No Vaccine Mandates Act of 2023

“117A Vaccinations

“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.”