```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3660 Introduced in House (IH)]

<DOC>

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.

    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 ``Digital Health Pass Prevention Act'' 
or ``DHPPA''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In the United States, States hold primary public health 
        powers.
            (2) On April 2, 2021, Florida Governor Ron DeSantis signed 
        an Executive order prohibiting the use of COVID-19 digital 
        health passes in the State of Florida, citing privacy concerns 
        and freedom as the main reasons for the prohibition.
            (3) On April 5, 2021, Texas Governor Greg Abbott signed an 
        Executive order prohibiting the use of COVID-19 digital health 
        passes, declaring that Texas agencies and political 
        subdivisions, as well as public and private organizations that 
        receive public funding from the State, cannot require people to 
        prove they have received a vaccination for the virus that 
        causes COVID-19.
            (4) On April 7, 2021, Idaho Governor Brad Little signed an 
        Executive order prohibiting any State of Idaho governmental 
        entity from requiring an individual to provide a digital health 
        pass, or other proof of a vaccination for the virus that causes 
        COVID-19, before such individual may receive public services or 
        access to public facilities.
            (5) On April 13, 2021, Montana Governor Greg Gianforte 
        issued an Executive order prohibiting the use of digital health 
        passes.
            (6) On April 19, 2021, Arizona Governor Doug Ducey issued 
        an Executive order to prohibit all State and local government 
        entities from requiring individuals to prove whether they have 
        received a vaccination for the virus that causes COVID-19 prior 
        to receiving services or entering into certain public areas.
            (7) On April 25, 2021, Georgia Governor Brian Kemp issued 
        an Executive order that prohibits the State of Georgia from 
        requiring COVID-19 digital health passes.
            (8) On May 11, 2021, South Carolina Governor Henry McMaster 
        issued a COVID-19 mandate that prohibits the use of digital 
        health passes across the State of South Carolina and prevents 
        schools and public entities from implementing mask 
        requirements.
            (9) On May 24, 2021, Alabama Governor Kay Ivey signed a 
        bill that prevents State entities from issuing digital health 
        passes and prohibits businesses from requiring a digital health 
        pass in exchange for services.
            (10) The Tenth Amendment to the Constitution requires that, 
        ``The powers not delegated to the United States by the 
        Constitution, nor prohibited by it to the States, are reserved 
        to the States respectively, or to the people''.
            (11) The Federal Government may not bear the responsibility 
        of administrating mandatory programs and subsequent devices as 
        they relate to the health of citizens.
            (12) International Business Machines Corporation (IBM), a 
        leading information technology company, is leading the 
        development of digital health passes, and has developed the 
        ``Excelsior Pass'' as a means for commercial enterprises to 
        exclude individuals who do not have such pass from attending 
        publicly accessible events.
            (13) As of June 1, 2021, IBM has over 350,000 employees, a 
        market cap of $129 billion, and does not require any amount of 
        Federal tax dollars from the fiscal year 2022 budget to assist 
        IBM with activities related to the development of digital 
        health passes.

SEC. 3. PROHIBITION ON FUNDING OF PROGRAMS WITH RESPECT TO DIGITAL 
              HEALTH PASSES.

    (a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be used to implement, administer, enforce, or carry 
out programs with respect to digital health passes.
    (b) Digital Health Pass Defined.--The term ``digital health pass'' 
means any standardized documentation for the purpose of certifying an 
individual's vaccination history to a third party, excluding any 
documentation to the extent it is issued for the purpose of health care 
records.
                                 <all>
```