[Congressional Record Volume 168, Number 182 (Monday, November 28, 2022)]
[Senate]
[Pages S6825-S6828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6493. Mr. RUBIO (for himself, Mr. Cruz, Mrs. Blackburn, and Mr. 
Hawley) submitted an amendment intended to be proposed to amendment SA 
6487 proposed by Mr. Schumer (for Ms. Baldwin (for herself, Ms. 
Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. Lummis)) 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:

       Section 1738C of title 28, United States Code, as added by 
     section 4, is amended by striking subsections (c) and (d) and 
     inserting the following:
       ``(c) State Defined.--In this section, the term `State' has 
     the meaning given such term under section 7 of title 1.''.
                                 ______
                                 
  SA 6494. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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:

        On page 3, beginning on line 3, strike ``No person acting 
     under color of State law'' and insert ``No State, territory 
     or possession of the United States, or Indian Tribe''

       On page 3, line 17, strike ``person'' and insert ``State, 
     territory or possession of the United States, or Indian 
     Tribe''.

       On page 3, strike lines 19 through 23.

       On page 5, strike line 20 and all that follows through page 
     6, line 3, and insert the following:
       (a) No Impact on Benefits, Status, or Rights.--Nothing in 
     this Act, or any amendment made by this Act, shall be 
     construed to deny or alter any benefit, status, or right 
     (including tax-exempt status, tax treatment, educational 
     funding, or a grant, contract, agreement, guarantee, loan, 
     scholarship, license, certification, accreditation, claim, or 
     defense) of any entity or person--
       (1) if such benefit, status, or right does not arise from a 
     marriage; or
       (2) if such potential denial or alteration would be based 
     in whole or in part on the belief, practice, or observance, 
     of the entity or person about marriage.
                                 ______
                                 
  SA 6495. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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:
        On page 3, beginning on line 3, strike ``No person acting 
     under color of State law'' and insert ``No State, territory 
     or possession of the United States, or Indian Tribe''
       On page 3, line 17, strike ``person'' and insert ``State, 
     territory or possession of the United States, or Indian 
     Tribe''.
       On page 3, strike lines 19 through 23.
       On page 5, strike line 20 and all that follows through page 
     6, line 3, and insert the following:
       (a) No Impact on Benefits, Status, or Rights.--Nothing in 
     this Act, or any amendment made by this Act, shall be 
     construed to deny or alter any benefit, status, or right 
     (including tax-exempt status, tax treatment, educational 
     funding, or a grant, contract, agreement, guarantee, loan, 
     scholarship, license, certification, accreditation, claim, or 
     defense) of any entity or person--
       (1) if such benefit, status, or right does not arise from a 
     marriage; or
       (2) if such potential denial or alteration would be based 
     in whole or in part on the belief, practice, or observance, 
     of the entity or person about marriage.
       On page 6, between lines 8 and 9, insert the following:
       (c) No Impact From Partnerships.--For purposes of this Act, 
     and any amendment made by this Act, no faith-based 
     organization shall be deemed to be a State, territory or 
     possession of the United States, or Indian Tribe on the basis 
     of any partnership the organization entered into with the 
     State, territory or possession of the United States, or 
     Indian Tribe.
                                 ______
                                 
  SA 6496. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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:

        On page 3, beginning on line 3, strike ``No person acting 
     under color of State law'' and insert ``No State, territory 
     or possession of the United States, or Indian Tribe''
       On page 3, line 17, strike ``person'' and insert ``State, 
     territory or possession of the United States, or Indian 
     Tribe''.
       On page 3, strike lines 19 through 23.
       On page 5, strike line 20 and all that follows through page 
     6, line 3, and insert the following:
       (a) No Impact on Benefits, Status, or Rights.--Nothing in 
     this Act, or any amendment made by this Act, shall be 
     construed to

[[Page S6826]]

     deny or alter any benefit, status, or right (including tax-
     exempt status, tax treatment, educational funding, or a 
     grant, contract, agreement, guarantee, loan, scholarship, 
     license, certification, accreditation, claim, or defense) of 
     any entity or person--
       (1) if such benefit, status, or right does not arise from a 
     marriage; or
       (2) if such potential denial or alteration would be based 
     in whole or in part on the belief, practice, or observance, 
     of the entity or person about marriage.
       On page 6, between lines 8 and 9, insert the following:
       (c) No Impact From Partnerships.--For purposes of this Act, 
     and any amendment made by this Act, no faith-based 
     organization shall be considered to be acting under color of 
     State law on the basis of any partnership the organization 
     entered into with a government.
                                 ______
                                 
  SA 6497. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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:

        Subsection (a) of section 1738C of title 28, United States 
     Code, as added by section 4, is amended by striking ``No 
     person acting under color of State law'' and inserting ``No 
     State, territory, or possession of the United States or 
     Indian tribe''.

