; 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 . II Prohibition of discrimination based on vaccination status A Nondiscrimination in employment 201. Definitions In this section: (1) ADA terms The terms direct threat and undue hardship have the meaning given those terms in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ). (2) Covered entity The term covered entity — (A) has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(n) ); and (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) )