No Vaccine Mandates Act of 2021
Bill: S.2686 | Sponsor: Sen. Cruz, Ted (R-TX)
Policy area: Crime and Law Enforcement

Summary:
No Vaccine Mandates Act of 2021
This bill creates a federal statutory framework to govern restrictions and requirements related to vaccinations.
Specifically, the bill prohibits (1) requiring individuals to receive a vaccination that has only received emergency use authorization or received emergency use authorization prior to full approval, or (2) administering such a vaccine to a minor or other individual who lacks the capacity to consent without the consent of a parent or guardian.
Additionally, the bill requires a medical provider who administers a COVID-19 vaccination to provide a potential recipient with certain information about the risks associated with the vaccine so the potential recipient can make an informed decision.
The bill authorizes civil actions for damages.

To prohibit vaccination mandates for COVID-19.

    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 ``No Vaccine Mandates Act of 2021''.

SEC. 2. VACCINATIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 117 the following:

                      ``CHAPTER 117A--VACCINATIONS

``Sec. 2431. Vaccinations
    ``(a) Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful to--
                    ``(A) require any United States person to receive a 
                vaccine that has 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); or
                    ``(B) vaccinate with a vaccine that has only 
                received authorization by the Food and Drug 
                Administration through such an emergency use 
                authorization, or that has received such authorization 
                prior to receiving such full approval or licensure--
                            ``(i) an individual under the age of 18; or
                            ``(ii) an individual that lacks the 
                        capacity to exercise the right to consent to be 
                        vaccinated.
            ``(2) Exceptions.--Paragraph (1) shall not apply if the 
        individual, or if the individual is a minor or is otherwise 
        unable to consent, a parent, guardian, conservator, or 
        attorney-in-fact of the individual, provides consent to be 
        vaccinated in accordance with subsection (b).
    ``(b) Right To Be Informed.--Any person that administers a vaccine 
for the coronavirus disease 2019 (COVID-19) shall, consistent with 
medical ethics and applicable informed consent laws of the State in 
which the vaccine is administered and any applicable Federal 
regulations related to informed consent laws, disclose to any 
individual, before the vaccine is administered, the risks associated 
with the vaccine so that the individual can make an informed decision.
    ``(c) Civil Actions.--
            ``(1) In general.--Any individual aggrieved by a violation 
        of subsection (a) may bring a civil action in an appropriate 
        court against any person who negligently participated in the 
        vaccination of the individual in violation of that subsection.
            ``(2) Civil action on behalf of individuals unable to 
        consent.--A parent, guardian, or conservator of an individual 
        aggrieved by a violation of subsection (a) who is a minor or 
        otherwise unable to provide consent may bring a civil action on 
        behalf of that individual in an appropriate court against any 
        person who negligently participated in the vaccination of that 
        person in violation of subsection (a).
            ``(3) Appropriate relief.--Appropriate relief under this 
        section is the lesser of--
                    ``(A) $10,000; or
                    ``(B) an amount equal to the actual damages 
                sustained by the individual aggrieved by a violation of 
                this section.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 18, United States Code, is amended by inserting after 
the item relating to section 117 the following:

``117A. Vaccinations........................................    2431''.
                                 <all>