                                 ______
                                 
  SA 6498. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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 appropriate place, insert the following:

           TITLE II--RELIGIOUS BELIEFS AND MORAL CONVICTIONS

     SEC. 201. PROHIBITION AGAINST DISCRIMINATION OR SEGREGATION 
                   IN PLACES OF PUBLIC ACCOMMODATION.

       (a) Places of Public Accommodation.--Section 201 of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (6); and
       (C) by inserting after paragraph (3) the following:
       ``(4) any store, facility in a shopping center, or online 
     retailer or provider of online services that has 1 or more 
     employees in the current or preceding calendar year;
       ``(5) a social media platform provider; and'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1) or (5)'';
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking ``paragraph (4)'' and 
     inserting ``paragraph (6)'';
       (D) by redesignating paragraph (4) as paragraph (5); and
       (E) by inserting after paragraph (3) the following: ``(4) 
     in the case of an establishment described in paragraph (4) of 
     subsection (b), it sells or offers to sell a product or 
     service that moves, or has moved, in commerce; and''; and
       (3) by adding at the end the following:
       ``(f) The provisions of this title shall not apply to a 
     religious institution, including place of worship, religious 
     camp, or religious school.
       ``(g) For purposes of this title:
       ``(1) The term `online retailer or provider of online 
     services' means a commercial business, acting through a web 
     page that invites the general public to purchase a good or 
     service by use of a credit card or similar payment device 
     over the internet, that provides content for the web page. 
     The term does not mean a commercial business, acting through 
     a web page that gives information, including information on 
     quality, price, or availability, about a good or service but 
     does not permit such purchase directly from the web page.
       ``(2) The term `social media platform provider' means the 
     provider of a public website or internet application, 
     including a mobile internet application, social network, 
     video sharing service, advertising network, mobile operating 
     system, search engine, email service, or internet access 
     service, that promotes users posting content and others 
     consuming that content.''.
       (b) Exception.--Title II of the Civil Rights Act of 1964 
     (42 U.S.C. 2000a et seq.) is amended by adding at the end the 
     following:

     ``SEC. 208. EXCEPTION FOR SMALL BUSINESSES.

       ``(a) Definition.--In this section, the term `small 
     business' means an employer who does not have 15 or more 
     employees for each working day in each of 20 or more calendar 
     weeks in the current or preceding calendar year.
       ``(b) Exception.--No small business shall be required, 
     under this title or any other Federal, State, or local law, 
     to provide a service related to a marriage of individuals of 
     the same sex, if the small business declines to provide the 
     service in accordance with a sincerely held religious belief, 
     or moral conviction, that marriage is or should be recognized 
     as a certain type of union. For purposes of this subsection, 
     services related to marriage include services for any 
     ceremony or related celebration of the marriage.''.

     SEC. 202. DETERMINATION OF TAX-EXEMPT STATUS MADE WITHOUT 
                   REGARD TO RELIGIOUS BELIEFS.

       Section 501(c)(3) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``Corporations'' and inserting the 
     following:
       ``(A) In general.--Corporations'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Determination made without regard to religious 
     beliefs.--
       ``(i) In general.--Any determination whether an 
     organization is organized or operated exclusively for 
     religious, charitable, scientific, literary, or educational 
     purposes or complies with legal standards of charity shall be 
     made without regard to the organization's religious beliefs 
     or practices concerning the validity of marriages between 
     individuals of the same sex.
       ``(ii) Religious.--For purposes of this paragraph, the term 
     `religious' includes all aspects of religious belief, 
     observance, and practice, whether or not compelled by, or 
     central to, a system of religion.''.

     SEC. 203. CHILD WELFARE PROVIDER INCLUSION ACT.

