COVID–19 Individual Liberty Act of 2021

To prohibit federally funded COVID–19 vaccine mandates, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Individual Liberty Act of 2021 2. Table of contents The table of contents of this Act: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Vaccine mandate for Federal contractors and subcontractors. Sec. 4. Nullification of vaccine mandate for executive branch employees. Sec. 5. No Federal funding for COVID–19 vaccine mandates. Sec. 6. Prohibition on implementation of COVID–19 vaccination mandate under the Medicare and Medicaid programs. Sec. 7. Guidelines on natural immunity as a suitable alternative to being fully vaccinated. Sec. 8. Prohibition against Federal issuance of, or discrimination based on vaccine passports. 3. Vaccine mandate for Federal contractors and subcontractors (a) In general Executive Order 14042 (86 Fed. Reg. 50985; relating to ensuring adequate COVID safety protocols for Federal contractors) shall have no force or effect. (b) Effective date This section shall take effect as if enacted on September 9, 2021. 4. Nullification of vaccine mandate for executive branch employees (a) In general Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring coronavirus disease 2019 vaccination for Federal employees) shall have no force or effect. (b) Effective date This section shall take effect as if enacted on September 14, 2021. 5. No Federal funding for COVID–19 vaccine mandates (a) In general No Federal funds may be used to implement or enforce (including through promulgation of any rule) a COVID–19 vaccine mandate. (b) Definitions In this section: (1) COVID–19 vaccine The term COVID–19 vaccine (2) COVID–19 vaccine mandate The term COVID–19 vaccine mandate (A) any such requirement as a condition on becoming or remaining a Federal employee, contractor, or subcontractor; or (B) any requirement that a non-Federal employer require an employee, contractor, or subcontractor thereof to receive a COVID–19 vaccine. (3) Non-Federal employer The term non-Federal employer (A) means any person (other than the Federal Government) engaged in a business in or affecting interstate commerce; and (B) includes a State or political subdivision of a State to the extent it is engaged in such a business. 6. Prohibition on implementation of COVID–19 vaccination mandate under the Medicare and Medicaid programs Notwithstanding any provision of title XI, XVIII, or XIX of the Social Security Act ( 42 U.S.C. 1301 et seq. (1) require a health care provider, as a condition of participation in the Medicare or Medicaid program, to mandate vaccination of employees against COVID–19; or (2) otherwise penalize such a provider for such provider’s failure to so mandate such vaccination. 7. Guidelines on natural immunity as a suitable alternative to being fully vaccinated Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidelines on the extent to which natural immunity provides protection from contracting or spreading COVID–19 that is at least equivalent to the immunity provided by vaccination. 8. Prohibition against Federal issuance of, or discrimination based on vaccine passports (a) Federal Government The Federal Government shall not— (1) issue any vaccine passport; or (2) discriminate against any person by requiring documentation certifying COVID–19 vaccination, or post-transmission recovery, as a condition on the provision of any service or benefit. (b) State, Tribal, and local governments (1) Prohibition As a condition on receipt of any Federal funds made available by or under any of the Acts listed in paragraph (2), no State, Tribal, or local government shall— (A) issue any vaccine passport; or (B) discriminate against any person by requiring documentation certifying COVID–19 vaccination, or post-transmission recovery, as a condition on the provision of any service or benefit. (2) Specified Acts The Acts listed in this paragraph are the following: (A) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 (B) The Families First Coronavirus Response Act ( Public Law 116–127 (C) The CARES Act ( Public Law 116–136 (D) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 (E) The American Rescue Plan Act of 2021 ( Public Law 117–2 (3) Exception Paragraph (1) does not apply with respect to a school, including any kindergarten, elementary school, secondary school, and institution of higher education. (c) Definition In this section, the term vaccine passport (1) means any standardized documentation for the purpose of certifying an individual’s COVID–19 vaccination status to a third party; and (2) excludes any documentation to the extent it is issued for the purpose of health care records.

Summary: COVID-19 Individual Liberty Act of 2021 This bill nullifies executive orders and otherwise limits the authority of the federal government and federally funded entities to mandate COVID-19 vaccines and other prevention measures. Specifically, the bill nullifies two executive orders issued on September 9, 2021, which (1) mandate COVID-19 vaccines for federal employees, and (2) require federal contractors to comply with workplace safety guidance for preventing COVID-19. In addition, the bill bars the use of federal funds for implementing or enforcing a COVID-19 vaccine mandate, including employer-based mandates. The bill also prohibits requiring, as a condition of participation in Medicare or Medicaid, that health care providers mandate COVID-19 vaccinations for their employees. Furthermore, the federal government may not (1) issue any standardized documentation that certifies an individual's COVID-19 vaccination status to a third party, or (2) condition the provision of any service or benefit on the receipt of documentation certifying an individual's COVID-19 vaccination status or post-transmission recovery. These prohibitions apply to state, tribal, and local governments (excluding schools and institutions of higher education) as a condition of receiving federal COVID-19 relief funds. The bill also requires the Department of Health and Human Services to publish guidelines on the extent to which natural immunity to COVID-19 prevents contracting or spreading the disease.