Project Description

120TH CONGRESS
1ST SESSION
H. R. ____

To provide accountability for harms connected to COVID–19 vaccines and related public
health directives, to restore medical autonomy and freedom of expression, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

Ms. Montiel introduced the following bill; which was referred to the Committee on

____________________
A BILL

To provide accountability for harms connected to COVID–19 vaccines and related
public health directives, to restore medical autonomy and freedom of expression, 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 “COVID Accountability Act”.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings. Congress finds that:
(1) broad grants of liability immunity and emergency powers during the COVID–19
pandemic substantially curtailed traditional avenues of redress and bodily autonomy for
many Americans;
(2) mandates related to vaccination, masking, and other medical interventions
imposed conditions on employment, education, military service, and access to medical
care;
(3) government actors have, in certain instances, pressured or coordinated with media
and online platforms to suppress or censor lawful speech, including speech concerning
COVID-19 policies and vaccines; and
(4) transparency and accountability are essential to maintaining public trust in
medicine, science, and government.
(b) Purpose: The purposes of this Act are
(1) to restore the right of injured persons to seek redress for harms arising from
COVID-19 vaccines;

(2) to prohibit coercive mandates concerning masking and medical interventions by
government actors;
(3) to protect members of the Armed Forces from adverse actions based solely on
acceptance or refusal of medical interventions;
(4) to prohibit denial of medical treatment based on a patient’s decision to accept or
decline a medical intervention;
(5) to prohibit government-induced censorship of lawful speech by American
citizens; and
(6) to ensure full public transparency of data related to COVID-19 vaccines.
SEC. 3. DEFINITIONS.
In this Act:
(1) COVID–19 vaccine. The term “COVID–19 vaccine” means any vaccine, booster,
or similar product authorized, approved, licensed, or permitted for use in the United
States for the prevention or mitigation of disease caused by the SARS–CoV–2 virus or its
variants.
(2) Manufacturer. The term “manufacturer” means any entity that researches,
develops, tests, manufactures, or distributes a COVID–19 vaccine.
(3) Medical intervention. The term “medical intervention” means any vaccination,
injection, pharmaceutical product, medical device, or other invasive medical procedure.
(4) Government actor, The term “government actor” means:
(A) any officer, employee, or agent of the United States, any State, territory, tribal
government, or political subdivision thereof; or
(B) any person acting under color of law or under contract with any such entity in a
capacity involving regulatory, law enforcement, advisory, or similar governmental
functions.
(5) Online platform, the term “online platform” means any website, application, or
service that hosts user-generated content and is accessible to the public or to a substantial
portion of the public.
(6) Mask mandate, the term “mask mandate” means any rule, order, regulation,
requirement, or condition that requires a person to wear a face covering, respirator, or
mask as a condition of access to employment, education, transportation, medical care, or
public accommodation.
SEC. 4. LIFTING OF LIABILITY IMMUNITY FOR COVID–19 VACCINES.
(a) Retroactive removal of immunity. Notwithstanding any other provision of law,
including the Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C.
247d–6d, any declaration or order issued thereunder, or any similar Federal statute, rule,
or order:

(1) No manufacturer, distributor, administrator, or other person shall have immunity
from civil liability in any Federal or State court for death, personal injury, or other harm
arising from the design, development, testing, manufacture, distribution, labeling,
marketing, or administration of any COVID–19 vaccine administered on or after
December 1, 2020.
(2) Any past grant of immunity for such conduct is hereby repealed and rendered
void, solely with respect to causes of action arising from COVID–19 vaccines
administered on or after December 1, 2020.
(b) No preemption of stricter State protections. Nothing in this section shall preempt
any State law that provides greater rights or remedies to injured persons.
SEC. 5. PROHIBITION ON FURTHER USE OF COVID–19 VACCINES.
(a) Immediate prohibition. Effective on the date of enactment of this Act, no
manufacturer, distributor, health care provider, pharmacy, or other person may;
(1) administer any COVID-19 vaccine to any person within the jurisdiction of the
United States; or
(2) distribute, ship, or dispense any COVID–19 vaccine for administration within the
jurisdiction of the United States,
except as expressly permitted under subsection (b).
(b) Exception for non-interventional research. The Secretary of Health and Human
Services may permit the controlled use of stored COVID–19 vaccine doses solely for
non-interventional laboratory or observational research, provided that no person is
injected with such products.
SEC. 6. LIMITATIONS ON MASK MANDATES BY THE FEDERAL
GOVERNMENT AND CONDITIONS ON FEDERAL FUNDS.
(a) Prohibition on Federal mask mandates. Notwithstanding any other provision of
law, no department, agency, or instrumentality of the United States shall require any
individual to wear a mask, respirator, or other face covering as a condition of entry into,
presence in, employment in, or receipt of services from any building, installation, land, or
conveyance owned, leased, or operated by the United States.
(b) Exceptions. Subsection (a) shall not be construed to prohibit;
(1) the use of personal protective equipment required as part of task-specific
occupational safety protocols for Federal employees or contractors whose work involves
exposure to clearly identified environmental, industrial, or laboratory hazards; or
(2) compliance with infection-control standards in surgical suites, isolation rooms, or
similar clinical settings where mask usage is part of longstanding, generally accepted
medical practice and is applied without regard to a person’s vaccination status or
viewpoints on public health policy.

