Text of US HB 1440 (2021)

I 117TH CONGRESS 1ST SESSION H. R. 1440 To prohibit discrimination on the basis of sex, sexual orientation, and gender identity; and to protect the free exercise of religion. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Mr. STEWART (for himself, Mr. KINZINGER, Mr. GARBARINO, Mr. MOORE of Utah, Mr. FITZPATRICK, Mr. OWENS, Mr. GIMENEZ, Mr. JACOBS of New York, Ms. TENNEY, Ms. STEFANIK, Mr. UPTON, Mr. VAN DREW, Miss GONZA´LEZ-COLO´N, Mr. CURTIS, Ms. SALAZAR, Mr. DIAZ-BALART, Mr. AMODEI, Mr. SIMPSON, Ms. MALLIOTAKIS, Mr. STIVERS, and Mr. REED) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit discrimination on the basis of sex, sexual orienta- tion, and gender identity; and to protect the free exercise of religion. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness for All Act’’. 4 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1440 IH SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR SEG- 1 REGATION IN PLACES OF PUBLIC ACCOMMO- 2 DATION. 3 Section 201 of the Civil Rights Act of 1964 (42 4 U.S.C. 2000a) is amended— 5 (1) in subsection (a), by inserting ‘‘sex, sexual 6 orientation, gender identity,’’ before ‘‘or national ori- 7 gin’’; 8 (2) in subsection (b)— 9 (A) in paragraph (3), by striking ‘‘and’’ at 10 the end; 11 (B) by redesignating paragraph (4) as 12 paragraph (10); 13 (C) by inserting after paragraph (3) the 14 following: 15 ‘‘(4) any place of exercise, recreation, or amusement, 16 except religious camps or religious retreat centers unless 17 such camps or retreat centers discriminate because of 18 race, color, or national origin; 19 ‘‘(5) any provider of financial services, including 20 banks, credit unions, mortgage houses, brokers, and finan- 21 cial planners; 22 ‘‘(6) for the purpose of classifications enumerated in 23 subsection (a) and not described by section 1557 of the 24 Patient Protection and Affordable Care Act (42 U.S.C. 25 18116(a))— 26 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1440 IH ‘‘(A) any provider of medical services. It shall 1 not constitute a violation of this title to provide a 2 service, treatment, therapy, procedure, or drug on 3 the same medical terms or criteria applicable to indi- 4 viduals needing that service, treatment, therapy, pro- 5 cedure or drug, without regard to protected class 6 status; 7 ‘‘(B) any provider of mental health care, except 8 that this section shall not apply when the primary 9 objective is to assist a person in entering or sus- 10 taining a marriage, so long as the provider coordi- 11 nates a referral of the client to another qualified 12 mental health care provider who will provide the 13 needed service and the client is not in imminent dan- 14 ger of harming self or others; 15 ‘‘(C) nothing in subparagraph (B) shall apply 16 to a priest, pastor, rabbi, imam, or minister of any 17 faith while acting substantially in a ministerial ca- 18 pacity; and 19 ‘‘(D) a provider of medical services covered by 20 subparagraph (A) or a provider of mental health 21 care covered by subparagraph (B) may make evi- 22 dence-based medical determinations and may refer 23 patients when necessary for a patient’s best interests 24 and welfare, including professional expertise; 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1440 IH ‘‘(7) any place of or provider of transportation serv- 1 ices; 2 ‘‘(8) any provider of funeral services or burial plots, 3 except those that primarily limit their services or facilities 4 to those of a particular religion, unless such provider dis- 5 criminates because of race, color, or national origin; 6 ‘‘(9) any store, shopping center, or online retailer or 7 provider of online services that has 15 or more employees 8 for each working day in each of 20 or more calendar weeks 9 in the current or preceding calendar year. This employee 10 threshold shall not apply to a claim of discrimination be- 11 cause of race, color, or national origin or to a place of 12 public accommodation covered under paragraphs (1) 13 through (8);’’; and 14 (D) by inserting after paragraph (10) the 15 following: 16 ‘‘(11)(A) The provisions of this title shall not 17 apply to— 18 ‘‘(i) any building or collection of buildings 19 that is used primarily as a denominational 20 headquarters, church administrative office, or 21 church conference center; 22 ‘‘(ii) a place of worship, such as a church, 23 synagogue, mosque, chapel, and its appurtenant 24 properties used primarily for religious purposes; 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1440 IH ‘‘(iii) a religious educational institution 1 and its appurtenant properties used primarily 2 for religious purposes; 3 ‘‘(iv) in connection with a religious celebra- 4 tion or exercise: a facility that is supervised by 5 a priest, pastor, rabbi, imam, or minister of any 6 faith, or religious certifying body, and that is 7 principally engaged in providing food and bev- 8 erages in compliance with religious dietary re- 9 quirements; or 10 ‘‘(v) any online operations or activities of 11 an organization exempt under this section. 12 ‘‘(B) The following shall not be a place of pub- 13 lic accommodation, even if used for a commercial 14 purpose, except within the area and during the time 15 that the property or facility is open to the public; 16 operated primarily for a commercial purpose; and 17 not primarily related to the inculcation, promotion, 18 or expression of religion— 19 ‘‘(i) other appurtenant properties or facili- 20 ties owned or operated by a church, by another 21 house of worship, or by a religious educational 22 institution; or 23 ‘‘(ii) a property owned or operated pri- 24 marily for noncommercial purposes by a non- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1440 IH profit religious corporation that holds itself out 1 to the public as substantially religious, has as 2 its stated purpose in its organic documents that 3 it is religious, and is substantially religious in 4 its current operations. 5 ‘‘(C) Subparagraphs (A) and (B) shall not 6 apply to a person or entity that discriminates be- 7 cause of race, color, or national origin with respect 8 to a property or facility enumerated in subparagraph 9 (A) or (B). 10 ‘‘(12) Provided that equivalent treatment, serv- 11 ices, facilities, and benefits are made available and 12 without prejudicing rights or protections based on 13 any other protected class status— 14 ‘‘(A) nothing in this title that refers to 15 ‘sex’ shall be construed to prevent a fitness cen- 16 ter, spa, or similar place, whose services or fa- 17 cilities are intended for the exclusive use of per- 18 sons of the same sex, from providing the use of 19 those services or facilities exclusively to persons 20 of that sex or prohibit a place of public accom- 21 modation from temporarily restricting access to 22 a fitness center, spa, pool, or similar place, ac- 23 cording to sex; and 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1440 IH ‘‘(B) a place of public accommodation shall 1 reasonably accommodate a patron who requests 2 greater privacy within a facility intended for the 3 exclusive use of persons of the same sex. 4 ‘‘(13) Nothing in this title shall be construed to 5 require or prohibit any person, or public or private 6 entity, to provide or pay for any benefit or service, 7 including the use of facilities, related to an abortion. 8 Nothing in this title shall be construed to permit a 9 penalty to be imposed on any person or any indi- 10 vidual because such person or individual is seeking 11 or has received any benefit or service related to a 12 legal abortion.’’; and 13 (3) by adding at the end of subsection (e) the 14 following: 15 ‘‘(f) DEFINITIONS.—For purposes of this title: 16 ‘‘(1) The term ‘gender identity’ means the gen- 17 der-related identity, appearance, mannerisms, or 18 other gender-related characteristics of an individual, 19 without regard to the individual’s designated sex at 20 birth. A person’s gender identity can be shown by 21 providing evidence, including medical history, care or 22 treatment of the gender identity, consistent and uni- 23 form assertion of the gender identity, or other evi- 24 dence that the gender identity is sincerely held, part 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1440 IH of a person’s core identity, and not being asserted 1 for an improper purpose. 2 ‘‘(2) The term ‘sexual orientation’ means homo- 3 sexuality, heterosexuality, or bisexuality. 4 ‘‘(3) The term ‘online retailer or provider of on- 5 line services’ means a web page by a commercial 6 business not enumerated in paragraph (11) that in- 7 vites the general public to purchase a good or service 8 by use of a credit card or similar payment device 9 over the internet. It does not mean a web page that 10 gives information about a good or service, including 11 quality, price, or availability, but does not permit 12 such purchase directly from the web page. 13 ‘‘(4) The terms ‘religion’ and ‘religious’ include 14 all aspects of religious belief, observance, and prac- 15 tice, whether or not compelled by, or central to, a 16 system of religion. 17 ‘‘(5) The term ‘religious corporation, associa- 18 tion, educational institution, or society’ includes— 19 ‘‘(A) a church, synagogue, mosque, temple, 20 or other house of worship; 21 ‘‘(B) a nonprofit corporation, association, 22 educational institution, society, or other non- 23 profit entity that is, in whole or in substantial 24 part, owned, supported, controlled, or managed 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1440 IH by a particular religion or by a particular 1 church, denomination, convention, or associa- 2 tion of churches or other houses of worship; or 3 ‘‘(C) a nonprofit corporation, association, 4 educational institution, society, or other non- 5 profit entity that holds itself out to the public 6 as substantially religious, has as its stated pur- 7 pose in its organic documents that it is reli- 8 gious, and is substantially religious in its cur- 9 rent operations. 10 ‘‘(g) ADDITIONAL FACILITIES NOT REQUIRED.— 11 Nothing in this title shall be construed to require the con- 12 struction of new or additional facilities.’’. 13 SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY 14 FUNDED PROGRAMS. 15 The Civil Rights Act of 1964 (42 U.S.C. 2000d) is 16 amended— 17 (1) in section 601, by inserting ‘‘sex, sexual ori- 18 entation, gender identity,’’ before ‘‘or national ori- 19 gin.’’; 20 (2) in section 601, by adding at the end the fol- 21 lowing: 22 ‘‘Nothing in sections 602 through 614 of this title shall 23 be construed to alter or amend this section with respect 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1440 IH to discrimination on the ground of race, color, or national 1 origin.’’; 2 (3) in section 606, by striking ‘‘For the pur- 3 poses of this title’’ and inserting ‘‘Subject to section 4 607, for the purposes of this title’’; and 5 (4) by adding at the end the following: 6 ‘‘SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED 7 FOR PURPOSES OF RELIGIOUS ENTITIES AS 8 APPLIED TO SEX, SEXUAL ORIENTATION, OR 9 GENDER IDENTITY. 