Parental Rights Protection Act
Bill: S.3184 | Sponsor: Sen. Cruz, Ted (R-TX)
Policy area: Health

Summary:
Parental Rights Protection Act
This bill restricts government entities from requiring that individuals age 18 or younger receive certain COVID-19 vaccines that were authorized through emergency use and related procedures.
Specifically, a federal, state, tribal, territorial, or local government entity (including a local educational agency) that receives funding from either the Department of Education or the Department of Health and Human Services may not require such COVID-19 vaccinations for individuals age 18 or younger. In particular, a local educational agency that mandates COVID-19 vaccinations for students loses its eligibility for federal education funding.
The bill also requires the prior, informed, written consent of a parent or guardian before administration of such COVID-19 vaccines to an individual age 18 or younger.

To prohibit certain COVID-19 vaccination mandates for minors, and to 
      require parental consent for COVID-19 vaccination of minors.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Rights Protection Act''.

SEC. 2. PROHIBITIONS AGAINST COVID-19 VACCINATION MANDATES FOR MINORS.

    (a) Prohibition Against Mandates.--Neither the Federal Government, 
nor any agency, grantee, payee, or recipient, including any State, 
local, Tribal, or territorial governmental entity (including any local 
educational agency, as defined in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801)), that receives any 
Federal funds from the Department of Education or the Department of 
Health and Human Services may require or otherwise mandate that any 
individual age 18 or younger receive a COVID-19 vaccine.
    (b) Prohibition Against School Mandates.--
            (1) In general.--A local educational agency (as defined in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801)) that imposes a mandate requiring any 
        students age 18 or younger to receive a COVID-19 vaccine shall 
        be subject to the penalty described in paragraph (2).
            (2) Penalty.--A local educational agency that imposes a 
        mandate described in paragraph (1) shall not be eligible to 
        receive funding under part A of title IV of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) or 
        under part A of title II of such Act (20 U.S.C. 6611 et seq.) 
        beginning on the later of--
                    (A) the date of enactment of this Act; or
                    (B) the date on which such mandate becomes 
                effective.
            (3) Resumed eligibility.--If a local educational agency 
        ends the mandate described in paragraph (1) that local 
        educational agency shall become eligible to receive the funding 
        described in paragraph (2) as of the date on which that mandate 
        is no longer effective.

SEC. 3. PARENTAL CONSENT FOR VACCINATION OF MINORS.

    No COVID-19 vaccine may be administered to any individual age 18 or 
younger unless a parent, guardian, conservator, or attorney-in-fact of 
the minor provides prior, written, informed consent for the minor to 
receive such vaccine.

SEC. 4. APPLICABLE VACCINES.

    For purposes of sections 2 and 3, the term ``COVID-19 vaccine'' 
means any vaccine against COVID-19 that only received authorization by 
the Food and Drug Administration through an emergency use authorization 
pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb-3), or that has received such authorization prior to 
receiving full approval or licensure under section 505 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the 
Public Health Service Act (42 U.S.C. 262).
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