(c) Conditions on Federal public health and emergency-preparedness funds to States.
(1) As a condition of receiving certain discretionary Federal funds for public health
emergency preparedness, pandemic response, and communicable disease control
programs administered by the Department of Health and Human Services, each State,
territory, and the District of Columbia shall agree that it will not, after the date of
enactment of this Act, impose or enforce any mask mandate applicable to the general
public, except as provided in paragraph (3).
(2) If a State, territory, or the District of Columbia imposes or enforces a mask
mandate in violation of paragraph (1), the Secretary of Health and Human Services shall,
to the maximum extent permitted under existing statutory authority, reduce, withhold, or
recoup Federal financial assistance under the programs described in paragraph (1) in an
amount not to exceed the maximum reduction or withholding authorized by the statute
governing each affected program.
(3) Nothing in this subsection shall prohibit a State, territory, or the District of
Columbia from
(A) recommending voluntary mask use; or
(B) adopting narrowly tailored mask requirements limited to specific, high-risk
clinical settings where masking is part of longstanding, generally accepted medical
practice and is applied without regard to vaccination status or viewpoints on public health
policy.
(d) No private mandate preemption. Nothing in this section shall be construed to
prohibit private individuals, businesses, or organizations from adopting voluntary mask
policies for their own premises, provided that such policies are not required or coerced by
a government actor.
SEC. 7. PROTECTION OF MEDICAL AUTONOMY FOR MEMBERS OF THE
ARMED FORCES.
(a) General rule. Pursuant to Article I, section 8 of the Constitution, and
notwithstanding any other provision of law, no member of the Armed Forces, including
the reserve components and the National Guard when in Federal service, shall be;
(1) separated, discharged, or dismissed;
(2) demoted or denied promotion;
(3) denied training, assignment, deployment, or commissioning opportunities;
(4) denied pay, benefits, retirement credit, or educational benefits; or
(5) otherwise subjected to adverse personnel action,
solely on the basis of the member’s acceptance or refusal of a medical intervention.
(b) Clarification of scope.
(1) Nothing in this section shall be construed to prevent the Armed Forces from

(A) evaluating the medical fitness of members for specific duties, deployments, or
assignments based on objective medical conditions and operational requirements; or
(B) providing counseling, education, or voluntary recommendations regarding
medical interventions.
(2) Any policy, regulation, order, or directive that makes acceptance of a specific
medical intervention a condition of continued service or assignment shall not be used as
the sole basis for adverse personnel action unless expressly authorized by a subsequent
Act of Congress.
(c) Voidness of contrary actions. Any policy, regulation, order, or directive
inconsistent with subsection (a) is hereby declared to be of no force or effect as of the
date of enactment of this Act, and no adverse personnel action taken solely on the basis
described in subsection (a) on or after such date shall be lawful.
(d) Remedies.
(1) A member of the Armed Forces who suffers an adverse personnel action in
violation of this section shall be entitled to
(A) reinstatement to the member’s prior grade, status, and position, where practicable;
(B) restoration of back pay and allowances;
(C) correction of military records; and
(D) reasonable attorney’s fees and costs.
(2) Nothing in this subsection shall limit any other remedy available under law.
SEC. 8. DENIAL OF MEDICAL TREATMENT BASED ON ACCEPTANCE OR
REFUSAL OF MEDICAL INTERVENTION.
(a) Definitions. In this section:
(1) Covered medical choice. The term “covered medical choice” means a patient’s
acceptance or refusal of a medical intervention, including but not limited to any
vaccination, injection, or pharmaceutical product, such as a COVID–19 vaccine.
(2) Medically necessary treatment. The term “medically necessary treatment” means
surgery, procedure, or medical treatment that a reasonably prudent physician, practicing
within the same specialty and under similar circumstances, would regard as necessary to
prevent, diagnose, or treat a serious illness, injury, or condition, consistent with generally
accepted standards of care.
(b) Criminal offense.
(1) Base offense. Any physician licensed in any State or territory who, while acting in
or affecting interstate commerce or in any health care facility that receives Federal funds,
knowingly and intentionally denies, delays, or withholds medically necessary treatment
from a patient solely because of the patient’s covered medical choice, commits a Class B
felony under Federal law.

