SEC. 6. PROHIBITION ON IMPLEMENTATION OF COVID–19 
VACCINATION MANDATE UNDER THE MEDI-
CARE AND MEDICAID PROGRAMS. 
Notwithstanding any provision of title XI, XVIII, or 
XIX of the Social Security Act (42 U.S.C. 1301 et seq., 
1395 et seq., 1396 et seq.), the Secretary of Health and 
Human Services may not— 
(1) require a health care provider, as a condi-
tion 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. 
SEC. 7. GUIDELINES ON NATURAL IMMUNITY AS A SUIT-
ABLE ALTERNATIVE TO BEING FULLY VAC-
CINATED. 
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 im-
munity provides protection from contracting or spreading 
COVID–19 that is at least equivalent to the immunity pro-
vided by vaccination. 
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SEC. 8. PROHIBITION AGAINST FEDERAL ISSUANCE OF, OR 
DISCRIMINATION BASED ON VACCINE PASS-
PORTS. 
(a) FEDERAL GOVERNMENT.—The Federal Govern-
ment shall not— 
(1) issue any vaccine passport; or 
(2) discriminate against any person by requir-
ing 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 re-
quiring documentation certifying COVID–19 
vaccination, or post-transmission recovery, as a 
condition on the provision of any service or ben-
efit. 
(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). 
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(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 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. 
Æ 
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