Text of US SB 2797 (2023)

II 118TH CONGRESS 1ST SESSION S. 2797 To ensure religious freedom and rights of conscience for health care workers and other government employees, and to protect health care workers and other government employees from various forms of compelled speech. IN THE SENATE OF THE UNITED STATES SEPTEMBER 13, 2023 Mr. RUBIO (for himself, Mr. VANCE, Mr. TILLIS, and Mrs. HYDE-SMITH) in- troduced the following bill; which was read twice and referred to the Com- mittee on the Judiciary A BILL To ensure religious freedom and rights of conscience for health care workers and other government employees, and to protect health care workers and other government employees from various forms of compelled speech. Be it enacted by the Senate and House of 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 ‘‘Protecting Conscience 4 in Our Health Care Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 2797 IS (1) COVERED ENTITY.—The term ‘‘covered en- 1 tity’’ means a hospital, health clinic, medical organi- 2 zation, or other health care entity, using Federal 3 funds to implement a program or activity, or a re- 4 lated policy. 5 (2) FEDERAL FUNDS.—The term ‘‘Federal 6 funds’’ includes direct and indirect Federal financial 7 assistance. 8 (3) PROGRAM OR ACTIVITY.—The term ‘‘pro- 9 gram or activity’’ has the meaning given the term in 10 section 606 of the Civil Rights Act of 1965 (20 11 U.S.C. 2000d–4a). 12 (4) SEX.—Except as provided in section 13 3(a)(6), the term ‘‘sex’’— 14 (A) means the biological indication of male 15 and female in the context of natural reproduc- 16 tive potential or capacity, such as genes or sex 17 chromosomes, gonads, and nonambiguous inter- 18 nal and external genitalia present at or before 19 birth; and 20 (B) does not include an individual’s psy- 21 chological, chosen, or subjective experience. 22 (5) STATE GOVERNMENT OR AGENCY.—The 23 term ‘‘State’’, used with respect to a government or 24 agency, means a government or agency, respectively, 25 VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 2797 IS using Federal funds to implement a program or ac- 1 tivity, or a related policy. 2 SEC. 3. FEDERAL FUNDS LIMITATION TO PROTECT 3 AGAINST COMPELLED SPEECH AND ACTION. 4 (a) PROHIBITION ON COMPELLED SPEECH AND AC- 5 TION.—No Federal or State government or agency, or cov- 6 ered entity shall— 7 (1) require an employee to participate in a sem- 8 inar, workshop, training, or other educational or 9 professional activity, or in using a curriculum, that 10 advocates for the idea that an individual can have an 11 identity that is incongruent with their sex; 12 (2) require an employee to attend or participate 13 in an event or activity affirming, celebrating, or sup- 14 porting an identity that is incongruent with an indi- 15 vidual’s sex; 16 (3) require, as a condition of employment or 17 good standing with the government, agency, or enti- 18 ty involved, that an employee pledge or otherwise 19 commit to support or condone an identity that is in- 20 congruent with an individual’s sex through verbal af- 21 firmation, written recognition, or any physical exer- 22 cise; 23 (4) require, as a condition of employment or 24 good standing with the government, agency, or enti- 25 VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 2797 IS ty involved, that an employee sign a statement of 1 commitment to a particular belief or form of social 2 action that supports, condones, or advances the idea 3 that an individual can have an identity that is incon- 4 gruent with their sex; 5 (5) require, as a condition of employment or 6 good standing with the government, agency, or enti- 7 ty involved, that an employee wear apparel or an ac- 8 cessory that supports or condones an identity that is 9 incongruent with an individual’s sex; 10 (6) require an employee to affirm and use pre- 11 ferred pronouns of another, including a medical pa- 12 tient, without regard for whether those pronouns 13 conflict with the employee’s religious or moral be- 14 liefs, or the employee’s understanding of the rela- 15 tionship between sex and identity; 16 (7) require an employee to share the employee’s 17 preferred pronouns upon meeting or interacting with 18 another individual or patient, or to include preferred 19 pronouns on or in a name tag, email signature, busi- 20 ness card, or other regular means of communication; 21 or 22 (8) terminate an employee’s employment be- 23 cause, based on their religious or moral beliefs, the 24 employee refuses to support, condone, or acknowl- 25 VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 2797 IS edge someone’s professed identity that is incon- 1 gruent with sex, including refusing to carry out any 2 activity that a Federal or State government or agen- 3 cy, or covered entity may not require under any of 4 paragraphs (1) through (7). 5 (b) PROHIBITION ON RETALIATION.—It shall be un- 6 lawful for a Federal or State government or agency, or 7 covered entity to intimidate, threaten, coerce, or discrimi- 8 nate against any individual because the individual has 9 made a complaint, testified, assisted, or participated in 10 any manner in a civil action under section 4. 11 (c) REMEDY.—The remedies, procedures, and rights 12 set forth in title VI of the Civil Rights Act of 1964 (42 13 U.S.C. 2000d et seq.) shall be available to— 14 (1) any person aggrieved by any violation of 15 subsection (a) by a State government or agency, or 16 covered entity; and 17 (2) any person aggrieved by any violation of 18 subsection (b) by a Federal or State government or 19 agency, or covered entity, 20 with respect to the amount of Federal financial assistance 21 expended for the period of the violation. 22 VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 2797 IS SEC. 4. PRIVATE RIGHT OF ACTION FOR AFFECTED INDI- 1 VIDUALS. 2 (a) IN GENERAL.—Any individual employed by a 3 Federal or State government or agency, or covered entity 4 may bring a civil action in an appropriate district court 5 of the United States against the government, agency, or 6 entity involved for a violation of section 3(a). 7 (b) REMEDY.—In the case that the individual de- 8 scribed in subsection (a) demonstrates such a violation, 9 the individual shall be entitled to— 10 (1) declaratory and injunctive relief; and 11 (2) reasonable attorney’s fees, and costs of the 12 action, that the court determines are appropriate to 13 award to a prevailing plaintiff. 14 Æ VerDate Sep 11 2014 02:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2797.IS S2797 kjohnson on DSK7ZCZBW3PROD with $$_JOB