(2) Enhanced offense. If death of the patient directly and proximately results from
conduct described in paragraph (1), such conduct shall be punishable as a Class A felony
under Federal law.
(3) Good-faith medical judgment safe harbor. It shall be an affirmative defense to
prosecution under this subsection that the physician, in good-faith clinical judgment and
consistent with generally accepted standards of care, reasonably believed that providing
the requested treatment would pose a substantial and unjustifiable risk to the patient’s
health, and that the denial or delay of treatment was based on that medical judgment
rather than on the patient’s covered medical choice.
(c) Civil cause of action.
(1) Any patient, or the personal representative of a deceased patient, who is denied,
delayed, or withheld medically necessary treatment in violation of subsection (b)(1) may
bring a civil action in any court of competent jurisdiction against
(A) the physician; and
(B) any hospital, clinic, or health system that employs or contracts with such
physician or that maintains policies causing or permitting such denial.
(2) Relief. Available relief shall include
(A) compensatory damages (including physical, economic, and emotional harms);
(B) punitive damages where permitted by law;
(C) injunctive and declaratory relief; and
(D) reasonable attorney’s fees and costs.
(d) No defense based on guidelines or mandates. It shall not be a defense in any
criminal or civil proceeding under this section that the denial, delay, or withholding of
medically necessary treatment was based on
(1) institutional policies or professional guidelines that condition access to treatment
on a patient’s covered medical choice; or
(2) Federal, State, or local mandates, recommendations, or guidance concerning
vaccination status or other medical interventions,
if the trier of fact finds that the patient was otherwise medically eligible for the
treatment under generally accepted standards of care.
SEC. 9. PROHIBITION ON GOVERNMENT-INDUCED CENSORSHIP OF
ONLINE SPEECH.
(a) Offense.
(1) Any government actor who knowingly pressures, coerces, threatens, or colludes
with an online platform, or any officer or employee thereof, with the purpose and effect
of causing such platform to censor, suppress, deplatform, shadow-ban, label, or otherwise
restrict lawful speech of an American citizen based on the viewpoint, content, or speaker
identity, commits a Class A misdemeanor under Federal law.

(2) Each person whose speech is so targeted shall constitute a separate offense.
(b) Penalty. A person convicted under this section shall be fined under title 18, United
States Code, or imprisoned for not more than 1 year, or both.
(c) Civil remedy.
(1) Any United States citizen whose lawful online speech is restricted as a result of
conduct described in subsection (a) may bring a civil action against the responsible
government actor in any court of competent jurisdiction.
(2) Relief shall include
(A) actual damages (or statutory damages of not less than $10,000 per violation);
(B) punitive damages where permitted by law;
(C) injunctive and declaratory relief; and
(D) reasonable attorney’s fees and costs.
(d) No defense based on misinformation labeling. It shall not be a defense that the
government actor believed the targeted speech to be “misinformation,” “disinformation,”
or “malinformation,” absent a judicial determination that the speech fell outside First
Amendment protection.
SEC. 10. MANDATORY DISCLOSURE OF COVID–19 VACCINE DATA.
(a) Public disclosure requirement.
(1) Each manufacturer that has researched, developed, tested, manufactured, or
distributed a COVID-19 vaccine for use in the United States shall, within 15 days after
the date of enactment of this Act, make publicly available, without paywall or access
restriction, the following:
(A) All clinical trial protocols, data sets, and analyses (including raw anonymized
data) related to such vaccines;
(B) All post-marketing safety data, including adverse event reports,
pharmacovigilance data, and internal safety assessments;
(C) All material communications with the Food and Drug Administration, Centers for
Disease Control and Prevention, National Institutes of Health, or other Federal health
agencies concerning safety, efficacy, or authorization of such vaccines; and
(D) All internal reports, memoranda, and risk–benefit analyses substantially related to
known or suspected adverse events.
(2) Personally identifiable patient information shall be removed or anonymized
consistent with applicable privacy law.
(b) Civil penalties for noncompliance.
(1) Any manufacturer that fails to comply with subsection (a) within 15 days of the
date of enactment shall be liable for a civil penalty of not less than $50,000,000, plus an

additional $1,000,000 for each day of continuing noncompliance, to be assessed by the
Attorney General and recoverable in a civil action.
(2) Civil penalties collected under this section shall be deposited into a fund
established by the Secretary of the Treasury to compensate individuals injured by
COVID–19 vaccines.
(c) Criminal liability for willful noncompliance.
(1) Any officer or director of a manufacturer who knowingly and willfully directs,
causes, or authorizes noncompliance with subsection (a) for a period exceeding 30 days
after written notice from the Attorney General commits a Class C felony under Federal
law.
(2) Penalty: a fine under title 18, United States Code, or imprisonment for not more
than 10 years, or both.
(d) Private right of action. Any person alleging injury from a COVID–19 vaccine may
bring a civil action to compel specific performance of the disclosure requirements under
this section, and may recover reasonable attorney’s fees and costs if successful.
SEC. 11. SEVERABILITY.
If any provision of this Act, or the application thereof to any person or circumstance,
is held invalid, the remainder of this Act, and the application of such provision to other
persons or circumstances, shall not be affected.
SEC. 12. EFFECTIVE DATE.
Except as otherwise provided, this Act shall take effect on the date of its enactment.