MINAJ Act of 2023

Medical Information Nuanced Accountability Judgement Act of 2023 or the MINAJ Act of 2023

This bill generally prohibits federal agencies from requiring an individual to receive a vaccine unless the required vaccine has been approved or authorized by the Food and Drug Administration for at least 10 years.

During a declared public health emergency, however, a federal agency may require that individuals receive a vaccine with fewer years of approval or authorization if the agency provides Congress with (1) adequate notice of the requirement, (2) data about the safety and efficacy of the required vaccine, and (3) sufficient time to review the data and deliberate about the requirement. Under the bill, sufficient time for review and deliberation is the lesser of three months or the period of time during which the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions each complete three hearings related to matters in the report.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2631 Introduced in House (IH)]

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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 mandate 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Information Nuanced 
Accountability Judgement Act of 2023'' or the ``MINAJ Act of 2023''.

SEC. 2. PROHIBITION AGAINST VACCINE MANDATES PRIOR TO MARKETING 
              APPROVAL FOR AT LEAST 10 YEARS.

    (a) Prohibition.--The Federal Government shall not establish, 
implement, or enforce any mandate requiring an individual to receive a 
vaccine that has not been authorized for marketing for at least 10 
years.
    (b) Public Health Emergency Exception.--Subsection (a) does not 
apply if--
            (1) the mandate is intended to prevent or mitigate a 
        disease with respect to which a public health emergency 
        declaration is in effect; and
            (2) the Federal department or agency seeking to impose the 
        mandate--
                    (A) submits a report to the appropriate committees 
                of Congress--
                            (i) giving notice of the intent to impose 
                        the mandate; and
                            (ii) including all data in the possession 
                        of the department or agency on the safety and 
                        efficacy of the vaccine involved; and
                    (B) gives the appropriate committees of Congress a 
                sufficient period to conduct extensive review of the 
                matters in such report.
    (c) Sufficient Period of Time.--For purposes of subsection 
(b)(2)(B), a sufficient period shall be the lesser of--
            (1) 3 months; and
            (2) the period over which the appropriate committees of 
        Congress each complete three hearings on the matters in the 
        report submitted under subsection (b)(2)(A).
    (d) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate.
            (2) The term ``authorized for marketing'' means licensed, 
        approved, or authorized under--
                    (A) section 351 of the Public Health Service Act 
                (42 U.S.C. 262); or
                    (B) section 505 or 564 of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 355, 360bbb-3).
            (3) The term ``mandate'' includes any condition imposed 
        on--
                    (A) hiring or employment; or
                    (B) the receipt of a service or benefit.
            (4) The term ``public health emergency declaration'' means 
        a public health emergency declaration under section 319 of the 
        Public Health Service Act (42 U.S.C. 247d).
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