What This Bill Does
This bill prevents the federal government from requiring COVID-19 vaccination as a condition for interstate travel. The bill also prohibits transportation companies from denying service to people based on their COVID-19 vaccination status.
Who It Affects
The bill affects the following groups:
* The Surgeon General (the doctor who leads the U.S. Public Health Service)
* The Secretary of Health and Human Services (a cabinet member overseeing health policy)
* Federal agencies
* Transportation companies that move passengers between states, including airlines, railroads, bus companies and water transportation services
* Individual travelers using interstate transportation
Key Provisions
* The Surgeon General, Secretary of Health and Human Services and federal agencies cannot require COVID-19 vaccination as a requirement for interstate travel, transportation or movement (Sec. 2)
* Transportation companies providing interstate passenger service cannot deny service to any person based solely on their COVID-19 vaccination status (Sec. 3)
* This bill does not affect state or local rules about travel within a single state (Sec. 3)
* Congress and executive agencies cannot create or enforce COVID-19 vaccine mandates through this law or changes made by this law (Sec. 4)
What Changes
Federal agencies lose the power to mandate COVID-19 vaccination for interstate travel. Interstate transportation companies can no longer use COVID-19 vaccination status as a reason to refuse service to passengers.
Important Definitions
* Interstate travel: movement between different states
* Common carrier: a company that transports people for payment and must serve the public without discrimination
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 899
To prohibit the Federal Government from mandating vaccination against
COVID–19 for interstate travel.
IN THE SENATE OF THE UNITED STATES
MARCH 21, 2023
Mr. LEE (for himself, Mr. BRAUN, and Mr. SULLIVAN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Com-
merce, Science, and Transportation
A BILL
To prohibit the Federal Government from mandating
vaccination against COVID–19 for interstate travel.
Be it enacted by the Senate and House of Representa-
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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 ‘‘Let Me Travel America
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Act’’.
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SEC. 2. LIMITATION ON AUTHORITY OF SURGEON GEN-
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ERAL.
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Section 361 of the Public Health Service Act (42
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U.S.C. 264) is amended by adding at the end the fol-
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lowing:
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•S 899 IS
‘‘(f) Nothing in this section shall be construed to pro-
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vide the Surgeon General, the Secretary of Health and
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Human Services, or any Federal agency with the authority
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to mandate vaccination against Coronavirus Disease 2019
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(COVID–19) as a prerequisite for interstate travel, trans-
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portation, or movement.’’.
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SEC. 3. INTERSTATE COMMON CARRIERS.
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(a) IN GENERAL.—Chapter 805 of title 49, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 80505. COVID–19 vaccination status
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‘‘(a) IN GENERAL.—An entity described in subsection
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(b) may not deny service to any individual solely based
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on the vaccination status of the individual with respect
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to the Coronavirus Disease 2019 (COVID–19).
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‘‘(b) ENTITY DESCRIBED.—An entity referred to in
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subsection (a) is a common carrier or any other entity,
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including a rail carrier (as defined in section 10102, in-
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cluding Amtrak), a motor carrier (as defined in section
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13102), a water carrier (as defined in that section), and
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an air carrier (as defined in section 40102), that—
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‘‘(1) provides interstate transportation of pas-
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sengers; and
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•S 899 IS
‘‘(2) is subject to the jurisdiction of the Depart-
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ment of Transportation or the Surface Transpor-
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tation Board under this title.
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‘‘(c) SAVINGS PROVISION.—Nothing in this section
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applies to the regulation of intrastate travel, transpor-
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tation, or movement, including the intrastate transpor-
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tation of passengers.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chap-
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ter 805 of title 49, United States Code, is amended by
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inserting after the item relating to section 80504 the fol-
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lowing:
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‘‘80505. COVID–19 vaccination status.’’.
SEC. 4. RULE OF CONSTRUCTION.
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Nothing in this Act, or an amendment made by this
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Act, shall be construed to permit or otherwise authorize
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Congress or an executive agency to enact or otherwise im-
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pose a COVID–19 vaccine mandate.
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Æ
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