10 ‘‘For the purposes of this title, as applied to sex, sex- 11 ual orientation, and gender identity, for any religious cor- 12 poration, association, educational institution, or society, 13 the term ‘program or activity’ and the term ‘program’ are 14 limited to any specific program or activity, or part thereof, 15 that receives Federal financial assistance. Any penalty or 16 loss of Federal financial assistance assessed against such 17 a religious entity shall be limited to the program or activ- 18 ity or program, or part thereof, that is determined to have 19 violated section 601. 20 ‘‘SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS 21 RECEIVING ASSISTANCE. 22 ‘‘(a) IN GENERAL.—An otherwise qualified religious 23 provider shall be eligible to receive Federal financial as- 24 sistance for a particular service without regard to the pro- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1440 IH vider’s religious views or teachings, notwithstanding sec- 1 tion 2000d. Subject to this title, a religious organization 2 that applies for, or participates in, a program or activity 3 receiving Federal financial assistance shall retain its inde- 4 pendence and may continue to carry out its mission, in- 5 cluding the definition, development, and expression of its 6 religious beliefs. 7 ‘‘(b) SPECIFIC SAFEGUARDS.—Nothing in this title 8 prohibits a religious organization receiving Federal finan- 9 cial assistance from using space in its buildings and other 10 facilities to conduct its program or activities where there 11 is religious art, icons, messages, scriptures, or other sym- 12 bols. Additionally, the organization retains authority over 13 its internal governance and thus may have religious words 14 in the organization’s name, select members of its gov- 15 erning board based on religious criteria, and have religious 16 references in its mission statement and other governing 17 documents. 18 ‘‘(c) EDUCATIONAL AND CHILDCARE INSTITU- 19 TIONS.—A religious educational institution or daycare 20 center may enforce with reasonable consistency written re- 21 ligious standards in its admission criteria, educational pro- 22 grams, student retention policies, or residential life policy, 23 unless those standards would exclude or remove a student 24 solely because of a prohibited classification under section 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1440 IH 601 with respect to that student’s parent or legal guard- 1 ian. 2 ‘‘(d) MARRIAGE AND FAMILY EDUCATION, 3 STRENGTHENING, AND COUNSELING PROGRAMS.—For 4 purposes of sexual orientation and gender identity, a reli- 5 gious corporation, association, educational institution, or 6 society receiving Federal financial assistance shall be 7 deemed in compliance with section 601 notwithstanding 8 the content of any marriage or family education, strength- 9 ening, or counseling programming, provided that the re- 10 cipient does not exclude beneficiaries on the basis of sexual 11 orientation or gender identity. 12 ‘‘(1) REFERRAL OBLIGATION.—If a beneficiary 13 or prospective beneficiary objects to the religious 14 character of the recipient, the recipient will under- 15 take reasonable efforts as described in subsection 16 (d)(2) to identify and refer the beneficiary to an al- 17 ternative provider to which the beneficiary has no 18 objection; however, the recipient is not obligated to 19 guarantee that in every instance an alternative pro- 20 vider will be available. 21 ‘‘(2) AGENCY RESPONSIBILITIES.—Each agency 22 responsible for administering or supporting a social 23 service program with Federal financial assistance 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1440 IH shall establish policies and procedures designed to 1 ensure that— 2 ‘‘(A) appropriate and timely referrals are 3 made to an alternative provider; 4 ‘‘(B) all referrals are made in a manner 5 consistent with all applicable privacy laws and 6 regulations; 7 ‘‘(C) the recipient subject to subsection 8 (d)(1) notifies the agency of any referral; 9 ‘‘(D) such recipient has established a proc- 10 ess for determining whether the beneficiary has 11 contacted the alternative provider; and 12 ‘‘(E) each beneficiary of a marriage or 13 family education, strengthening, or counseling 14 program that receives Federal financial assist- 15 ance receives written notice of the protections 16 set forth in this section prior to enrolling in or 17 receiving services from such program. 18 ‘‘(3) RECIPIENT’S RESPONSIBILITIES.—The re- 19 ferral obligation of the recipient under section (d)(2) 20 shall be satisfied by the recipient if it— 21 ‘‘(A) makes appropriate and timely refer- 22 rals to an alternative provider; 23 ‘‘(B) refers in a manner consistent with all 24 applicable privacy laws and regulations; 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 1440 IH ‘‘(C) notifies the agency of the referral; 1 ‘‘(D) has established a process for deter- 2 mining whether the beneficiary has contacted 3 the alternative provider; and 4 ‘‘(E) can demonstrate that each bene- 5 ficiary of a social service program received writ- 6 ten notice of the protections set forth in this 7 section prior to enrolling in or receiving services 8 from such program. 9 ‘‘SEC. 609. SPECIALIZED FEDERAL FINANCIAL ASSISTANCE 10 TO AN ENTIRE ENTITY. 11 ‘‘(a) Any religious corporation, association, edu- 12 cational institution, or society that is otherwise eligible for 13 Federal financial assistance that is awarded to entities to 14 support the safety or infrastructure of the entity cannot 15 be excluded from assistance because of its religious beliefs 16 or practices. Such assistance includes Federal financial as- 17 sistance for historic preservation, disaster recovery, or fa- 18 cilities security. The religious corporation, association, 19 educational institution, or society shall be deemed in com- 20 pliance with section 601, provided that funds used for pro- 21 curement from a third-party vendor must be used in a 22 manner that complies with section 601. 23 ‘‘(b) For the purposes of this subsection, a religious 24 educational institution or daycare center that receives 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 15 •HR 1440 IH funds under the Richard B. Russell National School 1 Lunch Act shall not be deemed a recipient of Federal fi- 2 nancial assistance. 3 ‘‘SEC. 610. FEDERAL FINANCIAL ASSISTANCE FOR ADOP- 4 TION AND FOSTER CARE. 5 ‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION 6 OF POLICY.—The Congress hereby finds and declares the 7 following: 8 ‘‘(1) At-risk children deserve a safe and caring 9 family, and reducing the number of vulnerable chil- 10 dren without a permanent home is in the Federal in- 11 terest. 12 ‘‘(2) There is a national deficit in the number 13 of adoptive and foster parents and the private agen- 14 cies qualified to serve these children. Federal and 15 State governments should cooperate to encourage 16 new agencies to join the effort to serve the needs of 17 vulnerable children, alongside private agencies that 18 have already been doing that crucial work for dec- 19 ades, including agencies whose commitment to serve 20 arises from profound religious convictions. 21 ‘‘(3) By providing safe and welcoming homes to 22 vulnerable children, adoptive and foster care parents 23 serve the best interests of children and contribute to 24 the common good of our communities in ways that 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 16 •HR 1440 IH are irreplaceable. Such parents should be empowered 1 to adopt children based on their merits as parents, 2 without being thwarted by discriminatory obstacles. 3 ‘‘(4) By finding safe and welcoming homes for 4 vulnerable children, religious and other providers of 5 adoption and foster care services, facilitate connec- 6 tions between good parents and vulnerable children. 7 In doing so, such providers also contribute to the 8 common good of our communities in ways that are 9 irreplaceable. 10 ‘‘(5) The indirect funding program created by 11 this section is intended to be a permanent and fully 12 funded program that links vulnerable children to 13 good parents in order to serve the best interests of 14 children. This indirect funding program will do so by 15 ensuring that diverse adoption and foster-care pro- 16 viders, including religious providers, will continue to 17 receive Federal financial assistance. 18 ‘‘(6) Therefore, it is the policy of the Federal 19 Government to protect the best interests of at-risk 20 children by establishing minimum Federal standards 21 that guarantee the equal treatment of qualified fam- 22 ilies seeking to offer foster care or adoption and an 23 equal respect for the diversity of private agencies, 24 including religious agencies, that provide adoption 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 17 •HR 1440 IH and foster care services. This section shall be con- 1 strued in a manner consistent with these findings 2 and declaration of policy. 3 ‘‘(b) NONDISCRIMINATION REQUIREMENTS.—Fed- 4 eral financial assistance for adoption, foster care, or re- 5 lated services is subject to section 601, unless otherwise 6 provided in this section. Any entity that receives Federal 7 financial assistance to perform adoption or foster care 8 placements or related services, or that contracts with an 9 entity that receives Federal financial assistance for those 10 services, except for a private agency when participating 11 in the indirect funding program as described under sub- 12 section (c)(2)(B) or (d)(1), may not in the course of per- 13 forming an adoption, foster care, or related service dis- 14 criminate against a prospective parent or a child because 15 of race, color, national origin, sex, sexual orientation, or 16 gender identity. 