Fairness for All Act
Bill: H.R.1440 | Sponsor: Rep. Stewart, Chris (R-UT)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
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.

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>