United States 117th Congress Status: Died 15 R cosponsors

HR 3868 — No Vaccine Passports for Americans Act

Last action — Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

No Vaccine Passports for Americans Act This bill restricts collection and disclosure of an individual's vaccination status, including for COVID-19 vaccinations. It also makes it unlawful to discriminate based on COVID-19 vaccination status and to mandate vaccination in certain circumstances. Specifically, the bill prohibits the use of federal funds to establish or collaborate with federal, state, private, or international systems that track or monitor an individual's COVID-19 vaccination status. Additionally, federal agencies must destroy existing records that contain information about an individual's COVID-19 vaccination status within 30 days. Furthermore, agencies may not issue vaccine passports or similar standardized documentation of COVID-19 vaccination status. The bill also prohibits discrimination based on COVID-19 vaccination status or willingness to provide documentation of vaccination status in employment, public accommodations, and certain public programs and services. Remedies and enforcement mechanisms available under federal civil rights laws apply to violations under this bill. In addition, federal privacy standards for health information must prohibit the disclosure of non-anonymized information about the status of any vaccination without a patient's express consent. Moreover, the bill makes anyone who requests an individual's vaccination status subject to these standards. The bill temporarily bans (1) mandates for vaccines authorized for use under emergency procedures, and (2) administration of those vaccines to minors or individuals who lack capacity to consent to vaccinations without the consent of their parent or guardian. It also prohibits public disclosure of an individual's COVID-19 vaccination status without express, written consent. Violations of these prohibitions are subject to criminal and civil penalties.

Bill Text

Sections of law this bill changes

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Also cites: 8 U.S.C. § 1101, 21 U.S.C. § 355, 21 U.S.C. § 360bbb-3, 29 U.S.C. § 794, 29 U.S.C. § 794a, 42 U.S.C. § 262, 42 U.S.C. § 1981a, 42 U.S.C. § 1988, 42 U.S.C. § 2000a-3, 42 U.S.C. § 2000e, 42 U.S.C. § 2000e-16, 42 U.S.C. § 12111 and 2 more

Action History

  1. Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

  2. Referred to the Subcommittee on Health.

  3. Introduced in House

  4. Introduced in House

  5. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  6. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  7. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  8. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  9. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  10. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

  11. Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Education and Labor, Foreign Affairs, Oversight and Reform, and House Administration, 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 14 co-sponsors · 532 not signed on

Sponsors (1)

Co-sponsors (14)

Not signed on (532)

532 members have not signed on to this bill.

Show all 532 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 3868 do?
No Vaccine Passports for Americans Act This bill restricts collection and disclosure of an individual's vaccination status, including for COVID-19 vaccinations. It also makes it unlawful to discriminate based on COVID-19 vaccination status and to mandate vaccination in certain circumstances. Specifically, the bill prohibits the use of federal funds to establish or collaborate with federal, state, private, or international systems that track or monitor an individual's COVID-19 vaccination status. Additionally, federal agencies must destroy existing records that contain information about an individual's COVID-19 vaccination status within 30 days. Furthermore, agencies may not issue vaccine passports or similar standardized documentation of COVID-19 vaccination status. The bill also prohibits discrimination based on COVID-19 vaccination status or willingness to provide documentation of vaccination status in employment, public accommodations, and certain public programs and services. Remedies and enforcement mechanisms available under federal civil rights laws apply to violations under this bill. In addition, federal privacy standards for health information must prohibit the disclosure of non-anonymized information about the status of any vaccination without a patient's express consent. Moreover, the bill makes anyone who requests an individual's vaccination status subject to these standards. The bill temporarily bans (1) mandates for vaccines authorized for use under emergency procedures, and (2) administration of those vaccines to minors or individuals who lack capacity to consent to vaccinations without the consent of their parent or guardian. It also prohibits public disclosure of an individual's COVID-19 vaccination status without express, written consent. Violations of these prohibitions are subject to criminal and civil penalties.
Who sponsors HR 3868?
HR 3868 is sponsored by Harshbarger, Diana (Republican), Tenney, Claudia (Republican), Good, Bob (Republican), Van Drew, Jefferson (Republican), Malliotakis, Nicole (Republican), Posey, Bill (Republican), Fallon, Pat (Republican), Duncan, Jeff (Republican), Miller, Mary E. (Republican), Jackson, Ronny (Republican), Joyce, John (Republican), Rutherford, John H. (Republican), Gooden, Lance (Republican), Lesko, Debbie (Republican), and Donalds, Byron (Republican).
What is the current status of HR 3868?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 3868?
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