I 
117TH CONGRESS 
1ST SESSION H. R. 3868 
To protect individual liberty, ensure privacy, and prohibit discrimination with 
respect to the vaccination status of individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2021 
Mrs. HARSHBARGER introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on En-
ergy and Commerce, Transportation and Infrastructure, Education and 
Labor, Foreign Affairs, Oversight and Reform, and House Administra-
tion, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To protect individual liberty, ensure privacy, and prohibit 
discrimination with respect to the vaccination status of 
individuals, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘No Vaccine Passports for Americans Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Severability. 
TITLE I—GENERAL PROVISIONS 
Subtitle A—Health Information Privacy Protections 
Sec. 101. Prohibition on establishment of Federal vaccine passports and track-
ing of individuals. 
Sec. 102. Vaccine status protections under HIPAA privacy regulations. 
Subtitle B—Consent to Vaccination 
Sec. 111. Vaccinations. 
TITLE II—PROHIBITION OF DISCRIMINATION BASED ON 
VACCINATION STATUS 
Subtitle A—Nondiscrimination in Employment 
Sec. 201. Definitions. 
Sec. 202. Discrimination prohibited. 
Sec. 203. Defenses. 
Sec. 204. Remedies and enforcement. 
Subtitle B—Nondiscrimination in Public Accommodation 
Sec. 211. Definitions. 
Sec. 212. Prohibition of discrimination by places of public accommodation. 
Sec. 213. Prohibition of discrimination in specified public transportation serv-
ices provided by private entities. 
Sec. 214. Exemptions for private clubs and religious organizations. 
Sec. 215. Enforcement. 
Sec. 216. Effective date. 
Subtitle C—Nondiscrimination by a Public Entity and Access to Federal 
Services 
Sec. 221. Nondiscrimination by a public entity. 
Sec. 222. Access to Federal services. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) In December 2019, reports began circu-
lating that hospitals in Wuhan, China were seeing 
cases of a pneumonia-like respiratory illness of un-
known origins. 
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(2) On December 31, 2019, an automated 
translation of a Chinese media report about a novel 
respiratory outbreak was posted to ProMED, one of 
the largest public emerging disease and outbreak re-
porting systems used to promote communication 
among infectious disease specialists, including sci-
entists, physicians, veterinarians, epidemiologists, 
and public health professionals. 
(3) The ProMED posting prompted the World 
Health Organization (WHO) to instruct its China 
Country Office to request verification of the out-
break from the communist government of the Peo-
ple’s Republic of China. 
(4) In response to the WHO-prompted inquiry, 
the Wuhan Municipal Health Commission issued its 
first public statement on the outbreak, saying it had 
identified 27 cases. 
(5) On January 3, 2020, in what is clear con-
duct by the Chinese government to cover up the ori-
gins and dangers posed by the outbreak, Dr. Li 
Wenliang, a physician at Wuhan Central Hospital, 
was reprimanded by local police in the Public Secu-
rity Bureau for spreading allegedly ‘‘false state-
ments’’ about the outbreak online. 
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(6) On January 3, 2020, the Chinese Center for 
Disease Control and Prevention (China CDC) Direc-
tor-General Gao Fu told the United States Centers 
for Disease Control and Prevention (United States 
CDC) Director Robert Redfield about a pneumonia 
outbreak in Wuhan, Hubei Province, China. 
(7) On January 6, 2020, the United States De-
partment of Health and Human Services (HHS) 
Secretary Alex M. Azar II and United States CDC 
Director Redfield offered to send United States 
CDC experts to China, and United States CDC 
issued a ‘‘Watch Level 1 Alert’’ for Wuhan, meaning 
that the CDC recognized a heightened risk for trav-
elers, cautioning travelers to use health precautions 
when traveling to areas in China. 
(8) On January 11, 2020, a team led by Pro-
fessor Yong-zhen Zhang of Fudan University in 
Shanghai posted the genetic sequence of the novel 
virus on an open-access platform, sharing it with the 
world. 