17 ‘‘(1) An entity unlawfully discriminates against 18 a prospective parent by— 19 ‘‘(A) denying to any qualified person equal 20 access to or equal treatment during the adop- 21 tion or foster care evaluation and placement 22 process because of the race, color, national ori- 23 gin, sex, sexual orientation or gender identity of 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 18 •HR 1440 IH the qualified prospective adoptive or foster par- 1 ent or of the child involved; 2 ‘‘(B) delaying or denying the placement of 3 a child for adoption or into foster care because 4 of the race, color, national origin, sex, sexual 5 orientation, or gender identity of the qualified 6 prospective adoptive or foster parent, or of the 7 child involved; 8 ‘‘(C) requiring different or additional 9 screenings, processes, or procedures for adop- 10 tive or foster care placement because of the 11 race, color, national origin, sex, sexual orienta- 12 tion, or gender identity of the qualified prospec- 13 tive adoptive or foster parent, or of the child in- 14 volved; 15 ‘‘(D) requiring a qualified prospective fos- 16 ter parent to subscribe to subparagraph (D) or 17 (E) of section (b)(2); or 18 ‘‘(E) excluding a qualified prospective 19 adoptive or foster parent because of the par- 20 ent’s religion. 21 ‘‘(2) An entity unlawfully discriminates against 22 a child by— 23 ‘‘(A) denying to any qualified person equal 24 access to or equal treatment during the adop- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 19 •HR 1440 IH tion or foster care evaluation and placement 1 process because of the race, color, national ori- 2 gin, sex, sexual orientation, or gender identity 3 of the qualified prospective adoptive or foster 4 parent, or of the child involved; 5 ‘‘(B) delaying or denying the placement of 6 a child for adoption or into foster care because 7 of the race, color, national origin, sex, sexual 8 orientation, or gender identity of the qualified 9 prospective adoptive or foster parent, or of the 10 child involved; 11 ‘‘(C) requiring different or additional 12 screenings, processes, or procedures for adop- 13 tive or foster care placement because of the 14 race, color, national origin, sex, sexual orienta- 15 tion, or gender identity of the qualified prospec- 16 tive adoptive or foster parent, or of the child in- 17 volved; 18 ‘‘(D) treating a child in the legal custody 19 of the State inconsistently with the child’s gen- 20 der identity, as demonstrated by the child’s 21 medical history, care or treatment of the child’s 22 gender identity, consistent and uniform asser- 23 tion of the gender identity, or other evidence 24 that the gender identity is sincerely held, is 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 20 •HR 1440 IH part of the child’s core identity, and is not 1 being asserted for an improper purpose; or 2 ‘‘(E) subjecting any child in the legal cus- 3 tody of the State to any practice or treatment 4 that seeks to change the child’s sexual orienta- 5 tion or gender identity. It shall be lawful for a 6 professional counselor licensed by the State to 7 assist a minor, without regard to sexual ori- 8 entation or gender identity, to prevent or ad- 9 dress unlawful conduct or unsafe sexual prac- 10 tices. 11 ‘‘(c) INDIRECT FUNDING OF ADOPTION AND FOSTER 12 CARE SERVICES.— 13 ‘‘(1) ESTABLISHMENT OF INDIRECT FUNDING 14 PROGRAM.—The Department of Health and Human 15 Services, the Social Security Administration, the De- 16 partment of State, and any other agency authorized 17 by Federal law to administer Federal financial as- 18 sistance for the support of adoption and foster care 19 services shall issue final rules within two years of 20 the enactment of this Act to create an indirect fund- 21 ing program that delivers Federal financial assist- 22 ance to eligible prospective parents for the purpose 23 of obtaining such services through a qualified private 24 agency that they select. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 21 •HR 1440 IH ‘‘(A) This indirect funding program will 1 entitle a qualified State resident to receive a 2 certificate to assist with the costs of a personal 3 assessment, background check, home study, en- 4 dorsement, certification of a person’s eligibility 5 to act as the guardian of a child in foster care 6 or as the parent of a child available for adop- 7 tion, and placement of a child with an eligible 8 individual or family. 9 ‘‘(B) A substantial proportion of appro- 10 priated Federal financial assistance for adop- 11 tion or foster care services, including assistance 12 available under part B and part E of title IV 13 of the Social Security Act, shall be allocated to 14 fund the indirect funding program through the 15 issuance of a certificate to eligible prospective 16 parents. 17 ‘‘(C) Each certificate shall be worth an 18 amount to be determined through agency rule- 19 making, but in no event less than $3,000 as in- 20 dexed to the Consumer Price Index as of Janu- 21 ary 1, 2019. 22 ‘‘(D) Participation in this indirect funding 23 program may not be delayed or denied because 24 of a State resident’s race, color, national origin, 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 22 •HR 1440 IH religion, sex, sexual orientation, or gender iden- 1 tity. 2 ‘‘(E) The responsible Federal agencies 3 shall establish policies and procedures designed 4 to ensure that where a referral is required by 5 this section— 6 ‘‘(i) an appropriate and timely referral 7 is made to an alternative provider; 8 ‘‘(ii) all referrals are made in a man- 9 ner consistent with applicable privacy laws 10 and regulations; 11 ‘‘(iii) the provider of adoption and fos- 12 ter care placement or related services noti- 13 fies the agency of any referral; and 14 ‘‘(iv) each applicant for and recipient 15 of adoption or foster care placement or re- 16 lated services from a provider that receives 17 Federal financial assistance will receive 18 written notice from the provider of the pro- 19 tections set forth in this section when ap- 20 plying for or receiving such services. 21 ‘‘(2) IMPLEMENTATION OF INDIRECT FUNDING 22 PROGRAM.— 23 ‘‘(A) APPROVED STATE PLAN.—To be eli- 24 gible for Federal financial assistance for adop- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 23 •HR 1440 IH tion or foster care services under part B or part 1 E of title IV of the Social Security Act, a State 2 must develop a written plan approved by the 3 Secretary of the Department of Health and 4 Human Services providing that— 5 ‘‘(i) the State has established rules, 6 policies, and procedures within 6 months 7 after issuance of final rules under sub- 8 section (c)(1) that ensures the State’s full 9 participation in the indirect funding pro- 10 gram by making available to each qualified 11 State resident on request a certificate as 12 prescribed by subsection (c)(1), to be used 13 solely for the services enumerated in sub- 14 section (c)(1). This certificate may com- 15 mingle funding from Federal and State 16 sources, and such commingled revenues 17 shall be deemed Federal financial assist- 18 ance; 19 ‘‘(ii) the State uses its best efforts to 20 increase the number of private organiza- 21 tions within each catchment area that are 22 qualified to provide foster care and adop- 23 tion services, including organizations will- 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 24 •HR 1440 IH ing to serve all qualified prospective par- 1 ents; 2 ‘‘(iii) the State publishes and main- 3 tains a current list of licensed adoption 4 and foster care providers with offices in 5 the State, by catchment area, which list 6 will identify providers that serve all appli- 7 cants, as well as those that serve particular 8 communities and those that provide par- 9 ticular services; 10 ‘‘(iv) the State performs a prompt and 11 cost-free eligibility assessment for every 12 prospective parent who applies for a cer- 13 tificate, informs every eligible prospective 14 parent of the licensed adoption and foster 15 care providers in the participant’s 16 catchment area, and may provide addi- 17 tional information to facilitate the prospec- 18 tive parent’s selection of a provider; 19 ‘‘(v) any State resident eligible to act 20 as a foster parent or adoptive parent has 21 an equal opportunity to obtain adoption or 22 foster care related services from a provider 23 who accepts the certificate described in 24 section (c)(1); and 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 25 •HR 1440 IH ‘‘(vi) when a qualified individual seek- 1 ing adoption or foster care placement or 2 related services is unable to obtain such 3 services from a particular provider— 4 ‘‘(I) there is at least one other 5 willing and qualified provider of such 6 service in the same or adjacent 7 catchment area that will serve all 8 qualified individuals; 9 ‘‘(II) the provider gives an appro- 10 priate and timely referral to at least 11 one alternative provider; 12 ‘‘(III) each referral is made in a 13 manner consistent with applicable pri- 14 vacy laws and regulations; and 15 ‘‘(IV) the provider of adoption 16 and foster care placement or related 17 services notifies the State of any re- 18 ferral that is issued. 19 ‘‘(B) PROTECTIONS FOR PRIVATE AGEN- 20 CIES.—No State or local government may— 21 ‘‘(i) deny any licensed provider of 22 adoption or foster care placement or re- 23 lated services the opportunity to partici- 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 26 •HR 1440 IH pate in the certificate program prescribed 1 by subsection (c)(1); 2 ‘‘(ii) deny any licensed provider of 3 adoption or foster care placement or re- 4 lated services reasonable payment for serv- 5 ices actually rendered in reliance on a cer- 6 tificate; 7 ‘‘(iii) require a provider of adoption or 8 foster care placement or related services to 9 perform such services in a particular in- 10 stance as a condition of participating in 11 the certificate program prescribed by sub- 12 section (c)(1), unless such service is re- 13 quired by Federal law or imposed pursuant 14 to an agreement between the provider and 15 the State that compensates the provider 16 for such service exclusively with State reve- 17 nues; and 18 ‘‘(iv) withhold, suspend, or terminate 19 contracts, cooperative agreements, grants, 20 or other financial assistance when a pro- 21 vider of adoption or foster care placement 22 or related services takes any action per- 23 mitted under this title. 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 27 •HR 1440 IH ‘‘(3) AUTHORITY TO WITHHOLD FUNDS.—If a 1 State fails to participate in the indirect funding pro- 2 gram, develop an appropriate State plan, or to com- 3 ply with this section in any other respect, the Sec- 4 retary shall, after appropriate notice and failure to 5 comply, withhold payment to the State of amounts 6 otherwise payable under part B or E of title IV of 7 the Social Security Act (42 U.S.C. 621 et seq., 670 8 et seq.), to the extent that the Secretary deems the 9 withholding necessary to induce compliance. A State 10 may elect not to comply with its duties under this 11 section on condition that it declines Federal financial 12 assistance for adoption and foster care. 13 ‘‘(d) PRIVATE RECIPIENTS OF FEDERAL FINANCIAL 14 ASSISTANCE.— 15 ‘‘(1) PROTECTION FOR DIVERSE PROVIDERS.