       (a) Short Title of Section.--This section may be cited as 
     the ``Child Welfare Provider Inclusion Act of 2022''.
       (b) Purposes.--The purposes of this section are as follows:
       (1) To prohibit governmental entities from discriminating 
     or taking an adverse action against a child welfare service 
     provider on the basis that the provider declines to provide a 
     child welfare service that conflicts, or under circumstances 
     that conflict, with the sincerely held religious beliefs or 
     moral convictions of the provider.
       (2) To protect child welfare service providers' exercise of 
     religion and to ensure that governmental entities will not be 
     able to force those providers, either directly or indirectly, 
     to discontinue all or some of their child welfare services 
     because they decline to provide a child welfare service that 
     conflicts, or under circumstances that conflict, with their 
     sincerely held religious beliefs or moral convictions.
       (3) To provide relief to child welfare service providers 
     whose rights have been violated.
       (c) Discrimination and Adverse Actions Prohibited.--
       (1) In general.--The Federal Government, and any State that 
     receives Federal funding for any program that provides child 
     welfare services under part B or E of title IV of the Social 
     Security Act (42 U.S.C. 621 et seq., 671 et seq.) (and any 
     subdivision, office or department of such State) shall not 
     discriminate or take an adverse action against a child 
     welfare service provider on the basis that the provider has 
     declined or will decline to provide, facilitate, or refer for 
     a child welfare service that conflicts with, or under 
     circumstances that conflict with, the provider's sincerely 
     held religious beliefs or moral convictions.
       (2) Limitation.--Paragraph (1) does not apply to conduct 
     forbidden by paragraph (18) of section 471(a) of such Act (42 
     U.S.C. 671(a)(18)).
       (d) Funds Withheld for Violation.--The Secretary of Health 
     and Human Services shall withhold from a State 15 percent of 
     the Federal funds the State receives for a program that 
     provides child welfare services under part B or E of title IV 
     of the Social Security Act (42 U.S.C. 621 et seq., 671 et 
     seq.) if the State violates subsection (c) when administering 
     or disbursing funds under such program.
       (e) Private Right of Action.--
       (1) In general.--A child welfare service provider aggrieved 
     by a violation of subsection (c) may assert that violation as 
     a claim or defense in a judicial proceeding and obtain all 
     appropriate relief, including declaratory relief, injunctive 
     relief, and compensatory damages, with respect to that 
     violation.
       (2) Attorneys' fees and costs.--A child welfare service 
     provider that prevails in an action by establishing a 
     violation of subsection (c) is entitled to recover reasonable 
     attorneys' fees and costs.
       (3) Waiver of sovereign immunity.--By accepting or 
     expending Federal funds in connection with a program that 
     provides child welfare services under part B or E of title IV 
     of the Social Security Act (42 U.S.C. 621 et seq., 671 et 
     seq.), a State waives its sovereign immunity for any claim or 
     defense that is raised under this subsection.
       (f) Severability.--If any provision of this section, or any 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remainder of this section 
     and the application of the provision to any other person or 
     circumstance shall not be affected.
       (g) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section shall take effect on the 1st day of the 1st fiscal 
     year beginning on or after the date of the enactment of

[[Page S6827]]

     this section, and the withholding of funds authorized by 
     subsection (d) shall apply to payments under parts B and E of 
     title IV of the Social Security Act (42 U.S.C. 621 et seq., 
     671 et seq.) for calendar quarters beginning on or after such 
     date.
       (2) Exception.--If legislation (other than legislation 
     appropriating funds) is required for a governmental entity to 
     bring itself into compliance with this section, the 
     governmental entity shall not be regarded as violating this 
     section before the 1st day of the 1st calendar quarter 
     beginning after the 1st regular session of the legislative 
     body that begins after the date of the enactment of this 
     section. For purposes of the preceding sentence, if the 
     governmental entity has a 2-year legislative session, each 
     year of the session is deemed to be a separate regular 
     session.
       (h) Definitions.--In this section:
       (1) Child welfare service provider.--The term ``child 
     welfare service provider'' includes organizations, 
     corporations, groups, entities, or individuals that provide 
     or seek to provide, or that apply for or receive a contract, 
     subcontract, grant, or subgrant for the provision of, child 
     welfare services. A provider need not be engaged exclusively 
     in child welfare services to be considered a child welfare 
     service provider for purposes of this section.
       (2) Child welfare services.--The term ``child welfare 
     services'' means social services provided to or on behalf of 
     children, including assisting abused, neglected, or troubled 
     children, counseling children or parents, promoting foster 
     parenting, providing foster homes or temporary group shelters 
     for children, recruiting foster parents, placing children in 
     foster homes, licensing foster homes, promoting adoption, 
     recruiting adoptive parents, assisting adoptions, supporting 
     adoptive families, assisting kinship guardianships, assisting 
     kinship caregivers, providing family preservation services, 
     providing family support services, and providing time-limited 
     family reunification services.
       (3) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, any commonwealth, territory or 
     possession of the United States, and any political 
     subdivision thereof, and any Indian tribe, tribal 
     organization, or tribal consortium that has a plan approved 
     in accordance with section 479B of the Social Security Act 
     (42 U.S.C. 679c) or that has a cooperative agreement or 
     contract with one of the 50 States for the administration or 
     payment of funds under part B or E of title IV of the Social 
     Security Act.
       (4) Funding; funded; funds.--The terms ``funding'', 
     ``funded'', or ``funds'' include money paid pursuant to a 
     contract, grant, voucher, or similar means.
       (5) Adverse action.--The term ``adverse action'' includes, 
     but is not limited to, denying a child welfare service 
     provider's application for funding, refusing to renew the 
     provider's funding, canceling the provider's funding, 
     declining to enter into a contract with the provider, 
     refusing to renew a contract with the provider, canceling a 
     contract with the provider, declining to issue a license to 
     the provider, refusing to renew the provider's license, 
     canceling the provider's license, terminating the provider's 
     employment, or any other adverse action that materially 
     alters the terms or conditions of the provider's employment, 
     funding, contract, or license.
                                 ______
                                 