(9) On January 14, 2020, the WHO tweeted, 
‘‘Preliminary investigations conducted by the Chi-
nese authorities have found no clear evidence of 
human-to-human 
transmission 
of 
the 
novel 
coronavirus (2019–nCoV) identified in Wuhan, 
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China’’. The WHO’s assertion has been proven false 
and completely contrary to medical science given 
that there have been nearly 163,000,000 cases of in-
fection worldwide, resulting in more than 3,380,000 
deaths. 
(10) On January 20, 2020, China confirmed 
person-to-person 
transmission 
of 
the 
novel 
coronavirus and infections among medical workers. 
(11) On January 21, 2020, the United States 
CDC announced the first COVID–19 case in the 
United States. 
(12) On January 30, 2020, WHO Director- 
General Tedros declared the epidemic a Public 
Health Emergency of International Concern, and 
President Donald J. Trump announced the forma-
tion of the President’s Coronavirus Task Force. In 
a statement from the WHO regarding the second 
meeting of its International Health Regulations 
(2005) Emergency Committee regarding the out-
break of novel coronavirus (2019–nCoV), the Com-
mittee specifically did ‘‘not recommend any travel or 
trade restriction based on the current information 
available’’. 
(13) On January 31, 2020, President Trump 
suspended entry into the United States of most for-
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eigners who were physically present in mainland 
China during the preceding 14-day period, effective 
February 2, 2020, and Secretary Azar declared a 
public health emergency for the United States to aid 
response to the novel coronavirus. 
(14) On February 1, 2020, then-presidential 
candidate Joe Biden recklessly downplayed the risk 
of the virus, suggesting in a tweet that President 
Trump’s efforts to limit the spread of the virus were 
nothing more than ‘‘hysteria, xenophobia, and fear- 
mongering’’. 
(15) Numerous individuals criticized these trav-
el restrictions. When asked ‘‘if you had to, would 
you close down the borders?’’ to stop the spread of 
coronavirus, Senator Bernie Sanders said, ‘‘no’’. 
When asked about these travel restrictions, Rep-
resentative Nancy Pelosi stated, ‘‘[a]ctually tens of 
thousands of people were allowed in from China, it 
wasn’t as it was described as this great moment’’. 
WHO 
Director-General 
Tedros 
Adhanom 
Ghebreyesus was reported to say that widespread 
travel bans and restrictions were not needed to stop 
the outbreak and could ‘‘have the effect of increas-
ing fear and stigma, with little public health ben-
efit’’. Reportedly, Representative Ami Bera stated 
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that the travel ban ‘‘probably doesn’t make sense’’ 
since the outbreak had already spread to several 
other countries, that such measures were causing an 
antagonistic relationship with the Chinese, and such 
mandatory quarantines ‘‘may be overkill’’. 
(16) Health experts have since noted that the 
early United States restrictions imposed on travelers 
from China saved American lives. Former CDC di-
rector Dr. Tom Frieden noted that ‘‘[t]he travel ban 
with China made a difference . . . It resulted in a 
significant delay in the number of people coming in 
with infection and because of that, that bought time 
in the U.S. to better prepare.’’. While testifying be-
fore the House of Representatives, Dr. Anthony 
Fauci was asked if he believed that the travel re-
strictions saved lives, to which Dr. Fauci answered, 
‘‘yes, I do’’. 
(17) On February 26, 2020, United States 
CDC confirmed a case of COVID–19 in California 
in a person who reportedly did not have relevant 
travel history or exposure to another known patient 
with COVID–19. 
(18) On February 29, 2020, United States 
CDC reported the first COVID–19 death in United 
States, though later public reports indicated that the 
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first death from COVID–19 may have been weeks 
earlier. 
