No Vax Pass Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3762 To prohibit the use of any COVID–19 relief funds by a State or political subdivision thereof to develop or implement a vaccine passport system, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the use of any COVID–19 relief funds by a State or political subdivision thereof to develop or imple- ment a vaccine passport system, 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 ‘‘No Vax Pass Act of 4 2021’’. 5 VerDate Sep 11 2014 20:18 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3762.IH H3762 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3762 IH SEC. 2. PROHIBITION AGAINST USING COVID–19 RELIEF 1 FUNDS TO DEVELOP OR IMPLEMENT A VAC- 2 CINE PASSPORT SYSTEM. 3 (a) PROHIBITION.—Notwithstanding any other provi- 4 sion of law (other than the exception in subsection (b)), 5 no COVID–19 relief funds may be used by a State or po- 6 litical subdivision thereof to develop or implement, or sup- 7 port the development or implementation of, a system for 8 providers of items or services (other than health care items 9 and services) to verify the COVID–19 vaccination status 10 of individuals receiving such items or services. 11 (b) EXCEPTION.—Subsection (a) does not preclude a 12 State educational agency, local educational agency, insti- 13 tution of higher education, secondary school, or elemen- 14 tary school from using COVID–19 relief funds for devel- 15 oping or implementing, or supporting the development or 16 implementation of, a system described in subsection (a) 17 with respect to their students and staff, so long as the 18 agency or school does not impose any condition relative 19 to COVID–19 vaccines that is stricter than the cor- 20 responding condition imposed by the agency or school rel- 21 ative to other vaccines. 22 (c) DEFINITIONS.—In this section: 23 (1) The term ‘‘COVID–19 relief funds’’ means 24 funds made available by any of the following: 25 VerDate Sep 11 2014 20:18 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3762.IH H3762 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3762 IH (A) The Coronavirus Preparedness and 1 Response Supplemental Appropriations Act, 2 2020 (Public Law 116–123). 3 (B) The Families First Coronavirus Re- 4 sponse Act (Public Law 116–127). 5 (C) The CARES Act (Public Law 116– 6 136). 7 (D) The Paycheck Protection Program and 8 Health Care Enhancement Act (Public Law 9 116–139). 10 (E) The Consolidated Appropriations Act, 11 2021 (Public Law 116–260). 12 (F) Any other Federal statute that makes 13 available funding specifically to address 14 COVID–19. 15 (2) The terms ‘‘elementary school’’, ‘‘local edu- 16 cational agency’’, ‘‘secondary school’’, and ‘‘State 17 educational agency’’ have the meanings given to 18 such terms in section 8101 of the Elementary and 19 Secondary Education Act of 1965 (20 U.S.C. 7801). 20 (3) The term ‘‘institution of higher education’’ 21 has the meaning given to such term in section 101 22 of the Higher Education Act of 1965 (20 U.S.C. 23 1001). 24 VerDate Sep 11 2014 20:18 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3762.IH H3762 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3762 IH (4) The term ‘‘State’’ includes the District of 1 Columbia and any territory of the United States. 2 Æ VerDate Sep 11 2014 20:18 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3762.IH H3762 kjohnson on DSK79L0C42PROD with BILLS