What This Bill Does
This bill eliminates a vaccination requirement that foreign travelers must follow to enter the United States by airplane. It stops the use of federal money to enforce this rule. The bill also requires a report on how many foreign visitors were denied entry under this requirement.
Who It Affects
Foreign travelers entering the United States by airplane, the Centers for Disease Control and Prevention (the federal health agency that created the rule), and Congress.
Key Provisions
• The air travel vaccination requirement for foreign travelers has no legal force starting when this bill becomes law. (Sec. 2(a))
• No federal money can be used to administer, enforce or carry out the air travel vaccination requirement for foreign travelers beginning when this bill becomes law. (Sec. 2(b))
• The Director of the Centers for Disease Control and Prevention must submit a report to Congress within 90 days of this bill becoming law listing how many visitors were denied entry under the vaccination requirement between April 7, 2022 and the date the bill becomes law. (Sec. 3)
• This bill does not affect a separate order requiring negative COVID-19 test results or proof of recovery from COVID-19 for passengers traveling to the United States from China or departing from certain airports. (Sec. 4)
What Changes
The requirement that foreign airplane travelers show proof of COVID-19 vaccination to enter the United States stops having any legal effect. Federal agencies can no longer spend money enforcing this rule.
Important Definitions
The bill defines "air travel vaccination requirement for foreign travelers" as two specific orders issued by the Centers for Disease Control and Prevention related to COVID-19 vaccination proof for foreign airplane passengers entering the United States.
Effective Date
The date this bill becomes law (the date of enactment).
II
118TH CONGRESS
1ST SESSION
S. 641
To terminate the requirement imposed by the Director of the Centers for
Disease Control and Prevention for proof of COVID–19 vaccination for
foreign travelers, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 2, 2023
Mr. LEE (for himself, Mr. MARSHALL, Mr. DAINES, Mr. RUBIO, Mr. SCOTT
of Florida, Mr. RICKETTS, and Ms. LUMMIS) introduced the following
bill; which was read twice and referred to the Committee on Health, Edu-
cation, Labor, and Pensions
A BILL
To terminate the requirement imposed by the Director of
the Centers for Disease Control and Prevention for proof
of COVID–19 vaccination for foreign travelers, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fair Removal of Exist-
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ing and Enforced Bans on Immunization Relating to Des-
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tination Act’’ or the ‘‘FREEBIRD Act’’.
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•S 641 IS
SEC. 2. TERMINATING CDC REQUIREMENT FOR PROOF OF
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COVID–19 VACCINATION FOR FOREIGN TRAV-
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ELERS.
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(a) IN GENERAL.—Beginning on the date of the en-
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actment of this Act, the air travel vaccination requirement
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for foreign travelers shall have no force or effect.
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(b) PROHIBITION ON FUNDING.—Beginning on the
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date of the enactment of this Act, no Federal funds may
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be used to administer, implement, or enforce the air travel
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vaccination requirement for foreign travelers.
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(c) AIR TRAVEL VACCINATION REQUIREMENT FOR
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FOREIGN TRAVELERS.—In this Act, the term ‘‘air travel
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vaccination requirement for foreign travelers’’ refers to the
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requirement specified in—
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(1) the order issued by the Director of the Cen-
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ters for Disease Control and Prevention entitled
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‘‘Amended Order Implementing Presidential Procla-
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mation on Advancing the Safe Resumption of Global
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Travel During the COVID–19 Pandemic’’ and pub-
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lished in the Federal Register on April 7, 2022 (87
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Fed. Reg. 20405 et seq.), for proof of COVID–19
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vaccination for air travelers who are covered individ-
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uals (as defined in such order); or
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(2) any successor or subsequent order of the
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Centers for Disease Control and Prevention requir-
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ing foreign persons traveling by air to show proof of
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•S 641 IS
COVID–19 vaccination as a condition on entering
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the United States.
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SEC. 3. REPORT.
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Not later than 90 days after the date of the enact-
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ment of this Act, the Director of the Centers for Disease
5
Control and Prevention shall submit a report to Congress
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on the number of visitors denied entry under the order
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specified in section 2(c)(1) during the period beginning on
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April 7, 2022, and ending on the date of the enactment
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of this Act.
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SEC. 4. RULE OF CONSTRUCTION.
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Nothing in this Act may be construed to suggest that
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the provisions of section 2 shall effect the order issued
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by the Director of the Centers for Disease Control and
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Prevention entitled ‘‘Requirements for Negative Pre-De-
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parture COVID–19 Test Results or Documentation of Re-
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covery from COVID–19 for Aircraft Passengers Traveling
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to the United States From the People’s Republic of
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China’’ and published in the Federal Register on January
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5, 2023 (88 Fed. Reg. 864) for proof of negative pre-de-
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parture COVID–19 test results or documentation of recov-
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ery from COVID–19 for aircraft passengers traveling to
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the United States from the People’s Republic of China or
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departing from a designated airport (as defined in such
24
order) if such passenger has been in the People’s Republic
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•S 641 IS
of China within the 10 days prior to departure for the
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United States.
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Æ
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