Fairness for All Act
This bill prohibits discrimination on the basis of sex, sexual orientation, or gender identity, while providing certain benefits and exemptions to religious providers.
An otherwise qualified religious provider shall be eligible to receive federal financial assistance for a particular service without regard to the provider's religious views or teachings.
The bill expands the definition of public accommodation to which sex discrimination laws apply, including to cover providers of financial services, medical services, and providers of transportation services. Exceptions from these sex discrimination prohibitions are made for (1) religious camps or religious retreat centers unless they also discriminate based on race, color, or national origin; and (2) providers of funeral services or burial plots that primarily limit their services or facilities to those of a particular religion unless the provider discriminates based on those factors.
Agencies authorized to administer federal financial assistance for the support of adoption and foster care services shall issue final rules within two years of this bill's enactment to create an indirect funding program that delivers such assistance to eligible prospective parents for the purpose of obtaining adoption and foster care services through a qualified private agency that they select.
The bill (1) exempts a church or religious organization from claims of employment discrimination because of sexual orientation or gender identity under specified circumstances; and (2) prohibits sanctions for certain employee speech regarding the employee's religious, political, or moral beliefs in the workplace.
The bill establishes certain anti-bullying policies for public elementary and secondary schools, including cyber bullying.
Any determination of the tax-exempt status of a charitable organization shall be made without regard to the organization's religious beliefs or practices concerning marriage, family, or sexuality, except insofar as such practices pertain to race or criminal sexual offenses punishable under constitutionally valid federal or state law.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1440 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1440
To prohibit discrimination on the basis of sex, sexual orientation, and
gender identity; and to protect the free exercise of religion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2021
Mr. Stewart (for himself, Mr. Kinzinger, Mr. Garbarino, Mr. Moore of
Utah, Mr. Fitzpatrick, Mr. Owens, Mr. Gimenez, Mr. Jacobs of New York,
Ms. Tenney, Ms. Stefanik, Mr. Upton, Mr. Van Drew, Miss Gonzalez-Colon,
Mr. Curtis, Ms. Salazar, Mr. Diaz-Balart, Mr. Amodei, Mr. Simpson, Ms.
Malliotakis, Mr. Stivers, and Mr. Reed) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Education and Labor, Oversight and Reform, House
Administration, Financial Services, and Ways and Means, 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 prohibit discrimination on the basis of sex, sexual orientation, and
gender identity; and to protect the free exercise of religion.
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 ``Fairness for All Act''.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR SEGREGATION IN PLACES OF
PUBLIC ACCOMMODATION.
Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is
amended--
(1) in subsection (a), by inserting ``sex, sexual
orientation, gender identity,'' before ``or national origin'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(10);
(C) by inserting after paragraph (3) the following:
``(4) any place of exercise, recreation, or amusement, except
religious camps or religious retreat centers unless such camps or
retreat centers discriminate because of race, color, or national
origin;
``(5) any provider of financial services, including banks, credit
unions, mortgage houses, brokers, and financial planners;
``(6) for the purpose of classifications enumerated in subsection
(a) and not described by section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116(a))--
``(A) any provider of medical services. It shall not
constitute a violation of this title to provide a service,
treatment, therapy, procedure, or drug on the same medical
terms or criteria applicable to individuals needing that
service, treatment, therapy, procedure or drug, without regard
to protected class status;
``(B) any provider of mental health care, except that this
section shall not apply when the primary objective is to assist
a person in entering or sustaining a marriage, so long as the
provider coordinates a referral of the client to another
qualified mental health care provider who will provide the
needed service and the client is not in imminent danger of
harming self or others;
``(C) nothing in subparagraph (B) shall apply to a priest,
pastor, rabbi, imam, or minister of any faith while acting
substantially in a ministerial capacity; and
``(D) a provider of medical services covered by
subparagraph (A) or a provider of mental health care covered by
subparagraph (B) may make evidence-based medical determinations
and may refer patients when necessary for a patient's best
interests and welfare, including professional expertise;
``(7) any place of or provider of transportation services;
``(8) any provider of funeral services or burial plots, except
those that primarily limit their services or facilities to those of a
particular religion, unless such provider discriminates because of
race, color, or national origin;
``(9) any store, shopping center, or online retailer or provider of
online services that has 15 or more employees for each working day in
each of 20 or more calendar weeks in the current or preceding calendar
year. This employee threshold shall not apply to a claim of
discrimination because of race, color, or national origin or to a place
of public accommodation covered under paragraphs (1) through (8);'';
and
(D) by inserting after paragraph (10) the
following:
``(11)(A) The provisions of this title shall not apply to--
``(i) any building or collection of buildings that
is used primarily as a denominational headquarters,
church administrative office, or church conference
center;
``(ii) a place of worship, such as a church,
synagogue, mosque, chapel, and its appurtenant
properties used primarily for religious purposes;
``(iii) a religious educational institution and its
appurtenant properties used primarily for religious
purposes;
``(iv) in connection with a religious celebration
or exercise: a facility that is supervised by a priest,
pastor, rabbi, imam, or minister of any faith, or
religious certifying body, and that is principally
engaged in providing food and beverages in compliance
with religious dietary requirements; or
``(v) any online operations or activities of an
organization exempt under this section.
``(B) The following shall not be a place of public
accommodation, even if used for a commercial purpose, except
within the area and during the time that the property or
facility is open to the public; operated primarily for a
commercial purpose; and not primarily related to the
inculcation, promotion, or expression of religion--
``(i) other appurtenant properties or facilities
owned or operated by a church, by another house of
worship, or by a religious educational institution; or
``(ii) a property owned or operated primarily for
noncommercial purposes by a nonprofit religious
corporation that holds itself out to the public as
substantially religious, has as its stated purpose in
its organic documents that it is religious, and is
substantially religious in its current operations.
``(C) Subparagraphs (A) and (B) shall not apply to a person
or entity that discriminates because of race, color, or
national origin with respect to a property or facility
enumerated in subparagraph (A) or (B).
``(12) Provided that equivalent treatment, services,
facilities, and benefits are made available and without
prejudicing rights or protections based on any other protected
class status--
``(A) nothing in this title that refers to `sex'
shall be construed to prevent a fitness center, spa, or
similar place, whose services or facilities are
intended for the exclusive use of persons of the same
sex, from providing the use of those services or
facilities exclusively to persons of that sex or
prohibit a place of public accommodation from
temporarily restricting access to a fitness center,
spa, pool, or similar place, according to sex; and
``(B) a place of public accommodation shall
reasonably accommodate a patron who requests greater
privacy within a facility intended for the exclusive
use of persons of the same sex.
``(13) Nothing in this title shall be construed to require
or prohibit any person, or public or private entity, to provide
or pay for any benefit or service, including the use of
facilities, related to an abortion. Nothing in this title shall
be construed to permit a penalty to be imposed on any person or
any individual because such person or individual is seeking or
has received any benefit or service related to a legal
abortion.''; and
(3) by adding at the end of subsection (e) the following:
``(f) Definitions.--For purposes of this title:
``(1) The term `gender identity' means the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, without regard to the
individual's designated sex at birth. A person's gender
identity can be shown by providing evidence, including medical
history, care or treatment of the gender identity, consistent
and uniform assertion of the gender identity, or other evidence
that the gender identity is sincerely held, part of a person's
core identity, and not being asserted for an improper purpose.
