[Congressional Record Volume 168, Number 177 (Wednesday, November 16, 2022)]
[Senate]
[Pages S6745-S6746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6482. Mr. LEE (for himself, Mr. Crapo, Mr. Cruz, Mr. Graham, Mr. 
Hawley, Mr. Marshall, Mr. Paul, Mr. Sasse, Mr. Thune, Mr. Wicker, Mr. 
Risch, Mr. Braun, Mr. Johnson, and Mr. Scott of Florida) submitted an 
amendment intended to be proposed by him to the bill H.R. 8404, to 
repeal the Defense of Marriage Act and ensure respect for State 
regulation of marriage, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, insert the following:

           TITLE II--RELIGIOUS BELIEFS AND MORAL CONVICTIONS

     SEC. 201. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS 
                   BELIEFS AND MORAL CONVICTIONS.

       (a) In General.--Notwithstanding section 7 of title 1, 
     United States Code, section 1738C of title 28, United States 
     Code, or any other provision of law, the Federal Government 
     shall not take any discriminatory action against a person, 
     wholly or partially on the basis that such person speaks, or 
     acts, in accordance with a sincerely held religious belief, 
     or moral conviction, that marriage is or should be recognized 
     as a union of--
       (1) one man and one woman; or
       (2) two individuals as recognized under Federal law.
       (b) Discriminatory Action Defined.--As used in subsection 
     (a), a discriminatory action means any action taken by the 
     Federal Government to--
       (1) alter in any way the Federal tax treatment of, or cause 
     any tax, penalty, or payment to be assessed against, or deny, 
     delay, or revoke an exemption from taxation under section 
     501(a) of the Internal Revenue Code of 1986 of, any person 
     referred to in subsection (a);
       (2) disallow a deduction for Federal tax purposes of any 
     charitable contribution made to or by such person;

[[Page S6746]]

       (3) withhold, reduce the amount or funding for, exclude, 
     terminate, or otherwise make unavailable or deny, any Federal 
     grant, contract, subcontract, cooperative agreement, 
     guarantee, loan, scholarship, license, certification, 
     accreditation, employment, or other similar position or 
     status from or to such person;
       (4) withhold, reduce, exclude, terminate, or otherwise make 
     unavailable or deny, any entitlement or benefit under a 
     Federal benefit program, including admission to, equal 
     treatment in, or eligibility for a degree from an educational 
     program, from or to such person; or
       (5) withhold, reduce, exclude, terminate, or otherwise make 
     unavailable or deny, access or an entitlement to Federal 
     property, facilities, educational institutions, speech fora 
     (including traditional, limited, and nonpublic fora), or 
     charitable fundraising campaigns from or to such person.
       (c) Accreditation; Licensure; Certification.--The Federal 
     Government shall consider accredited, licensed, or certified 
     for purposes of Federal law any person that would be 
     accredited, licensed, or certified, respectively, for such 
     purposes but for a determination against such person wholly 
     or partially on the basis that the person speaks, or acts, in 
     accordance with a sincerely held religious belief or moral 
     conviction described in subsection (a).

     SEC. 202. JUDICIAL RELIEF.

       (a) Cause of Action.--A person may assert an actual or 
     threatened violation of this title as a claim or defense in a 
     judicial or administrative proceeding and obtain compensatory 
     damages, injunctive relief, declaratory relief, or any other 
     appropriate relief against the Federal Government. Standing 
     to assert a claim or defense under this section shall be 
     governed by the general rules of standing under article III 
     of the Constitution.
       (b) Administrative Remedies Not Required.--Notwithstanding 
     any other provision of law, an action under this section may 
     be commenced, and relief may be granted, in a district court 
     of the United States without regard to whether the person 
     commencing the action has sought or exhausted available 
     administrative remedies.
       (c) Attorneys' Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by inserting ``title 
     II of the Respect for Marriage Act,'' after ``the Religious 
     Land Use and Institutionalized Persons Act of 2000,''.
       (d) Authority of United States To Enforce This Title.--The 
     Attorney General may bring an action for injunctive or 
     declaratory relief against an independent establishment 
     described in section 104(1) of title 5, United States Code, 
     or an officer or employee of that independent establishment, 
     to enforce compliance with this title. Nothing in this 
     subsection shall be construed to deny, impair, or otherwise 
     affect any right or authority of the Attorney General, the 
     United States, or any agency, officer, or employee of the 
     United States, acting under any law other than this 
     subsection, to institute or intervene in any proceeding.

     SEC. 203. RULES OF CONSTRUCTION.

       (a) No Preemption, Repeal, or Narrow Construction.--Nothing 
     in this title shall be construed to preempt State law, or 
     repeal Federal law, that is equally or more protective of 
     free exercise of religious beliefs and moral convictions. 
     Nothing in this title shall be construed to narrow the 
     meaning or application of any State or Federal law protecting 
     free exercise of religious beliefs and moral convictions.
       (b) No Prevention of Providing Benefits or Services.--
     Nothing in this title shall be construed to prevent the 
     Federal Government from providing, either directly or through 
     a person not seeking protection under this title, any benefit 
     or service authorized under Federal law.
       (c) No Affirmation or Endorsement of Views.--Nothing in 
     this title shall be construed to affirm or otherwise endorse 
     a person's belief, speech, or action about marriage.
       (d) Severability.--If any provision of this title or any 
     application of such provision to any person or circumstance 
     is held to be unconstitutional, the remainder of this title 
     and the application of the provision to any other person or 
     circumstance shall not be affected.

     SEC. 204. DEFINITIONS.

       In this title:
       (1) Federal benefit program.--The term ``Federal benefit 
     program'' has the meaning given that term in section 552a of 
     title 5, United States Code.
       (2) Federal; federal government.--The terms ``Federal'' and 
     ``Federal Government'' relate to and include--
       (A) any department, commission, board, or other agency of 
     the Federal Government;
       (B) any officer, employee, or agent of the Federal 
     Government; and
       (C) the District of Columbia and all Federal territories 
     and possessions.
       (3) Person.--The term ``person'' means a person as defined 
     in section 1 of title 1, United States Code, except that such 
     term shall not include--
       (A) publicly traded for-profit entities;
       (B) Federal employees acting within the scope of their 
     employment;
       (C) Federal for-profit contractors acting within the scope 
     of their contract; or
       (D) hospitals, clinics, hospices, nursing homes, or other 
     medical or residential custodial facilities with respect to 
     visitation, recognition of a designated representative for 
     health care decisionmaking, or refusal to provide medical 
     treatment necessary to cure an illness or injury.

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