[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3318 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3318
To prohibit the use of funds to implement, administer, or enforce
measures requiring certain employees to refer to an individual by the
preferred pronouns of such individual or a name other than the legal
name of such individual, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit the use of funds to implement, administer, or enforce
measures requiring certain employees to refer to an individual by the
preferred pronouns of such individual or a name other than the legal
name of such individual, and for other purposes.
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 ``Safeguarding Honest Speech Act''.
SEC. 2. NO FEDERAL FUNDS FOR COMPELLED LANGUAGE.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be used for the purpose of implementing,
administering, or enforcing any rule, policy, guidance, recommendation,
or memorandum requiring an employee or contractor of any Federal agency
or Department to use--
(1) another person's preferred pronouns if they are
incompatible with such person's sex; or
(2) a name other than a person's legal name when referring
to such person.
(b) Enforcement.--
(1) In general.--All Federal agencies and Departments shall
ensure that, not later than 30 days following a written notice
from any employee or contractor described in subsection (a)
regarding an alleged violation of subsection (a), a formal
response to the notice is issued to the employee or contractor.
(2) Private right of action.--In the case that the formal
response issued under paragraph (1) does not represent a
satisfactory outcome for the employee or contractor, any
employee or contractor described in subsection (a) and
aggrieved by a violation of subsection (a) may commence a civil
action against the Federal agency or Department responsible for
the alleged violation.
(3) Relief.--In any action under this subsection, the court
may award appropriate relief, including--
(A) temporary, preliminary, or permanent injunctive
relief;
(B) compensatory damages;
(C) punitive or exemplary damages, which may not
exceed $100,000; and
(D) reasonable fees for attorneys.
(4) Statute of limitations.--An action under this
subsection shall be brought not later than 1 year after the
date on which the alleged violation of subsection (a) occurred.
(c) Definitions.--In this section:
(1) Person.--The term ``person'' means an individual.
(2) Sex.--The term ``sex'' means sex recognized based
solely on a person's reproductive biology and genetics at
birth.
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