No Vax Pass Act of 2021
Bill: H.R.3762 | Sponsor: Rep. Gallagher, Mike (R-WI)
Policy area: Health

Summary:
No Vax Pass Act of 2021
This bill generally prohibits states and localities from expending COVID-19 relief funds on systems (other than in health care contexts) that verify an individual's COVID-19 vaccination status.
However, the bill provides an exception for state educational agencies, local educational agencies, institutions of higher education, secondary schools, and elementary schools. These entities may implement a system to verify the COVID-19 vaccination status of students and staff provided that requirements for COVID-19 vaccines are no stricter than requirements for any other vaccine.

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.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. PROHIBITION AGAINST USING COVID-19 RELIEF FUNDS TO DEVELOP OR 
              IMPLEMENT A VACCINE PASSPORT SYSTEM.

    (a) Prohibition.--Notwithstanding any other provision of law (other 
than the exception in subsection (b)), no COVID-19 relief funds may be 
used by a State or political subdivision thereof to develop or 
implement, or support 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, institution of higher 
education, secondary school, or elementary school from using COVID-19 
relief funds for developing 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 corresponding condition imposed by the agency or 
school relative to other vaccines.
    (c) Definitions.--In this section:
            (1) The term ``COVID-19 relief funds'' means funds made 
        available by any of 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 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 educational 
        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).
            (4) The term ``State'' includes the District of Columbia 
        and any territory of the United States.
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