I 
117TH CONGRESS 
1ST SESSION H. R. 5816 
To prohibit the Federal Government, or State or local government or other 
entity receiving Federal funding, from requiring any citizen to be vac-
cinated, including Federal agencies from requiring its employees to take 
any vaccination, without the citizen being fully advised in writing of 
all known potential risks from the vaccine and consultation with a physi-
cian followed by the voluntary informed consent of the citizen, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2021 
Mr. GOHMERT (for himself, Mr. DUNCAN, Mr. GOOD of Virginia, Mr. WEBER 
of Texas, Mr. LAMALFA, Mr. BABIN, Mr. BIGGS, Mr. NORMAN, Mr. 
MAST, and Mr. GAETZ) introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To prohibit the Federal Government, or State or local gov-
ernment or other entity receiving Federal funding, from 
requiring any citizen to be vaccinated, including Federal 
agencies from requiring its employees to take any vac-
cination, without the citizen being fully advised in writing 
of all known potential risks from the vaccine and con-
sultation with a physician followed by the voluntary in-
formed consent of the citizen, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Informed 
Consent Exemption (NICE) Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Constitution does not permit a vaccine 
mandate, including a mandate by the executive 
branch imposed on Federal employees as a condition 
to maintain the employment they need to feed them-
selves or their families. 
(2) It is unconscionable for any entity to use 
force or coercion to compel individuals to take a vac-
cine without their informed consent, and even more 
egregiously unconscionable for a vaccine to be ad-
ministered under emergency use authorization 
(EUA) without adequate warnings of known poten-
tial risks to that specific employee or patient. The 
rights of the American people to free exercise of reli-
gion, due process of law, and protection from reli-
gious discrimination, includes the fundamental right 
to decline vaccination and testing for infectious dis-
ease without penalty. 
(3) Mandating vaccines, including experimental 
vaccines, does not fall within any of the executive 
authorities, according to article II, section 2 of the 
United States Constitution. 
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(4) According to the American Heritage Med-
ical Dictionary, informed consent is the consent by 
a person to undergo a medical procedure after re-
ceiving all material information regarding risks, ben-
efits, and alternatives. 
(5) Vaccines in America are licensed and regu-
lated federally. 
(6) Product inserts for vaccines approved by the 
United States Food and Drug Administration 
(FDA) evidence that: 
(A) Each vaccine on the routine vaccina-
tion schedules published by the U.S. Centers for 
Disease Control and Prevention (CDC) has 
never been clinically evaluated in humans for its 
long-term potential to cause cancer, impair fer-
tility, and mutate genes. 
(B) The pivotal clinical trial relied upon by 
the Food and Drug Administration (FDA) for 
approval of each vaccine on the CDC schedule 
did not evaluate the safety of the vaccine (1) 
for at least one year after the vaccine is admin-
istered, and (2) against a control group that re-
ceived (A) a truly inert placebo, or (B) another 
vaccine approved based on a pivotal clinical 
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trial that included a control group that received 
a truly inert placebo. 
(7) In 2018, the United States Department of 
Health and Human Services (HHS) published that 
it has no evidence that its Secretary completed any 
of the 16 required vaccine safety reports, bi-annually 
pursuant to U.S.C. 300aa–27(c) (‘‘Report. Within 2 
years after December 22, 1987, and periodically 
thereafter . . .’’). 
(8) In 2018, the FDA published, ‘‘Until a vac-
cine is given to the general population, all potential 
adverse events cannot be anticipated.’’. 
(9) In 2020, the National Institutes of Health 
(NIH) published, ‘‘The ‘gold standard’ for testing 
interventions in people is the ‘randomized, placebo- 
controlled’ clinical trial, in which volunteers are ran-
domly assigned to a test group receiving the experi-
mental intervention or a control group receiving a 
placebo (an inactive substance that looks like the 
drug or treatment being tested). Comparing results 
from the two groups suggests whether changes in 
the test group result from the treatment or occur by 
chance.’’. 
(10) The field of medicine and science is ad-
vancing at a rapid pace. The Institute of Medicine 
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(IOM) has reported that it can take up to 17 years 
for a new best practice to reach the average physi-
cian and surgeon. It is prudent to recognize doctors’ 
discretion when applying all of their knowledge, 
training, expertise, and new developments in the 
care of their patients. 
(11) Vaccine ingredients are commonly sourced 
from foreign nations. 
(12) America’s national security is directly im-
pacted by mandatory vaccination. 
SEC. 3. PROHIBITION ON MANDATORY VACCINATION AND 
INFECTIOUS DISEASE TESTING. 
