118 S169 IS: Parental Rights Protection Act U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 169IN THE SENATE OF THE UNITED STATESJanuary 31, 2023Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit certain COVID–19 vaccination mandates for minors, and to require parental consent for COVID–19 vaccination of minors.

1.

Short title

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

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.

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.

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).