(19) In a 60 Minutes interview posted on 
March 8, 2020, Dr. Anthony Fauci stated that 
‘‘right now in the United States, people should not 
be walking around with masks . . . there’s no rea-
son to be walking around with a mask. When you’re 
in the middle of an outbreak wearing a mask might 
make people feel a little bit better, and it might even 
block a droplet, but it’s not providing the perfect 
protection that people think that it is. And often, 
there are unintended consequences, people keep fid-
dling with the masks, and they keep touching their 
face . . . But, when you think masks, you should 
think of healthcare providers needing them and peo-
ple who are ill. The people who, when you look at 
the films of foreign countries and you see eight-five 
percent of the people wearing masks, that’s fine. 
That’s fine. I’m not against it. If you want to do it, 
that’s fine . . . It could lead to a shortage of masks 
for the people who really need it.’’. 
(20) On April 3, 2020, United States CDC up-
dated its guidance on facial coverings, recom-
mending that Americans wear facial coverings in 
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public settings and especially when social distancing 
measures are difficult to maintain. 
(21) On May 15, 2020, the Trump administra-
tion announced the establishment of Operation Warp 
Speed, a public-private partnership to expedite the 
timeline for development, large scale manufacturing, 
and delivery of a safe and effective COVID–19 vac-
cine to the American public. The initial goal of the 
project was to develop at least 1 vaccine and begin 
administering it to Americans before the end of 
2020. As reported on BioCentury, Dr. Anthony 
Fauci noted that the fastest a vaccine might be 
ready for use in an emergency would be 1 year, al-
though the process could take up to 2 years. Before 
the Senate on March 3, 2020, Dr. Fauci stated that 
the process would likely take at least 1 to 11⁄2 years 
to have a vaccine that could be administered to 
American persons. Some, such as the analytics firm 
Clarivate, concluded that it might take at least 5 
years for the leading vaccine candidates, like 
Moderna, to complete the development process 
through full regulatory approval. 
(22) Operation Warp Speed and other govern-
ment actions sped COVID–19 vaccine development 
by enabling typical vaccine development steps to be 
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taken simultaneously with manufacturing and dis-
tribution planning. As part of these actions, the 
Federal Government made investments in critical 
manufacturing capacity, giving pharmaceutical com-
panies confidence that if they invested in developing 
a vaccine, once the vaccine received authorization 
from the Food and Drug Administration, these com-
panies would be able to immediately begin distrib-
uting the vaccine. 
(23) Despite efforts to speed vaccine develop-
ment to address the COVID–19 pandemic, the emer-
gency use authorization (EUA) process utilized by 
the Food and Drug Administration (FDA) appears 
to have met rigorous safety and efficacy standards. 
(24) On July 14, 2020, United States CDC 
issued stronger recommendations to wear masks as 
a strategy for preventing the spread of COVID–19. 
United States CDC Director Robert Redfield, in a 
news release from the agency, identified masks as 
‘‘one of the most powerful weapons we have to slow 
and stop the spread of the virus’’. 
(25) On December 11, 2020, the FDA issued 
the first EUA for a vaccine for the prevention of 
COVID–19 in individuals 16 years of age and older. 
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The EUA allowed the Pfizer-BioNTech COVID–19 
Vaccine to be distributed in the United States. 
(26) On December 18, 2020, the FDA issued 
an EUA for the second vaccine for the prevention of 
COVID–19 in individuals 16 years of age and older. 
The EUA allowed the Moderna COVID–19 Vaccine 
to be distributed in the United States for use in in-
dividuals 18 years of age and older. 
(27) On February 27, 2021, the FDA issued an 
EUA for the third vaccine for the prevention of 
COVID–19. The EUA allowed the Janssen COVID– 
19 Vaccine to be distributed in the United States for 
use in individuals 18 years of age and older. 
(28) Because of the hard work of countless 
Americans, this public-private partnership, and the 
funding and support from Congress, multiple safe 
and effective COVID–19 vaccines have been, and are 
still being, developed and manufactured, and, as of 
May 16, 2021, about 273,000,000 vaccine doses had 
been administered in the United States. 
