HR 3868

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.