[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5829 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5829
To prohibit federally funded COVID-19 vaccine mandates, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2021
Mr. Timmons introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Oversight and Reform, Education and Labor, 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 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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