``(2) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(3) The term `online retailer or provider of online
services' means a web page by a commercial business not
enumerated in paragraph (11) that invites the general public to
purchase a good or service by use of a credit card or similar
payment device over the internet. It does not mean a web page
that gives information about a good or service, including
quality, price, or availability, but does not permit such
purchase directly from the web page.
``(4) The terms `religion' and `religious' include all
aspects of religious belief, observance, and practice, whether
or not compelled by, or central to, a system of religion.
``(5) The term `religious corporation, association,
educational institution, or society' includes--
``(A) a church, synagogue, mosque, temple, or other
house of worship;
``(B) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that is, in whole or in substantial part, owned,
supported, controlled, or managed by a particular
religion or by a particular church, denomination,
convention, or association of churches or other houses
of worship; or
``(C) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that holds itself out to the public as
substantially religious, has as its stated purpose in
its organic documents that it is religious, and is
substantially religious in its current operations.
``(g) Additional Facilities Not Required.--Nothing in this title
shall be construed to require the construction of new or additional
facilities.''.
SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY FUNDED PROGRAMS.
The Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended--
(1) in section 601, by inserting ``sex, sexual orientation,
gender identity,'' before ``or national origin.'';
(2) in section 601, by adding at the end the following:
``Nothing in sections 602 through 614 of this title shall be construed
to alter or amend this section with respect to discrimination on the
ground of race, color, or national origin.'';
(3) in section 606, by striking ``For the purposes of this
title'' and inserting ``Subject to section 607, for the
purposes of this title''; and
(4) by adding at the end the following:
``SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED FOR PURPOSES OF
RELIGIOUS ENTITIES AS APPLIED TO SEX, SEXUAL ORIENTATION,
OR GENDER IDENTITY.
``For the purposes of this title, as applied to sex, sexual
orientation, and gender identity, for any religious corporation,
association, educational institution, or society, the term `program or
activity' and the term `program' are limited to any specific program or
activity, or part thereof, that receives Federal financial assistance.
Any penalty or loss of Federal financial assistance assessed against
such a religious entity shall be limited to the program or activity or
program, or part thereof, that is determined to have violated section
601.
``SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS RECEIVING
ASSISTANCE.
``(a) In General.--An otherwise qualified religious provider shall
be eligible to receive Federal financial assistance for a particular
service without regard to the provider's religious views or teachings,
notwithstanding section 2000d. Subject to this title, a religious
organization that applies for, or participates in, a program or
activity receiving Federal financial assistance shall retain its
independence and may continue to carry out its mission, including the
definition, development, and expression of its religious beliefs.
``(b) Specific Safeguards.--Nothing in this title prohibits a
religious organization receiving Federal financial assistance from
using space in its buildings and other facilities to conduct its
program or activities where there is religious art, icons, messages,
scriptures, or other symbols. Additionally, the organization retains
authority over its internal governance and thus may have religious
words in the organization's name, select members of its governing board
based on religious criteria, and have religious references in its
mission statement and other governing documents.
``(c) Educational and Childcare Institutions.--A religious
educational institution or daycare center may enforce with reasonable
consistency written religious standards in its admission criteria,
educational programs, student retention policies, or residential life
policy, unless those standards would exclude or remove a student solely
because of a prohibited classification under section 601 with respect
to that student's parent or legal guardian.
``(d) Marriage and Family Education, Strengthening, and Counseling
Programs.--For purposes of sexual orientation and gender identity, a
religious corporation, association, educational institution, or society
receiving Federal financial assistance shall be deemed in compliance
with section 601 notwithstanding the content of any marriage or family
education, strengthening, or counseling programming, provided that the
recipient does not exclude beneficiaries on the basis of sexual
orientation or gender identity.
``(1) Referral obligation.--If a beneficiary or prospective
beneficiary objects to the religious character of the
recipient, the recipient will undertake reasonable efforts as
described in subsection (d)(2) to identify and refer the
beneficiary to an alternative provider to which the beneficiary
has no objection; however, the recipient is not obligated to
guarantee that in every instance an alternative provider will
be available.
``(2) Agency responsibilities.--Each agency responsible for
administering or supporting a social service program with
Federal financial assistance shall establish policies and
procedures designed to ensure that--
``(A) appropriate and timely referrals are made to
an alternative provider;
``(B) all referrals are made in a manner consistent
with all applicable privacy laws and regulations;
``(C) the recipient subject to subsection (d)(1)
notifies the agency of any referral;
``(D) such recipient has established a process for
determining whether the beneficiary has contacted the
alternative provider; and
``(E) each beneficiary of a marriage or family
education, strengthening, or counseling program that
receives Federal financial assistance receives written
notice of the protections set forth in this section
prior to enrolling in or receiving services from such
program.
``(3) Recipient's responsibilities.--The referral
obligation of the recipient under section (d)(2) shall be
satisfied by the recipient if it--
``(A) makes appropriate and timely referrals to an
alternative provider;
``(B) refers in a manner consistent with all
applicable privacy laws and regulations;
``(C) notifies the agency of the referral;
``(D) has established a process for determining
whether the beneficiary has contacted the alternative
provider; and
``(E) can demonstrate that each beneficiary of a
social service program received written notice of the
protections set forth in this section prior to
enrolling in or receiving services from such program.
``SEC. 609. SPECIALIZED FEDERAL FINANCIAL ASSISTANCE TO AN ENTIRE
ENTITY.
``(a) Any religious corporation, association, educational
institution, or society that is otherwise eligible for Federal
financial assistance that is awarded to entities to support the safety
or infrastructure of the entity cannot be excluded from assistance
because of its religious beliefs or practices. Such assistance includes
Federal financial assistance for historic preservation, disaster
recovery, or facilities security. The religious corporation,
association, educational institution, or society shall be deemed in
compliance with section 601, provided that funds used for procurement
from a third-party vendor must be used in a manner that complies with
section 601.
``(b) For the purposes of this subsection, a religious educational
institution or daycare center that receives funds under the Richard B.
Russell National School Lunch Act shall not be deemed a recipient of
Federal financial assistance.
``SEC. 610. FEDERAL FINANCIAL ASSISTANCE FOR ADOPTION AND FOSTER CARE.
``(a) Congressional Findings and Declaration of Policy.--The
Congress hereby finds and declares the following:
``(1) At-risk children deserve a safe and caring family,
and reducing the number of vulnerable children without a
permanent home is in the Federal interest.
``(2) There is a national deficit in the number of adoptive
and foster parents and the private agencies qualified to serve
these children. Federal and State governments should cooperate
to encourage new agencies to join the effort to serve the needs
of vulnerable children, alongside private agencies that have
already been doing that crucial work for decades, including
agencies whose commitment to serve arises from profound
religious convictions.
``(3) By providing safe and welcoming homes to vulnerable
children, adoptive and foster care parents serve the best
interests of children and contribute to the common good of our
communities in ways that are irreplaceable. Such parents should
be empowered to adopt children based on their merits as
parents, without being thwarted by discriminatory obstacles.
``(4) By finding safe and welcoming homes for vulnerable
children, religious and other providers of adoption and foster
care services, facilitate connections between good parents and
vulnerable children. In doing so, such providers also
contribute to the common good of our communities in ways that
are irreplaceable.
``(5) The indirect funding program created by this section
is intended to be a permanent and fully funded program that
links vulnerable children to good parents in order to serve the
best interests of children. This indirect funding program will
do so by ensuring that diverse adoption and foster-care
providers, including religious providers, will continue to
receive Federal financial assistance.
