Title: We Will Not Comply Act
Policy area: Health

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2317 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2317

To provide that United States citizens may not be discriminated against 
  based on their COVID-19 vaccination status, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2021

    Mrs. Greene of Georgia introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Energy and Commerce, Education and Labor, Transportation 
      and Infrastructure, and Foreign Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide that United States citizens may not be discriminated against 
  based on their COVID-19 vaccination status, 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 ``We Will Not Comply Act''.

SEC. 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.

SEC. 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'' and ``secondary 
                school'' have the meanings given those terms in section 
                8101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801).
                    (B) The term ``institution of higher education'' 
                has the meaning given that term in section 102 of the 
                Higher Education Act of 1965 (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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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) may deny an individual access to the school or college based on 
whether the individual has received a vaccine, including a vaccine for 
COVID-19.
    (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 et seq.).

SEC. 8. SENSE OF CONGRESS.

    It is the sense of Congress that Jacobson v. Massachusetts (197 
U.S. 11; 1905) should be overturned.
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