I 

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 

GONZA ́LEZ-COLO ́N, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness for All Act’’. 


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1 SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR SEG2 REGATION IN PLACES OF PUBLIC ACCOMMO3 DATION. 

4 Section 201 of the Civil Rights Act of 1964 (42 

5 U.S.C. 2000a) is amended— 

6 (1) in subsection (a), by inserting ‘‘sex, sexual 

7 orientation, gender identity,’’ before ‘‘or national ori8 gin’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (3), by striking ‘‘and’’ at 

11 the end; 

12 (B) by redesignating paragraph (4) as 

13 paragraph (10); 

14 (C) by inserting after paragraph (3) the 

15 following: 

16 ‘‘(4) any place of exercise, recreation, or amusement, 

17 except religious camps or religious retreat centers unless 

18 such camps or retreat centers discriminate because of 

19 race, color, or national origin; 

20 ‘‘(5) any provider of financial services, including 

21 banks, credit unions, mortgage houses, brokers, and finan22 cial planners; 

23 ‘‘(6) for the purpose of classifications enumerated in 

24 subsection (a) and not described by section 1557 of the 

25 Patient Protection and Affordable Care Act (42 U.S.C. 

26 18116(a))— 


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1 ‘‘(A) any provider of medical services. It shall 

2 not constitute a violation of this title to provide a 

3 service, treatment, therapy, procedure, or drug on 

4 the same medical terms or criteria applicable to indi5 viduals needing that service, treatment, therapy, pro6 cedure or drug, without regard to protected class 

7 status; 

8 ‘‘(B) any provider of mental health care, except 

9 that this section shall not apply when the primary 

10 objective is to assist a person in entering or sus11 taining a marriage, so long as the provider coordi12 nates a referral of the client to another qualified 

13 mental health care provider who will provide the 

14 needed service and the client is not in imminent dan15 ger of harming self or others; 

16 ‘‘(C) nothing in subparagraph (B) shall apply 

17 to a priest, pastor, rabbi, imam, or minister of any 

18 faith while acting substantially in a ministerial ca19 pacity; and 

20 ‘‘(D) a provider of medical services covered by 

21 subparagraph (A) or a provider of mental health 

22 care covered by subparagraph (B) may make evi23 dence-based medical determinations and may refer 

24 patients when necessary for a patient’s best interests 

25 and welfare, including professional expertise; 


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1 ‘‘(7) any place of or provider of transportation serv2 ices; 

3 ‘‘(8) any provider of funeral services or burial plots, 

4 except those that primarily limit their services or facilities 

5 to those of a particular religion, unless such provider dis6 criminates because of race, color, or national origin; 

7 ‘‘(9) any store, shopping center, or online retailer or 

8 provider of online services that has 15 or more employees 

9 for each working day in each of 20 or more calendar weeks 

10 in the current or preceding calendar year. This employee 

11 threshold shall not apply to a claim of discrimination be12 cause of race, color, or national origin or to a place of 

13 public accommodation covered under paragraphs (1) 

14 through (8);’’; and 

15 (D) by inserting after paragraph (10) the 

16 following: 

17 ‘‘(11)(A) The provisions of this title shall not 

18 apply to— 

19 ‘‘(i) any building or collection of buildings 

20 that is used primarily as a denominational 

21 headquarters, church administrative office, or 

22 church conference center; 

23 ‘‘(ii) a place of worship, such as a church, 

24 synagogue, mosque, chapel, and its appurtenant 

25 properties used primarily for religious purposes; 


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1 ‘‘(iii) a religious educational institution 

2 and its appurtenant properties used primarily 

3 for religious purposes; 

4 ‘‘(iv) in connection with a religious celebra5 tion or exercise: a facility that is supervised by 

6 a priest, pastor, rabbi, imam, or minister of any 

7 faith, or religious certifying body, and that is 

8 principally engaged in providing food and bev9 erages in compliance with religious dietary re10 quirements; or 

11 ‘‘(v) any online operations or activities of 

12 an organization exempt under this section. 

13 ‘‘(B) The following shall not be a place of pub14 lic accommodation, even if used for a commercial 

15 purpose, except within the area and during the time 

16 that the property or facility is open to the public; 

17 operated primarily for a commercial purpose; and 

18 not primarily related to the inculcation, promotion, 

19 or expression of religion— 

20 ‘‘(i) other appurtenant properties or facili21 ties owned or operated by a church, by another 

22 house of worship, or by a religious educational 

23 institution; or 

24 ‘‘(ii) a property owned or operated pri25 marily for noncommercial purposes by a nonVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 profit religious corporation that holds itself out 

2 to the public as substantially religious, has as 

3 its stated purpose in its organic documents that 

4 it is religious, and is substantially religious in 

5 its current operations. 

6 ‘‘(C) Subparagraphs (A) and (B) shall not 

7 apply to a person or entity that discriminates be8 cause of race, color, or national origin with respect 

9 to a property or facility enumerated in subparagraph 

10 (A) or (B). 

11 ‘‘(12) Provided that equivalent treatment, serv12 ices, facilities, and benefits are made available and 

13 without prejudicing rights or protections based on 

14 any other protected class status— 

15 ‘‘(A) nothing in this title that refers to 

16 ‘sex’ shall be construed to prevent a fitness cen17 ter, spa, or similar place, whose services or fa18 cilities are intended for the exclusive use of per19 sons of the same sex, from providing the use of 

20 those services or facilities exclusively to persons 

21 of that sex or prohibit a place of public accom22 modation from temporarily restricting access to 

23 a fitness center, spa, pool, or similar place, ac24 cording to sex; and 


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1 ‘‘(B) a place of public accommodation shall 

2 reasonably accommodate a patron who requests 

3 greater privacy within a facility intended for the 

4 exclusive use of persons of the same sex. 

5 ‘‘(13) Nothing in this title shall be construed to 

6 require or prohibit any person, or public or private 

7 entity, to provide or pay for any benefit or service, 

8 including the use of facilities, related to an abortion. 

9 Nothing in this title shall be construed to permit a 

10 penalty to be imposed on any person or any indi11 vidual because such person or individual is seeking 

12 or has received any benefit or service related to a 

13 legal abortion.’’; and 

14 (3) by adding at the end of subsection (e) the 

15 following: 

16 ‘‘(f) DEFINITIONS.—For purposes of this title: 

17 ‘‘(1) The term ‘gender identity’ means the gen18 der-related identity, appearance, mannerisms, or 

19 other gender-related characteristics of an individual, 

20 without regard to the individual’s designated sex at 

21 birth. A person’s gender identity can be shown by 

22 providing evidence, including medical history, care or 

23 treatment of the gender identity, consistent and uni24 form assertion of the gender identity, or other evi25 dence that the gender identity is sincerely held, part 


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1 of a person’s core identity, and not being asserted 

2 for an improper purpose. 

3 ‘‘(2) The term ‘sexual orientation’ means homo4 sexuality, heterosexuality, or bisexuality. 

5 ‘‘(3) The term ‘online retailer or provider of on6 line services’ means a web page by a commercial 

7 business not enumerated in paragraph (11) that in8 vites the general public to purchase a good or service 

9 by use of a credit card or similar payment device 

10 over the internet. It does not mean a web page that 

11 gives information about a good or service, including 

12 quality, price, or availability, but does not permit 

13 such purchase directly from the web page. 

14 ‘‘(4) The terms ‘religion’ and ‘religious’ include 

15 all aspects of religious belief, observance, and prac16 tice, whether or not compelled by, or central to, a 

17 system of religion. 

18 ‘‘(5) The term ‘religious corporation, associa19 tion, educational institution, or society’ includes— 

20 ‘‘(A) a church, synagogue, mosque, temple, 

21 or other house of worship; 

22 ‘‘(B) a nonprofit corporation, association, 

23 educational institution, society, or other non24 profit entity that is, in whole or in substantial 

25 part, owned, supported, controlled, or managed 


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1 by a particular religion or by a particular 

2 church, denomination, convention, or associa3 tion of churches or other houses of worship; or 

4 ‘‘(C) a nonprofit corporation, association, 

5 educational institution, society, or other non6 profit entity that holds itself out to the public 

7 as substantially religious, has as its stated pur8 pose in its organic documents that it is reli9 gious, and is substantially religious in its cur10 rent operations. 

11 ‘‘(g) ADDITIONAL FACILITIES NOT REQUIRED.— 

12 Nothing in this title shall be construed to require the con13 struction of new or additional facilities.’’. 

14 SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY 

15 FUNDED PROGRAMS. 

16 The Civil Rights Act of 1964 (42 U.S.C. 2000d) is 

17 amended— 

18 (1) in section 601, by inserting ‘‘sex, sexual ori19 entation, gender identity,’’ before ‘‘or national ori20 gin.’’; 

21 (2) in section 601, by adding at the end the fol22 lowing: 

23 ‘‘Nothing in sections 602 through 614 of this title shall 

24 be construed to alter or amend this section with respect 


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1 to discrimination on the ground of race, color, or national 

2 origin.’’; 

3 (3) in section 606, by striking ‘‘For the pur4 poses of this title’’ and inserting ‘‘Subject to section 

5 607, for the purposes of this title’’; and 

6 (4) by adding at the end the following: 

7 ‘‘SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED 

8 FOR PURPOSES OF RELIGIOUS ENTITIES AS 

9 APPLIED TO SEX, SEXUAL ORIENTATION, OR 

10 GENDER IDENTITY. 

11 ‘‘For the purposes of this title, as applied to sex, sex12 ual orientation, and gender identity, for any religious cor13 poration, association, educational institution, or society, 

14 the term ‘program or activity’ and the term ‘program’ are 

15 limited to any specific program or activity, or part thereof, 

16 that receives Federal financial assistance. Any penalty or 

17 loss of Federal financial assistance assessed against such 

18 a religious entity shall be limited to the program or activ19 ity or program, or part thereof, that is determined to have 

20 violated section 601. 