``(6) Therefore, it is the policy of the Federal Government
to protect the best interests of at-risk children by
establishing minimum Federal standards that guarantee the equal
treatment of qualified families seeking to offer foster care or
adoption and an equal respect for the diversity of private
agencies, including religious agencies, that provide adoption
and foster care services. This section shall be construed in a
manner consistent with these findings and declaration of
policy.
``(b) Nondiscrimination Requirements.--Federal financial assistance
for adoption, foster care, or related services is subject to section
601, unless otherwise provided in this section. Any entity that
receives Federal financial assistance to perform adoption or foster
care placements or related services, or that contracts with an entity
that receives Federal financial assistance for those services, except
for a private agency when participating in the indirect funding program
as described under subsection (c)(2)(B) or (d)(1), may not in the
course of performing an adoption, foster care, or related service
discriminate against a prospective parent or a child because of race,
color, national origin, sex, sexual orientation, or gender identity.
``(1) An entity unlawfully discriminates against a
prospective parent by--
``(A) denying to any qualified person equal access
to or equal treatment during the adoption or foster
care evaluation and placement process because of the
race, color, national origin, sex, sexual orientation
or gender identity of the qualified prospective
adoptive or foster parent or of the child involved;
``(B) delaying or denying the placement of a child
for adoption or into foster care because of the race,
color, national origin, sex, sexual orientation, or
gender identity of the qualified prospective adoptive
or foster parent, or of the child involved;
``(C) requiring different or additional screenings,
processes, or procedures for adoptive or foster care
placement because of the race, color, national origin,
sex, sexual orientation, or gender identity of the
qualified prospective adoptive or foster parent, or of
the child involved;
``(D) requiring a qualified prospective foster
parent to subscribe to subparagraph (D) or (E) of
section (b)(2); or
``(E) excluding a qualified prospective adoptive or
foster parent because of the parent's religion.
``(2) An entity unlawfully discriminates against a child
by--
``(A) denying to any qualified person equal access
to or equal treatment during the adoption or foster
care evaluation and placement process because of the
race, color, national origin, sex, sexual orientation,
or gender identity of the qualified prospective
adoptive or foster parent, or of the child involved;
``(B) delaying or denying the placement of a child
for adoption or into foster care because of the race,
color, national origin, sex, sexual orientation, or
gender identity of the qualified prospective adoptive
or foster parent, or of the child involved;
``(C) requiring different or additional screenings,
processes, or procedures for adoptive or foster care
placement because of the race, color, national origin,
sex, sexual orientation, or gender identity of the
qualified prospective adoptive or foster parent, or of
the child involved;
``(D) treating a child in the legal custody of the
State inconsistently with the child's gender identity,
as demonstrated by the child's medical history, care or
treatment of the child's gender identity, consistent
and uniform assertion of the gender identity, or other
evidence that the gender identity is sincerely held, is
part of the child's core identity, and is not being
asserted for an improper purpose; or
``(E) subjecting any child in the legal custody of
the State to any practice or treatment that seeks to
change the child's sexual orientation or gender
identity. It shall be lawful for a professional
counselor licensed by the State to assist a minor,
without regard to sexual orientation or gender
identity, to prevent or address unlawful conduct or
unsafe sexual practices.
``(c) Indirect Funding of Adoption and Foster Care Services.--
``(1) Establishment of indirect funding program.--The
Department of Health and Human Services, the Social Security
Administration, the Department of State, and any other agency
authorized by Federal law to administer Federal financial
assistance for the support of adoption and foster care services
shall issue final rules within two years of the enactment of
this Act to create an indirect funding program that delivers
Federal financial assistance to eligible prospective parents
for the purpose of obtaining such services through a qualified
private agency that they select.
``(A) This indirect funding program will entitle a
qualified State resident to receive a certificate to
assist with the costs of a personal assessment,
background check, home study, endorsement,
certification of a person's eligibility to act as the
guardian of a child in foster care or as the parent of
a child available for adoption, and placement of a
child with an eligible individual or family.
``(B) A substantial proportion of appropriated
Federal financial assistance for adoption or foster
care services, including assistance available under
part B and part E of title IV of the Social Security
Act, shall be allocated to fund the indirect funding
program through the issuance of a certificate to
eligible prospective parents.
``(C) Each certificate shall be worth an amount to
be determined through agency rulemaking, but in no
event less than $3,000 as indexed to the Consumer Price
Index as of January 1, 2019.
``(D) Participation in this indirect funding
program may not be delayed or denied because of a State
resident's race, color, national origin, religion, sex,
sexual orientation, or gender identity.
``(E) The responsible Federal agencies shall
establish policies and procedures designed to ensure
that where a referral is required by this section--
``(i) an appropriate and timely referral is
made to an alternative provider;
``(ii) all referrals are made in a manner
consistent with applicable privacy laws and
regulations;
``(iii) the provider of adoption and foster
care placement or related services notifies the
agency of any referral; and
``(iv) each applicant for and recipient of
adoption or foster care placement or related
services from a provider that receives Federal
financial assistance will receive written
notice from the provider of the protections set
forth in this section when applying for or
receiving such services.
``(2) Implementation of indirect funding program.--
``(A) Approved state plan.--To be eligible for
Federal financial assistance for adoption or foster
care services under part B or part E of title IV of the
Social Security Act, a State must develop a written
plan approved by the Secretary of the Department of
Health and Human Services providing that--
``(i) the State has established rules,
policies, and procedures within 6 months after
issuance of final rules under subsection (c)(1)
that ensures the State's full participation in
the indirect funding program by making
available to each qualified State resident on
request a certificate as prescribed by
subsection (c)(1), to be used solely for the
services enumerated in subsection (c)(1). This
certificate may commingle funding from Federal
and State sources, and such commingled revenues
shall be deemed Federal financial assistance;
``(ii) the State uses its best efforts to
increase the number of private organizations
within each catchment area that are qualified
to provide foster care and adoption services,
including organizations willing to serve all
qualified prospective parents;
``(iii) the State publishes and maintains a
current list of licensed adoption and foster
care providers with offices in the State, by
catchment area, which list will identify
providers that serve all applicants, as well as
those that serve particular communities and
those that provide particular services;
``(iv) the State performs a prompt and
cost-free eligibility assessment for every
prospective parent who applies for a
certificate, informs every eligible prospective
parent of the licensed adoption and foster care
providers in the participant's catchment area,
and may provide additional information to
facilitate the prospective parent's selection
of a provider;
``(v) any State resident eligible to act as
a foster parent or adoptive parent has an equal
opportunity to obtain adoption or foster care
related services from a provider who accepts
the certificate described in section (c)(1);
and
``(vi) when a qualified individual seeking
adoption or foster care placement or related
services is unable to obtain such services from
a particular provider--
``(I) there is at least one other
willing and qualified provider of such
service in the same or adjacent
catchment area that will serve all
qualified individuals;
``(II) the provider gives an
appropriate and timely referral to at
least one alternative provider;
``(III) each referral is made in a
manner consistent with applicable
privacy laws and regulations; and
``(IV) the provider of adoption and
foster care placement or related
services notifies the State of any
referral that is issued.
