Keep Vaccines Voluntary Act

I 117TH CONGRESS 1ST SESSION H. R. 2414 To prohibit recipients of Federal COVID relief and Federal agencies from engaging in certain conduct that discriminates against individuals who have not been vaccinated against COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 8, 2021 Mr. LAMALFA introduced the following bill; which was referred to the Com- mittee on Oversight and Reform, and in addition to the Committees on Education and Labor, and Small Business, for a period to be subse- quently 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 recipients of Federal COVID relief and Federal agencies from engaging in certain conduct that discrimi- nates against individuals who have not been vaccinated against 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 ‘‘Keep Vaccines Vol- 4 untary Act’’. 5 VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2414 IH SEC. 2. DISCRIMINATION BASED ON COVID VACCINATION 1 STATUS. 2 (a) COVID RELIEF CONDITIONS.— 3 (1) BUSINESSES.— 4 (A) IN GENERAL.—No person or entity 5 may receive a grant or loan under paragraphs 6 (36) or (37) of section 7(a) of the Small Busi- 7 ness Act (15 U.S.C. 636(a)), section 7(b)(2) of 8 such Act pursuant to section 1110 of the 9 CARES Act (15 U.S.C. 9009), section 324 of 10 the Economic Aid to Hard-Hit Small Busi- 11 nesses, Nonprofits, and Venues Act (Public 12 Law 116–260), or any subsequent COVID–19 13 relief package, unless such person or entity cer- 14 tifies that the person or entity— 15 (i) will not condition providing service 16 to any individual solely on such individual 17 having been vaccinated against COVID– 18 19; and 19 (ii) will not, solely on the basis that 20 an individual has not been vaccinated 21 against COVID–19— 22 (I) terminate the employment or 23 adversely affect the compensation, 24 terms, conditions, or privileges of em- 25 ployment of such individual if such in- 26 VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2414 IH dividual is employed by such person or 1 entity; or 2 (II) fail or refuse to hire such in- 3 dividual. 4 (B) APPLICABILITY.—Subparagraph (A) 5 shall apply only with respect to agreements for 6 grants or loans entered into after the date of 7 the enactment of this Act. 8 (2) INSTITUTIONS OF HIGHER EDUCATION.— 9 (A) IN GENERAL.—No institution of higher 10 education (as defined under section 101 or 102 11 of title I of the Higher Education Act of 1965 12 (20 U.S.C. 1001 et seq.)) may receive Federal 13 funds under section 2003 of the American Res- 14 cue Plan of 2021 (Public Law 117–2) or any 15 subsequent COVID–19 relief package unless 16 such institution certifies that no rule or policy 17 that requires any separation of individuals who 18 are vaccinated against COVID–19 from individ- 19 uals who are not so vaccinated on the property 20 of such institution or at the activities of such 21 institution will be implemented by such institu- 22 tion. 23 (B) APPLICABILITY.—Subparagraph (A) 24 shall apply only with respect to— 25 VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2414 IH (i) payments made after the date of 1 the enactment of this Act; and 2 (ii) grants or loans initially made 3 after the date of the enactment of this Act. 4 (3) STATE AND LOCAL GOVERNMENTS.— 5 (A) IN GENERAL.—No covered State or 6 local government may receive a payment under 7 sections 602 through 605 of title VI of the So- 8 cial Security Act (42 U.S.C. 801 et seq.) unless 9 such covered State or local government certifies 10 that no law, regulation, rule, or policy (other 11 than a Federal law) that requires any separa- 12 tion of individuals who are vaccinated against 13 COVID–19 from individuals who are not so 14 vaccinated at any public location, business, or 15 other place of public accommodation will be en- 16 acted, implemented, or enforced by such covered 17 State or local government. 18 (B) DEFINITIONS.—In this paragraph: 19 (i) COUNTY; METROPOLITAN CITY; 20 NONENTITLEMENT UNIT OF LOCAL GOV- 21 ERNMENT; UNIT OF GENERAL LOCAL GOV- 22 ERNMENT.—The terms ‘‘county’’, ‘‘metro- 23 politan city’’, ‘‘nonentitlement unit of local 24 government’’, and ‘‘unit of general local 25 VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2414 IH government’’ have the meaning given such 1 terms in section 603(g) of title VI of the 2 Social Security Act (42 U.S.C. 803(g)). 3 (ii) COVERED STATE OR LOCAL GOV- 4 ERNMENT.—The term ‘‘covered State or 5 local government’’ means a State, terri- 6 tory, Tribal government, metropolitan city, 7 nonentitlement unit of local government, 8 unit of general local government, or coun- 9 ty. 10 (iii) PUBLIC ACCOMMODATION.—The 11 term ‘‘public accommodation’’ has the 12 meaning given such term in section 301 of 13 the Americans with Disabilities Act of 14 1990 (42 U.S.C. 12181). 15 (iv) STATE; TERRITORY; TRIBAL GOV- 16 ERNMENT.—The terms ‘‘State’’, ‘‘terri- 17 tory’’, and ‘‘Tribal government’’ have the 18 meaning given such terms in section 19 602(g) of title VI of the Social Security 20 Act (42 U.S.C. 802(g)). 21 (C) APPLICABILITY.—Subparagraph (A) 22 shall apply only with respect to payments made 23 after the date of the enactment of this Act. 24 VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2414 IH (b) FEDERAL EMPLOYMENT.—No Federal agency 1 (as defined in section 105 of title 5, United States Code) 2 may condition the appointment of an individual to any po- 3 sition in the civil or uniformed services (as such terms are 4 defined in section 2101 of title 5, United States Code) 5 on such individual being vaccinated against COVID–19. 6 Æ VerDate Sep 11 2014 22:19 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2414.IH H2414 kjohnson on DSK79L0C42PROD with BILLS