[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5816 Introduced in House (IH)]
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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 vaccinated, 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 physician 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 government or
other entity receiving Federal funding, from requiring any citizen to
be vaccinated, 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 physician followed by the voluntary informed consent of the
citizen, and for other purposes.
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 ``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 themselves or their families.
(2) It is unconscionable for any entity to use force or
coercion to compel individuals to take a vaccine without their
informed consent, and even more egregiously unconscionable for
a vaccine to be administered under emergency use authorization
(EUA) without adequate warnings of known potential risks to
that specific employee or patient. The rights of the American
people to free exercise of religion, due process of law, and
protection from religious discrimination, includes the
fundamental right to decline vaccination and testing for
infectious disease 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.
(4) According to the American Heritage Medical Dictionary,
informed consent is the consent by a person to undergo a
medical procedure after receiving all material information
regarding risks, benefits, and alternatives.
(5) Vaccines in America are licensed and regulated
federally.
(6) Product inserts for vaccines approved by the United
States Food and Drug Administration (FDA) evidence that:
(A) Each vaccine on the routine vaccination
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 fertility, 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 administered, and (2) against a control
group that received (A) a truly inert placebo, or (B)
another vaccine approved based on a pivotal clinical
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 vaccine 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 randomly assigned to a test group
receiving the experimental 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 advancing at a
rapid pace. The Institute of Medicine (IOM) has reported that
it can take up to 17 years for a new best practice to reach the
average physician 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 impacted 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 citizens, except as
provided in section 5, for their participation 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, whether in the form of
denial of education, travel, employment, government service, housing,
social welfare programs, 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
access 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 National Informed Consent Exemption
(``NICE'') and may be exercised by any individual, including on behalf
of their child or dependent, without any precondition or requirement,
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.
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 damages, compensatory damages, punitive
damages, injunctive relief, any combination of those, or any other
appropriate relief. A prevailing plaintiff may also be awarded
attorney's fees and court costs.
(b) Anyone or any entity that provides false information 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,
punitive 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 meaningfully provide informed
consent or informed refusal;
(2) courts of law issuing individualized court orders
specific to one individual, provided the court order applies
strict scrutiny following a hearing affording due process of
law to the individual affected; or
(3) Federal, State, and local emergencies where the
governing authority has first formally applied to the President
of the United States of America for a NICE exception, and
provided that the President in his discretion formally
authorizes the requested exception based on the following
criteria proven by the governing authority: (i) compliance with
the procedure in section 5(b) would be materially impractical,
(ii) the requested NICE exception would not materially
interfere with National Security, and (iii) short-term and
long-term side effects from the vaccination, including serious
injuries and deaths, have been proven to occur in less than 1
in 200,000 individuals.
SEC. 6. EVALUATION OF VACCINATED COMPARED TO UNVACCINATED AMERICANS.
(a) The United States Surgeon General shall immediately 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 physicians and scientists, appointed
by the United States Surgeon 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.
(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 studies and epidemiological surveys
of completely unvaccinated persons who have received no vaccines in
life, compared to persons who have received various vaccines under
evaluation. 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 potential therapeutic
medications for diseases for which vaccines have been produced,
including consideration of studies 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.
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