``(B) Protections for private agencies.--No State
or local government may--
``(i) deny any licensed provider of
adoption or foster care placement or related
services the opportunity to participate in the
certificate program prescribed by subsection
(c)(1);
``(ii) deny any licensed provider of
adoption or foster care placement or related
services reasonable payment for services
actually rendered in reliance on a certificate;
``(iii) require a provider of adoption or
foster care placement or related services to
perform such services in a particular instance
as a condition of participating in the
certificate program prescribed by subsection
(c)(1), unless such service is required by
Federal law or imposed pursuant to an agreement
between the provider and the State that
compensates the provider for such service
exclusively with State revenues; and
``(iv) withhold, suspend, or terminate
contracts, cooperative agreements, grants, or
other financial assistance when a provider of
adoption or foster care placement or related
services takes any action permitted under this
title.
``(3) Authority to withhold funds.--If a State fails to
participate in the indirect funding program, develop an
appropriate State plan, or to comply with this section in any
other respect, the Secretary shall, after appropriate notice
and failure to comply, withhold payment to the State of amounts
otherwise payable under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the
extent that the Secretary deems the withholding necessary to
induce compliance. A State may elect not to comply with its
duties under this section on condition that it declines Federal
financial assistance for adoption and foster care.
``(d) Private Recipients of Federal Financial Assistance.--
``(1) Protection for diverse providers.--A private
organization that is eligible to receive Federal financial
assistance through the certificate program prescribed by
subsection (c)(1) for providing any adoption or foster care
placement or related services may--
``(A) decline to accept a certificate without being
obligated to perform a particular service, despite
receiving certificates to perform other covered
adoption or foster care services, so long as the
provider gives a referral to the certificate holder
consistent with section (c)(2)(A)(vi)(II)-(IV); or
``(B) after accepting a certificate, facilitate a
mutually voluntary referral that does not unreasonably
delay or disrupt the adoption or foster care evaluation
and placement process.
``(2) Misrepresentation.--After accepting a certificate, a
provider of adoption or foster care services may terminate its
relationship with a prospective parent who makes a material
misrepresentation of a fact that the prospective parent knew or
should have known that the agency specifically requested. Such
agency shall provide a referral consistent with subsection
(c)(2)(A)(vi)(II)-(IV) and shall not lose its right under
subsection (c)(2)(B)(ii) to reasonable payment for services
actually performed.
``(3) Protection for custodial parents.--A private
organization that has received Federal financial assistance
through the certificate program prescribed by subsection (c)(1)
shall not discriminate against the custodial parent of a child
in foster care because of the custodial parent's race, color,
national origin, religion, sex, sexual orientation, or gender
identity with respect to the monitoring of a parent whom the
provider has previously endorsed or with whom the provider has
placed a child.
``(e) Miscellaneous.--
``(1) Custody of child in foster care.--For purposes of
this section, a child in foster care shall be deemed to be in
the legal custody of the State.
``(2) Rule of construction.--Nothing in this section shall
be construed to prohibit an entity receiving Federal financial
assistance for adoption, foster care, or related services from
making an individualized placement assessment in the best
interest of the child's health, safety, and welfare.
``(3) Effective dates.--
``(A) In general.--Except as described in
subsection (e)(1)(B), the protections under subsection
(b) shall become effective on the date of enactment.
``(B) Religious provider exemption.--
``(i) Section (b)(1) shall come into effect
with respect to a religious adoption or foster
care provider 12 months after the State where
the provider operates has implemented the
certificate program as described in section
(c)(2)(A).
``(ii) If the certificate program is not
substantially funded as required by subsection
(c), the protections described by subsection
(b)(1) shall become unenforceable as to a
religious adoption or foster care provider
until funding is provided or restored.
``(iii) For purposes of this section,
`religious adoption or foster care provider'
means a licensed or accredited nonprofit
provider of adoption or foster care services
that--
``(I) is in whole or substantial
part, owned, supported, controlled, or
managed by a particular religion or by
a particular church, denomination,
convention, or association of churches
or other houses of worship; or
``(II) holds itself out to the
public as substantially religious, has
as its stated purpose in its organic
documents that it is religious, and is
substantially religious in its current
operations.
``(4) Private rights of action.--
``(A) Nothing in this section shall be construed to
authorize a right of action against a private
organization for the exercise of rights provided under
subsection (d)(1).
``(B) A private right of action may be brought by a
private organization under section 1107.
``(5) Supplanting prohibited.--Any Federal funds received
under this section shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for
activities funded under this subchapter.
``(6) Effect on federal laws respecting racial
discrimination.--Nothing in this section shall be construed to
alter, affect, or supersede any Federal law that addresses
discrimination because of race, color, or national origin by
any State or private organization that receives Federal
financial assistance for adoption or foster care placement or
related services.
``(7) Application to states with waivers.--For any State
that, on the date of enactment of this Act, has in effect a
waiver approved under section 1130 of the Social Security Act
(42 U.S.C. 1320a-9), the amendments to this title shall not
apply to that State before the expiration of the waiver
(determined without regard to any extensions), to the extent
that an amendment is inconsistent with the terms of the waiver.
``(8) Effect on state laws.--Nothing in this section shall
be construed to supersede a State or local law, policy, or
contract addressing the legal conditions of receiving
Government funding for adoption or foster care services,
provided that the State or local law does not directly conflict
with this section.
``SEC. 611. SEX-SPECIFIC SEGREGATION OR PROGRAMS.
``(a) If sex segregation or sex-specific programming is necessary
to the essential operation of a program or activity, nothing in this
title shall prevent any such program or activity from considering an
individual's sex, provided that where appropriate to accomplish the
purpose of the program or activity, individuals are treated in
accordance with their gender identity.
``(b) An educational institution receiving Federal financial
assistance shall reasonably accommodate a student who requests greater
privacy with respect to the use of a facility designated for the
exclusive use of persons of the same sex, provided that the
accommodation does not exclude any student from such a facility to
which the student has a right of access or otherwise prejudice any
right or privilege protected under this title.
``(c) Nothing in this title shall be construed to alter or affect
the Violence Against Women Act of 1994.
``SEC. 612. NEUTRALITY WITH RESPECT TO ABORTION.
``Nothing in this title shall be construed to require or prohibit
any person, or public or private entity, to provide or pay for any
benefit or service, including the use of facilities, related to an
abortion. Nothing in this title shall be construed to permit a penalty
to be imposed on any person or any individual because such person or
individual is seeking or has received any benefit or service related to
a legal abortion.
``SEC. 613. NO EFFECT ON TITLE IX.
``Nothing contained in this title shall be construed to alter or
affect title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.). Any claim that a person has been excluded because of sex from
participation in, or denied the benefits of, or subjected to
discrimination with respect to any education program or activity that
receives Federal financial assistance shall be governed by title IX and
not this title.
``SEC. 614. ADDITIONAL DEFINITIONS.
``For purposes of this title:
``(1) The term `gender identity' means the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, without regard to the
individual's designated sex at birth. A person's gender
identity can be shown by providing evidence, including medical
history, care or treatment of the gender identity, consistent
and uniform assertion of the gender identity, or other evidence
that the gender identity is sincerely held, part of a person's
core identity, and not being asserted for an improper purpose.
``(2) The terms `religion' and `religious' include all
aspects of religious belief, observance, and practice, whether
or not compelled by, or central to, a system of religion.
``(3) The term `religious corporation, association,
educational institution, or society' includes--
``(A) a church, synagogue, mosque, temple, or other
house of worship;
``(B) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that is, in whole or substantial part, owned,
supported, controlled, or managed by a particular
religion or by a particular church, denomination,
convention, or association of churches or other houses
of worship; or
``(C) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that holds itself out to the public as
substantially religious, has as its stated purpose in
its organic documents that it is religious, and is
substantially religious in its current operations.
