Title: Blocking Joseph Robinette Biden’s Overreaching Vaccine Mandates Act
Policy area: Health

Summary:
Blocking Joseph Robinette Biden's Overreaching Vaccine Mandates Act
This bill restricts implementation and enforcement of COVID-19 vaccine mandates, including in the Medicare and Medicaid programs.
Specifically, the Department of Health and Human Services may not require, as a condition of participation in the programs, that providers mandate COVID-19 vaccination for their employees, or otherwise penalize participating providers that do not mandate such vaccination.
The bill also prohibits the use of federal funds to implement or enforce a COVID-19 vaccine mandate.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5450 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5450

To prohibit the use of Federal funds to implement or enforce a COVID-19 
                vaccine mandate, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2021

 Mrs. Harshbarger (for herself, Mr. Carter of Georgia, Mr. Posey, Ms. 
    Herrell, Mr. Rutherford, Mr. Estes, Mr. Duncan, and Mr. Guest) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committees on Education and 
  Labor, Oversight and Reform, and Ways and Means, 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 prohibit the use of Federal funds to implement or enforce a COVID-19 
                vaccine mandate, 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 ``Blocking Joseph Robinette Biden's 
Overreaching Vaccine Mandates Act''.

SEC. 2. PROHIBITION OF 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 or regulation) a 
COVID-19 vaccine mandate.
    (b) Definitions.--In this and the next section:
            (1) COVID-19 vaccine.--The term ``COVID-19 vaccine'' means 
        an immunization that is intended to prevent or mitigate 
        coronavirus disease 2019 (or SARS-CoV-2).
            (2) COVID-19 vaccine mandate.--The term ``COVID-19 vaccine 
        mandate'' means--
                    (A) any requirement that a person, including a 
                Federal employee or an individual performing work or in 
                connection with a contractor with the Federal 
                Government, receive a COVID-19 vaccine; or
                    (B) any requirement that an employer require an 
                employee or independent contractor to receive a COVID-
                19 vaccine.
            (3) Employer.--The term ``employer'' means a person engaged 
        in a business affecting commerce who has employees or 
        independent contractors. Such term includes a State or 
        political subdivision of a State but does not include the 
        United States.

SEC. 3. 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.
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