I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Vaccine Passport Pre3 vention Act of 2023’’. 

4 SEC. 2. PROHIBITION AGAINST VACCINE PASSPORTS. 

5 (a) NO GOVERNMENT-ISSUED VACCINE PASS6 PORTS.— 

7 (1) FEDERAL GOVERNMENT.—The Federal 

8 Government shall not— 

9 (A) issue any vaccine passport; or 

10 (B) discriminate against any person by re11 quiring documentation certifying COVID–19 

12 vaccination, or post-transmission recovery, as a 

13 condition on the provision of any service or ben14 efit. 

15 (2) STATE, TRIBAL, AND LOCAL GOVERN16 MENTS.— 

17 (A) PROHIBITION.—As a condition on re18 ceipt of any Federal funds made available by or 

19 under any of the Acts listed in subparagraph 

20 (B), no State, Tribal, or local government 

21 shall— 

22 (i) issue any vaccine passport; or 

23 (ii) discriminate against person by re24 quiring documentation certifying COVID– 

25 19 vaccination, or post-transmission recovVerDate Sep 11 2014 00:07 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H772.IH H772

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1 ery, as a condition on the provision of any 

2 service or benefit. 

3 (B) SPECIFIED ACTS.—The Acts listed in 

4 this subparagraph are the following: 

5 (i) The Coronavirus Preparedness and 

6 Response Supplemental Appropriations 

7 Act, 2020 (Public Law 116–123). 

8 (ii) The Families First Coronavirus 

9 Response Act (Public Law 116–127). 

10 (iii) The CARES Act (Public Law 

11 116–136). 

12 (iv) The Paycheck Protection Pro13 gram and Health Care Enhancement Act 

14 (Public Law 116–139). 

15 (v) The American Rescue Plan Act of 

16 2021 (Public Law 117–2). 

17 (C) EXCEPTION.—Subparagraph (A) does 

18 not apply with respect to a school, including 

19 any kindergarten, elementary school, secondary 

20 school, and institution of higher education. 

21 (3) DEFINITION.—In this subsection, the term 

22 ‘‘vaccine passport’’— 

23 (A) means any standardized documenta24 tion for the purpose of certifying an individual’s 


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1 COVID–19 vaccination status to a third party; 

2 and 

3 (B) excludes any documentation to the ex4 tent it is issued for the purpose of health care 

5 records. 

6 (b) NO DISCRIMINATION IN PROVISION OF PROD7 UCTS AND SERVICES.— 

8 (1) PROHIBITION.—No entity providing any 

9 product or service in or affecting interstate com10 merce shall require any patron or customer to pro11 vide any documentation certifying COVID–19 vac12 cination, or post-transmission recovery, as a condi13 tion on the provision of such product or service. 

14 (2) EXCEPTION.—Paragraph (1) does not apply 

15 with respect to the provision of— 

16 (A) education by any school, including any 

17 kindergarten, elementary school, secondary 

18 school, and institution of higher education; or 

19 (B) health care products and services. 

20 (3) PENALTY.—Whoever is found in a civil ac21 tion to enforce this subsection to be in violation of 

22 paragraph (1) shall be ineligible to be awarded, dur23 ing the 2-year period beginning on the date on which 

24 such finding becomes final, any Federal grant or 

25 contract. 


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1 (4) PRIVATE RIGHT OF ACTION.— 

2 (A) IN GENERAL.—Any person who is de3 nied a provision or service, or who is discrimi4 nated against in the provision of a product or 

5 service, in violation of paragraph (1), may com6 mence a civil action in an appropriate district 

7 court of the United States to seek injunctive re8 lief with respect to such violation. 

9 (B) REASONABLE COSTS.—In a civil action 

10 under subparagraph (A), the court may allow 

11 the prevailing party reasonable costs, including 

12 attorney’s fees. 

13 SEC. 3. PROHIBITION ON VACCINATION AS A CONDITION 

14 OF FEDERAL EMPLOYMENT. 

15 (a) IN GENERAL.—The Federal Government shall 

16 not require that a Federal employee receive a COVID– 

17 19 vaccine as a condition of employment. 

18 (b) EXCEPTION.—Subsection (a) does not apply with 

19 respect to employees of the Department of Defense. 

20 SEC. 4. REQUIRED EXEMPTIONS FOR CERTAIN SCHOOLS 

21 MANDATING COVID–19 VACCINE. 

22 (a) IN GENERAL.—If a school requires a student to 

23 receive a COVID–19 vaccine as a condition on enrollment 

24 or continued enrollment, the Secretary of Education may 

25 not award any financial assistance to such school, directly 


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1 or indirectly through a State educational agency or local 

2 educational agency, unless the school provides the fol3 lowing exemptions from such requirement: 

4 (1) RELIGIOUS EXEMPTION.—Based on an ob5 jection in good faith that immunization would violate 

6 the student’s religious beliefs. 

7 (2) MEDICAL EXEMPTION.—Based on a certifi8 cation— 

9 (A) by a physician that immunization of 

10 the student is medically inadvisable; or 

11 (B) by a public health authority of the rel12 evant State or locality that immunization for 

13 students in a category in which such student 

14 belongs is medically inadvisable. 

15 (3) REASONS OF CONSCIENCE EXEMPTION.— 

16 Based on an objection in good faith that immuniza17 tion would violate reasons of conscience. 

18 (4) NATURAL IMMUNITY EXEMPTION.—Based 

19 on the student having had COVID–19 and acquired 

20 natural immunity. 

21 (b) FORM.—An objection or certification described in 

22 paragraph (1), (2), (3), or (4) of subsection (a) shall be 

23 submitted in writing to the chief official of the school by, 

24 as applicable, the student or the student’s parent or legal 

25 guardian. 


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1 (c) DEFINITIONS.—In this section: 

2 (1) The terms ‘‘elementary school’’ and ‘‘sec3 ondary school’’ have the meanings given to such 

4 terms in section 8101 of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 7801). 

6 (2) The term ‘‘institution of higher education’’ 

7 has the meaning given to such term in section 101 

8 of the Higher Education Act of 1965 (20 U.S.C. 

9 1001). 

10 (3) The term ‘‘school’’ means a public or pri11 vate kindergarten, a public or private elementary 

12 school or secondary school, or an institution of high13 er education. 

Æ 


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