Vaccine Passport Prevention Act of 2021
Bill: H.R.4126 | Sponsor: Rep. Davidson, Warren (R-OH)
Policy area: Health

Summary:
Vaccine Passport Prevention Act of 2021
This bill generally prohibits governments from issuing vaccine passports (i.e., standard documentation other than health records to certify an individual's COVID-19 vaccination status to a third party) and discrimination based on an individual's COVID-19 vaccination status or post-transmission recovery.
Specifically, the federal government may not issue any vaccine passport or discriminate based on an individual's COVID-19 vaccination or recovery status by requiring documentation of the status as a condition of receiving a benefit or service. In addition, the federal government (except for the Department of Defense) may not mandate COVID-19 vaccines as a condition of federal employment.
Furthermore, the bill prohibits, as a condition of receiving certain COVID-19 relief funds, states, tribal nations, and localities from issuing vaccine passports or engaging in discrimination by requiring documentation of an individual's COVID-19 vaccination or recovery status.
Additionally, the bill prohibits private entities that offer products or services affecting interstate commerce from requiring documentation of an individual's COVID-19 vaccination or recovery status in order to obtain a product or service. It also establishes a private right of action for individuals who experience such discrimination by private entities.
The bill also provides an exception to allow kindergartens, elementary and secondary schools, and institutions of higher education to mandate COVID-19 vaccines as a condition of enrollment. However, the Department of Education may not award financial assistance to any school that requires COVID-19 vaccines without also providing for exemptions based on (1) religious or conscientious beliefs, (2) medical reasons, and (3) natural immunity from COVID-19.

To prohibit the Federal Government from issuing vaccine passports, to 
 prohibit businesses from discriminating against patrons and customers 
  by requiring documentation certifying COVID-19 vaccination, or post-
 transmission recovery, as a condition on the provision of products or 
                   services, 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 ``Vaccine Passport Prevention Act of 
2021''.

SEC. 2. PROHIBITION AGAINST VACCINE PASSPORTS.

    (a) No Government-Issued Vaccine Passports.--
            (1) Federal government.--The Federal Government shall not--
                    (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) State, tribal, and local governments.--
                    (A) Prohibition.--As a condition on receipt 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 
                        requiring documentation certifying COVID-19 
                        vaccination, or post-transmission recovery, 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 Program 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 documentation for the 
                purpose of certifying an individual's COVID-19 
                vaccination status to a third party; and
                    (B) excludes any documentation to the extent it is 
                issued for the purpose of health care records.
    (b) No Discrimination in Provision of Products and Services.--
            (1) Prohibition.--No entity providing any product or 
        service in or affecting interstate commerce shall require any 
        patron or customer to provide any documentation certifying 
        COVID-19 vaccination, or post-transmission recovery, as a 
        condition 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 action to enforce 
        this subsection to be in violation of paragraph (1) shall be 
        ineligible to be awarded, during the 2-year period beginning on 
        the date on which such finding becomes final, any Federal grant 
        or contract.
            (4) Private right of action.--
                    (A) In general.--Any person who is denied a 
                provision or service, or who is discriminated against 
                in the provision of a product or service, in violation 
                of paragraph (1), may commence a civil action in an 
                appropriate district court of the United States to seek 
                injunctive relief 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 or indirectly through a State educational agency or 
local educational agency, unless the school provides the following 
exemptions from such requirement:
            (1) Religious exemption.--Based on an objection in good 
        faith that immunization would violate the student's religious 
        beliefs.
            (2) Medical exemption.--Based on a certification--
                    (A) by a physician that immunization of the student 
                is medically inadvisable; or
                    (B) by a public health authority of the relevant 
                State or locality that immunization for students in a 
                category in which such student belongs is medically 
                inadvisable.
            (3) Reasons of conscience exemption.--Based on an objection 
        in good faith that immunization would violate reasons of 
        conscience.
            (4) Natural immunity exemption.--Based on the student 
        having had COVID-19 and acquired natural immunity.
    (b) Form.--An objection or certification described in paragraph 
(1), (2), (3), or (4) of subsection (a) shall be submitted in writing 
to the chief official of the school by, as applicable, the student or 
the student's parent or legal guardian.
    (c) Definitions.--In this section:
            (1) The terms ``elementary school'' and ``secondary 
        school'' have the meanings given to such terms in section 8101 
        of the Elementary and Secondary 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 private 
        kindergarten, a public or private elementary school or 
        secondary school, or an institution of higher education.
                                 <all>