COVID–19 Individual Liberty Act of 2021
Bill: H.R.5829 | Sponsor: Rep. Timmons, William R. IV (R-SC)
Policy area: Health

Summary:
COVID-19 Individual Liberty Act of 2021
This bill nullifies executive orders and otherwise limits the authority of the federal government and federally funded entities to mandate COVID-19 vaccines and other prevention measures.
Specifically, the bill nullifies two executive orders issued on September 9, 2021, which (1) mandate COVID-19 vaccines for federal employees, and (2) require federal contractors to comply with workplace safety guidance for preventing COVID-19.
In addition, the bill bars the use of federal funds for implementing or enforcing a COVID-19 vaccine mandate, including employer-based mandates. The bill also prohibits requiring, as a condition of participation in Medicare or Medicaid, that health care providers mandate COVID-19 vaccinations for their employees.
Furthermore, the federal government may not (1) issue any standardized documentation that certifies an individual's COVID-19 vaccination status to a third party, or (2) condition the provision of any service or benefit on the receipt of documentation certifying an individual's COVID-19 vaccination status or post-transmission recovery. These prohibitions apply to state, tribal, and local governments (excluding schools and institutions of higher education) as a condition of receiving federal COVID-19 relief funds.
The bill also requires the Department of Health and Human Services to publish guidelines on the extent to which natural immunity to COVID-19 prevents contracting or spreading the disease.

To prohibit federally funded COVID-19 vaccine mandates, 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 ``COVID-19 Individual Liberty Act of 
2021''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Vaccine mandate for Federal contractors and subcontractors.
Sec. 4. Nullification of vaccine mandate for executive branch 
                            employees.
Sec. 5. No Federal funding for COVID-19 vaccine mandates.
Sec. 6. Prohibition on implementation of COVID-19 vaccination mandate 
                            under the Medicare and Medicaid programs.
Sec. 7. Guidelines on natural immunity as a suitable alternative to 
                            being fully vaccinated.
Sec. 8. Prohibition against Federal issuance of, or discrimination 
                            based on vaccine passports.

SEC. 3. VACCINE MANDATE FOR FEDERAL CONTRACTORS AND SUBCONTRACTORS.

    (a) In General.--Executive Order 14042 (86 Fed. Reg. 50985; 
relating to ensuring adequate COVID safety protocols for Federal 
contractors) shall have no force or effect.
    (b) Effective Date.--This section shall take effect as if enacted 
on September 9, 2021.

SEC. 4. NULLIFICATION OF VACCINE MANDATE FOR EXECUTIVE BRANCH 
              EMPLOYEES.

    (a) In General.--Executive Order 14043 (86 Fed. Reg. 50989; 
relating to requiring coronavirus disease 2019 vaccination for Federal 
employees) shall have no force or effect.
    (b) Effective Date.--This section shall take effect as if enacted 
on September 14, 2021.

SEC. 5. NO FEDERAL FUNDING FOR COVID-19 VACCINE MANDATES.

    (a) In General.--No Federal funds may be used to implement or 
enforce (including through promulgation of any rule) a COVID-19 vaccine 
mandate.
    (b) Definitions.--In this section:
            (1) COVID-19 vaccine.--The term ``COVID-19 vaccine'' means 
        an immunization that is intended to prevent or mitigate COVID-
        19.
            (2) COVID-19 vaccine mandate.--The term ``COVID-19 vaccine 
        mandate'' means any requirement that an individual receive a 
        COVID-19 vaccine, including--
                    (A) any such requirement as a condition on becoming 
                or remaining a Federal employee, contractor, or 
                subcontractor; or
                    (B) any requirement that a non-Federal employer 
                require an employee, contractor, or subcontractor 
                thereof to receive a COVID-19 vaccine.
            (3) Non-federal employer.--The term ``non-Federal 
        employer''--
                    (A) means any person (other than the Federal 
                Government) engaged in a business in or affecting 
                interstate commerce; and
                    (B) includes a State or political subdivision of a 
                State to the extent it is engaged in such a business.

SEC. 6. PROHIBITION ON IMPLEMENTATION OF COVID-19 VACCINATION MANDATE 
              UNDER THE MEDICARE 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 condition 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 SUITABLE ALTERNATIVE TO 
              BEING FULLY VACCINATED.

    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 immunity provides protection from contracting 
or spreading COVID-19 that is at least equivalent to the immunity 
provided by vaccination.

SEC. 8. PROHIBITION AGAINST FEDERAL ISSUANCE OF, OR DISCRIMINATION 
              BASED ON VACCINE PASSPORTS.

    (a) Federal Government.--The Federal Government shall not--
            (1) issue any vaccine passport; or
            (2) discriminate against any person by requiring 
        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 requiring 
                documentation certifying COVID-19 vaccination, or post-
                transmission recovery, as a condition on the provision 
                of any service or benefit.
            (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).
                    (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 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.
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