MINAJ Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2631 To prohibit the Federal Government from imposing any mandate requiring an individual to receive a vaccine that has not been authorized for marketing for at least 10 years, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 17, 2023 Mr. SANTOS introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Federal Government from imposing any man- date requiring an individual to receive a vaccine that has not been authorized for marketing for at least 10 years, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Medical Information 4 Nuanced Accountability Judgement Act of 2023’’ or the 5 ‘‘MINAJ Act of 2023’’. 6 VerDate Sep 11 2014 22:40 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2631.IH H2631 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2631 IH SEC. 2. PROHIBITION AGAINST VACCINE MANDATES PRIOR 1 TO MARKETING APPROVAL FOR AT LEAST 10 2 YEARS. 3 (a) PROHIBITION.—The Federal Government shall 4 not establish, implement, or enforce any mandate requir- 5 ing an individual to receive a vaccine that has not been 6 authorized for marketing for at least 10 years. 7 (b) PUBLIC HEALTH EMERGENCY EXCEPTION.— 8 Subsection (a) does not apply if— 9 (1) the mandate is intended to prevent or miti- 10 gate a disease with respect to which a public health 11 emergency declaration is in effect; and 12 (2) the Federal department or agency seeking 13 to impose the mandate— 14 (A) submits a report to the appropriate 15 committees of Congress— 16 (i) giving notice of the intent to im- 17 pose the mandate; and 18 (ii) including all data in the posses- 19 sion of the department or agency on the 20 safety and efficacy of the vaccine involved; 21 and 22 (B) gives the appropriate committees of 23 Congress a sufficient period to conduct exten- 24 sive review of the matters in such report. 25 VerDate Sep 11 2014 22:40 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2631.IH H2631 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2631 IH (c) SUFFICIENT PERIOD OF TIME.—For purposes of 1 subsection (b)(2)(B), a sufficient period shall be the lesser 2 of— 3 (1) 3 months; and 4 (2) the period over which the appropriate com- 5 mittees of Congress each complete three hearings on 6 the matters in the report submitted under subsection 7 (b)(2)(A). 8 (d) DEFINITIONS.—In this section: 9 (1) The term ‘‘appropriate committees of Con- 10 gress’’ means— 11 (A) the Committee on Energy and Com- 12 merce of the House of Representatives; and 13 (B) the Committee on Health, Education, 14 Labor, and Pensions of the Senate. 15 (2) The term ‘‘authorized for marketing’’ 16 means licensed, approved, or authorized under— 17 (A) section 351 of the Public Health Serv- 18 ice Act (42 U.S.C. 262); or 19 (B) section 505 or 564 of the Federal 20 Food, Drug, and Cosmetic Act (21 U.S.C. 355, 21 360bbb–3). 22 (3) The term ‘‘mandate’’ includes any condition 23 imposed on— 24 (A) hiring or employment; or 25 VerDate Sep 11 2014 22:40 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2631.IH H2631 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2631 IH (B) the receipt of a service or benefit. 1 (4) The term ‘‘public health emergency declara- 2 tion’’ means a public health emergency declaration 3 under section 319 of the Public Health Service Act 4 (42 U.S.C. 247d). 5 Æ VerDate Sep 11 2014 22:40 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2631.IH H2631 pbinns on DSKJLVW7X2PROD with $$_JOB