``(4) The term `religious educational institution' includes
any preschool, primary, secondary or post-secondary educational
institution that is--
``(A) in whole or in substantial part, owned,
supported, controlled, or managed by a particular
religion or by a particular church, denomination,
convention, or association of churches or other houses
of worship; or
``(B) a nonprofit corporation organized for
educational purposes that holds itself out to the
public as substantially religious, has as its stated
purpose in its organic documents that it is religious,
and is substantially religious in its current
operations.
``(5) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.''.
SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED.
(a) Definitions.--Section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e) is amended--
(1) in subsection (j) by inserting ``(1)'' after ``(j)'';
(2) in subsection (j)(1) by inserting ``, after initiating
and engaging in an affirmative and bona fide effort,'' after
``unable'';
(3) in subsection (j)(1) by striking ``an employee's'' and
all that follows through ``religious'' and inserting ``an
employee's religious'';
(4) by adding at the end of subsection (j)(1) the
following:
``(2)(A) In this subsection, the term `employee' includes
an employee (as defined in subsection (f)), or a prospective
employee, who, with or without reasonable accommodation, is
qualified to perform the essential functions of the employment
position that such individual holds or desires.
``(B) In this paragraph, the term `perform the essential
functions' includes carrying out the core requirements of an
employment position and does not include carrying out practices
relating to clothing, practices relating to taking time off, or
other practices that may have a temporary or tangential impact
on the ability to perform job functions, if any of the
practices described in this subparagraph restrict the ability
to wear religious clothing, to take time off for a holy day, or
to participate in a religious observance or practice.
``(3) In this subsection, the term `undue hardship' means
an accommodation requiring significant difficulty or expense.
``(A) For purposes of determining whether an
accommodation requires significant difficulty or
expense, factors to be considered in making the
determination shall include--
``(i) the identifiable cost of the
accommodation, including the costs of loss of
productivity and of retraining or hiring
employees or transferring employees from one
facility to another;
``(ii) the overall financial resources and
size of the employer involved, relative to the
number of its employees;
``(iii) for an employer with multiple
facilities, the geographic separateness or
administrative or fiscal relationship of the
facilities; and
``(iv) whether the accommodation will
obstruct the employer from providing its
customers or clients the full and equal
enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations
offered.
``(B) An employer shall not be required to provide
an accommodation that will result in the violation of
Federal or State law nor result in liability for a
hostile work environment.''; and
(5) by inserting after subsection (n) the following:
``(o)(1) The term `gender identity' means the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, without regard to the individual's
designated sex at birth. A person's gender identity can be shown by
providing evidence, including medical history, care or treatment of the
gender identity, consistent and uniform assertion of the gender
identity, or other evidence that the gender identity is sincerely held,
part of a person's core identity, and not being asserted for an
improper purpose.
``(2) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(3) The terms `religion' and `religious' include all aspects of
religious belief, observance, and practice, whether or not compelled
by, or central to, a system of religion.
``(4) The term `religious corporation, association, educational
institution, or society' includes--
``(A) a church, synagogue, mosque, temple, or other house
of worship;
``(B) a nonprofit corporation, association, educational
institution, society, or other nonprofit entity that is, in
whole or substantial part, owned, supported, controlled, or
managed by a particular religion or by a particular church,
denomination, convention, or association of churches or other
houses of worship; or
``(C) a nonprofit corporation, association, educational
institution, society, or other nonprofit entity that holds
itself out to the public as substantially religious, has as its
stated purpose in its organic documents that it is religious,
and is substantially religious in its current operations.''.
(b) Exemption.--Section 702(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-1(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``State, or'' and inserting the following:
``State.
``(2)(A) This title shall not apply''; and
(3) by adding at the end of paragraph (2) the following:
``(B) Exempt organizations.--With respect to claims of
employment discrimination because of sexual orientation or
gender identity, nothing in this subchapter shall apply to the
following:
``(i) a church or its integrated auxiliaries, a
convention or association of churches, or a religious
order, as described in section 6033(a)(3)(A)(i) and
section 6033(a)(3)(A)(iii) of the Internal Revenue Code
of 1986;
``(ii) a religious organization described in
sections 501(c)(3) and 509(a)(1), (2), or (3) that is
covered by an Internal Revenue Service group exemption
letter issued to a church or a convention or
association of churches;
``(iii) a religious educational institution that is
eligible for exemption under section 703(e)(2) of this
subchapter;
``(iv) a religious corporation, association, or
society under section 702(a) of this subchapter that is
eligible for tax-exempt status under section 501(c)(3)
of the Internal Revenue Code of 1986 and that employs
only individuals of the employer's religion, unless the
employee demonstrates that the employer has not applied
with reasonable consistency its religious standard
cited as the reason for the adverse employment action;
or
``(v) any association exclusively composed of
employers exempt under paragraph (2)(B)(i)-(iv).
``(C) A claim under this subchapter against an
employer described by section 702(a)(2)(B) for
discrimination because of sex shall not include claims
of discrimination because of sexual orientation or
gender identity. This provision shall not otherwise
affect claims of sex discrimination, and nothing in
this provision shall prevent a person, regardless of
sexual orientation or gender identity, from bringing a
claim of sex discrimination.
``(D) No religious corporation, association, or
society otherwise eligible under paragraph (2)(B)(iv)
of this section shall be ineligible because of
nonrecognition under section 501(c)(3) of the Internal
Revenue Code, unless such tax treatment is consistent
with section 501(c)(3)(B) of that Code.
``(E) No employer whose primary purpose and
activity is to deliver medical services shall be
eligible for the exemptions under section 702(a)(2)(B).
``(F) Nothing in this section shall prejudice
rights and defenses available under sections 702(a) and
703(e)(2).''.
(c) Unlawful Employment Practices.--Section 703 of such Act (42
U.S.C. 2000e-2) is amended--
(1) except in subsection (e), by inserting ``sexual
orientation, gender identity,'' immediately before ``or
national origin'' each place it appears;
(2) in subsection (e)(1), by striking ``enterprise,'' and
inserting ``enterprise, if an individual is recognized as
qualified in accordance with gender identity when sex is a bona
fide occupational qualification,'';
(3) in the heading of subsection (m), by striking ``Sex,''
and inserting ``Sex, Sexual Orientation, Gender Identity,'';
and
(4) by adding at the end the following:
``(o)(1) In this section:
``(A) The term `employee' has the meaning given the term in
section 701(j)(2).
``(B) The term `leave of general usage' means leave
provided under the policy or program of an employer, under
which--
``(i) an employee may take leave by adjusting or
altering the work schedule or assignment of the
employee according to criteria determined by the
employer; and
``(ii) the employee may determine the purpose for
which the leave is to be utilized.
``(2) For purposes of determining whether an employer has committed
an unlawful employment practice under this title by failing to provide
a reasonable accommodation to the religious observance or practice of
an employee, for an accommodation to be considered to be reasonable,
the accommodation shall remove the conflict between employment
requirements and the religious observance or practice of the employee.
``(3) An employer shall be considered to commit such a practice by
failing to provide such a reasonable accommodation for an employee if
the employer refuses to permit the employee to utilize leave of general
usage to remove such a conflict solely because the leave will be used
to accommodate the religious observance or practice of the employee.''.
