(ii) a failure to make reasonable modi-
fications in policies, practices, or proce-
dures, when such modifications are nec-
essary to afford such goods, services, facili-
ties, privileges, advantages, or accommoda-
tions to individuals who have not received 
a COVID–19 vaccine, unless the entity can 
demonstrate that making such modifica-
tions would fundamentally alter the nature 
of such goods, services, facilities, privi-
leges, 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 wear-
ing 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 vac-
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
cination 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 PRO-
VIDED BY PRIVATE ENTITIES. 
(a) GENERAL RULE.—No individual shall be dis-
criminated against on the basis of vaccination status, or 
the individual’s unwillingness or inability to present a vac-
cine 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 en-
gaged 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 individ-
uals 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 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
(2) the failure of such entity to make reason-
able modifications, including physical distancing for 
an unvaccinated individual or an unvaccinated indi-
vidual wearing a mask or personal protective equip-
ment, 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 vac-
cination 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 RELI-
GIOUS ORGANIZATIONS. 
The provisions of this subtitle shall not apply to pri-
vate 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 con-
trolled by religious organizations, including places of wor-
ship. 
SEC. 215. ENFORCEMENT. 
(a) AVAILABILITY
OF
REMEDIES
AND
PROCE-
DURES.—The remedies and procedures set forth in section 
204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a– 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
3(a)) are the remedies and procedures this subtitle pro-
vides to any person who is being subjected to discrimina-
tion 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 re-
quire a person who has not received a COVID–19 vaccine 
to engage in a futile gesture if such person has actual no-
tice 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 in-
vestigate alleged violations of this subtitle, and 
shall undertake periodic reviews of compliance 
of entities subject to this subtitle. 
(B) POTENTIAL VIOLATION.—If the Attor-
ney General has reasonable cause to believe 
that— 
(i) any person or group of persons is 
engaged in a pattern or practice of dis-
crimination under this subtitle; or 
(ii) any person or group of persons 
has been discriminated against under this 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
subtitle and such discrimination raises an 
issue of general public importance; 
the Attorney General may commence a civil ac-
tion 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, includ-
ing, 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 meth-
od; and 
(iii) making reasonable accommoda-
tions 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— 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
(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 para-
graph (2)(C), in determining whether a first or sub-
sequent 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 ac-
tion under paragraph (1)(B), the court, when con-
sidering what amount of civil penalty, if any, is ap-
propriate, shall give consideration to any good faith 
effort or attempt to comply with this Act by the en-
tity. In evaluating good faith, the court shall con-
sider, among other factors it deems relevant, wheth-
er the entity could have reasonably anticipated the 
need for a reasonable accommodation for individuals 
who have not received a COVID–19 vaccine. 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
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 Fed-
eral 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 participa-
tion in or be denied the benefits of the services, programs, 
or activities of a public entity, or be subjected to discrimi-
nation 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 require-
ment that a voter or voters must present a vaccine pass-
port or otherwise present information regarding their vac-
cination status in order to exercise the right to vote, in-
cluding to vote in person, in any election involving any 
candidate for Federal office. 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
(c) RULE OF CONSTRUCTION.—Notwithstanding sub-
section (a), a public entity shall not be considered in viola-
tion of subsection (a) if that public entity requires a quali-
fied 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, proce-
dures, and rights this title provides to any person alleging 
discrimination on the basis of status as a qualified indi-
vidual who has not received a COVID–19 vaccine in viola-
tion of this section. 
(e) DEFINITIONS.— 
(1) QUALIFIED INDIVIDUAL WHO HAS NOT RE-
CEIVED A COVID–19 VACCINE.—The term ‘‘qualified 
individual who has not received a COVID–19 vac-
cine’’ means an individual who— 
(A) has voluntarily elected not to receive a 
COVID–19 vaccine; and 
(B) with or without reasonable modifica-
tions to rules, policies, or practices, including 
physical distancing, mask wearing, wearing per-
sonal protective equipment, or undergoing a 
COVID-related symptom check meets the essen-
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
tial eligibility requirements for the receipt of 
services or the participation in programs or ac-
tivities 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 indi-
vidual 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 con-
ducted 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). 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
(b) PETITION; ACCESS TO PROPERTY.—An individ-
ual’s right to petition the Federal Government and an in-
dividual’s right to access Federal property shall not be af-
fected 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 con-
gressional grounds or services. 
(c) EXCEPTION RELATING TO ADMISSION AND DE-
PARTURE OF ALIENS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, the Secretary of Homeland Se-
curity 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 de-
fined in section 101(a) of the Immigration and Na-
tionality 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 Home-
land Security may maintain such evidence of vac-
cination and any ancillary documentation for a pe-
riod the Secretary considers necessary. 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS
(3) PRIVACY.—Information collected or main-
tained under paragraph (1) or (2) may not be trans-
mitted or communicated to any entity or individual 
other than an employee of the Department of Home-
land Security designated by the Secretary of Home-
land 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 admis-
sion of the alien to the United States or authoriza-
tion to remain in the United States. 
Æ 
VerDate Sep 11 2014 
04:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6301
E:\BILLS\H3868.IH
H3868
pbinns on DSKJLVW7X2PROD with BILLS