HR271-118

1. Short title This Act may be cited as the Restoring Normalcy in America Act.

2. HHS COVID–19 study The Secretary of Health and Human Services shall conduct a study on— 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); 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; 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))); the level of preparedness of the United States for future pandemics; and the cause and origins of the COVID–19 pandemic. 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). 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.

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.

4. COVID–19 funding audit 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— an accounting of the amount of such funds that have been obligated or expended, disaggregated by agency and activity; and an accounting of any such funds that remain unobligated and available for rescission. 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).

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.

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: In section 201, by inserting after on the ground of race, color, religion, the following: failure to receive a vaccination against COVID–19,. In section 202, by inserting after on the ground of race, color, religion, the following: failure to receive a vaccination against COVID–19,.

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,.

8. COVID–19 vaccination status and employment At the request of a covered individual, the Secretary concerned shall— 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 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. In this section: The term adverse action includes involuntary separation, demotion, and discipline. 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. The term Secretary concerned has the meaning given such term in section 101 of title 10, United States Code. 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. Any notation of an adverse action with respect to such removal in the personnel record file of such an individual shall be removed. 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— 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 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.