[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2797 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2797
To ensure religious freedom and rights of conscience for health care
workers and other government employees, and to protect health care
workers and other government employees from various forms of compelled
speech.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2023
Mr. Rubio (for himself, Mr. Vance, Mr. Tillis, and Mrs. Hyde-Smith)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure religious freedom and rights of conscience for health care
workers and other government employees, and to protect health care
workers and other government employees from various forms of compelled
speech.
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 ``Protecting Conscience in Our Health
Care Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means a
hospital, health clinic, medical organization, or other health
care entity, using Federal funds to implement a program or
activity, or a related policy.
(2) Federal funds.--The term ``Federal funds'' includes
direct and indirect Federal financial assistance.
(3) Program or activity.--The term ``program or activity''
has the meaning given the term in section 606 of the Civil
Rights Act of 1965 (20 U.S.C. 2000d-4a).
(4) Sex.--Except as provided in section 3(a)(6), the term
``sex''--
(A) means the biological indication of male and
female in the context of natural reproductive potential
or capacity, such as genes or sex chromosomes, gonads,
and nonambiguous internal and external genitalia
present at or before birth; and
(B) does not include an individual's psychological,
chosen, or subjective experience.
(5) State government or agency.--The term ``State'', used
with respect to a government or agency, means a government or
agency, respectively, using Federal funds to implement a
program or activity, or a related policy.
SEC. 3. FEDERAL FUNDS LIMITATION TO PROTECT AGAINST COMPELLED SPEECH
AND ACTION.
(a) Prohibition on Compelled Speech and Action.--No Federal or
State government or agency, or covered entity shall--
(1) require an employee to participate in a seminar,
workshop, training, or other educational or professional
activity, or in using a curriculum, that advocates for the idea
that an individual can have an identity that is incongruent
with their sex;
(2) require an employee to attend or participate in an
event or activity affirming, celebrating, or supporting an
identity that is incongruent with an individual's sex;
(3) require, as a condition of employment or good standing
with the government, agency, or entity involved, that an
employee pledge or otherwise commit to support or condone an
identity that is incongruent with an individual's sex through
verbal affirmation, written recognition, or any physical
exercise;
(4) require, as a condition of employment or good standing
with the government, agency, or entity involved, that an
employee sign a statement of commitment to a particular belief
or form of social action that supports, condones, or advances
the idea that an individual can have an identity that is
incongruent with their sex;
(5) require, as a condition of employment or good standing
with the government, agency, or entity involved, that an
employee wear apparel or an accessory that supports or condones
an identity that is incongruent with an individual's sex;
(6) require an employee to affirm and use preferred
pronouns of another, including a medical patient, without
regard for whether those pronouns conflict with the employee's
religious or moral beliefs, or the employee's understanding of
the relationship between sex and identity;
(7) require an employee to share the employee's preferred
pronouns upon meeting or interacting with another individual or
patient, or to include preferred pronouns on or in a name tag,
email signature, business card, or other regular means of
communication; or
(8) terminate an employee's employment because, based on
their religious or moral beliefs, the employee refuses to
support, condone, or acknowledge someone's professed identity
that is incongruent with sex, including refusing to carry out
any activity that a Federal or State government or agency, or
covered entity may not require under any of paragraphs (1)
through (7).
(b) Prohibition on Retaliation.--It shall be unlawful for a Federal
or State government or agency, or covered entity to intimidate,
threaten, coerce, or discriminate against any individual because the
individual has made a complaint, testified, assisted, or participated
in any manner in a civil action under section 4.
(c) Remedy.--The remedies, procedures, and rights set forth in
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
shall be available to--
(1) any person aggrieved by any violation of subsection (a)
by a State government or agency, or covered entity; and
(2) any person aggrieved by any violation of subsection (b)
by a Federal or State government or agency, or covered entity,
with respect to the amount of Federal financial assistance expended for
the period of the violation.
SEC. 4. PRIVATE RIGHT OF ACTION FOR AFFECTED INDIVIDUALS.
(a) In General.--Any individual employed by a Federal or State
government or agency, or covered entity may bring a civil action in an
appropriate district court of the United States against the government,
agency, or entity involved for a violation of section 3(a).
(b) Remedy.--In the case that the individual described in
subsection (a) demonstrates such a violation, the individual shall be
entitled to--
(1) declaratory and injunctive relief; and
(2) reasonable attorney's fees, and costs of the action,
that the court determines are appropriate to award to a
prevailing plaintiff.
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