21 ‘‘SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS 

22 RECEIVING ASSISTANCE. 

23 ‘‘(a) IN GENERAL.—An otherwise qualified religious 

24 provider shall be eligible to receive Federal financial as25 sistance for a particular service without regard to the proVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 vider’s religious views or teachings, notwithstanding sec2 tion 2000d. Subject to this title, a religious organization 

3 that applies for, or participates in, a program or activity 

4 receiving Federal financial assistance shall retain its inde5 pendence and may continue to carry out its mission, in6 cluding the definition, development, and expression of its 

7 religious beliefs. 

8 ‘‘(b) SPECIFIC SAFEGUARDS.—Nothing in this title 

9 prohibits a religious organization receiving Federal finan10 cial assistance from using space in its buildings and other 

11 facilities to conduct its program or activities where there 

12 is religious art, icons, messages, scriptures, or other sym13 bols. Additionally, the organization retains authority over 

14 its internal governance and thus may have religious words 

15 in the organization’s name, select members of its gov16 erning board based on religious criteria, and have religious 

17 references in its mission statement and other governing 

18 documents. 

19 ‘‘(c) EDUCATIONAL AND CHILDCARE INSTITU20 TIONS.—A religious educational institution or daycare 

21 center may enforce with reasonable consistency written re22 ligious standards in its admission criteria, educational pro23 grams, student retention policies, or residential life policy, 

24 unless those standards would exclude or remove a student 

25 solely because of a prohibited classification under section 


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1 601 with respect to that student’s parent or legal guard2 ian. 

3 ‘‘(d) MARRIAGE AND FAMILY EDUCATION, 

4 STRENGTHENING, AND COUNSELING PROGRAMS.—For 

5 purposes of sexual orientation and gender identity, a reli6 gious corporation, association, educational institution, or 

7 society receiving Federal financial assistance shall be 

8 deemed in compliance with section 601 notwithstanding 

9 the content of any marriage or family education, strength10 ening, or counseling programming, provided that the re11 cipient does not exclude beneficiaries on the basis of sexual 

12 orientation or gender identity. 

13 ‘‘(1) REFERRAL OBLIGATION.—If a beneficiary 

14 or prospective beneficiary objects to the religious 

15 character of the recipient, the recipient will under16 take reasonable efforts as described in subsection 

17 (d)(2) to identify and refer the beneficiary to an al18 ternative provider to which the beneficiary has no 

19 objection; however, the recipient is not obligated to 

20 guarantee that in every instance an alternative pro21 vider will be available. 

22 ‘‘(2) AGENCY RESPONSIBILITIES.—Each agency 

23 responsible for administering or supporting a social 

24 service program with Federal financial assistance 


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1 shall establish policies and procedures designed to 

2 ensure that— 

3 ‘‘(A) appropriate and timely referrals are 

4 made to an alternative provider; 

5 ‘‘(B) all referrals are made in a manner 

6 consistent with all applicable privacy laws and 

7 regulations; 

8 ‘‘(C) the recipient subject to subsection 

9 (d)(1) notifies the agency of any referral; 

10 ‘‘(D) such recipient has established a proc11 ess for determining whether the beneficiary has 

12 contacted the alternative provider; and 

13 ‘‘(E) each beneficiary of a marriage or 

14 family education, strengthening, or counseling 

15 program that receives Federal financial assist16 ance receives written notice of the protections 

17 set forth in this section prior to enrolling in or 

18 receiving services from such program. 

19 ‘‘(3) RECIPIENT’S RESPONSIBILITIES.—The re20 ferral obligation of the recipient under section (d)(2) 

21 shall be satisfied by the recipient if it— 

22 ‘‘(A) makes appropriate and timely refer23 rals to an alternative provider; 

24 ‘‘(B) refers in a manner consistent with all 

25 applicable privacy laws and regulations; 


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1 ‘‘(C) notifies the agency of the referral; 

2 ‘‘(D) has established a process for deter3 mining whether the beneficiary has contacted 

4 the alternative provider; and 

5 ‘‘(E) can demonstrate that each bene6 ficiary of a social service program received writ7 ten notice of the protections set forth in this 

8 section prior to enrolling in or receiving services 

9 from such program. 

10 ‘‘SEC. 609. SPECIALIZED FEDERAL FINANCIAL ASSISTANCE 

11 TO AN ENTIRE ENTITY. 

12 ‘‘(a) Any religious corporation, association, edu13 cational institution, or society that is otherwise eligible for 

14 Federal financial assistance that is awarded to entities to 

15 support the safety or infrastructure of the entity cannot 

16 be excluded from assistance because of its religious beliefs 

17 or practices. Such assistance includes Federal financial as18 sistance for historic preservation, disaster recovery, or fa19 cilities security. The religious corporation, association, 

20 educational institution, or society shall be deemed in com21 pliance with section 601, provided that funds used for pro22 curement from a third-party vendor must be used in a 

23 manner that complies with section 601. 

24 ‘‘(b) For the purposes of this subsection, a religious 

25 educational institution or daycare center that receives 


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1 funds under the Richard B. Russell National School 

2 Lunch Act shall not be deemed a recipient of Federal fi3 nancial assistance. 

4 ‘‘SEC. 610. FEDERAL FINANCIAL ASSISTANCE FOR ADOP5 TION AND FOSTER CARE. 

6 ‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION

7 OF POLICY.—The Congress hereby finds and declares the 

8 following: 

9 ‘‘(1) At-risk children deserve a safe and caring 

10 family, and reducing the number of vulnerable chil11 dren without a permanent home is in the Federal in12 terest. 

13 ‘‘(2) There is a national deficit in the number 

14 of adoptive and foster parents and the private agen15 cies qualified to serve these children. Federal and 

16 State governments should cooperate to encourage 

17 new agencies to join the effort to serve the needs of 

18 vulnerable children, alongside private agencies that 

19 have already been doing that crucial work for dec20 ades, including agencies whose commitment to serve 

21 arises from profound religious convictions. 

22 ‘‘(3) By providing safe and welcoming homes to 

23 vulnerable children, adoptive and foster care parents 

24 serve the best interests of children and contribute to 

25 the common good of our communities in ways that 


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1 are irreplaceable. Such parents should be empowered 

2 to adopt children based on their merits as parents, 

3 without being thwarted by discriminatory obstacles. 

4 ‘‘(4) By finding safe and welcoming homes for 

5 vulnerable children, religious and other providers of 

6 adoption and foster care services, facilitate connec7 tions between good parents and vulnerable children. 

8 In doing so, such providers also contribute to the 

9 common good of our communities in ways that are 

10 irreplaceable. 

11 ‘‘(5) The indirect funding program created by 

12 this section is intended to be a permanent and fully 

13 funded program that links vulnerable children to 

14 good parents in order to serve the best interests of 

15 children. This indirect funding program will do so by 

16 ensuring that diverse adoption and foster-care pro17 viders, including religious providers, will continue to 

18 receive Federal financial assistance. 

19 ‘‘(6) Therefore, it is the policy of the Federal 

20 Government to protect the best interests of at-risk 

21 children by establishing minimum Federal standards 

22 that guarantee the equal treatment of qualified fam23 ilies seeking to offer foster care or adoption and an 

24 equal respect for the diversity of private agencies, 

25 including religious agencies, that provide adoption 


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1 and foster care services. This section shall be con2 strued in a manner consistent with these findings 

3 and declaration of policy. 

4 ‘‘(b) NONDISCRIMINATION REQUIREMENTS.—Fed5 eral financial assistance for adoption, foster care, or re6 lated services is subject to section 601, unless otherwise 

7 provided in this section. Any entity that receives Federal 

8 financial assistance to perform adoption or foster care 

9 placements or related services, or that contracts with an 

10 entity that receives Federal financial assistance for those 

11 services, except for a private agency when participating 

12 in the indirect funding program as described under sub13 section (c)(2)(B) or (d)(1), may not in the course of per14 forming an adoption, foster care, or related service dis15 criminate against a prospective parent or a child because 

16 of race, color, national origin, sex, sexual orientation, or 

17 gender identity. 

18 ‘‘(1) An entity unlawfully discriminates against 

19 a prospective parent by— 

20 ‘‘(A) denying to any qualified person equal 

21 access to or equal treatment during the adop22 tion or foster care evaluation and placement 

23 process because of the race, color, national ori24 gin, sex, sexual orientation or gender identity of 


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1 the qualified prospective adoptive or foster par2 ent or of the child involved; 

3 ‘‘(B) delaying or denying the placement of 

4 a child for adoption or into foster care because 

5 of the race, color, national origin, sex, sexual 

6 orientation, or gender identity of the qualified 

7 prospective adoptive or foster parent, or of the 

8 child involved; 

9 ‘‘(C) requiring different or additional 

10 screenings, processes, or procedures for adop11 tive or foster care placement because of the 

12 race, color, national origin, sex, sexual orienta13 tion, or gender identity of the qualified prospec14 tive adoptive or foster parent, or of the child in15 volved; 

16 ‘‘(D) requiring a qualified prospective fos17 ter parent to subscribe to subparagraph (D) or 

18 (E) of section (b)(2); or 

19 ‘‘(E) excluding a qualified prospective 

20 adoptive or foster parent because of the par21 ent’s religion. 

