No Vaccine Mandates Act of 2023

Subjects: Crime and Law Enforcement, Cardiovascular and respiratory health, Civil actions and liability, Health, Health information and medical records, Immunology and vaccination, Infectious and parasitic diseases, Right of privacy

Summary:  <p><b>No Vaccine Mandates Act of 2023</b></p> <p>This bill creates a federal statutory framework to govern restrictions and requirements related to COVID-19 vaccinations.</p> <p>First, the bill temporarily prohibits (1) requiring an individual to receive a COVID-19 vaccine, or (2) administering a COVID-19 vaccine to a minor or other individual who lacks the capacity to consent without the consent of a parent or guardian. A violation is subject to criminal penalties.</p> <p>Second, the bill requires any person who administers a COVID-19 vaccine to provide a potential recipient with certain information about the risks associated with the vaccine so the potential recipient can make an informed decision. </p> <p>Third, the bill generally prohibits the public disclosure of an individual's&nbsp;COVID-19&nbsp;vaccination status without express, written consent. A violation is subject to criminal and civil penalties.</p> <p>This bill does not preempt state or local laws that provide greater privacy protection than these provisions. </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 167 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 167

             To prohibit vaccination mandates for COVID-19.


_______________________________________________________________________


                   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 the Judiciary

_______________________________________________________________________

                                 A BILL


 
             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 2023''.

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 
                COVID-19 vaccine, whether such vaccine has received an 
                emergency use authorization pursuant to section 564 of 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360bbb-3), or 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 COVID-19 vaccine described 
                in subparagraph (A)--
                            ``(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.
            ``(3) Sunset.--This subsection is effective beginning on 
        the date of enactment of this section and ending on the date 
        that is 5 years after that date.
    ``(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) Protecting Privacy.--
            ``(1) In general.--Except as provided in subparagraph (B), 
        it shall be unlawful for any person to publicly disclose 
        information about the COVID-19 vaccination status of an 
        individual without the express consent of the individual if the 
        individual provided the information to the person--
                    ``(A) as an employee in the context of an employer-
                employee relationship;
                    ``(B) as an independent contractor where the 
                vaccination status was provided to the person to whom 
                the contractor is providing services;
                    ``(C) as a consumer in the context of any consumer 
                transaction;
                    ``(D) as a patient in order to obtain medical care 
                or health-related services from any health care 
                provider; or
                    ``(E) the user of any technology application, 
                platform, or service.
            ``(2) Requirements.--For purposes of this subsection, an 
        individual does not provide express consent to the disclosure 
        of a COVID-19 vaccination status unless--
                    ``(A) the individual agrees to the circumstances of 
                disclosure in writing; and
                    ``(B) the agreement is not conditioned on or 
                contained within any other agreement.
            ``(3) Exception.--Paragraph (1) shall not apply if the 
        parent or guardian of the individual provides consent to the 
        disclosure described in that subparagraph.
    ``(d) Criminal Penalties.--Whoever knowingly violates subsection 
(a) or (c) shall be imprisoned not more than 1 year, fined in 
accordance with this title, or both.
    ``(e) Civil Penalties.--Any person who receives the COVID-19 
vaccination status of an individual under circumstances that would 
create a reasonable expectation of privacy in that status, including 
the circumstances listed in subparagraphs (A) through (E) of subsection 
(c)(1), and who either intentionally or negligently discloses that 
status to the public without the consent of the individual, shall be 
subject to a civil fine not to exceed $25,000 per disclosure or any 
actual damages suffered.
    ``(f) Preemption.--This section does not annul, alter, or affect 
any law of any State or local government that provides a greater level 
of privacy than the provisions in 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''.
                                 &lt;all&gt;
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