(29) Despite the successful development and 
rollout of the current COVID–19 vaccines, it is not 
fully known whether these vaccines will protect peo-
ple from the emergence and potential future emer-
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gence of variants of SARS–CoV–2, the virus that 
causes COVID–19. 
(30) The emergence of future variants of 
SARS–CoV–2 could require that the United States 
continue to develop new COVID–19 vaccines and 
that people receive a COVID–19 booster shot on a 
regular, potentially annual, basis to maintain immu-
nity. 
(31) According to the FDA fact sheets on 
COVID–19 vaccines, there are certain populations 
for whom existing COVID–19 vaccines are not indi-
cated or authorized or for whom there is insufficient 
data to inform vaccine-related risks including— 
(A) people with severe allergies to vaccine 
components or who are immunocompromised; 
(B) people with certain pre-existing condi-
tions such as bleeding disorders and women 
who are pregnant, trying to get pregnant, or 
breastfeeding; and 
(C) children under the age of 18. 
(32) Because of potential risks that the vaccine 
poses to certain people, it is important that every 
patient is able to consult his or her doctor to deter-
mine whether one of the COVID–19 vaccines is ap-
propriate for that patient. 
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(33) Consistent with fundamental human 
rights, and medical and legal ethics and proper 
standards of medical care, every American has the 
right to ‘‘informed consent’’ with respect to medical 
treatment, meaning that he or she has a right to be 
fully informed about the nature of his or her health 
care and to participate in and voluntarily make deci-
sions related to his or her care. In addition, every 
patient has a right to medical privacy to expect that 
the decisions and nature of care will be kept con-
fidential by his or her health care provider and any-
one who has access to the individual’s medical 
records, including vaccination records. 
(34) At various times in history, governments 
and medical professionals have violated these and 
other inherent rights including by coercing patients, 
failing to properly inform patients of, or even inten-
tionally begin deceptive with patients about, their 
rights and the risks inherent with various medical 
procedures, experiments, and studies—including the 
Tuskegee syphilis experiments, forced sterilization, 
lobotomy procedures, electro-shock therapy, certain 
psychological studies, collection and utilization of in-
dividuals’ cells and parts of their body, or from fetal 
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tissue of a patient’s offspring, without knowledge or 
consent, and eugenics laws. 
(35) The absence of informed consent not only 
constitutes a violation of medical ethics and stand-
ards of care, in some cases, treatment may also con-
stitute a crime, such as battery. 
(36) Criminal battery stemming from violations 
of medical ethics and informed consent standards 
have led to a significant degree of distrust of the 
government, public health officials, and medical pro-
fessionals by certain groups and communities includ-
ing among the most vulnerable populations such as 
ethnic minorities, immigrants, economically dis-
advantaged, unmarried mothers, those with disabil-
ities, and those with mental illnesses. 
(37) On January 12, 2021, United States CDC 
issued an order requiring proof of a negative 
COVID–19 test for all air passengers arriving from 
a foreign country to the United States, and on Feb-
ruary 14, 2021, the United States CDC announced 
it would not recommend required testing for domes-
tic air travel. 
(38) On March 19, 2021, the WHO released 
draft recommendations for a Smart Vaccine Certifi-
cate—what amounts to a form of a ‘‘vaccine pass-
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port’’ that would, per WHO’s ‘‘Smart Vaccination 
Certificate Working Group’’, ‘‘support COVID–19 
vaccine delivery and monitoring’’ and to serve ‘‘cur-
rent and future requirements, toward the dual pur-
poses of (1) supporting continuity of care; and (2) 
cross-border uses’’. 
(39) The International Air Transport Associa-
tion has developed the Travel Pass Initiative to 
gather information on entry and exit testing require-
ments, allow passengers to create a digital passport 
that verifies testing and vaccination status, and es-
tablish the capability of sharing health data with 
government authorities. 