22 ‘‘(2) An entity unlawfully discriminates against 

23 a child by— 

24 ‘‘(A) denying to any qualified person equal 

25 access to or equal treatment during the adopVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 tion or foster care evaluation and placement 

2 process because of the race, color, national ori3 gin, sex, sexual orientation, or gender identity 

4 of the qualified prospective adoptive or foster 

5 parent, or of the child involved; 

6 ‘‘(B) delaying or denying the placement of 

7 a child for adoption or into foster care because 

8 of the race, color, national origin, sex, sexual 

9 orientation, or gender identity of the qualified 

10 prospective adoptive or foster parent, or of the 

11 child involved; 

12 ‘‘(C) requiring different or additional 

13 screenings, processes, or procedures for adop14 tive or foster care placement because of the 

15 race, color, national origin, sex, sexual orienta16 tion, or gender identity of the qualified prospec17 tive adoptive or foster parent, or of the child in18 volved; 

19 ‘‘(D) treating a child in the legal custody 

20 of the State inconsistently with the child’s gen21 der identity, as demonstrated by the child’s 

22 medical history, care or treatment of the child’s 

23 gender identity, consistent and uniform asser24 tion of the gender identity, or other evidence 

25 that the gender identity is sincerely held, is 


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1 part of the child’s core identity, and is not 

2 being asserted for an improper purpose; or 

3 ‘‘(E) subjecting any child in the legal cus4 tody of the State to any practice or treatment 

5 that seeks to change the child’s sexual orienta6 tion or gender identity. It shall be lawful for a 

7 professional counselor licensed by the State to 

8 assist a minor, without regard to sexual ori9 entation or gender identity, to prevent or ad10 dress unlawful conduct or unsafe sexual prac11 tices. 

12 ‘‘(c) INDIRECT FUNDING OF ADOPTION AND FOSTER

13 CARE SERVICES.— 

14 ‘‘(1) ESTABLISHMENT OF INDIRECT FUNDING

15 PROGRAM.—The Department of Health and Human 

16 Services, the Social Security Administration, the De17 partment of State, and any other agency authorized 

18 by Federal law to administer Federal financial as19 sistance for the support of adoption and foster care 

20 services shall issue final rules within two years of 

21 the enactment of this Act to create an indirect fund22 ing program that delivers Federal financial assist23 ance to eligible prospective parents for the purpose 

24 of obtaining such services through a qualified private 

25 agency that they select. 


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1 ‘‘(A) This indirect funding program will 

2 entitle a qualified State resident to receive a 

3 certificate to assist with the costs of a personal 

4 assessment, background check, home study, en5 dorsement, certification of a person’s eligibility 

6 to act as the guardian of a child in foster care 

7 or as the parent of a child available for adop8 tion, and placement of a child with an eligible 

9 individual or family. 

10 ‘‘(B) A substantial proportion of appro11 priated Federal financial assistance for adop12 tion or foster care services, including assistance 

13 available under part B and part E of title IV 

14 of the Social Security Act, shall be allocated to 

15 fund the indirect funding program through the 

16 issuance of a certificate to eligible prospective 

17 parents. 

18 ‘‘(C) Each certificate shall be worth an 

19 amount to be determined through agency rule20 making, but in no event less than $3,000 as in21 dexed to the Consumer Price Index as of Janu22 ary 1, 2019. 

23 ‘‘(D) Participation in this indirect funding 

24 program may not be delayed or denied because 

25 of a State resident’s race, color, national origin, 


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1 religion, sex, sexual orientation, or gender iden2 tity. 

3 ‘‘(E) The responsible Federal agencies 

4 shall establish policies and procedures designed 

5 to ensure that where a referral is required by 

6 this section— 

7 ‘‘(i) an appropriate and timely referral 

8 is made to an alternative provider; 

9 ‘‘(ii) all referrals are made in a man10 ner consistent with applicable privacy laws 

11 and regulations; 

12 ‘‘(iii) the provider of adoption and fos13 ter care placement or related services noti14 fies the agency of any referral; and 

15 ‘‘(iv) each applicant for and recipient 

16 of adoption or foster care placement or re17 lated services from a provider that receives 

18 Federal financial assistance will receive 

19 written notice from the provider of the pro20 tections set forth in this section when ap21 plying for or receiving such services. 

22 ‘‘(2) IMPLEMENTATION OF INDIRECT FUNDING

23 PROGRAM.— 

24 ‘‘(A) APPROVED STATE PLAN.—To be eli25 gible for Federal financial assistance for adopVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 tion or foster care services under part B or part 

2 E of title IV of the Social Security Act, a State 

3 must develop a written plan approved by the 

4 Secretary of the Department of Health and 

5 Human Services providing that— 

6 ‘‘(i) the State has established rules, 

7 policies, and procedures within 6 months 

8 after issuance of final rules under sub9 section (c)(1) that ensures the State’s full 

10 participation in the indirect funding pro11 gram by making available to each qualified 

12 State resident on request a certificate as 

13 prescribed by subsection (c)(1), to be used 

14 solely for the services enumerated in sub15 section (c)(1). This certificate may com16 mingle funding from Federal and State 

17 sources, and such commingled revenues 

18 shall be deemed Federal financial assist19 ance; 

20 ‘‘(ii) the State uses its best efforts to 

21 increase the number of private organiza22 tions within each catchment area that are 

23 qualified to provide foster care and adop24 tion services, including organizations willVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 ing to serve all qualified prospective par2 ents; 

3 ‘‘(iii) the State publishes and main4 tains a current list of licensed adoption 

5 and foster care providers with offices in 

6 the State, by catchment area, which list 

7 will identify providers that serve all appli8 cants, as well as those that serve particular 

9 communities and those that provide par10 ticular services; 

11 ‘‘(iv) the State performs a prompt and 

12 cost-free eligibility assessment for every 

13 prospective parent who applies for a cer14 tificate, informs every eligible prospective 

15 parent of the licensed adoption and foster 

16 care providers in the participant’s 

17 catchment area, and may provide addi18 tional information to facilitate the prospec19 tive parent’s selection of a provider; 

20 ‘‘(v) any State resident eligible to act 

21 as a foster parent or adoptive parent has 

22 an equal opportunity to obtain adoption or 

23 foster care related services from a provider 

24 who accepts the certificate described in 

25 section (c)(1); and 


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1 ‘‘(vi) when a qualified individual seek2 ing adoption or foster care placement or 

3 related services is unable to obtain such 

4 services from a particular provider— 

5 ‘‘(I) there is at least one other 

6 willing and qualified provider of such 

7 service in the same or adjacent 

8 catchment area that will serve all 

9 qualified individuals; 

10 ‘‘(II) the provider gives an appro11 priate and timely referral to at least 

12 one alternative provider; 

13 ‘‘(III) each referral is made in a 

14 manner consistent with applicable pri15 vacy laws and regulations; and 

16 ‘‘(IV) the provider of adoption 

17 and foster care placement or related 

18 services notifies the State of any re19 ferral that is issued. 

20 ‘‘(B) PROTECTIONS FOR PRIVATE AGEN21 CIES.—No State or local government may— 

22 ‘‘(i) deny any licensed provider of 

23 adoption or foster care placement or re24 lated services the opportunity to particiVerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 pate in the certificate program prescribed 

2 by subsection (c)(1); 

3 ‘‘(ii) deny any licensed provider of 

4 adoption or foster care placement or re5 lated services reasonable payment for serv6 ices actually rendered in reliance on a cer7 tificate; 

8 ‘‘(iii) require a provider of adoption or 

9 foster care placement or related services to 

10 perform such services in a particular in11 stance as a condition of participating in 

12 the certificate program prescribed by sub13 section (c)(1), unless such service is re14 quired by Federal law or imposed pursuant 

15 to an agreement between the provider and 

16 the State that compensates the provider 

17 for such service exclusively with State reve18 nues; and 

19 ‘‘(iv) withhold, suspend, or terminate 

20 contracts, cooperative agreements, grants, 

21 or other financial assistance when a pro22 vider of adoption or foster care placement 

23 or related services takes any action per24 mitted under this title. 


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1 ‘‘(3) AUTHORITY TO WITHHOLD FUNDS.—If a 

2 State fails to participate in the indirect funding pro3 gram, develop an appropriate State plan, or to com4 ply with this section in any other respect, the Sec5 retary shall, after appropriate notice and failure to 

6 comply, withhold payment to the State of amounts 

7 otherwise payable under part B or E of title IV of 

8 the Social Security Act (42 U.S.C. 621 et seq., 670 

9 et seq.), to the extent that the Secretary deems the 

10 withholding necessary to induce compliance. A State 

11 may elect not to comply with its duties under this 

12 section on condition that it declines Federal financial 

13 assistance for adoption and foster care. 

14 ‘‘(d) PRIVATE RECIPIENTS OF FEDERAL FINANCIAL

15 ASSISTANCE.— 

16 ‘‘(1) PROTECTION FOR DIVERSE PROVIDERS.— 

17 A private organization that is eligible to receive Fed18 eral financial assistance through the certificate pro19 gram prescribed by subsection (c)(1) for providing 

20 any adoption or foster care placement or related 

21 services may— 

22 ‘‘(A) decline to accept a certificate without 

23 being obligated to perform a particular service, 

24 despite receiving certificates to perform other 

25 covered adoption or foster care services, so long 


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1 as the provider gives a referral to the certificate 

2 holder consistent with section (c)(2)(A)(vi)(II)– 

3 (IV); or 

4 ‘‘(B) after accepting a certificate, facilitate 

5 a mutually voluntary referral that does not un6 reasonably delay or disrupt the adoption or fos7 ter care evaluation and placement process. 

8 ‘‘(2) MISREPRESENTATION.—After accepting a 

9 certificate, a provider of adoption or foster care serv10 ices may terminate its relationship with a prospec11 tive parent who makes a material misrepresentation 

12 of a fact that the prospective parent knew or should 

13 have known that the agency specifically requested. 

14 Such agency shall provide a referral consistent with 

15 subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose 

16 its right under subsection (c)(2)(B)(ii) to reasonable 

17 payment for services actually performed. 

