We Will Not Comply Act

To provide that United States citizens may not be discriminated against based on their COVID–19 vaccination status, and for other purposes. 1. Short title This Act may be cited as the We Will Not Comply Act 2. Interstate commerce No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID–19 vaccine. 3. Funding riders (a) In general No Federal funds may be used to require any individual to receive a COVID–19 vaccine, or to enforce any such requirement. (b) No conditions for educational institutions (1) In general No Federal funds may be made available to any elementary school, secondary school, or institution of higher education if such school or institution requires an individual to receive a COVID–19 vaccine as a condition for attendance or participation in any academic or extra-curricular activity, including sports teams, athletic clubs, or any other voluntary organization. (2) Definitions In this subsection: (A) The terms elementary school secondary school 20 U.S.C. 7801 (B) The term institution of higher education 20 U.S.C. 1002 (c) Clarification No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. 4. Private right of action An individual who has been discriminated against on the basis of the individual’s COVID–19 vaccine status, or the individual’s failure to comply with a requirement to wear a face covering, may bring an action in the appropriate United States district court seeking damages. 5. Prohibition on Vaccine Requirements to Obtain Government Documents Notwithstanding any other provision of law, an individual may not be required to have received a COVID–19 vaccine as a condition for obtaining a United States passport. 6. Interstate Travel Under the Privileges and Immunities Clause (a) In general The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID–19. (b) Rule of construction This section does not prohibit the United States Government from requiring that aliens receive a COVID–19 vaccine before entering the United States. 7. Civil rights and educational opportunities (a) In general No public school or public college (as such terms are defined in section 401 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c (b) Enforcement by the Attorney General The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c 8. Sense of Congress It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned.

Summary: We Will Not Comply Act This bill prohibits discrimination based on an individual's COVID-19 vaccination status. Specifically, the bill bars certain commercial businesses from discriminating on the basis of an individual's COVID-19 vaccination status. In addition, the bill generally prohibits using federal funds to establish or enforce COVID-19 vaccination requirements. Further, federal funds may not be used to compel an individual with a religious objection to vaccinations to receive a vaccine. The bill also prohibits federal funding of educational institutions that require an individual to receive a COVID-19 vaccine to participate in academic or extracurricular activities. Additionally, a public school or public college may not deny access to the school or college based on whether an individual has received a vaccine, including the COVID-19 vaccine. Furthermore, air carriers may not deny an individual access to air transportation solely on the basis of COVID-19 vaccination status. The bill also prohibits proof of a COVID-19 vaccine as a condition of receiving a U.S. passport. The bill establishes a private right of action for individuals who have been discriminated against based on COVID-19 vaccine status or failure to comply with a requirement to wear a face covering.