The bill has significant implications for state laws regarding public health and vaccination policies. Local and state governments will be prohibited from asking for vaccine documentation if they seek federal funds, which could lead to a uniform approach across the nation regarding the treatment of individuals who have not received the COVID-19 vaccine or those who have natural immunity but might not possess formal documentation. This could potentially curtail the authority of local health departments, schools, and businesses in managing public health responses, especially in the context of future health emergencies.
Summary
House Bill 772, known as the Vaccine Passport Prevention Act of 2023, aims to prohibit the federal government from issuing COVID-19 vaccine passports, as well as preventing discrimination by businesses requiring vaccination documentation as a condition for service. This legislation is primarily intended to ensure individuals are not mandated to provide proof of vaccination for participation in society, particularly concerning access to products, services, and community engagement. It includes stipulations that federal funds will not be allocated to state or local governments that impose such requirements, thus influencing public policy at various governmental levels.
Contention
Notably, there are points of contention surrounding this bill. Proponents argue that it protects individual freedom and autonomy against government overreach, while opponents raise concerns over potential public health risks that could arise from limiting vaccination requirements, particularly during periods of heightened transmission of infectious diseases. Additionally, the bill’s specific exemptions and provisions could lead to debates on how best to balance public health needs with individual rights, highlighting the ongoing national conversation about vaccine mandates.
No Vaccine Passports Act This bill prohibits certain actions related to vaccine passports and proof of COVID-19 vaccination. Specifically, a federal agency may not issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID-19 vaccination status of a U.S. citizen to a third party, or otherwise publish or share any COVID-19 vaccination record of a U.S. citizen or similar health information. Additionally, proof of COVID-19 vaccination shall not be required to access federal or congressional property or services.
No Vaccine Passports Act This bill prohibits certain actions related to vaccine passports and proof of COVID-19 vaccination. Specifically, a federal agency may not issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID-19 vaccination status of a U.S. citizen to a third party, or otherwise publish or share any COVID-19 vaccination record of a U.S. citizen or similar health information. Additionally, proof of COVID-19 vaccination shall not be required to access federal or congressional property or services.
Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.