18 ‘‘(3) PROTECTION FOR CUSTODIAL PARENTS.— 

19 A private organization that has received Federal fi20 nancial assistance through the certificate program 

21 prescribed by subsection (c)(1) shall not discriminate 

22 against the custodial parent of a child in foster care 

23 because of the custodial parent’s race, color, national 

24 origin, religion, sex, sexual orientation, or gender 

25 identity with respect to the monitoring of a parent 


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1 whom the provider has previously endorsed or with 

2 whom the provider has placed a child. 

3 ‘‘(e) MISCELLANEOUS.— 

4 ‘‘(1) CUSTODY OF CHILD IN FOSTER CARE.— 

5 For purposes of this section, a child in foster care 

6 shall be deemed to be in the legal custody of the 

7 State. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

9 this section shall be construed to prohibit an entity 

10 receiving Federal financial assistance for adoption, 

11 foster care, or related services from making an indi12 vidualized placement assessment in the best interest 

13 of the child’s health, safety, and welfare. 

14 ‘‘(3) EFFECTIVE DATES.— 

15 ‘‘(A) IN GENERAL.—Except as described in 

16 subsection (e)(1)(B), the protections under sub17 section (b) shall become effective on the date of 

18 enactment. 

19 ‘‘(B) RELIGIOUS PROVIDER EXEMPTION.— 

20 ‘‘(i) Section (b)(1) shall come into ef21 fect with respect to a religious adoption or 

22 foster care provider 12 months after the 

23 State where the provider operates has im24 plemented the certificate program as de25 scribed in section (c)(2)(A). 


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1 ‘‘(ii) If the certificate program is not 

2 substantially funded as required by sub3 section (c), the protections described by 

4 subsection (b)(1) shall become unenforce5 able as to a religious adoption or foster 

6 care provider until funding is provided or 

7 restored. 

8 ‘‘(iii) For purposes of this section, ‘re9 ligious adoption or foster care provider’ 

10 means a licensed or accredited nonprofit 

11 provider of adoption or foster care services 

12 that— 

13 ‘‘(I) is in whole or substantial 

14 part, owned, supported, controlled, or 

15 managed by a particular religion or by 

16 a particular church, denomination, 

17 convention, or association of churches 

18 or other houses of worship; or 

19 ‘‘(II) holds itself out to the public 

20 as substantially religious, has as its 

21 stated purpose in its organic docu22 ments that it is religious, and is sub23 stantially religious in its current oper24 ations. 

25 ‘‘(4) PRIVATE RIGHTS OF ACTION.— 


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1 ‘‘(A) Nothing in this section shall be con2 strued to authorize a right of action against a 

3 private organization for the exercise of rights 

4 provided under subsection (d)(1). 

5 ‘‘(B) A private right of action may be 

6 brought by a private organization under section 

7 1107. 

8 ‘‘(5) SUPPLANTING PROHIBITED.—Any Federal 

9 funds received under this section shall be used to 

10 supplement, not supplant, non-Federal funds that 

11 would otherwise be available for activities funded 

12 under this subchapter. 

13 ‘‘(6) EFFECT ON FEDERAL LAWS RESPECTING

14 RACIAL DISCRIMINATION.—Nothing in this section 

15 shall be construed to alter, affect, or supersede any 

16 Federal law that addresses discrimination because of 

17 race, color, or national origin by any State or private 

18 organization that receives Federal financial assist19 ance for adoption or foster care placement or related 

20 services. 

21 ‘‘(7) APPLICATION TO STATES WITH WAIV22 ERS.—For any State that, on the date of enactment 

23 of this Act, has in effect a waiver approved under 

24 section 1130 of the Social Security Act (42 U.S.C. 

25 1320a–9), the amendments to this title shall not 


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1 apply to that State before the expiration of the waiv2 er (determined without regard to any extensions), to 

3 the extent that an amendment is inconsistent with 

4 the terms of the waiver. 

5 ‘‘(8) EFFECT ON STATE LAWS.—Nothing in 

6 this section shall be construed to supersede a State 

7 or local law, policy, or contract addressing the legal 

8 conditions of receiving Government funding for 

9 adoption or foster care services, provided that the 

10 State or local law does not directly conflict with this 

11 section. 

12 ‘‘SEC. 611. SEX-SPECIFIC SEGREGATION OR PROGRAMS. 

13 ‘‘(a) If sex segregation or sex-specific programming 

14 is necessary to the essential operation of a program or 

15 activity, nothing in this title shall prevent any such pro16 gram or activity from considering an individual’s sex, pro17 vided that where appropriate to accomplish the purpose 

18 of the program or activity, individuals are treated in ac19 cordance with their gender identity. 

20 ‘‘(b) An educational institution receiving Federal fi21 nancial assistance shall reasonably accommodate a student 

22 who requests greater privacy with respect to the use of 

23 a facility designated for the exclusive use of persons of 

24 the same sex, provided that the accommodation does not 

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1 dent has a right of access or otherwise prejudice any right 

2 or privilege protected under this title. 

3 ‘‘(c) Nothing in this title shall be construed to alter 

4 or affect the Violence Against Women Act of 1994. 

5 ‘‘SEC. 612. NEUTRALITY WITH RESPECT TO ABORTION. 

6 ‘‘Nothing in this title shall be construed to require 

7 or prohibit any person, or public or private entity, to pro8 vide or pay for any benefit or service, including the use 

9 of facilities, related to an abortion. Nothing in this title 

10 shall be construed to permit a penalty to be imposed on 

11 any person or any individual because such person or indi12 vidual is seeking or has received any benefit or service re13 lated to a legal abortion. 

14 ‘‘SEC. 613. NO EFFECT ON TITLE IX. 

15 ‘‘Nothing contained in this title shall be construed to 

16 alter or affect title IX of the Education Amendments of 

17 1972 (20 U.S.C. 1681 et seq.). Any claim that a person 

18 has been excluded because of sex from participation in, 

19 or denied the benefits of, or subjected to discrimination 

20 with respect to any education program or activity that re21 ceives Federal financial assistance shall be governed by 

22 title IX and not this title. 

23 ‘‘SEC. 614. ADDITIONAL DEFINITIONS. 

24 ‘‘For purposes of this title: 


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1 ‘‘(1) The term ‘gender identity’ means the gen2 der-related identity, appearance, mannerisms, or 

3 other gender-related characteristics of an individual, 

4 without regard to the individual’s designated sex at 

5 birth. A person’s gender identity can be shown by 

6 providing evidence, including medical history, care or 

7 treatment of the gender identity, consistent and uni8 form assertion of the gender identity, or other evi9 dence that the gender identity is sincerely held, part 

10 of a person’s core identity, and not being asserted 

11 for an improper purpose. 

12 ‘‘(2) The terms ‘religion’ and ‘religious’ include 

13 all aspects of religious belief, observance, and prac14 tice, whether or not compelled by, or central to, a 

15 system of religion. 

16 ‘‘(3) The term ‘religious corporation, associa17 tion, educational institution, or society’ includes— 

18 ‘‘(A) a church, synagogue, mosque, temple, 

19 or other house of worship; 

20 ‘‘(B) a nonprofit corporation, association, 

21 educational institution, society, or other non22 profit entity that is, in whole or substantial 

23 part, owned, supported, controlled, or managed 

24 by a particular religion or by a particular 


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1 church, denomination, convention, or associa2 tion of churches or other houses of worship; or 

3 ‘‘(C) a nonprofit corporation, association, 

4 educational institution, society, or other non5 profit entity that holds itself out to the public 

6 as substantially religious, has as its stated pur7 pose in its organic documents that it is reli8 gious, and is substantially religious in its cur9 rent operations. 

10 ‘‘(4) The term ‘religious educational institution’ 

11 includes any preschool, primary, secondary or post12 secondary educational institution that is— 

13 ‘‘(A) in whole or in substantial part, 

14 owned, supported, controlled, or managed by a 

15 particular religion or by a particular church, de16 nomination, convention, or association of 

17 churches or other houses of worship; or 

18 ‘‘(B) a nonprofit corporation organized for 

19 educational purposes that holds itself out to the 

20 public as substantially religious, has as its stat21 ed purpose in its organic documents that it is 

22 religious, and is substantially religious in its 

23 current operations. 

24 ‘‘(5) The term ‘sexual orientation’ means homo25 sexuality, heterosexuality, or bisexuality.’’. 


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1 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 

2 (a) DEFINITIONS.—Section 701 of the Civil Rights 

3 Act of 1964 (42 U.S.C. 2000e) is amended— 

4 (1) in subsection (j) by inserting ‘‘(1)’’ after 

5 ‘‘(j)’’; 

6 (2) in subsection (j)(1) by inserting ‘‘, after ini7 tiating and engaging in an affirmative and bona fide 

8 effort,’’ after ‘‘unable’’; 

9 (3) in subsection (j)(1) by striking ‘‘an employ10 ee’s’’ and all that follows through ‘‘religious’’ and in11 serting ‘‘an employee’s religious’’; 

12 (4) by adding at the end of subsection (j)(1) 

13 the following: 

14 ‘‘(2)(A) In this subsection, the term ‘employee’ 

15 includes an employee (as defined in subsection (f)), 

16 or a prospective employee, who, with or without rea17 sonable accommodation, is qualified to perform the 

18 essential functions of the employment position that 

19 such individual holds or desires. 

20 ‘‘(B) In this paragraph, the term ‘perform the 

21 essential functions’ includes carrying out the core re22 quirements of an employment position and does not 

23 include carrying out practices relating to clothing, 

24 practices relating to taking time off, or other prac25 tices that may have a temporary or tangential im26 pact on the ability to perform job functions, if any 


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1 of the practices described in this subparagraph re2 strict the ability to wear religious clothing, to take 

3 time off for a holy day, or to participate in a reli4 gious observance or practice. 