(d) Other Unlawful Employment Practices.--Section 704(b) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-3) is amended--
(1) in subsection (b) by inserting ``sexual orientation,
gender identity,'' before ``national origin'' each place it
appears;
(2) in subsection (b) by striking ``employment.'' and
inserting ``employment, if an individual is recognized as
qualified in accordance with gender identity when sex is a bona
fide occupational qualification.''; and
(3) by inserting after subsection (b) the following:
``(c) Prohibited Sanctions for Certain Employee Speech.--
``(1) An employee may express the employee's religious,
political, or moral beliefs in the workplace in a reasonable,
nondisruptive, and nonharassing way on equal terms with similar
types of expression of beliefs allowed by the employer in the
workplace, unless the expression is in direct and substantial
conflict with the essential business-related interests of the
employer.
``(2) An employer may not discharge, demote, terminate, or
refuse to hire any person, or retaliate against, harass, or
discriminate in matters of compensation or in terms,
privileges, and conditions of employment against any person
otherwise qualified for employment, for lawful expression or
expressive activity outside of the workplace regarding the
person's beliefs that--
``(A) marriage is or should be recognized as a
union of one man and one woman, or one woman and one
woman, or one man and one man; or
``(B) sexual activity should or should not be
reserved for spouses within a marriage.
The employee's expression is not protected under subsection
(c)(2) if it directly and materially impedes the employee's
performance of an essential job function.
``(3) Paragraphs (1) and (2) shall not apply to a nonprofit
organization that operates to express or advocate particular
viewpoints, or to an employer that is a religious corporation,
association, educational institution, or society covered by
section 701(o)(4).''.
(e) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-5(g)(2)(A)) is amended by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,''.
(f) Employment by Federal Government.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
(1) in subsection (a), by striking ``sex,'' and inserting
``sex, sexual orientation, gender identity,''; and
(2) in subsection (c), by striking ``sex'' and inserting
``sex, sexual orientation, gender identity,''.
(g) Government Employee Rights Act of 1991.--The Government
Employee Rights Act of 1991 (title III of Public Law 102-166; 42 U.S.C.
2000e-16 et seq.) is amended--
(1) in section 301(b), by striking ``sex,'' and inserting
``sex, sexual orientation, gender identity,''; and
(2) in section 302(a)(1), by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,''.
(h) Additional Facilities Not Required.--The Civil Rights Act of
1964 (42 U.S.C. 2000e-18) is amended by adding at the end the
following:
``Sec. 719. Nothing in this subchapter shall be construed to
require the construction of new or additional facilities.''.
(i) Privacy in Sex-Designated Facilities.--The Civil Rights Act of
1964 (42 U.S.C. 2000e-19), as amended by subsection (h), is amended by
adding at the end the following:
``Sec. 720. If equivalent facilities and benefits are made
available and without regard to a prohibited classification under this
subchapter, an employer shall reasonably accommodate an employee who
requests greater privacy within a facility intended for the exclusive
use of persons of the same sex.''.
(j) Intervention.--Section 902 of the Civil Rights Act of 1964 (42
U.S.C. 2000h-2) is amended by inserting ``sexual orientation, gender
identity,'' before ``or national origin,''.
(k) Congressional Accountability Act of 1995.--Section 201(a)(1) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) is
amended by inserting ``sexual orientation, gender identity,'' before
``or national origin,''.
(l) Title 5, United States Code.--Chapter 23 of title 5, United
States Code, is amended--
(1) in section 2301(b)(2), by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,''; and
(2) in section 2302--
(A) in subsection (b)(1)(A), by inserting ``sexual
orientation, gender identity,'' before ``or national
origin,''; and
(B) in subsection (d)(1), by inserting ``sexual
orientation, gender identity,'' before ``or national
origin;''.
SEC. 5. HOUSING DISCRIMINATION PROHIBITED.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended by inserting ``sexual orientation, gender identity,''
after ``sex'' each place that term appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended by inserting ``sexual orientation, gender identity,''
after ``sex'' each place that term appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended by inserting ``sexual orientation, gender identity,''
after ``sex'' each place that term appears.
(4) Section 807 of the Fair Housing Act (42 U.S.C. 3607) is
amended by inserting ``or to persons who adhere to its
religion'' immediately after the phrase ``persons of the same
religion'' and ``or adherence to such beliefs, observances,
tenets, or practices'' immediately before ``or from giving
preference to such persons''.
(5) Section 808 of the Fair Housing Act (42 U.S.C. 3608) is
amended by inserting ``sexual orientation, gender identity,''
after ``sex'' each place that term appears.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended by inserting ``sexual
orientation, gender identity,'' after ``sex,'' each place that term
appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Sexual orientation' means homosexuality, heterosexuality, or
bisexuality.
``(q) `Gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, without regard to the individual's designated sex at birth.
A person's gender identity can be shown by providing evidence,
including medical history, care or treatment of the gender identity,
consistent and uniform assertion of the gender identity, or other
evidence that the gender identity is sincerely held, part of a person's
core identity, and not being asserted for an improper purpose.
``(r) `Operates' includes the rental or occupancy of dwellings
through a lease or contract with the dwelling's actual owner or primary
operator.
``(s) `Religion' has the same meaning as section 701 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e).
``(t) `Religious organization, association, or society' has the
same meaning as section 701 of the Civil Rights Act of 1964 (42 U.S.C.
2000e).''.
SEC. 6. OTHER NONDISCRIMINATION REQUIREMENTS.
(a) Marriage Recognition.--
(1) Section 7 of title 1, United States Code, is amended to
read as follows:
``Sec. 7. Marriage
``(a) For the purposes of any Federal law in which marital status
is a factor, an individual shall be considered married if that
individual's marriage is valid in the State where the marriage was
entered into or, in the case of a marriage entered into outside any
State, if the marriage is valid in the place where entered into and the
marriage could have been entered into in a State.
``(b) In this section, the term `State' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, or any other territory or
possession of the United States.''.
(2) Section 1738C of title 28, United States Code, is
repealed, and the table of sections at the beginning of chapter
115 of title 28, United States Code, is amended by striking the
item relating to that section.
(b) Desegregation of Public Facilities.--Section 301(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting
``sex, sexual orientation, gender identity,'' before ``or national
origin''.
(c) Discrimination in Federal Jury Service Prohibited.--Chapter 121
of title 28, United States Code, is amended--
(1) in section 1862, by inserting ``sexual orientation,
gender identity,'' after ``sex,'' each place that term appears;
(2) in section 1867, by inserting ``sexual orientation,
gender identity,'' after ``sex,'' each place that term appears;
and
(3) in section 1869 by adding at the end the following:
``(l) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(m) The term `gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, without regard to the individual's designated sex at birth.
A person's gender identity can be shown by providing evidence,
including medical history, care or treatment of the gender identity,
consistent and uniform assertion of the gender identity, or other
evidence that the gender identity is sincerely held, part of a person's
core identity, and not being asserted for an improper purpose.''.
(d) Discrimination in Credit Prohibited.--The Equal Credit
Opportunity Act (15 U.S.C. 1691 et seq.) is amended--
(1) in section 701(a)(1) by striking ``or'' after ``sex''
and inserting ``, sexual orientation, gender identity,'' after
``sex'';
(2) in section 702--
(A) by redesignating subsections (f) and (g) as
subsections (g) and (i), respectively;
(B) by inserting after subsection (e) the
following:
``(f) The term `gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, without regard to the individual's designated sex at birth.
