Blocking Joseph Robinette Biden’s Overreaching Vaccine Mandates Act

Bill: 117-hr-5450
Sponsor: full_name: Rep. Harshbarger, Diana [R-TN-1]
Introduced: 2021-09-30
Policy area: Health
Subjects: Administrative law and regulatory procedures

Cardiovascular and respiratory health

Emergency medical services and trauma care

Government employee pay, benefits, personnel management

Health programs administration and funding

Immunology and vaccination

Infectious and parasitic diseases

Medicaid

Medicare

Public contracts and procurement

Worker safety and health
Latest action: action_date: 2021-10-01
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2021-09-30
action_desc: Introduced in House
text: <p><strong>Blocking Joseph Robinette Biden's Overreaching Vaccine Mandates Act</strong></p> <p>This bill restricts implementation and enforcement of COVID-19 vaccine mandates, including in the Medicare and Medicaid programs.</p> <p>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.</p> <p>The bill also prohibits the use of federal funds to implement or enforce a COVID-19 vaccine mandate.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5450 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.

1. Short title This Act may be cited as the Blocking Joseph Robinette Biden’s Overreaching Vaccine Mandates Act . 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. 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.