(40) The European Commission has proposed a 
Digital Green Certificate on March 17, 2021, to 
prove a passenger’s vaccination status, test results, 
and COVID–19 antibodies that may be adopted by 
a country for public health restrictions. 
(41) The State of New York is testing a vaccine 
certification to be used for admission into public 
events. 
(42) More than 225 companies and organiza-
tions are involved in what is known as the Vaccina-
tion Credential Initiative, a program intended to es-
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tablish standards for developers to build digital vac-
cine passports. 
(43) On April 2, 2021, the United States CDC 
announced vaccinated people could travel safely. On 
April 5, 2021, the United States CDC rec-
ommended, but did not require, passengers to be 
vaccinated, though cruise ships are still not per-
mitted to resume normal operations. 
(44) The White House, while saying the 
COVID–19 Task Force will not create a vaccine 
passport, has engaged in a multi-agency coordina-
tion effort led by the Office of the National Coordi-
nator for Health Information Technology to develop 
criteria and principles for a vaccine passport created 
by the private sector. 
(45) The private sector, which includes many 
large technology companies that previously have 
shown disregard for privacy and a willingness to en-
gage in censorship of Americans while bowing to the 
will of the Chinese Communist party, are pursuing 
digital vaccine passports that can be adopted by gov-
ernments and other public establishments to authen-
ticate personal health information. 
(46) During a March 2, 2021, virtual meeting 
lead by the Federal Health IT Coordinating Council 
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on behalf of the Biden Administration, a slide pres-
entation included the following: ‘‘Proof of individual 
COVID-related health status is likely to be an im-
portant component of pandemic response, proof of 
immunization will likely become a major, if not the 
primary, form of health status validation,’’ and a 
‘‘unified Federal approach [is] required to ensure 
Federal activities are working toward the same com-
mon goals for vaccine [passports].’’ Additionally, the 
presentation suggested the Biden Administration ex-
pects that ‘‘Federal entities’’ would ‘‘likely require 
vaccine verification for a variety of purposes’’ and 
that the ‘‘Federal government will inevitably by in-
volved with vaccine credential solutions . . . .’’. 
(47) The Federal Health IT Coordinating 
Council also listed a number of international organi-
zations and private companies that are working on 
the development of vaccine passports. 
(48) The development, implementation, and uti-
lization of vaccine passports, whether by Federal or 
State government, or the private sector, has the po-
tential for significant misuse and abuse, leading to 
the denial of constitutionally protected freedoms 
such as freedom of association and freedom of move-
ment, and could allow the government or corporate 
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interests to begin to track people’s health status on 
a large-scale basis. 
(49) There currently exists no clear regulatory 
framework to fully protect the privacy of United 
States citizens and United States nationals with re-
spect to their vaccination records and negative 
COVID–19 test results. 
(50) The widespread utilization of vaccine pass-
ports will certainly lead to discrimination by busi-
nesses that provide public accommodations as they 
could begin to require a customer to demonstrate his 
or her health status, through the presentment of a 
vaccine passport or other ‘‘papers’’ or by requiring 
that the customer disclose his or her protected 
health information, before the business agrees to 
serve or otherwise do business with such individual, 
meaning the denial of service in such cases could be 
based on an individual’s disability, health status, or 
familial status, such as a restaurant denying service 
to a man who has not been vaccinated based on the 
advice of his doctor due to a previous anaphylaxis 
(allergic) reaction to an ingredient found in the 
COVID–19 vaccines. 
(51) The widespread acceptance of vaccine 
passports could also lead to employment discrimina-
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tion, where employers take adverse employment ac-
tions against employees who are not vaccinated be-
cause of an underlying health condition and without 
regard to the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) (ADA), which re-
quires an interactive process whereby the employer 
follows the law to assess if the employee can and 
should be reasonably accommodated under the ADA. 
For example, without proper disability protections, 
an employer could terminate a female employee who 
has not been vaccinated based on the advice of her 
doctor simply because she is pregnant. 