  SA 6499. Mr. CRUZ 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:

        After section 4 of the bill, insert the following:

     SEC. 4A. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES.

       (a) No Recognition or Full Faith and Credit for Polygamous 
     Marriages.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to require or authorize Federal recognition of a 
     polygamous marriage;
       (B) to give full faith and credit to an act, record, or 
     proceeding pertaining to a polygamous marriage; or
       (C) to require or authorize recognition of a right or claim 
     arising from a polygamous marriage.
       (2) Covered marriage.--In this subsection, the term 
     ``polygamous marriage'' means a marriage that is not a 
     union--
       (A) between no more than 2 or less than 2 individuals; and
       (B) in which each of those individuals is in only 1 
     marriage.
       (b) No Full Faith and Credit for Marriages in Which a Party 
     Is Below a Certain Age Limit.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State if either party, on the date of the marriage, was 
     under the age of consent for marriage in the second State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     if either party, on the date of the marriage, was under that 
     age.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the age of consent for marriage in that State.
       (c) No Full Faith and Credit for Marriages in Which the 
     Parties Are Too Closely Related.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State in which the parties have a degree of 
     consanguinity for which marriage is forbidden in the second 
     State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     in which the parties have that degree of consanguinity.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the degree of consanguinity for marriage in that 
     State.
                                 ______
                                 
  SA 6500. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 6487 proposed by Mr. Schumer (for Ms. Baldwin (for 
herself, Ms. Collins, Mr. Portman, Ms. Sinema, Mr. Tillis, and Ms. 
Lummis)) 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:

        Strike section 6(b) and insert the following:
       (b) No Recognition or Full Faith and Credit for Polygamous 
     Marriages.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to require or authorize Federal recognition of a 
     polygamous marriage;
       (B) to give full faith and credit to an act, record, or 
     proceeding pertaining to a polygamous marriage; or
       (C) to require or authorize recognition of a right or claim 
     arising from a polygamous marriage.
       (2) Covered marriage.--In this subsection, the term 
     ``polygamous marriage'' means a marriage that is not a 
     union--
       (A) between no more than 2 or less than 2 individuals; and
       (B) in which each of those individuals is in only 1 
     marriage.
       (c) No Full Faith and Credit for Marriages in Which a Party 
     Is Below a Certain Age Limit.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State if either party, on the date of the marriage, was 
     under the age of consent for marriage in the second State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     if either party, on the date of the marriage, was under that 
     age.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the age of consent for marriage in that State.
       (d) No Full Faith and Credit for Marriages in Which the 
     Parties Are Too Closely Related.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State in which the parties have a degree of 
     consanguinity for which marriage is forbidden in the second 
     State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     in which the parties have that degree of consanguinity.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the degree of consanguinity for marriage in that 
     State.
                                 ______
                                 
  SA 6501. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 6482 submitted by 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) and intended to be proposed 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:

        Insert before the title heading for title II the 
     following:

     SEC. __. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES.