(a) The Federal Government, and persons receiving 
Federal funding, are prohibited from requiring any citizen 
to be vaccinated or tested for an infectious disease without 
due process of law. Citizens have the fundamental right 
to decline vaccination for an infectious disease without 
penalty. 
(b) Vaccination shall henceforth be optional to citi-
zens, except as provided in section 5, for their participa-
tion in society, including but not limited to education, 
travel, employment, government service, housing, social 
welfare programs, access to courts, and medical care. 
(c) Any laws, regulations, or policies, purporting to 
authorize any form of discrimination against any citizen, 
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whether in the form of denial of education, travel, employ-
ment, government service, housing, social welfare pro-
grams, access to courts, and medical care, which is based 
solely upon their refusal to consent to vaccination for an 
infectious disease, are repugnant to the United States 
Constitution and are therefore unenforceable, except as 
provided in section 5. Nor shall any laws, regulations, or 
policies, require an individual to provide any ‘‘vaccine 
passport’’ or documentation, whether digital or otherwise, 
certifying vaccination or post-infection recovery to gain ac-
cess to, entry upon, or service from an institution within 
the United States, except as provided in section 5. 
(d) The exemption from vaccination for infectious 
disease provided by this Act shall be known as the Na-
tional Informed Consent Exemption (‘‘NICE’’) and may 
be exercised by any individual, including on behalf of their 
child or dependent, without any precondition or require-
ment, except as provided in section 5. 
(e) With the exception of emancipated minors, no 
child shall be vaccinated without (1) the consent of each 
parent or guardian for the child, or (2) the consent of one 
parent or guardian for the child and prior written 3-day 
notification to the other parent or guardian(s) for the 
child regarding the vaccination appointment. 
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SEC. 4. ENFORCEMENT. 
(a) Any person who has been the victim of a violation 
of this Act may bring a civil action for damages against 
any responsible party. The plaintiff may seek actual dam-
ages, compensatory damages, punitive damages, injunctive 
relief, any combination of those, or any other appropriate 
relief. A prevailing plaintiff may also be awarded attor-
ney’s fees and court costs. 
(b) Anyone or any entity that provides false informa-
tion intending to influence a person to be vaccinated shall 
be liable to the person vaccinated or that person’s heirs 
for any and all damages resulting from such vaccination, 
including actual damages, compensatory damages, puni-
tive damages, as well as attorney’s fees and court costs. 
SEC. 5. EXCEPTIONS. 
This Act shall not apply to the following: 
(1) lawfully incarcerated and institutionalized 
individuals lacking the right or ability to meaning-
fully provide informed consent or informed refusal; 
(2) courts of law issuing individualized court or-
ders specific to one individual, provided the court 
order applies strict scrutiny following a hearing af-
fording due process of law to the individual affected; 
or 
(3) Federal, State, and local emergencies where 
the governing authority has first formally applied to 
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the President of the United States of America for a 
NICE exception, and provided that the President in 
his discretion formally authorizes the requested ex-
ception based on the following criteria proven by the 
governing authority: (i) compliance with the proce-
dure in section 5(b) would be materially impractical, 
(ii) the requested NICE exception would not materi-
ally interfere with National Security, and (iii) short- 
term and long-term side effects from the vaccina-
tion, including serious injuries and deaths, have been 
proven to occur in less than 1 in 200,000 individ-
uals. 
SEC. 6. EVALUATION OF VACCINATED COMPARED TO 
UNVACCINATED AMERICANS. 
(a) The United States Surgeon General shall imme-
diately commence an independent evaluation of the CDC 
vaccination schedule, and also an independent evaluation 
of COVID–19 vaccination. 
(b) The independent evaluations shall be performed 
by a Vaccine Safety Commission comprised of 30 physi-
cians and scientists, appointed by the United States Sur-
geon General. Commission members shall not have any 
current or previous ownership interest, or any current or 
previous consulting or employment relationship, with any 
manufacturer of a vaccine. 
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(c) All evaluation details, communications, results, 
and analyses of the Commission shall be made publicly 
available. 
(d) The risk of permanent disability and death from 
the vaccine, alone and in combination with other vaccines, 
shall be measured objectively by review of biological stud-
ies and epidemiological surveys of completely unvaccinated 
persons who have received no vaccines in life, compared 
to persons who have received various vaccines under eval-
uation. The risk of permanent disability and death caused 
by an infectious disease shall be measured objectively by 
national vital statistics for the 10 years before the first 
vaccine for that disease was first introduced for public use. 
(e) Independent evaluations shall be made of poten-
tial therapeutic medications for diseases for which vac-
cines have been produced, including consideration of stud-
ies done on such medications. 
(f) At the completion of the evaluation on July 1, 
2026, the Committee shall produce a report that shall be 
provided to each Member of Congress. 
Æ 
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