(52) In February 2021, a business in New York 
told its employees that the business was instituting 
a vaccine mandate and, when a woman who worked 
there decided against getting a COVID–19 vaccine 
because she was trying to get pregnant, she was told 
her employment was being terminated. 
(53) In March 2021, a woman in Cumberland 
County, Pennsylvania was suspended from her job 
after her employer issued a vaccine mandate for its 
employees. The woman, who said she is not anti-vac-
cination, wanted sufficient time to consult with her 
doctor to see if the vaccine was appropriate for her. 
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to get vaccinated, or requiring an individual to ex-
plain the underlying reason why they are not vac-
cinated, could constitute unlawful discrimination, in-
cluding as to sex, age, familial status, disability, or 
based on genetic or other health condition. 
(57) Any United States person that requests 
the vaccine records of a United States individual, in-
cluding data such as a copy or other digital record 
of a vaccine passport or similar proof of vaccination, 
should be regarded as having collected ‘‘protected 
health information’’ and should be regarded as a 
‘‘covered entity’’ as defined under the Health Insur-
ance Portability and Accountability Act of 1996 
(Public Law 104–191). 
(58) The policy of the United States is to rec-
ognize, defend, and protect the inherent rights of the 
individual, including the right to privacy, the right 
of liberty, the right to be secure in one’s person, the 
right of the individual to be informed about any 
medical procedures, treatment, or vaccination, and 
the right of the individual to provide or withhold 
consent to such procedures, treatment, or vaccina-
tion. 
(59) Congress recognizes that special vigilance 
is required, especially in times of crisis or emergency 
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to ensure that government agencies do not try to 
take advantage of, manipulate, or enflame public 
fear, stoke hatred of minority groups, or increase in-
tolerance toward the diversity that builds our Na-
tion. 
(60) Congress finds that there is a clear need 
for the Federal Government to take specific action 
to restore public trust by protecting the privacy and 
voluntary informed consent rights of patients specifi-
cally regarding vaccinations and an individual’s vac-
cination records. 
(61) Furthermore, the protection of such indi-
vidual rights to make one’s own medical decisions in 
consultation with his or her health care provider 
without fear of coercion, forced vaccination, loss of 
civil liberties, or risk of adverse employment action 
is especially needed at a time when it is critical for 
our Nation to increase public trust in vaccinations 
and increase vaccination rates in order to end the 
COVID–19 pandemic. 
SEC. 3. SEVERABILITY. 
(a) IN GENERAL.—If any provision of this Act, or 
an amendment made by this Act, or the application of any 
such provision or amendment to any person or cir-
cumstance is declared invalid or unconstitutional, the re-
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mainder of this Act, including any amendment made by 
this Act, and the application of such provisions and 
amendments to any person or circumstance shall not be 
affected. 
(b) EFFECT OF PARTIAL INVALIDATION, REPEAL, OR 
AMENDMENT.—The invalidation, repeal, or amendment of 
any part of this Act, or amendment made by this Act, 
does not release or extinguish any penalty, forfeiture, or 
liability incurred or right accruing or accrued under this 
Act (or amendment), unless the invalidation, repeal, or 
amendment so provides expressly. This Act, and amend-
ments made by this Act, shall be treated as remaining in 
force for the purpose of sustaining any proper action or 
prosecution for the enforcement of the right, penalty, for-
feiture, or liability pursuant to the previous sentence. 
TITLE I—GENERAL PROVISIONS 
Subtitle A—Health Information 
Privacy Protections 
SEC. 101. PROHIBITION ON ESTABLISHMENT OF FEDERAL 
VACCINE PASSPORTS AND TRACKING OF IN-
DIVIDUALS. 
(a) IN GENERAL.—No Federal funds may be used 
to create, establish or collaborate in the establishment of 
any Federal, State, private, or international vaccine pass-
port system, vaccine tracking database, or similar system 
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or in the creation or adoption of any related guidelines 
or standards, under which Federal, State, or international 
government agencies or private companies would be able 
to monitor or track individuals who have been vaccinated 
against COVID–19, or which could otherwise be used to 
limit the freedom of movement or the freedom of associa-
tion of individuals based on their COVID–19 vaccination 
status. 