— 16 A private organization that is eligible to receive Fed- 17 eral financial assistance through the certificate pro- 18 gram prescribed by subsection (c)(1) for providing 19 any adoption or foster care placement or related 20 services may— 21 ‘‘(A) decline to accept a certificate without 22 being obligated to perform a particular service, 23 despite receiving certificates to perform other 24 covered adoption or foster care services, so long 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 28 •HR 1440 IH as the provider gives a referral to the certificate 1 holder consistent with section (c)(2)(A)(vi)(II)– 2 (IV); or 3 ‘‘(B) after accepting a certificate, facilitate 4 a mutually voluntary referral that does not un- 5 reasonably delay or disrupt the adoption or fos- 6 ter care evaluation and placement process. 7 ‘‘(2) MISREPRESENTATION.—After accepting a 8 certificate, a provider of adoption or foster care serv- 9 ices may terminate its relationship with a prospec- 10 tive parent who makes a material misrepresentation 11 of a fact that the prospective parent knew or should 12 have known that the agency specifically requested. 13 Such agency shall provide a referral consistent with 14 subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose 15 its right under subsection (c)(2)(B)(ii) to reasonable 16 payment for services actually performed. 17 ‘‘(3) PROTECTION FOR CUSTODIAL PARENTS.— 18 A private organization that has received Federal fi- 19 nancial assistance through the certificate program 20 prescribed by subsection (c)(1) shall not discriminate 21 against the custodial parent of a child in foster care 22 because of the custodial parent’s race, color, national 23 origin, religion, sex, sexual orientation, or gender 24 identity with respect to the monitoring of a parent 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 29 •HR 1440 IH whom the provider has previously endorsed or with 1 whom the provider has placed a child. 2 ‘‘(e) MISCELLANEOUS.— 3 ‘‘(1) CUSTODY OF CHILD IN FOSTER CARE.— 4 For purposes of this section, a child in foster care 5 shall be deemed to be in the legal custody of the 6 State. 7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 8 this section shall be construed to prohibit an entity 9 receiving Federal financial assistance for adoption, 10 foster care, or related services from making an indi- 11 vidualized placement assessment in the best interest 12 of the child’s health, safety, and welfare. 13 ‘‘(3) EFFECTIVE DATES.— 14 ‘‘(A) IN GENERAL.—Except as described in 15 subsection (e)(1)(B), the protections under sub- 16 section (b) shall become effective on the date of 17 enactment. 18 ‘‘(B) RELIGIOUS PROVIDER EXEMPTION.— 19 ‘‘(i) Section (b)(1) shall come into ef- 20 fect with respect to a religious adoption or 21 foster care provider 12 months after the 22 State where the provider operates has im- 23 plemented the certificate program as de- 24 scribed in section (c)(2)(A). 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 30 •HR 1440 IH ‘‘(ii) If the certificate program is not 1 substantially funded as required by sub- 2 section (c), the protections described by 3 subsection (b)(1) shall become unenforce- 4 able as to a religious adoption or foster 5 care provider until funding is provided or 6 restored. 7 ‘‘(iii) For purposes of this section, ‘re- 8 ligious adoption or foster care provider’ 9 means a licensed or accredited nonprofit 10 provider of adoption or foster care services 11 that— 12 ‘‘(I) is in whole or substantial 13 part, owned, supported, controlled, or 14 managed by a particular religion or by 15 a particular church, denomination, 16 convention, or association of churches 17 or other houses of worship; or 18 ‘‘(II) holds itself out to the public 19 as substantially religious, has as its 20 stated purpose in its organic docu- 21 ments that it is religious, and is sub- 22 stantially religious in its current oper- 23 ations. 24 ‘‘(4) PRIVATE RIGHTS OF ACTION.— 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 31 •HR 1440 IH ‘‘(A) Nothing in this section shall be con- 1 strued to authorize a right of action against a 2 private organization for the exercise of rights 3 provided under subsection (d)(1). 4 ‘‘(B) A private right of action may be 5 brought by a private organization under section 6 1107. 7 ‘‘(5) SUPPLANTING PROHIBITED.—Any Federal 8 funds received under this section shall be used to 9 supplement, not supplant, non-Federal funds that 10 would otherwise be available for activities funded 11 under this subchapter. 12 ‘‘(6) EFFECT ON FEDERAL LAWS RESPECTING 13 RACIAL DISCRIMINATION.—Nothing in this section 14 shall be construed to alter, affect, or supersede any 15 Federal law that addresses discrimination because of 16 race, color, or national origin by any State or private 17 organization that receives Federal financial assist- 18 ance for adoption or foster care placement or related 19 services. 20 ‘‘(7) APPLICATION TO STATES WITH WAIV- 21 ERS.—For any State that, on the date of enactment 22 of this Act, has in effect a waiver approved under 23 section 1130 of the Social Security Act (42 U.S.C. 24 1320a–9), the amendments to this title shall not 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 32 •HR 1440 IH apply to that State before the expiration of the waiv- 1 er (determined without regard to any extensions), to 2 the extent that an amendment is inconsistent with 3 the terms of the waiver. 4 ‘‘(8) EFFECT ON STATE LAWS.—Nothing in 5 this section shall be construed to supersede a State 6 or local law, policy, or contract addressing the legal 7 conditions of receiving Government funding for 8 adoption or foster care services, provided that the 9 State or local law does not directly conflict with this 10 section. 11 ‘‘SEC. 611. SEX-SPECIFIC SEGREGATION OR PROGRAMS. 12 ‘‘(a) If sex segregation or sex-specific programming 13 is necessary to the essential operation of a program or 14 activity, nothing in this title shall prevent any such pro- 15 gram or activity from considering an individual’s sex, pro- 16 vided that where appropriate to accomplish the purpose 17 of the program or activity, individuals are treated in ac- 18 cordance with their gender identity. 19 ‘‘(b) An educational institution receiving Federal fi- 20 nancial assistance shall reasonably accommodate a student 21 who requests greater privacy with respect to the use of 22 a facility designated for the exclusive use of persons of 23 the same sex, provided that the accommodation does not 24 exclude any student from such a facility to which the stu- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 33 •HR 1440 IH dent has a right of access or otherwise prejudice any right 1 or privilege protected under this title. 2 ‘‘(c) Nothing in this title shall be construed to alter 3 or affect the Violence Against Women Act of 1994. 4 ‘‘SEC. 612. NEUTRALITY WITH RESPECT TO ABORTION. 5 ‘‘Nothing in this title shall be construed to require 6 or prohibit any person, or public or private entity, to pro- 7 vide or pay for any benefit or service, including the use 8 of facilities, related to an abortion. Nothing in this title 9 shall be construed to permit a penalty to be imposed on 10 any person or any individual because such person or indi- 11 vidual is seeking or has received any benefit or service re- 12 lated to a legal abortion. 13 ‘‘SEC. 613. NO EFFECT ON TITLE IX. 14 ‘‘Nothing contained in this title shall be construed to 15 alter or affect title IX of the Education Amendments of 16 1972 (20 U.S.C. 1681 et seq.). Any claim that a person 17 has been excluded because of sex from participation in, 18 or denied the benefits of, or subjected to discrimination 19 with respect to any education program or activity that re- 20 ceives Federal financial assistance shall be governed by 21 title IX and not this title. 22 ‘‘SEC. 614. ADDITIONAL DEFINITIONS. 23 ‘‘For purposes of this title: 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 34 •HR 1440 IH ‘‘(1) The term ‘gender identity’ means the gen- 1 der-related identity, appearance, mannerisms, or 2 other gender-related characteristics of an individual, 3 without regard to the individual’s designated sex at 4 birth. A person’s gender identity can be shown by 5 providing evidence, including medical history, care or 6 treatment of the gender identity, consistent and uni- 7 form assertion of the gender identity, or other evi- 8 dence that the gender identity is sincerely held, part 9 of a person’s core identity, and not being asserted 10 for an improper purpose. 11 ‘‘(2) The terms ‘religion’ and ‘religious’ include 12 all aspects of religious belief, observance, and prac- 13 tice, whether or not compelled by, or central to, a 14 system of religion. 15 ‘‘(3) The term ‘religious corporation, associa- 16 tion, educational institution, or society’ includes— 17 ‘‘(A) a church, synagogue, mosque, temple, 18 or other house of worship; 19 ‘‘(B) a nonprofit corporation, association, 20 educational institution, society, or other non- 21 profit entity that is, in whole or substantial 22 part, owned, supported, controlled, or managed 23 by a particular religion or by a particular 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 35 •HR 1440 IH church, denomination, convention, or associa- 1 tion of churches or other houses of worship; or 2 ‘‘(C) a nonprofit corporation, association, 3 educational institution, society, or other non- 4 profit entity that holds itself out to the public 5 as substantially religious, has as its stated pur- 6 pose in its organic documents that it is reli- 7 gious, and is substantially religious in its cur- 8 rent operations. 9 ‘‘(4) The term ‘religious educational institution’ 10 includes any preschool, primary, secondary or post- 11 secondary educational institution that is— 12 ‘‘(A) in whole or in substantial part, 13 owned, supported, controlled, or managed by a 14 particular religion or by a particular church, de- 15 nomination, convention, or association of 16 churches or other houses of worship; or 17 ‘‘(B) a nonprofit corporation organized for 18 educational purposes that holds itself out to the 19 public as substantially religious, has as its stat- 20 ed purpose in its organic documents that it is 21 religious, and is substantially religious in its 22 current operations. 23 ‘‘(5) The term ‘sexual orientation’ means homo- 24 sexuality, heterosexuality, or bisexuality.’’. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 36 •HR 1440 IH SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 1 (a) DEFINITIONS.