&gt;
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