II 

117TH CONGRESS 

1ST SESSION S. 2686 

To prohibit vaccination mandates for COVID–19. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 9, 2021 

Mr. CRUZ (for himself and Mr. CRAMER) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit vaccination mandates for COVID–19. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Vaccine Mandates 

5 Act of 2021’’. 

6 SEC. 2. VACCINATIONS. 

7 (a) IN GENERAL.—Part I of title 18, United States 

8 Code, is amended by inserting after chapter 117 the fol9 lowing: 

10 ‘‘CHAPTER 117A—VACCINATIONS 

11 ‘‘§ 2431. Vaccinations 

12 ‘‘(a) REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), it shall be unlawful to— 

3 ‘‘(A) require any United States person to 

4 receive a vaccine that has only received author5 ization by the Food and Drug Administration 

6 through an emergency use authorization pursu7 ant to section 564 of the Federal Food, Drug, 

8 and Cosmetic Act (21 U.S.C. 360bbb–3), or 

9 that has received such authorization prior to re10 ceiving full approval or licensure under section 

11 505 of the Federal Food, Drug, and Cosmetic 

12 Act (21 U.S.C. 355) or section 351 of the Pub13 lic Health Service Act (42 U.S.C. 262); or 

14 ‘‘(B) vaccinate with a vaccine that has only 

15 received authorization by the Food and Drug 

16 Administration through such an emergency use 

17 authorization, or that has received such author18 ization prior to receiving such full approval or 

19 licensure— 

20 ‘‘(i) an individual under the age of 18; 

21 or 

22 ‘‘(ii) an individual that lacks the ca23 pacity to exercise the right to consent to be 

24 vaccinated. 


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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

2 apply if the individual, or if the individual is a minor 

3 or is otherwise unable to consent, a parent, guard4 ian, conservator, or attorney-in-fact of the indi5 vidual, provides consent to be vaccinated in accord6 ance with subsection (b). 

7 ‘‘(b) RIGHT TO BE INFORMED.—Any person that ad8 ministers a vaccine for the coronavirus disease 2019 

9 (COVID–19) shall, consistent with medical ethics and ap10 plicable informed consent laws of the State in which the 

11 vaccine is administered and any applicable Federal regula12 tions related to informed consent laws, disclose to any in13 dividual, before the vaccine is administered, the risks asso14 ciated with the vaccine so that the individual can make 

15 an informed decision. 

16 ‘‘(c) CIVIL ACTIONS.— 

17 ‘‘(1) IN GENERAL.—Any individual aggrieved 

18 by a violation of subsection (a) may bring a civil ac19 tion in an appropriate court against any person who 

20 negligently participated in the vaccination of the in21 dividual in violation of that subsection. 

22 ‘‘(2) CIVIL ACTION ON BEHALF OF INDIVID23 UALS UNABLE TO CONSENT.—A parent, guardian, or 

24 conservator of an individual aggrieved by a violation 

25 of subsection (a) who is a minor or otherwise unable 


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1 to provide consent may bring a civil action on behalf 

2 of that individual in an appropriate court against 

3 any person who negligently participated in the vac4 cination of that person in violation of subsection (a). 

5 ‘‘(3) APPROPRIATE RELIEF.—Appropriate relief 

6 under this section is the lesser of— 

7 ‘‘(A) $10,000; or 

8 ‘‘(B) an amount equal to the actual dam9 ages sustained by the individual aggrieved by a 

10 violation of this section.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of chapters for part I of title 18, United States 

13 Code, is amended by inserting after the item relating to 

14 section 117 the following: 

‘‘117A. Vaccinations ......................................................................... 2431’’. 

Æ 


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