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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Vax Pass Act of 
2021’’. 
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SEC. 2. PROHIBITION AGAINST USING COVID–19 RELIEF 
FUNDS TO DEVELOP OR IMPLEMENT A VAC-
CINE PASSPORT SYSTEM. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law (other than the exception in subsection (b)), 
no COVID–19 relief funds may be used by a State or po-
litical subdivision thereof to develop or implement, or sup-
port the development or implementation of, a system for 
providers of items or services (other than health care items 
and services) to verify the COVID–19 vaccination status 
of individuals receiving such items or services. 
(b) EXCEPTION.—Subsection (a) does not preclude a 
State educational agency, local educational agency, insti-
tution of higher education, secondary school, or elemen-
tary school from using COVID–19 relief funds for devel-
oping or implementing, or supporting the development or 
implementation of, a system described in subsection (a) 
with respect to their students and staff, so long as the 
agency or school does not impose any condition relative 
to COVID–19 vaccines that is stricter than the cor-
responding condition imposed by the agency or school rel-
ative to other vaccines. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘COVID–19 relief funds’’ means 
funds made available by any of the following: 
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(A) The Coronavirus Preparedness and 
Response Supplemental Appropriations Act, 
2020 (Public Law 116–123). 
(B) The Families First Coronavirus Re-
sponse 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 Consolidated Appropriations Act, 
2021 (Public Law 116–260). 
(F) Any other Federal statute that makes 
available 
funding 
specifically 
to 
address 
COVID–19. 
(2) The terms ‘‘elementary school’’, ‘‘local edu-
cational agency’’, ‘‘secondary school’’, and ‘‘State 
educational agency’’ have the meanings given to 
such terms in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(3) The term ‘‘institution of higher education’’ 
has the meaning given to such term in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 
1001). 
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(4) The term ‘‘State’’ includes the District of 
Columbia and any territory of the United States. 
Æ 
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