5 ‘‘(3) In this subsection, the term ‘undue hard6 ship’ means an accommodation requiring significant 

7 difficulty or expense. 

8 ‘‘(A) For purposes of determining whether 

9 an accommodation requires significant difficulty 

10 or expense, factors to be considered in making 

11 the determination shall include— 

12 ‘‘(i) the identifiable cost of the accom13 modation, including the costs of loss of 

14 productivity and of retraining or hiring 

15 employees or transferring employees from 

16 one facility to another; 

17 ‘‘(ii) the overall financial resources 

18 and size of the employer involved, relative 

19 to the number of its employees; 

20 ‘‘(iii) for an employer with multiple 

21 facilities, the geographic separateness or 

22 administrative or fiscal relationship of the 

23 facilities; and 

24 ‘‘(iv) whether the accommodation will 

25 obstruct the employer from providing its 


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1 customers or clients the full and equal en2 joyment of the goods, services, facilities, 

3 privileges, advantages, and accommoda4 tions offered. 

5 ‘‘(B) An employer shall not be required to 

6 provide an accommodation that will result in 

7 the violation of Federal or State law nor result 

8 in liability for a hostile work environment.’’; 

9 and 

10 (5) by inserting after subsection (n) the fol11 lowing: 

12 ‘‘(o)(1) The term ‘gender identity’ means the gender13 related identity, appearance, mannerisms, or other gender14 related characteristics of an individual, without regard to 

15 the individual’s designated sex at birth. A person’s gender 

16 identity can be shown by providing evidence, including 

17 medical history, care or treatment of the gender identity, 

18 consistent and uniform assertion of the gender identity, 

19 or other evidence that the gender identity is sincerely held, 

20 part of a person’s core identity, and not being asserted 

21 for an improper purpose. 

22 ‘‘(2) The term ‘sexual orientation’ means homosex23 uality, heterosexuality, or bisexuality. 


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1 ‘‘(3) The terms ‘religion’ and ‘religious’ include all 

2 aspects of religious belief, observance, and practice, wheth3 er or not compelled by, or central to, a system of religion. 

4 ‘‘(4) The term ‘religious corporation, association, 

5 educational institution, or society’ includes— 

6 ‘‘(A) a church, synagogue, mosque, temple, or 

7 other house of worship; 

8 ‘‘(B) a nonprofit corporation, association, edu9 cational institution, society, or other nonprofit entity 

10 that is, in whole or substantial part, owned, sup11 ported, controlled, or managed by a particular reli12 gion or by a particular church, denomination, con13 vention, or association of churches or other houses 

14 of worship; or 

15 ‘‘(C) a nonprofit corporation, association, edu16 cational institution, society, or other nonprofit entity 

17 that holds itself out to the public as substantially re18 ligious, has as its stated purpose in its organic docu19 ments that it is religious, and is substantially reli20 gious in its current operations.’’. 

21 (b) EXEMPTION.—Section 702(a) of the Civil Rights 

22 Act of 1964 (42 U.S.C. 2000e–1(a)) is amended— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

24 (2) by striking ‘‘State, or’’ and inserting the 

25 following: 


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1 ‘‘State. 

2 ‘‘(2)(A) This title shall not apply’’; and 

3 (3) by adding at the end of paragraph (2) the 

4 following: 

5 ‘‘(B) EXEMPT ORGANIZATIONS.—With respect 

6 to claims of employment discrimination because of 

7 sexual orientation or gender identity, nothing in this 

8 subchapter shall apply to the following: 

9 ‘‘(i) a church or its integrated auxiliaries, 

10 a convention or association of churches, or a re11 ligious order, as described in section 

12 6033(a)(3)(A)(i) and section 6033(a)(3)(A)(iii) 

13 of the Internal Revenue Code of 1986; 

14 ‘‘(ii) a religious organization described in 

15 sections 501(c)(3) and 509(a)(1), (2), or (3) 

16 that is covered by an Internal Revenue Service 

17 group exemption letter issued to a church or a 

18 convention or association of churches; 

19 ‘‘(iii) a religious educational institution 

20 that is eligible for exemption under section 

21 703(e)(2) of this subchapter; 

22 ‘‘(iv) a religious corporation, association, 

23 or society under section 702(a) of this sub24 chapter that is eligible for tax-exempt status 

25 under section 501(c)(3) of the Internal Revenue 


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1 Code of 1986 and that employs only individuals 

2 of the employer’s religion, unless the employee 

3 demonstrates that the employer has not applied 

4 with reasonable consistency its religious stand5 ard cited as the reason for the adverse employ6 ment action; or 

7 ‘‘(v) any association exclusively composed 

8 of employers exempt under paragraph 

9 (2)(B)(i)–(iv). 

10 ‘‘(C) A claim under this subchapter 

11 against an employer described by section 

12 702(a)(2)(B) for discrimination because of sex 

13 shall not include claims of discrimination be14 cause of sexual orientation or gender identity. 

15 This provision shall not otherwise affect claims 

16 of sex discrimination, and nothing in this provi17 sion shall prevent a person, regardless of sexual 

18 orientation or gender identity, from bringing a 

19 claim of sex discrimination. 

20 ‘‘(D) No religious corporation, association, 

21 or society otherwise eligible under paragraph 

22 (2)(B)(iv) of this section shall be ineligible be23 cause of nonrecognition under section 501(c)(3) 

24 of the Internal Revenue Code, unless such tax 


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1 treatment is consistent with section 

2 501(c)(3)(B) of that Code. 

3 ‘‘(E) No employer whose primary purpose 

4 and activity is to deliver medical services shall 

5 be eligible for the exemptions under section 

6 702(a)(2)(B). 

7 ‘‘(F) Nothing in this section shall prejudice 

8 rights and defenses available under sections 

9 702(a) and 703(e)(2).’’. 

10 (c) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

11 703 of such Act (42 U.S.C. 2000e–2) is amended— 

12 (1) except in subsection (e), by inserting ‘‘sex13 ual orientation, gender identity,’’ immediately before 

14 ‘‘or national origin’’ each place it appears; 

15 (2) in subsection (e)(1), by striking ‘‘enter16 prise,’’ and inserting ‘‘enterprise, if an individual is 

17 recognized as qualified in accordance with gender 

18 identity when sex is a bona fide occupational quali19 fication,’’; 

20 (3) in the heading of subsection (m), by strik21 ing ‘‘SEX,’’ and inserting ‘‘SEX, SEXUAL ORIENTA22 TION, GENDER IDENTITY,’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(o)(1) In this section: 


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1 ‘‘(A) The term ‘employee’ has the meaning 

2 given the term in section 701(j)(2). 

3 ‘‘(B) The term ‘leave of general usage’ means 

4 leave provided under the policy or program of an 

5 employer, under which— 

6 ‘‘(i) an employee may take leave by adjust7 ing or altering the work schedule or assignment 

8 of the employee according to criteria deter9 mined by the employer; and 

10 ‘‘(ii) the employee may determine the pur11 pose for which the leave is to be utilized. 

12 ‘‘(2) For purposes of determining whether an em13 ployer has committed an unlawful employment practice 

14 under this title by failing to provide a reasonable accom15 modation to the religious observance or practice of an em16 ployee, for an accommodation to be considered to be rea17 sonable, the accommodation shall remove the conflict be18 tween employment requirements and the religious observ19 ance or practice of the employee. 

20 ‘‘(3) An employer shall be considered to commit such 

21 a practice by failing to provide such a reasonable accom22 modation for an employee if the employer refuses to per23 mit the employee to utilize leave of general usage to re24 move such a conflict solely because the leave will be used 


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1 to accommodate the religious observance or practice of the 

2 employee.’’. 

3 (d) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

4 Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000e–3) is amended— 

6 (1) in subsection (b) by inserting ‘‘sexual ori7 entation, gender identity,’’ before ‘‘national origin’’ 

8 each place it appears; 

9 (2) in subsection (b) by striking ‘‘employment.’’ 

10 and inserting ‘‘employment, if an individual is recog11 nized as qualified in accordance with gender identity 

12 when sex is a bona fide occupational qualification.’’; 

13 and 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) PROHIBITED SANCTIONS FOR CERTAIN EM17 PLOYEE SPEECH.— 

18 ‘‘(1) An employee may express the employee’s 

19 religious, political, or moral beliefs in the workplace 

20 in a reasonable, nondisruptive, and nonharassing 

21 way on equal terms with similar types of expression 

22 of beliefs allowed by the employer in the workplace, 

23 unless the expression is in direct and substantial 

24 conflict with the essential business-related interests 

25 of the employer. 


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1 ‘‘(2) An employer may not discharge, demote, 

2 terminate, or refuse to hire any person, or retaliate 

3 against, harass, or discriminate in matters of com4 pensation or in terms, privileges, and conditions of 

5 employment against any person otherwise qualified 

6 for employment, for lawful expression or expressive 

7 activity outside of the workplace regarding the per8 son’s beliefs that— 

9 ‘‘(A) marriage is or should be recognized 

10 as a union of one man and one woman, or one 

11 woman and one woman, or one man and one 

12 man; or 

13 ‘‘(B) sexual activity should or should not 

14 be reserved for spouses within a marriage. 

15 The employee’s expression is not protected under 

16 subsection (c)(2) if it directly and materially im17 pedes the employee’s performance of an essential job 

18 function. 

19 ‘‘(3) Paragraphs (1) and (2) shall not apply to 

20 a nonprofit organization that operates to express or 

21 advocate particular viewpoints, or to an employer 

22 that is a religious corporation, association, edu23 cational institution, or society covered by section 

24 701(o)(4).’’. 


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1 (e) CLAIMS.—Section 706(g)(2)(A) of the Civil 

2 Rights Act of 1964 (42 U.S.C. 2000e–5(g)(2)(A)) is 

3 amended by striking ‘‘sex,’’ and inserting ‘‘sex, sexual ori4 entation, gender identity,’’. 

