[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 772 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 772
To prohibit the Federal Government from issuing vaccine passports, to
prohibit businesses from discriminating against patrons and customers
by requiring documentation certifying COVID-19 vaccination, or post-
transmission recovery, as a condition on the provision of products or
services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Davidson introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committees on Energy and Commerce, and Education and the Workforce, 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 prohibit the Federal Government from issuing vaccine passports, to
prohibit businesses from discriminating against patrons and customers
by requiring documentation certifying COVID-19 vaccination, or post-
transmission recovery, as a condition on the provision of products or
services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccine Passport Prevention Act of
2023''.
SEC. 2. PROHIBITION AGAINST VACCINE PASSPORTS.
(a) No Government-Issued Vaccine Passports.--
(1) Federal government.--The Federal Government shall not--
(A) issue any vaccine passport; or
(B) discriminate against any person by requiring
documentation certifying COVID-19 vaccination, or post-
transmission recovery, as a condition on the provision
of any service or benefit.
(2) State, tribal, and local governments.--
(A) Prohibition.--As a condition on receipt of any
Federal funds made available by or under any of the
Acts listed in subparagraph (B), no State, Tribal, or
local government shall--
(i) issue any vaccine passport; or
(ii) discriminate against person by
requiring documentation certifying COVID-19
vaccination, or post-transmission recovery, as
a condition on the provision of any service or
benefit.
(B) Specified acts.--The Acts listed in this
subparagraph are the following:
(i) The Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020
(Public Law 116-123).
(ii) The Families First Coronavirus
Response Act (Public Law 116-127).
(iii) The CARES Act (Public Law 116-136).
(iv) The Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-
139).
(v) The American Rescue Plan Act of 2021
(Public Law 117-2).
(C) Exception.--Subparagraph (A) does not apply
with respect to a school, including any kindergarten,
elementary school, secondary school, and institution of
higher education.
(3) Definition.--In this subsection, the term ``vaccine
passport''--
(A) means any standardized documentation for the
purpose of certifying an individual's COVID-19
vaccination status to a third party; and
(B) excludes any documentation to the extent it is
issued for the purpose of health care records.
(b) No Discrimination in Provision of Products and Services.--
(1) Prohibition.--No entity providing any product or
service in or affecting interstate commerce shall require any
patron or customer to provide any documentation certifying
COVID-19 vaccination, or post-transmission recovery, as a
condition on the provision of such product or service.
(2) Exception.--Paragraph (1) does not apply with respect
to the provision of--
(A) education by any school, including any
kindergarten, elementary school, secondary school, and
institution of higher education; or
(B) health care products and services.
(3) Penalty.--Whoever is found in a civil action to enforce
this subsection to be in violation of paragraph (1) shall be
ineligible to be awarded, during the 2-year period beginning on
the date on which such finding becomes final, any Federal grant
or contract.
(4) Private right of action.--
(A) In general.--Any person who is denied a
provision or service, or who is discriminated against
in the provision of a product or service, in violation
of paragraph (1), may commence a civil action in an
appropriate district court of the United States to seek
injunctive relief with respect to such violation.
(B) Reasonable costs.--In a civil action under
subparagraph (A), the court may allow the prevailing
party reasonable costs, including attorney's fees.
SEC. 3. PROHIBITION ON VACCINATION AS A CONDITION OF FEDERAL
EMPLOYMENT.
(a) In General.--The Federal Government shall not require that a
Federal employee receive a COVID-19 vaccine as a condition of
employment.
(b) Exception.--Subsection (a) does not apply with respect to
employees of the Department of Defense.
SEC. 4. REQUIRED EXEMPTIONS FOR CERTAIN SCHOOLS MANDATING COVID-19
VACCINE.
(a) In General.--If a school requires a student to receive a COVID-
19 vaccine as a condition on enrollment or continued enrollment, the
Secretary of Education may not award any financial assistance to such
school, directly or indirectly through a State educational agency or
local educational agency, unless the school provides the following
exemptions from such requirement:
(1) Religious exemption.--Based on an objection in good
faith that immunization would violate the student's religious
beliefs.
(2) Medical exemption.--Based on a certification--
(A) by a physician that immunization of the student
is medically inadvisable; or
(B) by a public health authority of the relevant
State or locality that immunization for students in a
category in which such student belongs is medically
inadvisable.
(3) Reasons of conscience exemption.--Based on an objection
in good faith that immunization would violate reasons of
conscience.
(4) Natural immunity exemption.--Based on the student
having had COVID-19 and acquired natural immunity.
(b) Form.--An objection or certification described in paragraph
(1), (2), (3), or (4) of subsection (a) shall be submitted in writing
to the chief official of the school by, as applicable, the student or
the student's parent or legal guardian.
(c) Definitions.--In this section:
(1) The terms ``elementary school'' and ``secondary
school'' have the meanings given to such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) The term ``institution of higher education'' has the
meaning given to such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``school'' means a public or private
kindergarten, a public or private elementary school or
secondary school, or an institution of higher education.
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