I 

117TH CONGRESS 

1ST SESSION H. R. 3660 

To prohibit Federal funds from being used to implement, administer, enforce, 

or carry out programs with respect to digital health passes, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. GAETZ introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To prohibit Federal funds from being used to implement, 

administer, enforce, or carry out programs with respect 

to digital health passes, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Digital Health Pass 

5 Prevention Act’’ or ‘‘DHPPA’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) In the United States, States hold primary 

9 public health powers. 


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1 (2) On April 2, 2021, Florida Governor Ron 

2 DeSantis signed an Executive order prohibiting the 

3 use of COVID–19 digital health passes in the State 

4 of Florida, citing privacy concerns and freedom as 

5 the main reasons for the prohibition. 

6 (3) On April 5, 2021, Texas Governor Greg Ab7 bott signed an Executive order prohibiting the use of 

8 COVID–19 digital health passes, declaring that 

9 Texas agencies and political subdivisions, as well as 

10 public and private organizations that receive public 

11 funding from the State, cannot require people to 

12 prove they have received a vaccination for the virus 

13 that causes COVID–19. 

14 (4) On April 7, 2021, Idaho Governor Brad 

15 Little signed an Executive order prohibiting any 

16 State of Idaho governmental entity from requiring 

17 an individual to provide a digital health pass, or 

18 other proof of a vaccination for the virus that causes 

19 COVID–19, before such individual may receive pub20 lic services or access to public facilities. 

21 (5) On April 13, 2021, Montana Governor Greg 

22 Gianforte issued an Executive order prohibiting the 

23 use of digital health passes. 

24 (6) On April 19, 2021, Arizona Governor Doug 

25 Ducey issued an Executive order to prohibit all 


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1 State and local government entities from requiring 

2 individuals to prove whether they have received a 

3 vaccination for the virus that causes COVID–19 

4 prior to receiving services or entering into certain 

5 public areas. 

6 (7) On April 25, 2021, Georgia Governor Brian 

7 Kemp issued an Executive order that prohibits the 

8 State of Georgia from requiring COVID–19 digital 

9 health passes. 

10 (8) On May 11, 2021, South Carolina Governor 

11 Henry McMaster issued a COVID–19 mandate that 

12 prohibits the use of digital health passes across the 

13 State of South Carolina and prevents schools and 

14 public entities from implementing mask require15 ments. 

16 (9) On May 24, 2021, Alabama Governor Kay 

17 Ivey signed a bill that prevents State entities from 

18 issuing digital health passes and prohibits businesses 

19 from requiring a digital health pass in exchange for 

20 services. 

21 (10) The Tenth Amendment to the Constitution 

22 requires that, ‘‘The powers not delegated to the 

23 United States by the Constitution, nor prohibited by 

24 it to the States, are reserved to the States respec25 tively, or to the people’’. 


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1 (11) The Federal Government may not bear the 

2 responsibility of administrating mandatory programs 

3 and subsequent devices as they relate to the health 

4 of citizens. 

5 (12) International Business Machines Corpora6 tion (IBM), a leading information technology com7 pany, is leading the development of digital health 

8 passes, and has developed the ‘‘Excelsior Pass’’ as a 

9 means for commercial enterprises to exclude individ10 uals who do not have such pass from attending pub11 licly accessible events. 

12 (13) As of June 1, 2021, IBM has over 

13 350,000 employees, a market cap of $129 billion, 

14 and does not require any amount of Federal tax dol15 lars from the fiscal year 2022 budget to assist IBM 

16 with activities related to the development of digital 

17 health passes. 

18 SEC. 3. PROHIBITION ON FUNDING OF PROGRAMS WITH 

19 RESPECT TO DIGITAL HEALTH PASSES. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, no Federal funds may be used to implement, 

22 administer, enforce, or carry out programs with respect 

23 to digital health passes. 

24 (b) DIGITAL HEALTH PASS DEFINED.—The term 

25 ‘‘digital health pass’’ means any standardized documentaVerDate Sep 11 2014 01:15 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3660.IH H3660

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1 tion for the purpose of certifying an individual’s vaccina2 tion history to a third party, excluding any documentation 

3 to the extent it is issued for the purpose of health care 

4 records. 

Æ 


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