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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
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.
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Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.