A person's gender identity can be shown by providing evidence,
including medical history, care or treatment of the gender identity,
consistent and uniform assertion of the gender identity, or other
evidence that the gender identity is sincerely held, part of a person's
core identity, and not being asserted for an improper purpose.''; and
(C) by inserting after subsection (g), as so
redesignated, the following:
``(h) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.''; and
(3) in section 705, by inserting ``, sexual orientation,
gender identity,'' after ``sex''.
(e) Discrimination in Refugee Resettlement Prohibited.--Section
412(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(5))
is amended by inserting ``sexual orientation, gender identity,'' after
``sex,''.
(f) Safe Schools.--Title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at
the end the following:
``PART G--SAFE SCHOOLS IMPROVEMENT
``SEC. 4701. PURPOSE.
``The purpose of this part is to address the problem of bullying
and harassment conduct of students in public elementary schools and
secondary schools.
``SEC. 4702. ANTI-BULLYING POLICIES.
``(a) Bullying.--In this part, the term `bullying' includes
cyberbullying through electronic communications that take place away
from school or a school-sponsored or school-related event, but only if
the cyberbullying infringes on the rights of the student at school as
set forth in subparagraph (A) or (B) of subsection (b)(1).
``(b) Policies.--A State that receives a grant under this title
shall require all local educational agencies in the State with
authority to administer public elementary and secondary schools to
carry out the following:
``(1) Establish policies that prevent and prohibit conduct,
including bullying and harassment--
``(A) that is sufficiently severe, persistent, or
pervasive that a reasonable person would expect such
bullying or harassment to limit a student's ability to
participate in, or benefit from, a program or activity
of a public school or local educational agency; or
``(B) that is sufficiently severe, persistent, or
pervasive that a reasonable person would expect such
bullying or harassment to create a hostile or abusive
educational environment, adversely affecting a
student's education, at a program or activity of a
public school or local educational agency, including
acts of verbal, nonverbal, or physical aggression or
intimidation.
``(2) The policies required under paragraph (1) shall
include a prohibition of bullying or harassment conduct based
on--
``(A) a student's actual or perceived race, color,
national origin, religion, disability, sex, sexual
orientation, or gender identity;
``(B) the actual or perceived race, color, national
origin, religion, disability, sex, sexual orientation,
or gender identity of a person with whom a student
associates or has associated; or
``(C) any other distinguishing characteristics that
may be defined by the State or local educational
agency, including being homeless or the child or ward
of a member of the Armed Forces.
``(3) Provide--
``(A) annual notice to students, parents, and
educational professionals describing the full range of
the local educational agency's policies required under
paragraph (1) and shall include an affirmative
statement of the protections for free speech, assembly,
and expression under the First Amendment and any other
applicable law; and
``(B) grievance procedures for students or parents
to register complaints regarding the prohibited conduct
contained in such local educational agency's discipline
policies, including--
``(i) the name of the local educational
agency officials who are designated as
responsible for receiving such complaints; and
``(ii) timelines that the local educational
agency will establish in the resolution of such
complaints.
``(4) Collect annual incidence and frequency of incidents
data about the conduct prohibited by the policies described in
paragraph (1) at the school building level that are accurate
and complete and publicly report such data at the school level
and local educational agency level. The local educational
agency shall ensure that victims or persons responsible for
such conduct are not identifiable.
``(5) Encourage positive and preventative approaches to
school discipline that minimize students' removal from
instruction and ensure that students, including students
described in paragraph (2), are not subject to disproportionate
punishment.
``SEC. 4703. STATE REPORTS.
``The chief executive officer of a State that receives a grant
under this title, in cooperation with the State educational agency,
shall submit a biennial report to the Secretary--
``(1) on the information reported by local educational
agencies in the State pursuant to section 4702(b)(4); and
``(2) describing the State's plans for supporting local
educational agency efforts to address the conduct prohibited by
the policies described in section 4702(b)(1).
``SEC. 4704. EVALUATION.
``(a) Biennial Evaluation.--The Secretary shall conduct an
independent biennial evaluation of programs and policies to combat
bullying and harassment in elementary schools and secondary schools,
including implementation of the requirements described in section 4702,
including whether such requirements have appreciably reduced the level
of the prohibited conduct and have conducted effective parent
involvement and programs that train covered school employees how to
identify and stop bullying and harassment, as those terms are defined
in section 4702.
``(b) Data Collection.--The Commissioner for Education Statistics
shall collect data from States, that are subject to independent review,
to determine the incidence and frequency of conduct prohibited by the
policies described in section 4702.
``(c) Biennial Report.--Not later than January 1 of the first
calendar year that begins after the effective date of this section and
every 2 years thereafter, the Secretary shall submit to the President
and Congress a report on the findings of the evaluation conducted under
subsection (a) together with the data collected under subsection (b)
and data submitted by the States under section 4703.
``SEC. 4705. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression.--Nothing in this part shall be
construed to deny any student a right of free speech, assembly, or
expression protected under the Constitution or any other Federal law,
or to permit unlawful viewpoint discrimination. No policy established
under this part may prevent or punish a student's expression of
religious, political, or philosophical beliefs in the classroom or at
school activities when such expression takes place on equal terms with
similar expressions of belief allowed by the school in the same
setting, unless such expression consists of bullying or harassment as
defined in section 4702(b)(1).
``SEC. 4706. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a State or
local entity from enacting any law with respect to the prevention of
bullying or harassment of students that is not inconsistent with this
part.''.
SEC. 7. PROHIBITION ON RETALIATION AND UNEQUAL TREATMENT.
Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.)
is amended by adding at the end the following:
``SEC. 1107. NONRETALIATION.
``(a) In General.--
``(1) No government shall take any adverse action because
of--
``(A) the existence or invocation of any exemption,
defense, or remedy under this Act; or
``(B) the existence or invocation of any protection
from discrimination under this Act.
``(2) Nothing in this subsection shall be construed to
invalidate or supersede a law without evidence that it was
enacted, enforced, or administered for reasons prohibited by
paragraph (1).
``(b) Prohibition on Certain Government Actions.--
``(1) Persons protected from discrimination.--No government
shall take any adverse action that, as applied, conflicts with
any protection from discrimination under this Act.
``(2) Certain religious properties and religious
employers.--
``(A) No government shall take any adverse action
that, as applied, is inconsistent with the exemptions
under section 201(b)(11).
``(B) No government shall take any adverse action
that, as applied, abridges the exemptions provided
under section 702(a)(2)(B).
``(C) Nothing in this subsection shall be construed
to invalidate any other law that otherwise applies to a
religious property exempt under section 201(b)(11) or a
religious employer exempt under section 702(a)(2)(B).
``(3) Adoption and foster care funding, licensure, and
certification.--No State shall enforce a law with respect to a
particular contract, cooperative agreement, grant, guarantee,
or benefit if that law, as applied, abridges any right or
benefit under section 610, unless the State demonstrates that
the contract, cooperative agreement, grant, guarantee, or
benefit is solely funded by revenues of a State or political
subdivision thereof. A State or its political subdivision may
commingle its revenues with Federal financial assistance for
the purpose of providing financial aid to adoption agencies;
such commingled revenues shall be deemed Federal financial
assistance. No government may deny, withhold, or suspend the
license or certification of a religiously affiliated adoption
or foster care agency because of its religious teachings or
practices, provided that the agency complies with generally
applicable health and safety standards.