—Section 701 of the Civil Rights 2 Act of 1964 (42 U.S.C. 2000e) is amended— 3 (1) in subsection (j) by inserting ‘‘(1)’’ after 4 ‘‘(j)’’; 5 (2) in subsection (j)(1) by inserting ‘‘, after ini- 6 tiating and engaging in an affirmative and bona fide 7 effort,’’ after ‘‘unable’’; 8 (3) in subsection (j)(1) by striking ‘‘an employ- 9 ee’s’’ and all that follows through ‘‘religious’’ and in- 10 serting ‘‘an employee’s religious’’; 11 (4) by adding at the end of subsection (j)(1) 12 the following: 13 ‘‘(2)(A) In this subsection, the term ‘employee’ 14 includes an employee (as defined in subsection (f)), 15 or a prospective employee, who, with or without rea- 16 sonable accommodation, is qualified to perform the 17 essential functions of the employment position that 18 such individual holds or desires. 19 ‘‘(B) In this paragraph, the term ‘perform the 20 essential functions’ includes carrying out the core re- 21 quirements of an employment position and does not 22 include carrying out practices relating to clothing, 23 practices relating to taking time off, or other prac- 24 tices that may have a temporary or tangential im- 25 pact on the ability to perform job functions, if any 26 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 37 •HR 1440 IH of the practices described in this subparagraph re- 1 strict the ability to wear religious clothing, to take 2 time off for a holy day, or to participate in a reli- 3 gious observance or practice. 4 ‘‘(3) In this subsection, the term ‘undue hard- 5 ship’ means an accommodation requiring significant 6 difficulty or expense. 7 ‘‘(A) For purposes of determining whether 8 an accommodation requires significant difficulty 9 or expense, factors to be considered in making 10 the determination shall include— 11 ‘‘(i) the identifiable cost of the accom- 12 modation, including the costs of loss of 13 productivity and of retraining or hiring 14 employees or transferring employees from 15 one facility to another; 16 ‘‘(ii) the overall financial resources 17 and size of the employer involved, relative 18 to the number of its employees; 19 ‘‘(iii) for an employer with multiple 20 facilities, the geographic separateness or 21 administrative or fiscal relationship of the 22 facilities; and 23 ‘‘(iv) whether the accommodation will 24 obstruct the employer from providing its 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 38 •HR 1440 IH customers or clients the full and equal en- 1 joyment of the goods, services, facilities, 2 privileges, advantages, and accommoda- 3 tions offered. 4 ‘‘(B) An employer shall not be required to 5 provide an accommodation that will result in 6 the violation of Federal or State law nor result 7 in liability for a hostile work environment.’’; 8 and 9 (5) by inserting after subsection (n) the fol- 10 lowing: 11 ‘‘(o)(1) The term ‘gender identity’ means the gender- 12 related identity, appearance, mannerisms, or other gender- 13 related characteristics of an individual, without regard to 14 the individual’s designated sex at birth. A person’s gender 15 identity can be shown by providing evidence, including 16 medical history, care or treatment of the gender identity, 17 consistent and uniform assertion of the gender identity, 18 or other evidence that the gender identity is sincerely held, 19 part of a person’s core identity, and not being asserted 20 for an improper purpose. 21 ‘‘(2) The term ‘sexual orientation’ means homosex- 22 uality, heterosexuality, or bisexuality. 23 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 39 •HR 1440 IH ‘‘(3) The terms ‘religion’ and ‘religious’ include all 1 aspects of religious belief, observance, and practice, wheth- 2 er or not compelled by, or central to, a system of religion. 3 ‘‘(4) The term ‘religious corporation, association, 4 educational institution, or society’ includes— 5 ‘‘(A) a church, synagogue, mosque, temple, or 6 other house of worship; 7 ‘‘(B) a nonprofit corporation, association, edu- 8 cational institution, society, or other nonprofit entity 9 that is, in whole or substantial part, owned, sup- 10 ported, controlled, or managed by a particular reli- 11 gion or by a particular church, denomination, con- 12 vention, or association of churches or other houses 13 of worship; or 14 ‘‘(C) a nonprofit corporation, association, edu- 15 cational institution, society, or other nonprofit entity 16 that holds itself out to the public as substantially re- 17 ligious, has as its stated purpose in its organic docu- 18 ments that it is religious, and is substantially reli- 19 gious in its current operations.’’. 20 (b) EXEMPTION.—Section 702(a) of the Civil Rights 21 Act of 1964 (42 U.S.C. 2000e–1(a)) is amended— 22 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 23 (2) by striking ‘‘State, or’’ and inserting the 24 following: 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 40 •HR 1440 IH ‘‘State. 1 ‘‘(2)(A) This title shall not apply’’; and 2 (3) by adding at the end of paragraph (2) the 3 following: 4 ‘‘(B) EXEMPT ORGANIZATIONS.—With respect 5 to claims of employment discrimination because of 6 sexual orientation or gender identity, nothing in this 7 subchapter shall apply to the following: 8 ‘‘(i) a church or its integrated auxiliaries, 9 a convention or association of churches, or a re- 10 ligious order, as described in section 11 6033(a)(3)(A)(i) and section 6033(a)(3)(A)(iii) 12 of the Internal Revenue Code of 1986; 13 ‘‘(ii) a religious organization described in 14 sections 501(c)(3) and 509(a)(1), (2), or (3) 15 that is covered by an Internal Revenue Service 16 group exemption letter issued to a church or a 17 convention or association of churches; 18 ‘‘(iii) a religious educational institution 19 that is eligible for exemption under section 20 703(e)(2) of this subchapter; 21 ‘‘(iv) a religious corporation, association, 22 or society under section 702(a) of this sub- 23 chapter that is eligible for tax-exempt status 24 under section 501(c)(3) of the Internal Revenue 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 41 •HR 1440 IH Code of 1986 and that employs only individuals 1 of the employer’s religion, unless the employee 2 demonstrates that the employer has not applied 3 with reasonable consistency its religious stand- 4 ard cited as the reason for the adverse employ- 5 ment action; or 6 ‘‘(v) any association exclusively composed 7 of employers exempt under paragraph 8 (2)(B)(i)–(iv). 9 ‘‘(C) A claim under this subchapter 10 against an employer described by section 11 702(a)(2)(B) for discrimination because of sex 12 shall not include claims of discrimination be- 13 cause of sexual orientation or gender identity. 14 This provision shall not otherwise affect claims 15 of sex discrimination, and nothing in this provi- 16 sion shall prevent a person, regardless of sexual 17 orientation or gender identity, from bringing a 18 claim of sex discrimination. 19 ‘‘(D) No religious corporation, association, 20 or society otherwise eligible under paragraph 21 (2)(B)(iv) of this section shall be ineligible be- 22 cause of nonrecognition under section 501(c)(3) 23 of the Internal Revenue Code, unless such tax 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 42 •HR 1440 IH treatment is consistent with section 1 501(c)(3)(B) of that Code. 2 ‘‘(E) No employer whose primary purpose 3 and activity is to deliver medical services shall 4 be eligible for the exemptions under section 5 702(a)(2)(B). 6 ‘‘(F) Nothing in this section shall prejudice 7 rights and defenses available under sections 8 702(a) and 703(e)(2).’’. 9 (c) UNLAWFUL EMPLOYMENT PRACTICES.—Section 10 703 of such Act (42 U.S.C. 2000e–2) is amended— 11 (1) except in subsection (e), by inserting ‘‘sex- 12 ual orientation, gender identity,’’ immediately before 13 ‘‘or national origin’’ each place it appears; 14 (2) in subsection (e)(1), by striking ‘‘enter- 15 prise,’’ and inserting ‘‘enterprise, if an individual is 16 recognized as qualified in accordance with gender 17 identity when sex is a bona fide occupational quali- 18 fication,’’; 19 (3) in the heading of subsection (m), by strik- 20 ing ‘‘SEX,’’ and inserting ‘‘SEX, SEXUAL ORIENTA- 21 TION, GENDER IDENTITY,’’; and 22 (4) by adding at the end the following: 23 ‘‘(o)(1) In this section: 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 43 •HR 1440 IH ‘‘(A) The term ‘employee’ has the meaning 1 given the term in section 701(j)(2). 2 ‘‘(B) The term ‘leave of general usage’ means 3 leave provided under the policy or program of an 4 employer, under which— 5 ‘‘(i) an employee may take leave by adjust- 6 ing or altering the work schedule or assignment 7 of the employee according to criteria deter- 8 mined by the employer; and 9 ‘‘(ii) the employee may determine the pur- 10 pose for which the leave is to be utilized. 11 ‘‘(2) For purposes of determining whether an em- 12 ployer has committed an unlawful employment practice 13 under this title by failing to provide a reasonable accom- 14 modation to the religious observance or practice of an em- 15 ployee, for an accommodation to be considered to be rea- 16 sonable, the accommodation shall remove the conflict be- 17 tween employment requirements and the religious observ- 18 ance or practice of the employee. 19 ‘‘(3) An employer shall be considered to commit such 20 a practice by failing to provide such a reasonable accom- 21 modation for an employee if the employer refuses to per- 22 mit the employee to utilize leave of general usage to re- 23 move such a conflict solely because the leave will be used 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 44 •HR 1440 IH to accommodate the religious observance or practice of the 1 employee.’’. 2 (d) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 3 Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 4 2000e–3) is amended— 5 (1) in subsection (b) by inserting ‘‘sexual ori- 6 entation, gender identity,’’ before ‘‘national origin’’ 7 each place it appears; 8 (2) in subsection (b) by striking ‘‘employment.’’ 9 and inserting ‘‘employment, if an individual is recog- 10 nized as qualified in accordance with gender identity 11 when sex is a bona fide occupational qualification.’’; 12 and 13 (3) by inserting after subsection (b) the fol- 14 lowing: 15 ‘‘(c) PROHIBITED SANCTIONS FOR CERTAIN EM- 16 PLOYEE SPEECH.— 17 ‘‘(1) An employee may express the employee’s 18 religious, political, or moral beliefs in the workplace 19 in a reasonable, nondisruptive, and nonharassing 20 way on equal terms with similar types of expression 21 of beliefs allowed by the employer in the workplace, 22 unless the expression is in direct and substantial 23 conflict with the essential business-related interests 24 of the employer. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 45 •HR 1440 IH ‘‘(2) An employer may not discharge, demote, 1 terminate, or refuse to hire any person, or retaliate 2 against, harass, or discriminate in matters of com- 3 pensation or in terms, privileges, and conditions of 4 employment against any person otherwise qualified 5 for employment, for lawful expression or expressive 6 activity outside of the workplace regarding the per- 7 son’s beliefs that— 8 ‘‘(A) marriage is or should be recognized 9 as a union of one man and one woman, or one 10 woman and one woman, or one man and one 11 man; or 12 ‘‘(B) sexual activity should or should not 13 be reserved for spouses within a marriage. 14 The employee’s expression is not protected under 15 subsection (c)(2) if it directly and materially im- 16 pedes the employee’s performance of an essential job 17 function. 18 ‘‘(3) Paragraphs (1) and (2) shall not apply to 19 a nonprofit organization that operates to express or 20 advocate particular viewpoints, or to an employer 21 that is a religious corporation, association, edu- 22 cational institution, or society covered by section 23 701(o)(4).’’. 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 46 •HR 1440 IH (e) CLAIMS.—Section 706(g)(2)(A) of the Civil 1 Rights Act of 1964 (42 U.S.C. 2000e–5(g)(2)(A)) is 2 amended by striking ‘‘sex,’’ and inserting ‘‘sex, sexual ori- 3 entation, gender identity,’’. 4 (f) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec- 5 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 6 2000e–16) is amended— 7 (1) in subsection (a), by striking ‘‘sex,’’ and in- 8 serting ‘‘sex, sexual orientation, gender identity,’’; 9 and 10 (2) in subsection (c), by striking ‘‘sex’’ and in- 11 serting ‘‘sex, sexual orientation, gender identity,’’. 12 (g) GOVERNMENT EMPLOYEE RIGHTS ACT OF 13 1991.—The Government Employee Rights Act of 1991 14 (title III of Public Law 102–166; 42 U.S.C. 2000e–16 et 15 seq.) is amended— 16 (1) in section 301(b), by striking ‘‘sex,’’ and in- 17 serting ‘‘sex, sexual orientation, gender identity,’’; 18 and 19 (2) in section 302(a)(1), by striking ‘‘sex,’’ and 20 inserting ‘‘sex, sexual orientation, gender identity,’’. 21 (h) ADDITIONAL FACILITIES NOT REQUIRED.—The 22 Civil Rights Act of 1964 (42 U.S.C. 2000e–18) is amend- 23 ed by adding at the end the following: 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 47 •HR 1440 IH ‘‘SEC. 719. Nothing in this subchapter shall be con- 1 strued to require the construction of new or additional fa- 2 cilities.’’. 3 (i) PRIVACY IN SEX-DESIGNATED FACILITIES.—The 4 Civil Rights Act of 1964 (42 U.S.C. 2000e–19), as amend- 5 ed by subsection (h), is amended by adding at the end 6 the following: 7 ‘‘SEC. 720. If equivalent facilities and benefits are 8 made available and without regard to a prohibited classi- 9 fication under this subchapter, an employer shall reason- 10 ably accommodate an employee who requests greater pri- 11 vacy within a facility intended for the exclusive use of per- 12 sons of the same sex.’’. 13 (j) INTERVENTION.—Section 902 of the Civil Rights 14 Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting 15 ‘‘sexual orientation, gender identity,’’ before ‘‘or national 16 origin,’’. 17 (k) CONGRESSIONAL ACCOUNTABILITY ACT OF 18 1995.—Section 201(a)(1) of the Congressional Account- 19 ability Act of 1995 (2 U.S.C. 1311(a)(1)) is amended by 20 inserting ‘‘sexual orientation, gender identity,’’ before ‘‘or 21 national origin,’’. 22 (l) TITLE 5, UNITED STATES CODE.—Chapter 23 of 23 title 5, United States Code, is amended— 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 48 •HR 1440 IH (1) in section 2301(b)(2), by striking ‘‘sex,’’ 1 and inserting ‘‘sex, sexual orientation, gender iden- 2 tity,’’; and 3 (2) in section 2302— 4 (A) in subsection (b)(1)(A), by inserting 5 ‘‘sexual orientation, gender identity,’’ before ‘‘or 6 national origin,’’; and 7 (B) in subsection (d)(1), by inserting ‘‘sex- 8 ual orientation, gender identity,’’ before ‘‘or na- 9 tional origin;’’. 10 SEC. 5. HOUSING DISCRIMINATION PROHIBITED. 11 (a) IN GENERAL.— 12 (1) Section 804 of the Fair Housing Act (42 13 U.S.C. 3604) is amended by inserting ‘‘sexual ori- 14 entation, gender identity,’’ after ‘‘sex’’ each place 15 that term appears. 16 (2) Section 805 of the Fair Housing Act (42 17 U.S.C. 3605) is amended by inserting ‘‘sexual ori- 18 entation, gender identity,’’ after ‘‘sex’’ each place 19 that term appears. 20 (3) Section 806 of the Fair Housing Act (42 21 U.S.C. 3606) is amended by inserting ‘‘sexual ori- 22 entation, gender identity,’’ after ‘‘sex’’ each place 23 that term appears. 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 49 •HR 1440 IH (4) Section 807 of the Fair Housing Act (42 1 U.S.C. 3607) is amended by inserting ‘‘or to persons 2 who adhere to its religion’’ immediately after the 3 phrase ‘‘persons of the same religion’’ and ‘‘or ad- 4 herence to such beliefs, observances, tenets, or prac- 5 tices’’ immediately before ‘‘or from giving preference 6 to such persons’’. 7 (5) Section 808 of the Fair Housing Act (42 8 U.S.C. 3608) is amended by inserting ‘‘sexual ori- 9 entation, gender identity,’’ after ‘‘sex’’ each place 10 that term appears. 11 (b) PREVENTION OF INTIMIDATION.—Section 901 of 12 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended 13 by inserting ‘‘sexual orientation, gender identity,’’ after 14 ‘‘sex,’’ each place that term appears. 15 (c) DEFINITIONS.—Section 802 of the Fair Housing 16 Act (42 U.S.C. 3602) is amended by adding at the end 17 the following: 18 ‘‘(p) ‘Sexual orientation’ means homosexuality, het- 19 erosexuality, or bisexuality. 20 ‘‘(q) ‘Gender identity’ means the gender-related iden- 21 tity, appearance, mannerisms, or other gender-related 22 characteristics of an individual, without regard to the indi- 23 vidual’s designated sex at birth. A person’s gender identity 24 can be shown by providing evidence, including medical his- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 50 •HR 1440 IH tory, care or treatment of the gender identity, consistent 1 and uniform assertion of the gender identity, or other evi- 2 dence that the gender identity is sincerely held, part of 3 a person’s core identity, and not being asserted for an im- 4 proper purpose. 5 ‘‘(r) ‘Operates’ includes the rental or occupancy of 6 dwellings through a lease or contract with the dwelling’s 7 actual owner or primary operator. 8 ‘‘(s) ‘Religion’ has the same meaning as section 701 9 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). 10 ‘‘(t) ‘Religious organization, association, or society’ 11 has the same meaning as section 701 of the Civil Rights 12 Act of 1964 (42 U.S.C. 2000e).’’. 13 SEC. 6. OTHER NONDISCRIMINATION REQUIREMENTS. 14 (a) MARRIAGE RECOGNITION.— 15 (1) Section 7 of title 1, United States Code, is 16 amended to read as follows: 17 ‘‘§ 7. Marriage 18 ‘‘(a) For the purposes of any Federal law in which 19 marital status is a factor, an individual shall be considered 20 married if that individual’s marriage is valid in the State 21 where the marriage was entered into or, in the case of 22 a marriage entered into outside any State, if the marriage 23 is valid in the place where entered into and the marriage 24 could have been entered into in a State. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 51 •HR 1440 IH ‘‘(b) In this section, the term ‘State’ means a State, 1 the District of Columbia, the Commonwealth of Puerto 2 Rico, or any other territory or possession of the United 3 States.’’. 4 (2) Section 1738C of title 28, United States 5 Code, is repealed, and the table of sections at the be- 6 ginning of chapter 115 of title 28, United States 7 Code, is amended by striking the item relating to 8 that section. 9 (b) DESEGREGATION OF PUBLIC FACILITIES.—Sec- 10 tion 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 11 2000b(a)) is amended by inserting ‘‘sex, sexual orienta- 12 tion, gender identity,’’ before ‘‘or national origin’’. 13 (c) DISCRIMINATION IN FEDERAL JURY SERVICE 14 PROHIBITED.—Chapter 121 of title 28, United States 15 Code, is amended— 16 (1) in section 1862, by inserting ‘‘sexual ori- 17 entation, gender identity,’’ after ‘‘sex,’’ each place 18 that term appears; 19 (2) in section 1867, by inserting ‘‘sexual ori- 20 entation, gender identity,’’ after ‘‘sex,’’ each place 21 that term appears; and 22 (3) in section 1869 by adding at the end the 23 following: 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 52 •HR 1440 IH ‘‘(l) The term ‘sexual orientation’ means homosex- 1 uality, heterosexuality, or bisexuality. 2 ‘‘(m) The term ‘gender identity’ means the gender- 3 related identity, appearance, mannerisms, or other gender- 4 related characteristics of an individual, without regard to 5 the individual’s designated sex at birth. A person’s gender 6 identity can be shown by providing evidence, including 7 medical history, care or treatment of the gender identity, 8 consistent and uniform assertion of the gender identity, 9 or other evidence that the gender identity is sincerely held, 10 part of a person’s core identity, and not being asserted 11 for an improper purpose.’’. 12 (d) DISCRIMINATION IN CREDIT PROHIBITED.—The 13 Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) 14 is amended— 15 (1) in section 701(a)(1) by striking ‘‘or’’ after 16 ‘‘sex’’ and inserting ‘‘, sexual orientation, gender 17 identity,’’ after ‘‘sex’’; 18 (2) in section 702— 19 (A) by redesignating subsections (f) and 20 (g) as subsections (g) and (i), respectively; 21 (B) by inserting after subsection (e) the 22 following: 23 ‘‘(f) The term ‘gender identity’ means the gender-re- 24 lated identity, appearance, mannerisms, or other gender- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 53 •HR 1440 IH related characteristics of an individual, without regard to 1 the individual’s designated sex at birth. A person’s gender 2 identity can be shown by providing evidence, including 3 medical history, care or treatment of the gender identity, 4 consistent and uniform assertion of the gender identity, 5 or other evidence that the gender identity is sincerely held, 6 part of a person’s core identity, and not being asserted 7 for an improper purpose.’’; and 8 (C) by inserting after subsection (g), as so 9 redesignated, the following: 10 ‘‘(h) The term ‘sexual orientation’ means homosex- 11 uality, heterosexuality, or bisexuality.’’; and 12 (3) in section 705, by inserting ‘‘, sexual ori- 13 entation, gender identity,’’ after ‘‘sex’’. 14 (e) DISCRIMINATION IN REFUGEE RESETTLEMENT 15 PROHIBITED.—Section 412(a)(5) of the Immigration and 16 Nationality Act (8 U.S.C. 1522(a)(5)) is amended by in- 17 serting ‘‘sexual orientation, gender identity,’’ after ‘‘sex,’’. 18 (f) SAFE SCHOOLS.