I 
118TH CONGRESS 
1ST SESSION 
H. R. 772 
To prohibit the Federal Government from issuing vaccine passports, to pro-
hibit businesses from discriminating against patrons and customers by 
requiring documentation certifying COVID–19 vaccination, or post-trans-
mission recovery, as a condition on the provision of products or services, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2023 
Mr. DAVIDSON introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability, and in addition to the Commit-
tees on Energy and Commerce, and Education and the Workforce, 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 com-
mittee concerned 
A BILL 
To prohibit the Federal Government from issuing vaccine 
passports, to prohibit businesses from discriminating 
against patrons and customers by requiring documenta-
tion certifying COVID–19 vaccination, or post-trans-
mission recovery, as a condition on the provision of prod-
ucts or services, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Vaccine Passport Pre-
vention Act of 2023’’. 
SEC. 2. PROHIBITION AGAINST VACCINE PASSPORTS. 
(a) NO
GOVERNMENT-ISSUED
VACCINE
PASS-
PORTS.— 
(1) FEDERAL
GOVERNMENT.—The Federal 
Government shall not— 
(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) STATE, 
TRIBAL, 
AND
LOCAL
GOVERN-
MENTS.— 
(A) PROHIBITION.—As a condition on re-
ceipt of any Federal funds made available by or 
under any of the Acts listed in subparagraph 
(B), no State, Tribal, or local government 
shall— 
(i) issue any vaccine passport; or 
(ii) discriminate against person by re-
quiring documentation certifying COVID– 
19 vaccination, or post-transmission recov-
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ery, as a condition on the provision of any 
service or benefit. 
(B) SPECIFIED ACTS.—The Acts listed in 
this subparagraph are the following: 
(i) The Coronavirus Preparedness and 
Response 
Supplemental 
Appropriations 
Act, 2020 (Public Law 116–123). 
(ii) The Families First Coronavirus 
Response Act (Public Law 116–127). 
(iii) The CARES Act (Public Law 
116–136). 
(iv) The Paycheck Protection Pro-
gram and Health Care Enhancement Act 
(Public Law 116–139). 
(v) The American Rescue Plan Act of 
2021 (Public Law 117–2). 
(C) EXCEPTION.—Subparagraph (A) does 
not apply with respect to a school, including 
any kindergarten, elementary school, secondary 
school, and institution of higher education. 
(3) DEFINITION.—In this subsection, the term 
‘‘vaccine passport’’— 
(A) means any standardized documenta-
tion for the purpose of certifying an individual’s 
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COVID–19 vaccination status to a third party; 
and 
(B) excludes any documentation to the ex-
tent it is issued for the purpose of health care 
records. 
(b) NO DISCRIMINATION IN PROVISION OF PROD-
UCTS AND SERVICES.— 
(1) PROHIBITION.—No entity providing any 
product or service in or affecting interstate com-
merce shall require any patron or customer to pro-
vide any documentation certifying COVID–19 vac-
cination, or post-transmission recovery, as a condi-
tion on the provision of such product or service. 
(2) EXCEPTION.—Paragraph (1) does not apply 
with respect to the provision of— 
(A) education by any school, including any 
kindergarten, 
elementary 
school, 
secondary 
school, and institution of higher education; or 
(B) health care products and services. 
(3) PENALTY.—Whoever is found in a civil ac-
tion to enforce this subsection to be in violation of 
paragraph (1) shall be ineligible to be awarded, dur-
ing the 2-year period beginning on the date on which 
such finding becomes final, any Federal grant or 
contract. 
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(4) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—Any person who is de-
nied a provision or service, or who is discrimi-
nated against in the provision of a product or 
service, in violation of paragraph (1), may com-
mence a civil action in an appropriate district 
court of the United States to seek injunctive re-
lief with respect to such violation. 
(B) REASONABLE COSTS.—In a civil action 
under subparagraph (A), the court may allow 
the prevailing party reasonable costs, including 
attorney’s fees. 
SEC. 3. PROHIBITION ON VACCINATION AS A CONDITION 
OF FEDERAL EMPLOYMENT. 
(a) IN GENERAL.—The Federal Government shall 
not require that a Federal employee receive a COVID– 
19 vaccine as a condition of employment. 
(b) EXCEPTION.—Subsection (a) does not apply with 
respect to employees of the Department of Defense. 
SEC. 4. REQUIRED EXEMPTIONS FOR CERTAIN SCHOOLS 
MANDATING COVID–19 VACCINE. 
(a) IN GENERAL.—If a school requires a student to 
receive a COVID–19 vaccine as a condition on enrollment 
or continued enrollment, the Secretary of Education may 
not award any financial assistance to such school, directly 
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(c) DEFINITIONS.—In this section: 
(1) The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given to such 
terms in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(2) 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). 
(3) The term ‘‘school’’ means a public or pri-
vate kindergarten, a public or private elementary 
school or secondary school, or an institution of high-
er education. 
Æ 
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