``(c) Religious Educational Institutions.--
``(1) No adverse action for religious mission.--No
government shall take any adverse action against a religious
educational institution, its faculty, students, or graduates
because of its religious mission.
``(2) Accreditation.--No accrediting agency shall take an
adverse action against a religious educational institution for
noncompliance with an accreditation standard that would require
the institution to act inconsistently with its religious
mission as related to marriage, family, sexuality, or gender
identity, except as these matters pertain to race, color, or
national origin. Nothing in this provision shall be interpreted
to deny an accrediting agency the authority under section
496(a) of the Higher Education Act (20 U.S.C. 1099b(a)) to take
action necessary to ensure that the courses or programs of
instruction, training, or study offered by an institution of
higher education are of sufficient quality to achieve the
stated objective for which the courses or the programs are
offered. An accrediting agency does not demonstrate that its
adverse action against a religious educational institution is
authorized under section 1099b(a) merely by showing that the
action results from a rule of general applicability.
``(3) Remedies.--A religious educational institution harmed
by a violation of this subsection may obtain injunctive relief
against the responsible accrediting agency. Upon receiving a
copy of such an injunction, the Department of Education shall
deem the affected religious educational institution as
accredited for all purposes under Federal law. The Department
shall deny recognition for any purpose to an accrediting agency
that knowingly violates this subsection. An accrediting agency
that loses its government recognition may apply with the
Department to restore its recognition if the agency
demonstrates that the violation resulted from mistake or
inadvertence. Within two years of the enactment of this Act,
the Department shall issue final rules prescribing the
procedures governing this section.
``(d) No Religious Tests.--No government shall--
``(1) exclude a person from an occupation by depriving a
person of professional credentials or imposing a fine or
penalty, including through a private right of action, because
of the person's religious beliefs or affiliations, provided
that the person otherwise complies with occupational or
professional standards that, in purpose and effect, are neutral
toward religion and generally applicable; or
``(2) determine eligibility for public office because of
religious beliefs or affiliations.
``(e) Scope of Application.--Subsections (a) through (d) apply in
any case in which--
``(1) section 5 of the Fourteenth Amendment to the
Constitution of the United States grants lawmaking power to
Congress;
``(2) action by a government or an accrediting agency would
affect commerce with foreign nations, among the several States,
or with Indian Tribes;
``(3) a State or political subdivision receives Federal
financial assistance, to the full extent permitted by Congress'
authority under the Spending Power in article I, section 8 of
the Constitution;
``(4) Congress has power under the Necessary and Proper
Clause of article I, section 8 to effectuate the exercise of
its enumerated powers; or
``(5) the Constitution grants Congress any other lawmaking
power.
``(f) Judicial Relief.--
``(1) Cause of action.--A person or organization may assert
an actual violation of this section, or a credible threat of
such a violation, as a claim or defense in a judicial,
administrative, or arbitration proceeding and obtain
appropriate relief against a government or accrediting agency,
including attorneys' fees. A State shall not be immune under
the Eleventh Amendment to the Constitution of the United States
from a claim under this section.
``(2) Removal.--Any proceeding brought in a State court for
which a claimant invokes this section as a claim, counterclaim,
or defense may be removed by the claimant to the district court
of the United States for the district and division embracing
the place where such action is pending.
``(g) Definitions.--In section 1107:
``(1) The term `abridges' means to diminish, burden,
hinder, or obstruct.
``(2) The term `accreditation' means the status of public
recognition that an accrediting agency grants to an educational
institution or program that meets the agency's standards and
requirements.
``(3) The term `accrediting agency' means a legal entity,
or part of a legal entity, that conducts accrediting activities
through voluntary, non-Federal peer review and makes decisions
concerning the accreditation or preaccreditation status of
institutions, programs, or both.
``(4) The term `adverse action' includes action that
suspends, revokes, or withholds licenses, permits,
certifications, professional credentials, guarantees,
contracts, or cooperative agreements; denies or revokes
scholarships, grants, loans, a tax exemption or tax-exempt
status; denies access to government-sponsored facilities,
activities, or programs; or that imposes any other penalty or
denies an otherwise available benefit. Except for a violation
of subsection (a)(1) of this section, adverse action does not
include a State's refusal to subsidize contracts, grants,
loans, or cooperative agreements with exclusively State
revenues because of noncompliance with State standards that, in
purpose and effect, are neutral toward religion and generally
applicable. Commingled State and Federal revenues shall be
deemed Federal revenues. Adverse action does include
suspending, revoking, or withholding scholarships, grants, and
loans, or access to government-sponsored facilities,
activities, or programs to qualified students or graduates of
religious educational institutions, notwithstanding that the
scholarships, grants, loans, facilities, activities, or
programs are funded with State revenues.
``(5) The term `government' means--
``(A) a State, county, municipality, or other
government entity created under the authority of a
State;
``(B) any branch, department, agency,
instrumentality, or official of an entity listed in
subsection (g)(5)(A);
``(C) any other person acting under color of State
law; and
``(D) the United States, a branch, department,
agency, instrumentality, or official of the United
States, and any other person acting under color of
Federal law.
``(6) The terms `religion' and `religious' include all
aspects of religious belief, observance, and practice, whether
or not compelled by, or central to, a system of religion.
``(7) The term `religious corporation, association,
educational institution, or society' include--
``(A) a church, synagogue, mosque, temple, or other
house of worship;
``(B) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that is, in whole or in substantial part, owned,
supported, controlled, or managed by a particular
religion or by a particular church, denomination,
convention, or association of churches or other houses
of worship; or
``(C) a nonprofit corporation, association,
educational institution, society, or other nonprofit
entity that holds itself out to the public as
substantially religious, has as its stated purpose in
its organic documents that it is religious, and is
substantially religious in its current operations.
``(8) The term `religious educational institution' means
any organization covered by section 703(e)(2).
``(9) The term `religious mission' includes religious
affiliation, religious tenets, religious teachings, and
religious standards, including policies or decisions related to
such affiliation, tenets, teachings, or standards with respect
to housing, employment, curriculum, self-governance, or student
admission, continuing enrollment, or graduation, unless such
affiliation, tenets, teachings, or standards result in
invidious discrimination on account of race, color, or national
origin.
``(h) Construction.--This section shall supersede State or local
law as provided for expressly herein. Nothing contained in section 1107
shall be construed as indicating an intent on the part of Congress to
occupy the field in which this Act operates to the exclusion of State
or local laws on the same subject matter.''.
SEC. 8. PRESERVATION OF TAX-EXEMPT STATUS.
Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 1 et
seq.) is amended--
(1) by inserting ``(A)'' before ``Corporations, and
community chest . . .''; and
(2) by adding at the end the following:
``(B)(i) For purposes of Federal law, any determination
whether an organization is organized or operated exclusively
for religious, charitable, scientific, literary, or educational
purposes or complies with legal standards of charity shall be
made without regard to the organization's religious beliefs or
practices concerning marriage, family, or sexuality, except
insofar as such practices pertain to race or criminal sexual
offenses punishable under constitutionally valid Federal or
State law.
``(ii) As used in subsection (B)(i), the term `religious'
includes all aspects of religious belief, observance, and
practice, whether or not compelled by, or central to, a system
of religion.''.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of any provision
to any individual or circumstance, is held to be invalid, the remainder
of this Act and the application of its other provisions to any other
individuals or circumstances shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Committee on the Judiciary, and in addition to the Committees on Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 Subcommittee on Health.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.