What This Bill Does
This bill makes it illegal to require any American to receive a COVID-19 vaccine. It also makes it illegal to publicly share someone's COVID-19 vaccination status without their permission. The bill adds new criminal and civil penalties for violations.
Who It Affects
Any person or organization that could require a vaccine or share vaccination information, including employers, healthcare providers, businesses, technology platforms and services. People who receive vaccines and individuals whose vaccination status information is disclosed.
Key Provisions
• It becomes unlawful to require any U.S. person to receive a COVID-19 vaccine, except with their consent (or their parent's or guardian's consent if they are a minor or cannot make medical decisions) (Sec. 2(a)(1) and (2))
• Anyone who gives a COVID-19 vaccine must tell the person about vaccine risks before vaccinating them so they can make an informed choice (Sec. 2(b))
• It becomes unlawful to publicly share someone's COVID-19 vaccination status without their written permission if they gave that information in work, medical, business or other professional settings (Sec. 2(c)(1))
• A person can only give written consent to share their vaccination status if the agreement is separate and not part of any other contract (Sec. 2(c)(2))
• Violating these rules can result in up to 1 year in prison or fines (Sec. 2(d)) or civil fines up to $25,000 per disclosure (Sec. 2(e))
What Changes
Federal law will prohibit vaccine mandates for COVID-19. People cannot be forced to share their vaccination status in employment, medical, or consumer situations without giving separate written permission. States and local governments can keep privacy laws that protect people more than this bill does.
Important Definitions
None defined in bill text.
Effective Date
The vaccine mandate prohibition begins on the date this bill becomes law and ends 5 years after that date (Sec. 2(a)(3)).
II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Vaccine Mandates
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Act of 2023’’.
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SEC. 2. VACCINATIONS.
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(a) IN GENERAL.—Part I of title 18, United States
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Code, is amended by inserting after chapter 117 the fol-
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lowing:
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‘‘CHAPTER 117A—VACCINATIONS
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‘‘§ 2431. Vaccinations
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‘‘(a) REQUIREMENTS.—
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•S 167 IS
‘‘(1) IN GENERAL.—Except as provided in para-
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graph (2), it shall be unlawful to—
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‘‘(A) require any United States person to
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receive a COVID–19 vaccine, whether such vac-
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cine has received an emergency use authoriza-
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tion pursuant to section 564 of the Federal
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Food, Drug, and Cosmetic Act (21 U.S.C.
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360bbb–3), or approval or licensure under sec-
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tion 505 of the Federal Food, Drug, and Cos-
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metic Act (21 U.S.C. 355) or section 351 of the
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Public Health Service Act (42 U.S.C. 262); or
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‘‘(B) vaccinate with a COVID–19 vaccine
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described in subparagraph (A)—
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‘‘(i) an individual under the age of 18;
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or
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‘‘(ii) an individual that lacks the ca-
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pacity to exercise the right to consent to be
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vaccinated.
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‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
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apply if the individual, or if the individual is a minor
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or is otherwise unable to consent, a parent, guard-
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ian, conservator, or attorney-in-fact of the indi-
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vidual, provides consent to be vaccinated.
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•S 167 IS
‘‘(3) SUNSET.—This subsection is effective be-
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ginning on the date of enactment of this section and
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ending on the date that is 5 years after that date.
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‘‘(b) RIGHT TO BE INFORMED.—Any person that ad-
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ministers a vaccine for the coronavirus disease 2019
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(COVID–19) shall, consistent with medical ethics and ap-
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plicable informed consent laws of the State in which the
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vaccine is administered and any applicable Federal regula-
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tions related to informed consent laws, disclose to any in-
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dividual, before the vaccine is administered, the risks asso-
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ciated with the vaccine so that the individual can make
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an informed decision.
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‘‘(c) PROTECTING PRIVACY.—
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‘‘(1) IN GENERAL.—Except as provided in sub-
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paragraph (B), it shall be unlawful for any person
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to publicly disclose information about the COVID–
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19 vaccination status of an individual without the
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express consent of the individual if the individual
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provided the information to the person—
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‘‘(A) as an employee in the context of an
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employer-employee relationship;
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‘‘(B) as an independent contractor where
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the vaccination status was provided to the per-
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son to whom the contractor is providing serv-
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ices;
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•S 167 IS
‘‘(C) as a consumer in the context of any
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consumer transaction;
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‘‘(D) as a patient in order to obtain med-
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ical care or health-related services from any
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health care provider; or
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‘‘(E) the user of any technology applica-
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tion, platform, or service.
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‘‘(2) REQUIREMENTS.—For purposes of this
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subsection, an individual does not provide express
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consent to the disclosure of a COVID–19 vaccination
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status unless—
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‘‘(A) the individual agrees to the cir-
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cumstances of disclosure in writing; and
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‘‘(B) the agreement is not conditioned on
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or contained within any other agreement.
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‘‘(3) EXCEPTION.—Paragraph (1) shall not
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apply if the parent or guardian of the individual pro-
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vides consent to the disclosure described in that sub-
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paragraph.
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‘‘(d) CRIMINAL
PENALTIES.—Whoever knowingly
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violates subsection (a) or (c) shall be imprisoned not more
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than 1 year, fined in accordance with this title, or both.
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‘‘(e) CIVIL PENALTIES.—Any person who receives the
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COVID–19 vaccination status of an individual under cir-
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cumstances that would create a reasonable expectation of
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•S 167 IS
privacy in that status, including the circumstances listed
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in subparagraphs (A) through (E) of subsection (c)(1),
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and who either intentionally or negligently discloses that
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status to the public without the consent of the individual,
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shall be subject to a civil fine not to exceed $25,000 per
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disclosure or any actual damages suffered.
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‘‘(f) PREEMPTION.—This section does not annul,
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alter, or affect any law of any State or local government
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that provides a greater level of privacy than the provisions
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in this section.’’.
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(b) TECHNICAL AND CONFORMING AMENDMENT.—
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The table of chapters for part I of title 18, United States
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Code, is amended by inserting after the item relating to
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section 117 the following:
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‘‘117A. Vaccinations ......................................................................... 2431’’.
Æ
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