5 (f) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec6 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000e–16) is amended— 

8 (1) in subsection (a), by striking ‘‘sex,’’ and in9 serting ‘‘sex, sexual orientation, gender identity,’’; 

10 and 

11 (2) in subsection (c), by striking ‘‘sex’’ and in12 serting ‘‘sex, sexual orientation, gender identity,’’. 

13 (g) GOVERNMENT EMPLOYEE RIGHTS ACT OF

14 1991.—The Government Employee Rights Act of 1991 

15 (title III of Public Law 102–166; 42 U.S.C. 2000e–16 et 

16 seq.) is amended— 

17 (1) in section 301(b), by striking ‘‘sex,’’ and in18 serting ‘‘sex, sexual orientation, gender identity,’’; 

19 and 

20 (2) in section 302(a)(1), by striking ‘‘sex,’’ and 

21 inserting ‘‘sex, sexual orientation, gender identity,’’. 

22 (h) ADDITIONAL FACILITIES NOT REQUIRED.—The 

23 Civil Rights Act of 1964 (42 U.S.C. 2000e–18) is amend24 ed by adding at the end the following: 


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1 ‘‘SEC. 719. Nothing in this subchapter shall be con2 strued to require the construction of new or additional fa3 cilities.’’. 

4 (i) PRIVACY IN SEX-DESIGNATED FACILITIES.—The 

5 Civil Rights Act of 1964 (42 U.S.C. 2000e–19), as amend6 ed by subsection (h), is amended by adding at the end 

7 the following: 

8 ‘‘SEC. 720. If equivalent facilities and benefits are 

9 made available and without regard to a prohibited classi10 fication under this subchapter, an employer shall reason11 ably accommodate an employee who requests greater pri12 vacy within a facility intended for the exclusive use of per13 sons of the same sex.’’. 

14 (j) INTERVENTION.—Section 902 of the Civil Rights 

15 Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting 

16 ‘‘sexual orientation, gender identity,’’ before ‘‘or national 

17 origin,’’. 

18 (k) CONGRESSIONAL ACCOUNTABILITY ACT OF

19 1995.—Section 201(a)(1) of the Congressional Account20 ability Act of 1995 (2 U.S.C. 1311(a)(1)) is amended by 

21 inserting ‘‘sexual orientation, gender identity,’’ before ‘‘or 

22 national origin,’’. 

23 (l) TITLE 5, UNITED STATES CODE.—Chapter 23 of 

24 title 5, United States Code, is amended— 


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1 (1) in section 2301(b)(2), by striking ‘‘sex,’’ 

2 and inserting ‘‘sex, sexual orientation, gender iden3 tity,’’; and 

4 (2) in section 2302— 

5 (A) in subsection (b)(1)(A), by inserting 

6 ‘‘sexual orientation, gender identity,’’ before ‘‘or 

7 national origin,’’; and 

8 (B) in subsection (d)(1), by inserting ‘‘sex9 ual orientation, gender identity,’’ before ‘‘or na10 tional origin;’’. 

11 SEC. 5. HOUSING DISCRIMINATION PROHIBITED. 

12 (a) IN GENERAL.— 

13 (1) Section 804 of the Fair Housing Act (42 

14 U.S.C. 3604) is amended by inserting ‘‘sexual ori15 entation, gender identity,’’ after ‘‘sex’’ each place 

16 that term appears. 

17 (2) Section 805 of the Fair Housing Act (42 

18 U.S.C. 3605) is amended by inserting ‘‘sexual ori19 entation, gender identity,’’ after ‘‘sex’’ each place 

20 that term appears. 

21 (3) Section 806 of the Fair Housing Act (42 

22 U.S.C. 3606) is amended by inserting ‘‘sexual ori23 entation, gender identity,’’ after ‘‘sex’’ each place 

24 that term appears. 


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1 (4) Section 807 of the Fair Housing Act (42 

2 U.S.C. 3607) is amended by inserting ‘‘or to persons 

3 who adhere to its religion’’ immediately after the 

4 phrase ‘‘persons of the same religion’’ and ‘‘or ad5 herence to such beliefs, observances, tenets, or prac6 tices’’ immediately before ‘‘or from giving preference 

7 to such persons’’. 

8 (5) Section 808 of the Fair Housing Act (42 

9 U.S.C. 3608) is amended by inserting ‘‘sexual ori10 entation, gender identity,’’ after ‘‘sex’’ each place 

11 that term appears. 

12 (b) PREVENTION OF INTIMIDATION.—Section 901 of 

13 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended 

14 by inserting ‘‘sexual orientation, gender identity,’’ after 

15 ‘‘sex,’’ each place that term appears. 

16 (c) DEFINITIONS.—Section 802 of the Fair Housing 

17 Act (42 U.S.C. 3602) is amended by adding at the end 

18 the following: 

19 ‘‘(p) ‘Sexual orientation’ means homosexuality, het20 erosexuality, or bisexuality. 

21 ‘‘(q) ‘Gender identity’ means the gender-related iden22 tity, appearance, mannerisms, or other gender-related 

23 characteristics of an individual, without regard to the indi24 vidual’s designated sex at birth. A person’s gender identity 

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1 tory, care or treatment of the gender identity, consistent 

2 and uniform assertion of the gender identity, or other evi3 dence that the gender identity is sincerely held, part of 

4 a person’s core identity, and not being asserted for an im5 proper purpose. 

6 ‘‘(r) ‘Operates’ includes the rental or occupancy of 

7 dwellings through a lease or contract with the dwelling’s 

8 actual owner or primary operator. 

9 ‘‘(s) ‘Religion’ has the same meaning as section 701 

10 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). 

11 ‘‘(t) ‘Religious organization, association, or society’ 

12 has the same meaning as section 701 of the Civil Rights 

13 Act of 1964 (42 U.S.C. 2000e).’’. 

14 SEC. 6. OTHER NONDISCRIMINATION REQUIREMENTS. 

15 (a) MARRIAGE RECOGNITION.— 

16 (1) Section 7 of title 1, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 7. Marriage 

19 ‘‘(a) For the purposes of any Federal law in which 

20 marital status is a factor, an individual shall be considered 

21 married if that individual’s marriage is valid in the State 

22 where the marriage was entered into or, in the case of 

23 a marriage entered into outside any State, if the marriage 

24 is valid in the place where entered into and the marriage 

25 could have been entered into in a State. 


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1 ‘‘(b) In this section, the term ‘State’ means a State, 

2 the District of Columbia, the Commonwealth of Puerto 

3 Rico, or any other territory or possession of the United 

4 States.’’. 

5 (2) Section 1738C of title 28, United States 

6 Code, is repealed, and the table of sections at the be7 ginning of chapter 115 of title 28, United States 

8 Code, is amended by striking the item relating to 

9 that section. 

10 (b) DESEGREGATION OF PUBLIC FACILITIES.—Sec11 tion 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 

12 2000b(a)) is amended by inserting ‘‘sex, sexual orienta13 tion, gender identity,’’ before ‘‘or national origin’’. 

14 (c) DISCRIMINATION IN FEDERAL JURY SERVICE

15 PROHIBITED.—Chapter 121 of title 28, United States 

16 Code, is amended— 

17 (1) in section 1862, by inserting ‘‘sexual ori18 entation, gender identity,’’ after ‘‘sex,’’ each place 

19 that term appears; 

20 (2) in section 1867, by inserting ‘‘sexual ori21 entation, gender identity,’’ after ‘‘sex,’’ each place 

22 that term appears; and 

23 (3) in section 1869 by adding at the end the 

24 following: 


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1 ‘‘(l) The term ‘sexual orientation’ means homosex2 uality, heterosexuality, or bisexuality. 

3 ‘‘(m) The term ‘gender identity’ means the gender4 related identity, appearance, mannerisms, or other gender5 related characteristics of an individual, without regard to 

6 the individual’s designated sex at birth. A person’s gender 

7 identity can be shown by providing evidence, including 

8 medical history, care or treatment of the gender identity, 

9 consistent and uniform assertion of the gender identity, 

10 or other evidence that the gender identity is sincerely held, 

11 part of a person’s core identity, and not being asserted 

12 for an improper purpose.’’. 

13 (d) DISCRIMINATION IN CREDIT PROHIBITED.—The 

14 Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) 

15 is amended— 

16 (1) in section 701(a)(1) by striking ‘‘or’’ after 

17 ‘‘sex’’ and inserting ‘‘, sexual orientation, gender 

18 identity,’’ after ‘‘sex’’; 

19 (2) in section 702— 

20 (A) by redesignating subsections (f) and 

21 (g) as subsections (g) and (i), respectively; 

22 (B) by inserting after subsection (e) the 

23 following: 

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1 related characteristics of an individual, without regard to 

2 the individual’s designated sex at birth. A person’s gender 

3 identity can be shown by providing evidence, including 

4 medical history, care or treatment of the gender identity, 

5 consistent and uniform assertion of the gender identity, 

6 or other evidence that the gender identity is sincerely held, 

7 part of a person’s core identity, and not being asserted 

8 for an improper purpose.’’; and 

9 (C) by inserting after subsection (g), as so 

10 redesignated, the following: 

11 ‘‘(h) The term ‘sexual orientation’ means homosex12 uality, heterosexuality, or bisexuality.’’; and 

13 (3) in section 705, by inserting ‘‘, sexual ori14 entation, gender identity,’’ after ‘‘sex’’. 

15 (e) DISCRIMINATION IN REFUGEE RESETTLEMENT

16 PROHIBITED.—Section 412(a)(5) of the Immigration and 

17 Nationality Act (8 U.S.C. 1522(a)(5)) is amended by in18 serting ‘‘sexual orientation, gender identity,’’ after ‘‘sex,’’. 