—Title IV of the Elementary and 19 Secondary Education Act of 1965 (20 U.S.C. 7101 et 20 seq.) is amended by adding at the end the following: 21 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 54 •HR 1440 IH ‘‘PART G—SAFE SCHOOLS IMPROVEMENT 1 ‘‘SEC. 4701. PURPOSE. 2 ‘‘The purpose of this part is to address the problem 3 of bullying and harassment conduct of students in public 4 elementary schools and secondary schools. 5 ‘‘SEC. 4702. ANTI-BULLYING POLICIES. 6 ‘‘(a) BULLYING.—In this part, the term ‘bullying’ in- 7 cludes cyberbullying through electronic communications 8 that take place away from school or a school-sponsored 9 or school-related event, but only if the cyberbullying in- 10 fringes on the rights of the student at school as set forth 11 in subparagraph (A) or (B) of subsection (b)(1). 12 ‘‘(b) POLICIES.—A State that receives a grant under 13 this title shall require all local educational agencies in the 14 State with authority to administer public elementary and 15 secondary schools to carry out the following: 16 ‘‘(1) Establish policies that prevent and prohibit 17 conduct, including bullying and harassment— 18 ‘‘(A) that is sufficiently severe, persistent, 19 or pervasive that a reasonable person would ex- 20 pect such bullying or harassment to limit a stu- 21 dent’s ability to participate in, or benefit from, 22 a program or activity of a public school or local 23 educational agency; or 24 ‘‘(B) that is sufficiently severe, persistent, 25 or pervasive that a reasonable person would ex- 26 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 55 •HR 1440 IH pect such bullying or harassment to create a 1 hostile or abusive educational environment, ad- 2 versely affecting a student’s education, at a 3 program or activity of a public school or local 4 educational agency, including acts of verbal, 5 nonverbal, or physical aggression or intimida- 6 tion. 7 ‘‘(2) The policies required under paragraph (1) 8 shall include a prohibition of bullying or harassment 9 conduct based on— 10 ‘‘(A) a student’s actual or perceived race, 11 color, national origin, religion, disability, sex, 12 sexual orientation, or gender identity; 13 ‘‘(B) the actual or perceived race, color, 14 national origin, religion, disability, sex, sexual 15 orientation, or gender identity of a person with 16 whom a student associates or has associated; or 17 ‘‘(C) any other distinguishing characteris- 18 tics that may be defined by the State or local 19 educational agency, including being homeless or 20 the child or ward of a member of the Armed 21 Forces. 22 ‘‘(3) Provide— 23 ‘‘(A) annual notice to students, parents, 24 and educational professionals describing the full 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 56 •HR 1440 IH range of the local educational agency’s policies 1 required under paragraph (1) and shall include 2 an affirmative statement of the protections for 3 free speech, assembly, and expression under the 4 First Amendment and any other applicable law; 5 and 6 ‘‘(B) grievance procedures for students or 7 parents to register complaints regarding the 8 prohibited conduct contained in such local edu- 9 cational agency’s discipline policies, including— 10 ‘‘(i) the name of the local educational 11 agency officials who are designated as re- 12 sponsible for receiving such complaints; 13 and 14 ‘‘(ii) timelines that the local edu- 15 cational agency will establish in the resolu- 16 tion of such complaints. 17 ‘‘(4) Collect annual incidence and frequency of 18 incidents data about the conduct prohibited by the 19 policies described in paragraph (1) at the school 20 building level that are accurate and complete and 21 publicly report such data at the school level and 22 local educational agency level. The local educational 23 agency shall ensure that victims or persons respon- 24 sible for such conduct are not identifiable. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 57 •HR 1440 IH ‘‘(5) Encourage positive and preventative ap- 1 proaches to school discipline that minimize students’ 2 removal from instruction and ensure that students, 3 including students described in paragraph (2), are 4 not subject to disproportionate punishment. 5 ‘‘SEC. 4703. STATE REPORTS. 6 ‘‘The chief executive officer of a State that receives 7 a grant under this title, in cooperation with the State edu- 8 cational agency, shall submit a biennial report to the Sec- 9 retary— 10 ‘‘(1) on the information reported by local edu- 11 cational agencies in the State pursuant to section 12 4702(b)(4); and 13 ‘‘(2) describing the State’s plans for supporting 14 local educational agency efforts to address the con- 15 duct prohibited by the policies described in section 16 4702(b)(1). 17 ‘‘SEC. 4704. EVALUATION. 18 ‘‘(a) BIENNIAL EVALUATION.—The Secretary shall 19 conduct an independent biennial evaluation of programs 20 and policies to combat bullying and harassment in elemen- 21 tary schools and secondary schools, including implementa- 22 tion of the requirements described in section 4702, includ- 23 ing whether such requirements have appreciably reduced 24 the level of the prohibited conduct and have conducted ef- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 58 •HR 1440 IH fective parent involvement and programs that train cov- 1 ered school employees how to identify and stop bullying 2 and harassment, as those terms are defined in section 3 4702. 4 ‘‘(b) DATA COLLECTION.—The Commissioner for 5 Education Statistics shall collect data from States, that 6 are subject to independent review, to determine the inci- 7 dence and frequency of conduct prohibited by the policies 8 described in section 4702. 9 ‘‘(c) BIENNIAL REPORT.—Not later than January 1 10 of the first calendar year that begins after the effective 11 date of this section and every 2 years thereafter, the Sec- 12 retary shall submit to the President and Congress a report 13 on the findings of the evaluation conducted under sub- 14 section (a) together with the data collected under sub- 15 section (b) and data submitted by the States under section 16 4703. 17 ‘‘SEC. 4705. EFFECT ON OTHER LAWS. 18 ‘‘(a) FEDERAL AND STATE NONDISCRIMINATION 19 LAWS.—Nothing in this part shall be construed to invali- 20 date or limit rights, remedies, procedures, or legal stand- 21 ards available to victims of discrimination under any other 22 Federal law or law of a State or political subdivision of 23 a State, including title VI of the Civil Rights Act of 1964 24 (42 U.S.C. 2000d et seq.), title IX of the Education 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 59 •HR 1440 IH Amendments of 1972 (20 U.S.C. 1681 et seq.), section 1 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 2 794, 794a), or the Americans with Disabilities Act of 1990 3 (42 U.S.C. 12101 et seq.). The obligations imposed by this 4 part are in addition to those imposed by title VI of the 5 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 6 IX of the Education Amendments of 1972 (20 U.S.C. 7 1681 et seq.), section 504 of the Rehabilitation Act of 8 1973 (29 U.S.C. 794), and the Americans with Disabil- 9 ities Act of 1990 (42 U.S.C. 12101 et seq.). 10 ‘‘(b) FREE SPEECH AND EXPRESSION.—Nothing in 11 this part shall be construed to deny any student a right 12 of free speech, assembly, or expression protected under the 13 Constitution or any other Federal law, or to permit unlaw- 14 ful viewpoint discrimination. No policy established under 15 this part may prevent or punish a student’s expression of 16 religious, political, or philosophical beliefs in the classroom 17 or at school activities when such expression takes place 18 on equal terms with similar expressions of belief allowed 19 by the school in the same setting, unless such expression 20 consists of bullying or harassment as defined in section 21 4702(b)(1). 22 ‘‘SEC. 4706. RULE OF CONSTRUCTION. 23 ‘‘Nothing in this part shall be construed to prohibit 24 a State or local entity from enacting any law with respect 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 60 •HR 1440 IH to the prevention of bullying or harassment of students 1 that is not inconsistent with this part.’’. 2 SEC. 7. PROHIBITION ON RETALIATION AND UNEQUAL 3 TREATMENT. 4 Title XI of the Civil Rights Act of 1964 (42 U.S.C. 5 2000h et seq.) is amended by adding at the end the fol- 6 lowing: 7 ‘‘SEC. 1107. NONRETALIATION. 8 ‘‘(a) IN GENERAL.— 9 ‘‘(1) No government shall take any adverse ac- 10 tion because of— 11 ‘‘(A) the existence or invocation of any ex- 12 emption, defense, or remedy under this Act; or 13 ‘‘(B) the existence or invocation of any 14 protection from discrimination under this Act. 15 ‘‘(2) Nothing in this subsection shall be con- 16 strued to invalidate or supersede a law without evi- 17 dence that it was enacted, enforced, or administered 18 for reasons prohibited by paragraph (1). 19 ‘‘(b) PROHIBITION ON CERTAIN GOVERNMENT AC- 20 TIONS.— 21 ‘‘(1) PERSONS PROTECTED FROM DISCRIMINA- 22 TION.—No government shall take any adverse action 23 that, as applied, conflicts with any protection from 24 discrimination under this Act. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 61 •HR 1440 IH ‘‘(2) CERTAIN RELIGIOUS PROPERTIES AND RE- 1 LIGIOUS EMPLOYERS.— 2 ‘‘(A) No government shall take any ad- 3 verse action that, as applied, is inconsistent 4 with the exemptions under section 201(b)(11). 5 ‘‘(B) No government shall take any ad- 6 verse action that, as applied, abridges the ex- 7 emptions provided under section 702(a)(2)(B). 8 ‘‘(C) Nothing in this subsection shall be 9 construed to invalidate any other law that oth- 10 erwise applies to a religious property exempt 11 under section 201(b)(11) or a religious em- 12 ployer exempt under section 702(a)(2)(B). 13 ‘‘(3) ADOPTION AND FOSTER CARE FUNDING, 14 LICENSURE, AND CERTIFICATION.—No State shall 15 enforce a law with respect to a particular contract, 16 cooperative agreement, grant, guarantee, or benefit 17 if that law, as applied, abridges any right or benefit 18 under section 610, unless the State demonstrates 19 that the contract, cooperative agreement, grant, 20 guarantee, or benefit is solely funded by revenues of 21 a State or political subdivision thereof. A State or 22 its political subdivision may commingle its revenues 23 with Federal financial assistance for the purpose of 24 providing financial aid to adoption agencies; such 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 62 •HR 1440 IH commingled revenues shall be deemed Federal finan- 1 cial assistance. No government may deny, withhold, 2 or suspend the license or certification of a religiously 3 affiliated adoption or foster care agency because of 4 its religious teachings or practices, provided that the 5 agency complies with generally applicable health and 6 safety standards. 7 ‘‘(c) RELIGIOUS EDUCATIONAL INSTITUTIONS.