What This Bill Does
This bill prevents the federal government and organizations that receive federal education funding from requiring people under age 18 to get a COVID-19 vaccine. It also requires a parent, guardian, or other legal representative to give written permission before anyone under age 18 receives a COVID-19 vaccine.
Who It Affects
Schools that receive federal education funding, state and local government agencies that receive federal funds, parents and guardians of minors, and anyone under age 18 seeking a COVID-19 vaccine.
Key Provisions
• The federal government and any organization receiving federal education funds cannot require or mandate that anyone age 18 or younger receive a COVID-19 vaccine (Sec. 2(a))
• Schools that impose a COVID-19 vaccine requirement lose their eligibility for certain federal education funding until they end the requirement (Sec. 2(b))
• A parent, guardian, conservator, or attorney-in-fact must provide prior written and informed consent before any person age 18 or younger receives a COVID-19 vaccine (Sec. 3)
• This bill only applies to COVID-19 vaccines that received emergency authorization from the Food and Drug Administration, or that had emergency authorization before receiving full approval (Sec. 4)
What Changes
Schools cannot require COVID-19 vaccination for students. Parents must consent in writing before minors receive COVID-19 vaccines. Schools that currently mandate COVID-19 vaccines lose federal education funding unless they end the mandate.
Important Definitions
The bill defines "COVID-19 vaccine" as vaccines that only received emergency authorization by the Food and Drug Administration, or received emergency authorization before receiving full approval or licensure.
II
118TH CONGRESS
1ST SESSION
S. 169
To prohibit certain COVID–19 vaccination mandates for minors, and to
require parental consent for COVID–19 vaccination of minors.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Health, Education, Labor, and Pensions
A BILL
To prohibit certain COVID–19 vaccination mandates for mi-
nors, and to require parental consent for COVID–19
vaccination of minors.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Parental Rights Pro-
4
tection Act’’.
5
SEC. 2. PROHIBITIONS AGAINST COVID–19 VACCINATION
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MANDATES FOR MINORS.
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(a) PROHIBITION AGAINST MANDATES.—Neither the
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Federal Government, nor any agency, grantee, payee, or
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recipient, including any State, local, Tribal, or territorial
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•S 169 IS
governmental entity (including any local educational agen-
1
cy, as defined in section 8101 of the Elementary and Sec-
2
ondary Education Act of 1965 (20 U.S.C. 7801)), that
3
receives any Federal funds from the Department of Edu-
4
cation or the Department of Health and Human Services
5
may require or otherwise mandate that any individual age
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18 or younger receive a COVID–19 vaccine.
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(b) PROHIBITION AGAINST SCHOOL MANDATES.—
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(1) IN GENERAL.—A local educational agency
9
(as defined in section 8101 of the Elementary and
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Secondary Education Act of 1965 (20 U.S.C. 7801))
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that imposes a mandate requiring any students age
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18 or younger to receive a COVID–19 vaccine shall
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be subject to the penalty described in paragraph (2).
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(2) PENALTY.—A local educational agency that
15
imposes a mandate described in paragraph (1) shall
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not be eligible to receive funding under part A of
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title IV of the Elementary and Secondary Education
18
Act of 1965 (20 U.S.C. 7101 et seq.) or under part
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A of title II of such Act (20 U.S.C. 6611 et seq.)
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beginning on the later of—
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(A) the date of enactment of this Act; or
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(B) the date on which such mandate be-
23
comes effective.
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•S 169 IS
(3) RESUMED
ELIGIBILITY.—If a local edu-
1
cational agency ends the mandate described in para-
2
graph (1) that local educational agency shall become
3
eligible to receive the funding described in paragraph
4
(2) as of the date on which that mandate is no
5
longer effective.
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SEC. 3. PARENTAL CONSENT FOR VACCINATION OF MI-
7
NORS.
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No COVID–19 vaccine may be administered to any
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individual age 18 or younger unless a parent, guardian,
10
conservator, or attorney-in-fact of the minor provides
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prior, written, informed consent for the minor to receive
12
such vaccine.
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SEC. 4. APPLICABLE VACCINES.
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For purposes of sections 2 and 3, the term ‘‘COVID–
15
19 vaccine’’ means any vaccine against COVID–19 that
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only received authorization by the Food and Drug Admin-
17
istration through an emergency use authorization pursu-
18
ant to section 564 of the Federal Food, Drug, and Cos-
19
metic Act (21 U.S.C. 360bbb–3), or that has received such
20
authorization prior to receiving full approval or licensure
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under section 505 of the Federal Food, Drug, and Cos-
22
metic Act (21 U.S.C. 355) or section 351 of the Public
23
Health Service Act (42 U.S.C. 262).
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Æ
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