19 (f) SAFE SCHOOLS.—Title IV of the Elementary and 

20 Secondary Education Act of 1965 (20 U.S.C. 7101 et 

21 seq.) is amended by adding at the end the following: 


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1 ‘‘PART G—SAFE SCHOOLS IMPROVEMENT 

2 ‘‘SEC. 4701. PURPOSE. 

3 ‘‘The purpose of this part is to address the problem 

4 of bullying and harassment conduct of students in public 

5 elementary schools and secondary schools. 

6 ‘‘SEC. 4702. ANTI-BULLYING POLICIES. 

7 ‘‘(a) BULLYING.—In this part, the term ‘bullying’ in8 cludes cyberbullying through electronic communications 

9 that take place away from school or a school-sponsored 

10 or school-related event, but only if the cyberbullying in11 fringes on the rights of the student at school as set forth 

12 in subparagraph (A) or (B) of subsection (b)(1). 

13 ‘‘(b) POLICIES.—A State that receives a grant under 

14 this title shall require all local educational agencies in the 

15 State with authority to administer public elementary and 

16 secondary schools to carry out the following: 

17 ‘‘(1) Establish policies that prevent and prohibit 

18 conduct, including bullying and harassment— 

19 ‘‘(A) that is sufficiently severe, persistent, 

20 or pervasive that a reasonable person would ex21 pect such bullying or harassment to limit a stu22 dent’s ability to participate in, or benefit from, 

23 a program or activity of a public school or local 

24 educational agency; or 

25 ‘‘(B) that is sufficiently severe, persistent, 

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1 pect such bullying or harassment to create a 

2 hostile or abusive educational environment, ad3 versely affecting a student’s education, at a 

4 program or activity of a public school or local 

5 educational agency, including acts of verbal, 

6 nonverbal, or physical aggression or intimida7 tion. 

8 ‘‘(2) The policies required under paragraph (1) 

9 shall include a prohibition of bullying or harassment 

10 conduct based on— 

11 ‘‘(A) a student’s actual or perceived race, 

12 color, national origin, religion, disability, sex, 

13 sexual orientation, or gender identity; 

14 ‘‘(B) the actual or perceived race, color, 

15 national origin, religion, disability, sex, sexual 

16 orientation, or gender identity of a person with 

17 whom a student associates or has associated; or 

18 ‘‘(C) any other distinguishing characteris19 tics that may be defined by the State or local 

20 educational agency, including being homeless or 

21 the child or ward of a member of the Armed 

22 Forces. 

23 ‘‘(3) Provide— 

24 ‘‘(A) annual notice to students, parents, 

25 and educational professionals describing the full 


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1 range of the local educational agency’s policies 

2 required under paragraph (1) and shall include 

3 an affirmative statement of the protections for 

4 free speech, assembly, and expression under the 

5 First Amendment and any other applicable law; 

6 and 

7 ‘‘(B) grievance procedures for students or 

8 parents to register complaints regarding the 

9 prohibited conduct contained in such local edu10 cational agency’s discipline policies, including— 

11 ‘‘(i) the name of the local educational 

12 agency officials who are designated as re13 sponsible for receiving such complaints; 

14 and 

15 ‘‘(ii) timelines that the local edu16 cational agency will establish in the resolu17 tion of such complaints. 

18 ‘‘(4) Collect annual incidence and frequency of 

19 incidents data about the conduct prohibited by the 

20 policies described in paragraph (1) at the school 

21 building level that are accurate and complete and 

22 publicly report such data at the school level and 

23 local educational agency level. The local educational 

24 agency shall ensure that victims or persons respon25 sible for such conduct are not identifiable. 


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1 ‘‘(5) Encourage positive and preventative ap2 proaches to school discipline that minimize students’ 

3 removal from instruction and ensure that students, 

4 including students described in paragraph (2), are 

5 not subject to disproportionate punishment. 

6 ‘‘SEC. 4703. STATE REPORTS. 

7 ‘‘The chief executive officer of a State that receives 

8 a grant under this title, in cooperation with the State edu9 cational agency, shall submit a biennial report to the Sec10 retary— 

11 ‘‘(1) on the information reported by local edu12 cational agencies in the State pursuant to section 

13 4702(b)(4); and 

14 ‘‘(2) describing the State’s plans for supporting 

15 local educational agency efforts to address the con16 duct prohibited by the policies described in section 

17 4702(b)(1). 

18 ‘‘SEC. 4704. EVALUATION. 

19 ‘‘(a) BIENNIAL EVALUATION.—The Secretary shall 

20 conduct an independent biennial evaluation of programs 

21 and policies to combat bullying and harassment in elemen22 tary schools and secondary schools, including implementa23 tion of the requirements described in section 4702, includ24 ing whether such requirements have appreciably reduced 

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1 fective parent involvement and programs that train cov2 ered school employees how to identify and stop bullying 

3 and harassment, as those terms are defined in section 

4 4702. 

5 ‘‘(b) DATA COLLECTION.—The Commissioner for 

6 Education Statistics shall collect data from States, that 

7 are subject to independent review, to determine the inci8 dence and frequency of conduct prohibited by the policies 

9 described in section 4702. 

10 ‘‘(c) BIENNIAL REPORT.—Not later than January 1 

11 of the first calendar year that begins after the effective 

12 date of this section and every 2 years thereafter, the Sec13 retary shall submit to the President and Congress a report 

14 on the findings of the evaluation conducted under sub15 section (a) together with the data collected under sub16 section (b) and data submitted by the States under section 

17 4703. 

18 ‘‘SEC. 4705. EFFECT ON OTHER LAWS. 

19 ‘‘(a) FEDERAL AND STATE NONDISCRIMINATION

20 LAWS.—Nothing in this part shall be construed to invali21 date or limit rights, remedies, procedures, or legal stand22 ards available to victims of discrimination under any other 

23 Federal law or law of a State or political subdivision of 

24 a State, including title VI of the Civil Rights Act of 1964 

25 (42 U.S.C. 2000d et seq.), title IX of the Education 


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1 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 

2 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 

3 794, 794a), or the Americans with Disabilities Act of 1990 

4 (42 U.S.C. 12101 et seq.). The obligations imposed by this 

5 part are in addition to those imposed by title VI of the 

6 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

7 IX of the Education Amendments of 1972 (20 U.S.C. 

8 1681 et seq.), section 504 of the Rehabilitation Act of 

9 1973 (29 U.S.C. 794), and the Americans with Disabil10 ities Act of 1990 (42 U.S.C. 12101 et seq.). 

11 ‘‘(b) FREE SPEECH AND EXPRESSION.—Nothing in 

12 this part shall be construed to deny any student a right 

13 of free speech, assembly, or expression protected under the 

14 Constitution or any other Federal law, or to permit unlaw15 ful viewpoint discrimination. No policy established under 

16 this part may prevent or punish a student’s expression of 

17 religious, political, or philosophical beliefs in the classroom 

18 or at school activities when such expression takes place 

19 on equal terms with similar expressions of belief allowed 

20 by the school in the same setting, unless such expression 

21 consists of bullying or harassment as defined in section 

22 4702(b)(1). 

23 ‘‘SEC. 4706. RULE OF CONSTRUCTION. 

24 ‘‘Nothing in this part shall be construed to prohibit 

25 a State or local entity from enacting any law with respect 


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1 to the prevention of bullying or harassment of students 

2 that is not inconsistent with this part.’’. 

3 SEC. 7. PROHIBITION ON RETALIATION AND UNEQUAL 

4 TREATMENT. 

5 Title XI of the Civil Rights Act of 1964 (42 U.S.C. 

6 2000h et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 1107. NONRETALIATION. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) No government shall take any adverse ac11 tion because of— 

12 ‘‘(A) the existence or invocation of any ex13 emption, defense, or remedy under this Act; or 

14 ‘‘(B) the existence or invocation of any 

15 protection from discrimination under this Act. 

16 ‘‘(2) Nothing in this subsection shall be con17 strued to invalidate or supersede a law without evi18 dence that it was enacted, enforced, or administered 

19 for reasons prohibited by paragraph (1). 

20 ‘‘(b) PROHIBITION ON CERTAIN GOVERNMENT AC21 TIONS.— 

22 ‘‘(1) PERSONS PROTECTED FROM DISCRIMINA23 TION.—No government shall take any adverse action 

24 that, as applied, conflicts with any protection from 

25 discrimination under this Act. 


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1 ‘‘(2) CERTAIN RELIGIOUS PROPERTIES AND RE2 LIGIOUS EMPLOYERS.— 

3 ‘‘(A) No government shall take any ad4 verse action that, as applied, is inconsistent 

5 with the exemptions under section 201(b)(11). 

6 ‘‘(B) No government shall take any ad7 verse action that, as applied, abridges the ex8 emptions provided under section 702(a)(2)(B). 

9 ‘‘(C) Nothing in this subsection shall be 

10 construed to invalidate any other law that oth11 erwise applies to a religious property exempt 

12 under section 201(b)(11) or a religious em13 ployer exempt under section 702(a)(2)(B). 

14 ‘‘(3) ADOPTION AND FOSTER CARE FUNDING, 

15 LICENSURE, AND CERTIFICATION.—No State shall 

16 enforce a law with respect to a particular contract, 

17 cooperative agreement, grant, guarantee, or benefit 

18 if that law, as applied, abridges any right or benefit 

19 under section 610, unless the State demonstrates 

20 that the contract, cooperative agreement, grant, 

21 guarantee, or benefit is solely funded by revenues of 

22 a State or political subdivision thereof. A State or 

23 its political subdivision may commingle its revenues 

24 with Federal financial assistance for the purpose of 

25 providing financial aid to adoption agencies; such 


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1 commingled revenues shall be deemed Federal finan2 cial assistance. No government may deny, withhold, 

3 or suspend the license or certification of a religiously 

4 affiliated adoption or foster care agency because of 

5 its religious teachings or practices, provided that the 

6 agency complies with generally applicable health and 

7 safety standards. 