— 8 ‘‘(1) NO ADVERSE ACTION FOR RELIGIOUS MIS- 9 SION.—No government shall take any adverse action 10 against a religious educational institution, its fac- 11 ulty, students, or graduates because of its religious 12 mission. 13 ‘‘(2) ACCREDITATION.—No accrediting agency 14 shall take an adverse action against a religious edu- 15 cational institution for noncompliance with an ac- 16 creditation standard that would require the institu- 17 tion to act inconsistently with its religious mission 18 as related to marriage, family, sexuality, or gender 19 identity, except as these matters pertain to race, 20 color, or national origin. Nothing in this provision 21 shall be interpreted to deny an accrediting agency 22 the authority under section 496(a) of the Higher 23 Education Act (20 U.S.C. 1099b(a)) to take action 24 necessary to ensure that the courses or programs of 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 63 •HR 1440 IH instruction, training, or study offered by an institu- 1 tion of higher education are of sufficient quality to 2 achieve the stated objective for which the courses or 3 the programs are offered. An accrediting agency 4 does not demonstrate that its adverse action against 5 a religious educational institution is authorized 6 under section 1099b(a) merely by showing that the 7 action results from a rule of general applicability. 8 ‘‘(3) REMEDIES.—A religious educational insti- 9 tution harmed by a violation of this subsection may 10 obtain injunctive relief against the responsible ac- 11 crediting agency. Upon receiving a copy of such an 12 injunction, the Department of Education shall deem 13 the affected religious educational institution as ac- 14 credited for all purposes under Federal law. The De- 15 partment shall deny recognition for any purpose to 16 an accrediting agency that knowingly violates this 17 subsection. An accrediting agency that loses its gov- 18 ernment recognition may apply with the Department 19 to restore its recognition if the agency demonstrates 20 that the violation resulted from mistake or inadvert- 21 ence. Within two years of the enactment of this Act, 22 the Department shall issue final rules prescribing 23 the procedures governing this section. 24 ‘‘(d) NO RELIGIOUS TESTS.—No government shall— 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 64 •HR 1440 IH ‘‘(1) exclude a person from an occupation by 1 depriving a person of professional credentials or im- 2 posing a fine or penalty, including through a private 3 right of action, because of the person’s religious be- 4 liefs or affiliations, provided that the person other- 5 wise complies with occupational or professional 6 standards that, in purpose and effect, are neutral to- 7 ward religion and generally applicable; or 8 ‘‘(2) determine eligibility for public office be- 9 cause of religious beliefs or affiliations. 10 ‘‘(e) SCOPE OF APPLICATION.—Subsections (a) 11 through (d) apply in any case in which— 12 ‘‘(1) section 5 of the Fourteenth Amendment to 13 the Constitution of the United States grants law- 14 making power to Congress; 15 ‘‘(2) action by a government or an accrediting 16 agency would affect commerce with foreign nations, 17 among the several States, or with Indian Tribes; 18 ‘‘(3) a State or political subdivision receives 19 Federal financial assistance, to the full extent per- 20 mitted by Congress’ authority under the Spending 21 Power in article I, section 8 of the Constitution; 22 ‘‘(4) Congress has power under the Necessary 23 and Proper Clause of article I, section 8 to effec- 24 tuate the exercise of its enumerated powers; or 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 65 •HR 1440 IH ‘‘(5) the Constitution grants Congress any 1 other lawmaking power. 2 ‘‘(f) JUDICIAL RELIEF.— 3 ‘‘(1) CAUSE OF ACTION.—A person or organiza- 4 tion may assert an actual violation of this section, 5 or a credible threat of such a violation, as a claim 6 or defense in a judicial, administrative, or arbitra- 7 tion proceeding and obtain appropriate relief against 8 a government or accrediting agency, including attor- 9 neys’ fees. A State shall not be immune under the 10 Eleventh Amendment to the Constitution of the 11 United States from a claim under this section. 12 ‘‘(2) REMOVAL.—Any proceeding brought in a 13 State court for which a claimant invokes this section 14 as a claim, counterclaim, or defense may be removed 15 by the claimant to the district court of the United 16 States for the district and division embracing the 17 place where such action is pending. 18 ‘‘(g) DEFINITIONS.—In section 1107: 19 ‘‘(1) The term ‘abridges’ means to diminish, 20 burden, hinder, or obstruct. 21 ‘‘(2) The term ‘accreditation’ means the status 22 of public recognition that an accrediting agency 23 grants to an educational institution or program that 24 meets the agency’s standards and requirements. 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 66 •HR 1440 IH ‘‘(3) The term ‘accrediting agency’ means a 1 legal entity, or part of a legal entity, that conducts 2 accrediting activities through voluntary, non-Federal 3 peer review and makes decisions concerning the ac- 4 creditation or preaccreditation status of institutions, 5 programs, or both. 6 ‘‘(4) The term ‘adverse action’ includes action 7 that suspends, revokes, or withholds licenses, per- 8 mits, certifications, professional credentials, guaran- 9 tees, contracts, or cooperative agreements; denies or 10 revokes scholarships, grants, loans, a tax exemption 11 or tax-exempt status; denies access to government- 12 sponsored facilities, activities, or programs; or that 13 imposes any other penalty or denies an otherwise 14 available benefit. Except for a violation of subsection 15 (a)(1) of this section, adverse action does not include 16 a State’s refusal to subsidize contracts, grants, 17 loans, or cooperative agreements with exclusively 18 State revenues because of noncompliance with State 19 standards that, in purpose and effect, are neutral to- 20 ward religion and generally applicable. Commingled 21 State and Federal revenues shall be deemed Federal 22 revenues. Adverse action does include suspending, 23 revoking, or withholding scholarships, grants, and 24 loans, or access to government-sponsored facilities, 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 67 •HR 1440 IH activities, or programs to qualified students or grad- 1 uates of religious educational institutions, notwith- 2 standing that the scholarships, grants, loans, facili- 3 ties, activities, or programs are funded with State 4 revenues. 5 ‘‘(5) The term ‘government’ means— 6 ‘‘(A) a State, county, municipality, or 7 other government entity created under the au- 8 thority of a State; 9 ‘‘(B) any branch, department, agency, in- 10 strumentality, or official of an entity listed in 11 subsection (g)(5)(A); 12 ‘‘(C) any other person acting under color 13 of State law; and 14 ‘‘(D) the United States, a branch, depart- 15 ment, agency, instrumentality, or official of the 16 United States, and any other person acting 17 under color of Federal law. 18 ‘‘(6) The terms ‘religion’ and ‘religious’ include 19 all aspects of religious belief, observance, and prac- 20 tice, whether or not compelled by, or central to, a 21 system of religion. 22 ‘‘(7) The term ‘religious corporation, associa- 23 tion, educational institution, or society’ include— 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 68 •HR 1440 IH ‘‘(A) a church, synagogue, mosque, temple, 1 or other house of worship; 2 ‘‘(B) a nonprofit corporation, association, 3 educational institution, society, or other non- 4 profit entity that is, in whole or in substantial 5 part, owned, supported, controlled, or managed 6 by a particular religion or by a particular 7 church, denomination, convention, or associa- 8 tion of churches or other houses of worship; or 9 ‘‘(C) a nonprofit corporation, association, 10 educational institution, society, or other non- 11 profit entity that holds itself out to the public 12 as substantially religious, has as its stated pur- 13 pose in its organic documents that it is reli- 14 gious, and is substantially religious in its cur- 15 rent operations. 16 ‘‘(8) The term ‘religious educational institution’ 17 means any organization covered by section 18 703(e)(2). 19 ‘‘(9) The term ‘religious mission’ includes reli- 20 gious affiliation, religious tenets, religious teachings, 21 and religious standards, including policies or deci- 22 sions related to such affiliation, tenets, teachings, or 23 standards with respect to housing, employment, cur- 24 riculum, self-governance, or student admission, con- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 69 •HR 1440 IH tinuing enrollment, or graduation, unless such affili- 1 ation, tenets, teachings, or standards result in invid- 2 ious discrimination on account of race, color, or na- 3 tional origin. 4 ‘‘(h) CONSTRUCTION.—This section shall supersede 5 State or local law as provided for expressly herein. Noth- 6 ing contained in section 1107 shall be construed as indi- 7 cating an intent on the part of Congress to occupy the 8 field in which this Act operates to the exclusion of State 9 or local laws on the same subject matter.’’. 10 SEC. 8. PRESERVATION OF TAX-EXEMPT STATUS. 11 Section 501(c)(3) of the Internal Revenue Code (26 12 U.S.C. 1 et seq.) is amended— 13 (1) by inserting ‘‘(A)’’ before ‘‘Corporations, 14 and community chest . . .’’; and 15 (2) by adding at the end the following: 16 ‘‘(B)(i) For purposes of Federal law, any deter- 17 mination whether an organization is organized or op- 18 erated exclusively for religious, charitable, scientific, 19 literary, or educational purposes or complies with 20 legal standards of charity shall be made without re- 21 gard to the organization’s religious beliefs or prac- 22 tices concerning marriage, family, or sexuality, ex- 23 cept insofar as such practices pertain to race or 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 70 •HR 1440 IH criminal sexual offenses punishable under constitu- 1 tionally valid Federal or State law. 2 ‘‘(ii) As used in subsection (B)(i), the term ‘re- 3 ligious’ includes all aspects of religious belief, ob- 4 servance, and practice, whether or not compelled by, 5 or central to, a system of religion.’’. 6 SEC. 9. SEVERABILITY. 7 If any provision of this Act, or the application of any 8 provision to any individual or circumstance, is held to be 9 invalid, the remainder of this Act and the application of 10 its other provisions to any other individuals or cir- 11 cumstances shall not be affected thereby. 12 Æ VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6301 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS