US Codex
Bill
Notes

Protecting Religious Students from Vaccine Mandates Act of 2021

H.R. 5967 · 117th Congress · Nov 15, 2021 · Lineage

A BILL

To ensure that institutions of higher education with COVID–19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes.

Section 1 Short title

This Act may be cited as the “Protecting Religious Students from Vaccine Mandates Act of 2021”.

Sec. 2 Provision of religious exemption from COVID–19 vaccination requirements

(a)
Religious exemption requirement— A public institution of higher education that has a COVID–19 vaccination requirement shall, through December 31, 2024—
(1)
provide a reasonable opportunity for an individual to receive a religious exemption from such vaccination requirement; and
(2)
make a good-faith effort to notify individuals who are subject to such vaccination requirement of the opportunity to receive, and procedures to apply for, such a religious exemption, using easily accessible forms of communication such as the website of the institution or official digital or written correspondence from the institution to such individuals.
(b)
Annual report— An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that—
(1)
certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and
(2)
in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education.
(c)
Enforcement—
(1)
In general— Unless the Secretary of Education has determined that an institution of higher education is unable to comply with the requirements under subsection (a) due to an undue hardship for the institution based on evidence provided in accordance with subsection (b)(2), a public institution of higher education that has a COVID–19 vaccination requirement and that fails to comply with the requirements under subsection (a) shall not be awarded Federal funds for any purpose, directly or indirectly, including through a contract or subcontract, except that students at the institution may receive Federal student financial aid.
(2)
Sunset— The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024.
(d)
Rule of construction— Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID–19 vaccinations on campus.
(e)
Definitions— In this section:
(1)
COVID–19 vaccination requirement— The term COVID–19 vaccination requirement means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID–19.
(2)
Institution of higher education— The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3)
Religious exemption— The term religious exemption means an exemption granted to an individual to permit such individual to be exempted from a COVID–19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual.