We Will Not Comply Act

I 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 Infra- structure, and Foreign Affairs, for a period to be subsequently deter- mined 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 discrimi- nated against based on their COVID–19 vaccination sta- tus, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘We Will Not Comply 4 Act’’. 5 VerDate Sep 11 2014 23:42 May 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2317.IH H2317 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2317 IH SEC. 2. INTERSTATE COMMERCE. 1 No entity that is subject to title II of the Civil Rights 2 Act of 1964 may discriminate against any person because 3 such person has or has not received a COVID–19 vaccine. 4 SEC. 3. FUNDING RIDERS. 5 (a) IN GENERAL.—No Federal funds may be used 6 to require any individual to receive a COVID–19 vaccine, 7 or to enforce any such requirement. 8 (b) NO CONDITIONS FOR EDUCATIONAL INSTITU- 9 TIONS.— 10 (1) IN GENERAL.—No Federal funds may be 11 made available to any elementary school, secondary 12 school, or institution of higher education if such 13 school or institution requires an individual to receive 14 a COVID–19 vaccine as a condition for attendance 15 or participation in any academic or extra-curricular 16 activity, including sports teams, athletic clubs, or 17 any other voluntary organization. 18 (2) DEFINITIONS.—In this subsection: 19 (A) The terms ‘‘elementary school’’ and 20 ‘‘secondary school’’ have the meanings given 21 those terms in section 8101 of the Elementary 22 and Secondary Education Act of 1965 (20 23 U.S.C. 7801). 24 (B) The term ‘‘institution of higher edu- 25 cation’’ has the meaning given that term in sec- 26 VerDate Sep 11 2014 23:42 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2317.IH H2317 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2317 IH tion 102 of the Higher Education Act of 1965 1 (20 U.S.C. 1002). 2 (c) CLARIFICATION.—No Federal funds may be used 3 to compel an individual who has a religious objection to 4 a vaccine or to vaccination to receive such vaccine or vac- 5 cination. 6 SEC. 4. PRIVATE RIGHT OF ACTION. 7 An individual who has been discriminated against on 8 the basis of the individual’s COVID–19 vaccine status, or 9 the individual’s failure to comply with a requirement to 10 wear a face covering, may bring an action in the appro- 11 priate United States district court seeking damages. 12 SEC. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OB- 13 TAIN GOVERNMENT DOCUMENTS. 14 Notwithstanding any other provision of law, an indi- 15 vidual may not be required to have received a COVID– 16 19 vaccine as a condition for obtaining a United States 17 passport. 18 SEC. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND 19 IMMUNITIES CLAUSE. 20 (a) IN GENERAL.—The Secretary of Transportation, 21 acting through the Administrator of the Federal Aviation 22 Administration, shall prohibit air carriers and foreign air 23 carriers (as such terms are defined in section 40102(a) 24 of title 49, United States Code) from denying an indi- 25 VerDate Sep 11 2014 23:42 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2317.IH H2317 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2317 IH vidual air transportation solely because such individual 1 has not been vaccinated against COVID–19. 2 (b) RULE OF CONSTRUCTION.—This section does not 3 prohibit the United States Government from requiring 4 that aliens receive a COVID–19 vaccine before entering 5 the United States. 6 SEC. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. 7 (a) IN GENERAL.—No public school or public college 8 (as such terms are defined in section 401 of the Civil 9 Rights Act of 1964 (42 U.S.C. 2000c) may deny an indi- 10 vidual access to the school or college based on whether 11 the individual has received a vaccine, including a vaccine 12 for COVID–19. 13 (b) ENFORCEMENT BY THE ATTORNEY GENERAL.— 14 The Attorney General may enforce this section in the same 15 manner as title IV of the Civil Rights Act of 1964 (42 16 U.S.C. 2000c et seq.). 17 SEC. 8. SENSE OF CONGRESS. 18 It is the sense of Congress that Jacobson v. Massa- 19 chusetts (197 U.S. 11; 1905) should be overturned. 20 Æ VerDate Sep 11 2014 23:42 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2317.IH H2317 kjohnson on DSK79L0C42PROD with BILLS