8 ‘‘(c) RELIGIOUS EDUCATIONAL INSTITUTIONS.— 

9 ‘‘(1) NO ADVERSE ACTION FOR RELIGIOUS MIS10 SION.—No government shall take any adverse action 

11 against a religious educational institution, its fac12 ulty, students, or graduates because of its religious 

13 mission. 

14 ‘‘(2) ACCREDITATION.—No accrediting agency 

15 shall take an adverse action against a religious edu16 cational institution for noncompliance with an ac17 creditation standard that would require the institu18 tion to act inconsistently with its religious mission 

19 as related to marriage, family, sexuality, or gender 

20 identity, except as these matters pertain to race, 

21 color, or national origin. Nothing in this provision 

22 shall be interpreted to deny an accrediting agency 

23 the authority under section 496(a) of the Higher 

24 Education Act (20 U.S.C. 1099b(a)) to take action 

25 necessary to ensure that the courses or programs of 


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1 instruction, training, or study offered by an institu2 tion of higher education are of sufficient quality to 

3 achieve the stated objective for which the courses or 

4 the programs are offered. An accrediting agency 

5 does not demonstrate that its adverse action against 

6 a religious educational institution is authorized 

7 under section 1099b(a) merely by showing that the 

8 action results from a rule of general applicability. 

9 ‘‘(3) REMEDIES.—A religious educational insti10 tution harmed by a violation of this subsection may 

11 obtain injunctive relief against the responsible ac12 crediting agency. Upon receiving a copy of such an 

13 injunction, the Department of Education shall deem 

14 the affected religious educational institution as ac15 credited for all purposes under Federal law. The De16 partment shall deny recognition for any purpose to 

17 an accrediting agency that knowingly violates this 

18 subsection. An accrediting agency that loses its gov19 ernment recognition may apply with the Department 

20 to restore its recognition if the agency demonstrates 

21 that the violation resulted from mistake or inadvert22 ence. Within two years of the enactment of this Act, 

23 the Department shall issue final rules prescribing 

24 the procedures governing this section. 

25 ‘‘(d) NO RELIGIOUS TESTS.—No government shall— 


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1 ‘‘(1) exclude a person from an occupation by 

2 depriving a person of professional credentials or im3 posing a fine or penalty, including through a private 

4 right of action, because of the person’s religious be5 liefs or affiliations, provided that the person other6 wise complies with occupational or professional 

7 standards that, in purpose and effect, are neutral to8 ward religion and generally applicable; or 

9 ‘‘(2) determine eligibility for public office be10 cause of religious beliefs or affiliations. 

11 ‘‘(e) SCOPE OF APPLICATION.—Subsections (a) 

12 through (d) apply in any case in which— 

13 ‘‘(1) section 5 of the Fourteenth Amendment to 

14 the Constitution of the United States grants law15 making power to Congress; 

16 ‘‘(2) action by a government or an accrediting 

17 agency would affect commerce with foreign nations, 

18 among the several States, or with Indian Tribes; 

19 ‘‘(3) a State or political subdivision receives 

20 Federal financial assistance, to the full extent per21 mitted by Congress’ authority under the Spending 

22 Power in article I, section 8 of the Constitution; 

23 ‘‘(4) Congress has power under the Necessary 

24 and Proper Clause of article I, section 8 to effec25 tuate the exercise of its enumerated powers; or 


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1 ‘‘(5) the Constitution grants Congress any 

2 other lawmaking power. 

3 ‘‘(f) JUDICIAL RELIEF.— 

4 ‘‘(1) CAUSE OF ACTION.—A person or organiza5 tion may assert an actual violation of this section, 

6 or a credible threat of such a violation, as a claim 

7 or defense in a judicial, administrative, or arbitra8 tion proceeding and obtain appropriate relief against 

9 a government or accrediting agency, including attor10 neys’ fees. A State shall not be immune under the 

11 Eleventh Amendment to the Constitution of the 

12 United States from a claim under this section. 

13 ‘‘(2) REMOVAL.—Any proceeding brought in a 

14 State court for which a claimant invokes this section 

15 as a claim, counterclaim, or defense may be removed 

16 by the claimant to the district court of the United 

17 States for the district and division embracing the 

18 place where such action is pending. 

19 ‘‘(g) DEFINITIONS.—In section 1107: 

20 ‘‘(1) The term ‘abridges’ means to diminish, 

21 burden, hinder, or obstruct. 

22 ‘‘(2) The term ‘accreditation’ means the status 

23 of public recognition that an accrediting agency 

24 grants to an educational institution or program that 

25 meets the agency’s standards and requirements. 


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1 ‘‘(3) The term ‘accrediting agency’ means a 

2 legal entity, or part of a legal entity, that conducts 

3 accrediting activities through voluntary, non-Federal 

4 peer review and makes decisions concerning the ac5 creditation or preaccreditation status of institutions, 

6 programs, or both. 

7 ‘‘(4) The term ‘adverse action’ includes action 

8 that suspends, revokes, or withholds licenses, per9 mits, certifications, professional credentials, guaran10 tees, contracts, or cooperative agreements; denies or 

11 revokes scholarships, grants, loans, a tax exemption 

12 or tax-exempt status; denies access to government13 sponsored facilities, activities, or programs; or that 

14 imposes any other penalty or denies an otherwise 

15 available benefit. Except for a violation of subsection 

16 (a)(1) of this section, adverse action does not include 

17 a State’s refusal to subsidize contracts, grants, 

18 loans, or cooperative agreements with exclusively 

19 State revenues because of noncompliance with State 

20 standards that, in purpose and effect, are neutral to21 ward religion and generally applicable. Commingled 

22 State and Federal revenues shall be deemed Federal 

23 revenues. Adverse action does include suspending, 

24 revoking, or withholding scholarships, grants, and 

25 loans, or access to government-sponsored facilities, 


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1 activities, or programs to qualified students or grad2 uates of religious educational institutions, notwith3 standing that the scholarships, grants, loans, facili4 ties, activities, or programs are funded with State 

5 revenues. 

6 ‘‘(5) The term ‘government’ means— 

7 ‘‘(A) a State, county, municipality, or 

8 other government entity created under the au9 thority of a State; 

10 ‘‘(B) any branch, department, agency, in11 strumentality, or official of an entity listed in 

12 subsection (g)(5)(A); 

13 ‘‘(C) any other person acting under color 

14 of State law; and 

15 ‘‘(D) the United States, a branch, depart16 ment, agency, instrumentality, or official of the 

17 United States, and any other person acting 

18 under color of Federal law. 

19 ‘‘(6) The terms ‘religion’ and ‘religious’ include 

20 all aspects of religious belief, observance, and prac21 tice, whether or not compelled by, or central to, a 

22 system of religion. 

23 ‘‘(7) The term ‘religious corporation, associa24 tion, educational institution, or society’ include— 


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1 ‘‘(A) a church, synagogue, mosque, temple, 

2 or other house of worship; 

3 ‘‘(B) a nonprofit corporation, association, 

4 educational institution, society, or other non5 profit entity that is, in whole or in substantial 

6 part, owned, supported, controlled, or managed 

7 by a particular religion or by a particular 

8 church, denomination, convention, or associa9 tion of churches or other houses of worship; or 

10 ‘‘(C) a nonprofit corporation, association, 

11 educational institution, society, or other non12 profit entity that holds itself out to the public 

13 as substantially religious, has as its stated pur14 pose in its organic documents that it is reli15 gious, and is substantially religious in its cur16 rent operations. 

17 ‘‘(8) The term ‘religious educational institution’ 

18 means any organization covered by section 

19 703(e)(2). 

20 ‘‘(9) The term ‘religious mission’ includes reli21 gious affiliation, religious tenets, religious teachings, 

22 and religious standards, including policies or deci23 sions related to such affiliation, tenets, teachings, or 

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1 tinuing enrollment, or graduation, unless such affili2 ation, tenets, teachings, or standards result in invid3 ious discrimination on account of race, color, or na4 tional origin. 

5 ‘‘(h) CONSTRUCTION.—This section shall supersede 

6 State or local law as provided for expressly herein. Noth7 ing contained in section 1107 shall be construed as indi8 cating an intent on the part of Congress to occupy the 

9 field in which this Act operates to the exclusion of State 

10 or local laws on the same subject matter.’’. 

11 SEC. 8. PRESERVATION OF TAX-EXEMPT STATUS. 

12 Section 501(c)(3) of the Internal Revenue Code (26 

13 U.S.C. 1 et seq.) is amended— 

14 (1) by inserting ‘‘(A)’’ before ‘‘Corporations, 

15 and community chest . . .’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(B)(i) For purposes of Federal law, any deter18 mination whether an organization is organized or op19 erated exclusively for religious, charitable, scientific, 

20 literary, or educational purposes or complies with 

21 legal standards of charity shall be made without re22 gard to the organization’s religious beliefs or prac23 tices concerning marriage, family, or sexuality, ex24 cept insofar as such practices pertain to race or 


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1 criminal sexual offenses punishable under constitu2 tionally valid Federal or State law. 

3 ‘‘(ii) As used in subsection (B)(i), the term ‘re4 ligious’ includes all aspects of religious belief, ob5 servance, and practice, whether or not compelled by, 

6 or central to, a system of religion.’’. 

7 SEC. 9. SEVERABILITY. 

8 If any provision of this Act, or the application of any 

9 provision to any individual or circumstance, is held to be 

10 invalid, the remainder of this Act and the application of 

11 its other provisions to any other individuals or cir12 cumstances shall not be affected thereby. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS