What This Bill Does
This bill is called the "Restoring Normalcy in America Act." It directs federal agencies to study COVID-19 vaccines, treatments and the pandemic's origins. The bill also changes laws to prevent employers and public places from denying jobs or services based on someone's COVID-19 vaccination status.
Who It Affects
- Federal agencies (Health and Human Services, Food and Drug Administration, Centers for Disease Control and Prevention)
- Military members separated for refusing COVID-19 vaccination
- Federal employees fired for refusing COVID-19 vaccination
- Private employers
- Public accommodations (restaurants, hotels, etc.)
- Federally-assisted programs (programs that receive government funding)
Key Provisions
- The Secretary of Health and Human Services must conduct a study on vaccine effectiveness, treatment effectiveness, transmission rates, pandemic preparedness and the origins of COVID-19, with a report due within one year of the law's enactment (Sec. 2)
- The government can no longer authorize new drugs, biological products or devices for emergency use to prevent or treat COVID-19 (Sec. 3)
- The Comptroller General must audit all federal COVID-19 spending and report findings within one year of enactment (Sec. 4)
- Military members separated solely for refusing COVID-19 vaccination can request reinstatement to their former rank and have negative records removed (Sec. 8(a))
- Federal employees removed solely for refusing COVID-19 vaccination can be reinstated to their former grade and pay level with negative records removed (Sec. 8(b))
- It becomes illegal for employers to refuse to hire, fire, or discriminate against workers based on COVID-19 vaccination status (Sec. 8(c))
- Public accommodations cannot deny services based on COVID-19 vaccination status (Sec. 6)
- Programs receiving federal funding cannot discriminate based on COVID-19 vaccination status (Sec. 7)
What Changes
If this law passes, employers can no longer make hiring or firing decisions based on someone's COVID-19 vaccination status. Military members and federal workers separated for refusing vaccination can request their jobs back. Public businesses like restaurants and hotels cannot require proof of vaccination. No new emergency-use authorizations for COVID-19 drugs or vaccines can be granted. The government must study pandemic response effectiveness and origins.
Important Definitions
- "Adverse action" includes involuntary separation, demotion and discipline (Sec. 8(a)(2)(A))
- "Covered individual" means someone involuntarily separated from the military solely for refusing COVID-19 vaccination (Sec. 8(a)(2)(B))
- "Secretary concerned" has the meaning given in section 101 of title 10, United States Code (Sec. 8(a)(2)(C))
Effective Date
The emergency use authorization termination takes effect on the date of enactment (Sec. 3). Not specified in bill text for other sections.
I
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 Edu-
cation 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Restoring Normalcy
4
in America Act’’.
5
SEC. 2. HHS COVID–19 STUDY.
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(a) IN GENERAL.—The Secretary of Health and
7
Human Services shall conduct a study on—
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(1) the effectiveness of vaccines licensed under
1
section 351 of the Public Health Service Act (42
2
U.S.C. 262) or authorized for emergency use under
3
section 564 of the Federal Food, Drug, and Cos-
4
metic Act (21 U.S.C. 360bbb–3) in providing immu-
5
nization against COVID–19 (including any addi-
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tional doses of such a vaccine to be administered
7
after the primary series of doses);
8
(2) the effectiveness of treatments approved
9
under section 505 of the Federal Food, Drug, and
10
Cosmetic Act (21 U.S.C. 355), licensed under sec-
11
tion 351 of the Public Health Service Act (42
12
U.S.C. 262), or authorized for emergency use under
13
section 564 of the Federal Food, Drug, and Cos-
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metic Act (21 U.S.C. 360bbb–3) to treat COVID–
15
19;
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(3) the rate of transmission of SARS–CoV–2
17
throughout the United States, beginning on the first
18
day of the emergency period (as defined in section
19
1135(g)(1)(B) of the Social Security Act (42 U.S.C.
20
1320b–5(g)(1)(B)));
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(4) the level of preparedness of the United
22
States for future pandemics; and
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(5) the cause and origins of the COVID–19
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pandemic.
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(b) REPORT.—Not later than one year after the date
1
of the enactment of this Act, the Secretary shall submit
2
to the Congress a report on the findings of the study con-
3
ducted under subsection (a).
4
(c) FUNDING.—Of the amounts made available to the
5
Secretary of Health and Human Services in appropria-
6
tions Acts that remain unobligated as of the date of the
7
enactment of this Act, the Secretary may use not more
8
than 3 percent of such funds to carry out this section.
9
SEC. 3. TERMINATION OF EMERGENCY USE AUTHORITY
10
FOR COVID–19 PREVENTION AND TREAT-
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MENT.
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Effective on the date of the enactment of this Act,
13
the Secretary of Health and Human Services, acting
14
through the Commissioner of Food and Drugs, may not
15
authorize under section 564 of the Federal Food, Drug,
16
and Cosmetic Act (21 U.S.C. 360bbb–3) for emergency
17
use any drug, biological product, or device for use in the
18
prevention or treatment of COVID–19.
19
SEC. 4. COVID–19 FUNDING AUDIT.
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(a) IN GENERAL.—The Comptroller General of the
21
United States shall conduct an audit of all Federal fund-
22
ing made available to the Secretary of Health and Human
23
Services, the Commissioner of Food and Drugs, and the
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Director of the Centers for Disease Control and Preven-
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•HR 271 IH
tion for programs and activities relating to COVID–19.
1
Such audit shall include—
2
(1) an accounting of the amount of such funds
3
that have been obligated or expended, disaggregated
4
by agency and activity; and
5
(2) an accounting of any such funds that re-
6
main unobligated and available for rescission.
7
(b) REPORT.—Not later than one year after the date
8
of the enactment of this Act, the Comptroller General of
9
the United States shall submit to the Congress a report
10
on the findings of the audit conducted under subsection
11
(a).
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SEC. 5. UNLAWFUL EMPLOYMENT PRACTICE UNDER TITLE
13
VII OF THE CIVIL RIGHTS ACT OF 1964 FOR
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FAILURE TO OFFER RE-EMPLOYMENT TO EM-
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PLOYEES DISCHARGED FOR FAILURE TO RE-
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CEIVE A VACCINATION AGAINST COVID–19.
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For purposes of section 703(a) of title VII of the Civil
18
Rights Act of 1964 (42 U.S.C. 2003–2(a)), it shall be an
19
unlawful employment practice for an employer to fail to
20
give on request full consideration for, and to offer a posi-
21
tion at the pay and level equal to the applicable pre-dis-
22
charge pay and level, of employment to an individual pre-
23
viously discharged from employment by such employer
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•HR 271 IH
based on such individual’s failure to receive a vaccination
1
against COVID–19.
2
SEC. 6. COVID–19 VACCINATION STATUS AND PLACES OF
3
PUBLIC ACCOMMODATION.
4
Title II of the Civil Rights Act of 1964 (42 U.S.C.
5
2000a et seq.) is amended as follows:
6
(1) In section 201, by inserting after ‘‘on the
7
ground of race, color, religion,’’ the following: ‘‘fail-
8
ure to receive a vaccination against COVID–19,’’.
9
(2) In section 202, by inserting after ‘‘on the
10
ground of race, color, religion,’’ the following: ‘‘fail-
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ure to receive a vaccination against COVID–19,’’.
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SEC. 7. COVID–19 VACCINATION STATUS AND FEDERALLY
13
ASSISTED PROGRAMS.
14
Section 601 of the Civil Rights Act of 1964 (42
15
U.S.C. 2000d) is amended by inserting ‘‘failure to receive
16
a vaccination against COVID–19,’’ before ‘‘race, color,’’.
17
SEC. 8. COVID–19 VACCINATION STATUS AND EMPLOY-
18
MENT.
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(a) REINSTATEMENT OF MEMBERS OF THE ARMED
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FORCES INVOLUNTARILY SEPARATED FOR REFUSING TO
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RECEIVE A VACCINATION AGAINST COVID–19.—
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(1) REINSTATEMENT.—At the request of a cov-
23
ered individual, the Secretary concerned shall—
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•HR 271 IH
(A) reinstate the covered individual as a
1
member of the Armed Force concerned, in the
2
same rank and grade the covered individual
3
held at the time of separation from the Armed
4
Force concerned; and
5
(B) expunge from the military service
6
record of the covered individual any reference to
7
adverse action against the covered individual
8
solely on the basis of the refusal of the covered
9
individual to receive a vaccination against
10
COVID–19.
11
(2) DEFINITIONS.—In this section:
12
(A) The term ‘‘adverse action’’ includes in-
13
voluntary separation, demotion, and discipline.
14
(B) The term ‘‘covered individual’’ means
15
an individual who was involuntarily separated
16
from an Armed Force solely on the basis of the
17
refusal of such individual to receive a vaccina-
18
tion against COVID–19.
19
(C) The term ‘‘Secretary concerned’’ has
20
the meaning given such term in section 101 of
21
title 10, United States Code.
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(b) REINSTATEMENT OF FEDERAL EMPLOYEES IN-
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VOLUNTARILY SEPARATED FOR REFUSING TO RECEIVE
24
COVID–19 VACCINE.—
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•HR 271 IH
(1) IN GENERAL.—Any individual removed from
1
the civil service (as that term is defined in section
2
2101 of title 5, United States Code) solely on the
3
basis of the refusal of the individual to receive a vac-
4
cination against COVID–19 may, at the discretion
5
of the individual, be reinstated to a civil service posi-
6
tion at the same grade or level, and same rate of
7
pay, as the position from which the individual was
8
so removed.
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(2) OTHER MATTERS.—Any notation of an ad-
10
verse action with respect to such removal in the per-
11
sonnel record file of such an individual shall be re-
12
moved.
13
(c) UNLAWFUL EMPLOYMENT PRACTICE UNDER
14
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 FOR FAIL-
15
URE TO RECEIVE A VACCINATION AGAINST COVID–19.—
16
For purposes of section 703 of title VII of the Civil Rights
17
Act of 1964 (42 U.S.C. 2003–2), it shall be an unlawful
18
employment practice for an employer—
19
(1) to fail or refuse to hire or to discharge any
20
individual, or otherwise to discriminate against any
21
individual with respect to his compensation, terms,
22
conditions, or privileges of employment, based on
23
such individual’s failure to receive a vaccination
24
against COVID–19; or
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•HR 271 IH
(2) to limit, segregate, or classify his employees
1
or applicants for employment in any way which
2
would deprive or tend to deprive any individual of
3
employment opportunities or otherwise adversely af-
4
fect his status as an employee, based on such indi-
5
vidual’s failure to receive a vaccination against
6
COVID–19.
7
Æ
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