       (a) No Recognition or Full Faith and Credit for Polygamous 
     Marriages.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to require or authorize Federal recognition of a 
     polygamous marriage;
       (B) to give full faith and credit to an act, record, or 
     proceeding pertaining to a polygamous marriage; or

[[Page S6828]]

       (C) to require or authorize recognition of a right or claim 
     arising from a polygamous marriage.
       (2) Covered marriage.--In this subsection, the term 
     ``polygamous marriage'' means a marriage that is not a 
     union--
       (A) between no more than 2 or less than 2 individuals; and
       (B) in which each of those individuals is in only 1 
     marriage.
       (b) No Full Faith and Credit for Marriages in Which a Party 
     Is Below a Certain Age Limit.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State if either party, on the date of the marriage, was 
     under the age of consent for marriage in the second State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     if either party, on the date of the marriage, was under that 
     age.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the age of consent for marriage in that State.
       (c) No Full Faith and Credit for Marriages in Which the 
     Parties Are Too Closely Related.--
       (1) In general.--Nothing in this Act, or any amendment made 
     by this Act, shall be construed--
       (A) to give full faith and credit in a second State to an 
     act, record, or proceeding pertaining to a marriage in a 
     first State in which the parties have a degree of 
     consanguinity for which marriage is forbidden in the second 
     State; or
       (B) to require or authorize recognition in a second State 
     of a right or claim arising from a marriage in a first State 
     in which the parties have that degree of consanguinity.
       (2) State determination.--Nothing in this Act, or any 
     amendment made by this Act, shall prohibit a State from 
     determining the degree of consanguinity for marriage in that 
     State.
                                 ______
                                 
  SA 6502. Mr. VAN HOLLEN (for Mr. Leahy (for himself and Mr. 
Grassley)) proposed an amendment to the bill H.R. 5796, to amend title 
35, United States Code, to establish a competition to award 
certificates that can be redeemed to accelerate certain matters at the 
Patent and Trademark Office, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Patents for Humanity Act of 
     2022''.

     SEC. 2. AWARD OF CERTIFICATES TO ACCELERATE CERTAIN MATTERS 
                   AT THE PATENT AND TRADEMARK OFFICE.

       (a) Award.--Chapter 2 of title 35, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 28. Award of certificates to accelerate certain 
       matters at the Patent and Trademark Office

       ``(a) Definition.--In this section, the term `eligible 
     entity' means an entity that--
       ``(1) submits an application under subsection (d) for a 
     patent that addresses a humanitarian issue; and
       ``(2) meets the requirements specified by the Director.
       ``(b) Establishment.--There is established a competition, 
     to be held not less frequently than biennially, to award 
     eligible entities certificates that can be redeemed to 
     accelerate one of the following matters:
       ``(1) An ex parte reexamination proceeding, including 1 
     appeal to the Patent Trial and Appeal Board from that 
     proceeding.
       ``(2) An application for a patent, including 1 appeal to 
     the Patent Trial and Appeal Board from that application.
       ``(3) An appeal to the Patent Trial and Appeal Board of a 
     claim twice rejected in a patent application or reissue 
     application or finally rejected in an ex parte reexamination, 
     without accelerating the underlying matter that generated the 
     appeal.
       ``(4) A matter identified by the Director.
       ``(c) Administration.--The Director shall administer the 
     competition established under subsection (b).
       ``(d) Application.--An entity seeking an award under 
     subsection (b) shall submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require.
       ``(e) Promotion of Competition.--The Director shall promote 
     the competition established under subsection (b) through the 
     satellite offices established pursuant to section 1.
       ``(f) Treatment as Successor.--The competition established 
     under subsection (b) shall be treated as a successor to the 
     Patents for Humanity Program (established in the notice 
     entitled `Humanitarian Awards Pilot Program', published at 77 
     Fed. Reg. 6544 (February 8, 2012)).''.
       (b) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, may be construed as 
     affecting any action taken by the Under Secretary of Commerce 
     for Intellectual Property and Director of the United States 
     Patent and Trademark Office before the date of enactment of 
     this Act with respect to the administration of the Patents 
     for Humanity Program established in the notice entitled 
     ``Humanitarian Awards Pilot Program'', published at 77 Fed. 
     Reg. 6544 (February 8, 2012).
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 2 of title 35, United States Code, is 
     amended by adding at the end the following:

``28. Award of certificates to accelerate certain matters at the Patent 
              and Trademark Office.''.

  The PRESIDING OFFICER. The Senator from Maryland.

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