[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2797 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2797

 To ensure religious freedom and rights of conscience for health care 
  workers and other government employees, and to protect health care 
workers and other government employees from various forms of compelled 
                                speech.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2023

  Mr. Rubio (for himself, Mr. Vance, Mr. Tillis, and Mrs. Hyde-Smith) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ensure religious freedom and rights of conscience for health care 
  workers and other government employees, and to protect health care 
workers and other government employees from various forms of compelled 
                                speech.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Conscience in Our Health 
Care Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered entity.--The term ``covered entity'' means a 
        hospital, health clinic, medical organization, or other health 
        care entity, using Federal funds to implement a program or 
        activity, or a related policy.
            (2) Federal funds.--The term ``Federal funds'' includes 
        direct and indirect Federal financial assistance.
            (3) Program or activity.--The term ``program or activity'' 
        has the meaning given the term in section 606 of the Civil 
        Rights Act of 1965 (20 U.S.C. 2000d-4a).
            (4) Sex.--Except as provided in section 3(a)(6), the term 
        ``sex''--
                    (A) means the biological indication of male and 
                female in the context of natural reproductive potential 
                or capacity, such as genes or sex chromosomes, gonads, 
                and nonambiguous internal and external genitalia 
                present at or before birth; and
                    (B) does not include an individual's psychological, 
                chosen, or subjective experience.
            (5) State government or agency.--The term ``State'', used 
        with respect to a government or agency, means a government or 
        agency, respectively, using Federal funds to implement a 
        program or activity, or a related policy.

SEC. 3. FEDERAL FUNDS LIMITATION TO PROTECT AGAINST COMPELLED SPEECH 
              AND ACTION.

    (a) Prohibition on Compelled Speech and Action.--No Federal or 
State government or agency, or covered entity shall--
            (1) require an employee to participate in a seminar, 
        workshop, training, or other educational or professional 
        activity, or in using a curriculum, that advocates for the idea 
        that an individual can have an identity that is incongruent 
        with their sex;
            (2) require an employee to attend or participate in an 
        event or activity affirming, celebrating, or supporting an 
        identity that is incongruent with an individual's sex;
            (3) require, as a condition of employment or good standing 
        with the government, agency, or entity involved, that an 
        employee pledge or otherwise commit to support or condone an 
        identity that is incongruent with an individual's sex through 
        verbal affirmation, written recognition, or any physical 
        exercise;
            (4) require, as a condition of employment or good standing 
        with the government, agency, or entity involved, that an 
        employee sign a statement of commitment to a particular belief 
        or form of social action that supports, condones, or advances 
        the idea that an individual can have an identity that is 
        incongruent with their sex;
            (5) require, as a condition of employment or good standing 
        with the government, agency, or entity involved, that an 
        employee wear apparel or an accessory that supports or condones 
        an identity that is incongruent with an individual's sex;
            (6) require an employee to affirm and use preferred 
        pronouns of another, including a medical patient, without 
        regard for whether those pronouns conflict with the employee's 
        religious or moral beliefs, or the employee's understanding of 
        the relationship between sex and identity;
            (7) require an employee to share the employee's preferred 
        pronouns upon meeting or interacting with another individual or 
        patient, or to include preferred pronouns on or in a name tag, 
        email signature, business card, or other regular means of 
        communication; or
            (8) terminate an employee's employment because, based on 
        their religious or moral beliefs, the employee refuses to 
        support, condone, or acknowledge someone's professed identity 
        that is incongruent with sex, including refusing to carry out 
        any activity that a Federal or State government or agency, or 
        covered entity may not require under any of paragraphs (1) 
        through (7).
    (b) Prohibition on Retaliation.--It shall be unlawful for a Federal 
or State government or agency, or covered entity to intimidate, 
threaten, coerce, or discriminate against any individual because the 
individual has made a complaint, testified, assisted, or participated 
in any manner in a civil action under section 4.
    (c) Remedy.--The remedies, procedures, and rights set forth in 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
shall be available to--
            (1) any person aggrieved by any violation of subsection (a) 
        by a State government or agency, or covered entity; and
            (2) any person aggrieved by any violation of subsection (b) 
        by a Federal or State government or agency, or covered entity,
with respect to the amount of Federal financial assistance expended for 
the period of the violation.

SEC. 4. PRIVATE RIGHT OF ACTION FOR AFFECTED INDIVIDUALS.

    (a) In General.--Any individual employed by a Federal or State 
government or agency, or covered entity may bring a civil action in an 
appropriate district court of the United States against the government, 
agency, or entity involved for a violation of section 3(a).
    (b) Remedy.--In the case that the individual described in 
subsection (a) demonstrates such a violation, the individual shall be 
entitled to--
            (1) declaratory and injunctive relief; and
            (2) reasonable attorney's fees, and costs of the action, 
        that the court determines are appropriate to award to a 
        prevailing plaintiff.
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