(b) PERSONAL PRIVACY.—To the extent any Federal 
department or agency has received, obtained, collected, ag-
gregated, stored, or is otherwise in possession of any data 
or records from officials, including public health officials, 
in any State, the District of Columbia, or any territory, 
or any third party who administered or has information 
related to the administration of any COVID–19 vaccina-
tions, including health care providers and insurers, such 
data and records about any individuals’ vaccination status 
shall be destroyed by the Federal department or agency 
and, if in digital form, that data record shall be deleted 
in its entirety within 30 days of the enactment of this Act. 
(c) REPORTING.—For any Federal department or 
agency that has received and subsequently destroyed 
COVID–19 data or records as required by this section, 
the head of such agency shall, not later than 15 days after 
such data or records have been destroyed, submit a sworn 
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affidavit, subject to penalty of perjury, to Congress con-
firming that he or she has personally assured such data 
or records have been destroyed. 
(d) CRIMINAL PENALTIES.—Any person who know-
ingly makes or is responsible for the inclusion of a state-
ment or representation in an affidavit under subsection 
(c) that is materially false, fictitious, or fraudulent shall 
be fined not more than $10,000, imprisoned not more 
than 1 year, or both. 
(e) PROHIBITION ON FEDERAL ISSUANCE OR VAC-
CINE PASSPORT OR SIMILAR DOCUMENTATION AND PRO-
HIBITION
ON VACCINATION REQUIREMENT TO ENTER 
FEDERAL PROPERTY OR SERVICES.— 
(1) IN GENERAL.—No Federal department or 
agency may issue a vaccine passport, vaccine pass, 
or other standardized documentation for the purpose 
of certifying the COVID–19 vaccination status of a 
citizen of the United States to a third party, or oth-
erwise publish or share any COVID–19 vaccination 
record of a citizen of the United States, or similar 
health information. 
(2) ACCESS TO FEDERAL PROPERTY AND SERV-
ICES.—Proof of COVID–19 vaccination shall not be 
deemed a requirement for access to Federal property 
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or Federal services, or for access to congressional 
grounds or services. 
(f) EXCEPTIONS.— 
(1) DEIDENTIFIED OR ANONYMIZED INFORMA-
TION FOR CERTAIN PURPOSES.—The prohibition de-
scribed in subsection (a) shall not apply to the ag-
gregation and sharing of information that has been 
deidentified or anonymized if such information is 
used for purposes of Federal, State, or local public 
health reporting or academic studies, provided that 
the recipient of such information does not have the 
capability to reconstruct the data in any way that 
would allow for the determination of the vaccination 
status of any individual. 
(2) LIMITED USE OF INFORMATION WITH RE-
SPECT TO FEDERAL EMPLOYEES.—The prohibition 
described in subsection (a) and the requirement de-
scribed in subsection (b) shall not apply to the pos-
session by a Federal department or agency of 
COVID–19 vaccination data or records pertaining to 
any employee of such department or agency where 
such data or records will be used solely to determine 
if such employee would be eligible to gain admission 
to a foreign country during international travel in 
furtherance of the employee’s official duties. 
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SEC. 102. VACCINE STATUS PROTECTIONS UNDER HIPAA 
PRIVACY REGULATIONS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall amend the regulations promulgated 
under section 264(c) of the Health Insurance Portability 
and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) 
to establish the following: 
(1) Reporting by covered entities to public 
health entities of non-anonymized protected health 
information related to an individual’s vaccination 
status is not permissible, even during public health 
emergencies, without express patient consent. 
(2) Any United States person that requests the 
vaccine records of a United States individual shall be 
deemed to be a covered entity for purposes of such 
request. 
(3) With respect to any individual who shares 
their vaccine status with any covered entity, the cov-
ered entity shall comply with any request from such 
individual to— 
(A) delete all protected health information 
that identifies the individual’s vaccination sta-
tus, including in relation to any records shared 
with the covered entities’ business associates, in 
all active and inactive databases; and 
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(B) provide to such individual written con-
firmation of such deletion. 
(b) DEFINITIONS.—In this section, the terms ‘‘busi-
ness associate’’, ‘‘covered entity’’, ‘‘protected health infor-
mation’’ have the meanings given such terms in section 
160.103 of title 21, Code of Federal Regulations (or any 
successor regulations). 
Subtitle B—Consent to Vaccination 
SEC. 111. VACCINATIONS. 
(a) IN GENERAL.—Part I of title 18, United States 
Code, is amended by inserting after chapter 117 the fol-
lowing: 
‘‘CHAPTER 117A—VACCINATIONS 
‘‘§ 2431. Vaccinations 
‘‘(a) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful to— 
‘‘(A) require any United States person to 
receive a vaccine that has only received author-
ization by the Food and Drug Administration 
through an emergency use authorization pursu-
ant to section 564 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 360bbb–3), or 
that has received such authorization prior to re-
ceiving full approval or licensure under section 
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505 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355) or section 351 of the Pub-
lic Health Service Act (42 U.S.C. 262); or 
‘‘(B) vaccinate with a vaccine that has only 
received authorization by the Food and Drug 
Administration through such an emergency use 
authorization, or that has received such author-
ization prior to receiving such full approval or 
licensure— 
‘‘(i) an individual under the age of 18; 
or 
‘‘(ii) an individual that lacks the ca-
pacity to exercise the right to consent to be 
vaccinated. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply if the individual, or if the individual is a minor 
or is otherwise unable to consent, a parent, guard-
ian, conservator, or attorney-in-fact of the indi-
vidual, provides consent to be vaccinated. 
‘‘(3) SUNSET.—This subsection shall cease to 
have force or effect on the date that is 5 years after 
the date of enactment of this section. 
‘‘(b) RIGHT TO BE INFORMED.—Any person that ad-
ministers a vaccine for the coronavirus disease 2019 
(COVID–19) shall, consistent with medical ethics and ap-
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plicable informed consent laws of the State in which the 
vaccine is administered and any applicable Federal regula-
tions related to informed consent laws, disclose to any in-
dividual, before the vaccine is administered, the risks asso-
ciated with the vaccine so that the individual can make 
an informed decision. 
‘‘(c) PROTECTING PRIVACY.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
paragraph (B), it shall be unlawful for any person 
to publicly disclose information about the COVID– 
19 vaccination status of an individual without the 
express consent of the individual if the individual 
provided the information to the person— 
‘‘(A) as an employee in the context of an 
employer-employee relationship; 
‘‘(B) as an independent contractor where 
the vaccination status was provided to the per-
son to whom the contractor is providing serv-
ices; 
‘‘(C) as a consumer in the context of any 
consumer transaction; 
‘‘(D) as a patient in order to obtain med-
ical care or health-related services from any 
health care provider; or 
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(D) excluding or otherwise denying equal 
benefits to a qualified employee because of the 
known vaccination status of an individual with 
whom the qualified employee is known to have 
a relationship or association; 
(E)(i) not making reasonable accommoda-
tions based on vaccination status for an other-
wise qualified employee, unless such covered en-
tity can demonstrate that the accommodation 
would impose an undue hardship on the oper-
ation of the business of such covered entity; or 
(ii) denying employment opportunities to 
an employee who is an otherwise qualified em-
ployee based on vaccination status, if such de-
nial is based on the need of such covered entity 
to make reasonable accommodation based on 
the vaccination status of the qualified employee; 
and 
(F) using qualification standards, employ-
ment tests, or other selection criteria that 
screen out or tend to screen out an individual 
or a class of individuals based on vaccination 
status unless the standard, test or other selec-
tion criteria, as used by the covered entity, is 
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