,i #aafth ,,congress #ast ,session ,h4 ,r4 #ecca ,,in ,,the ,,house ,,of ,,representatives ,december #f1 #bjai,mr4 ,stewart 7for himself1 ,mr4 ,bishop of ,utah1 ,mr4 ,curtis1 ,mr4 ,fitzpatrick1 ,mr4 ,simpson1 ,mr4 ,upton1 ,ms4 ,stefanik1 ,mr4 ,amodei1 and ,mr4 ,joyce of ,ohio7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,education and ,labor1 ,ways and ,means1 ,financial ,services1 ,oversight and ,reform1 and ,house ,administration1 for a period to be subsequently determined by the ,speaker1 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 sex1 sexual orientation1 and gender identity2 and to protect the free exercise of religion4 #a4 ,short title ,this ,act may be cited as the ,fairness for ,all ,act4 #b4 ,prohibition against discrimination or segregation in places of public accommodation ,section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7 is amended-- 7#a7 in subsection 7a71 by inserting sex1 sexual orientation1 gender identity1 before or national origin2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#aj72 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 any place of exercise1 recreation1 or amusement1 other than religious camps or religious retreat centers2 7#e7 any provider of financial services1 including banks1 credit unions1 mortgage houses1 brokers1 and financial planners2 7#f7 for the purpose of classifications enumerated in subsection 7a7 and not described by section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf7;a77-- 7,a7 any provider of medical services4 ,it shall not constitute a violation of this title to provide a service1 treatment1 therapy1 procedure1 or drug on the same medical terms or criteria applicable to individuals needing that service1 treatment1 therapy1 procedure or drug1 without regard to protected class status2 7,b7 any provider of mental health care1 except that this section shall not apply when the primary objective is to assist a person in entering or sustaining a marriage1 so long as the provider coordinates a referral of the client to another qualified mental health care provider who will provide the needed service and the client is not in imminent danger of harming self or others2 7,c7 nothing in subparagraph 7,b7 shall apply to a priest1 pastor1 rabbi1 imam1 or minister of any faith while acting substantially in a ministerial capacity2 and 7,d7 a provider of medical services covered by subparagraph 7,a7 or a provider of mental health care covered by subparagraph 7,b7 may make evidence-based medical determinations and may refer patients when necessary for a patient's best interests and welfare1 including professional expertise2 7#g7 any place of or provider of transportation services2 7#h7 any provider of funeral services or burial plots1 except those that primarily limit their services or facilities to those of a particular religion2 7#i7 any store1 shopping center1 or online retailer or provider of online services that has #ae or more employees for each working day in each of #bj or more calendar weeks in the current or preceding calendar year4 ,this employee threshold shall not apply to a claim of discrimination because of race1 color1 or national origin or to a place of public accommodation covered under paragraphs 7#a7 through 7#h72 2 and 7,d7 by inserting after paragraph 7#aj7 the following3 7#aa7 7,a7 ,the provisions of this title shall not apply to-- 7i7 any building or collection of buildings that is used primarily as a denominational headquarters1 church administrative office1 or church conference center2 7ii7 a place of worship1 such as a church1 synagogue1 mosque1 chapel1 and its appurtenant properties used primarily for religious purposes2 7iii7 a religious educational institution and its appurtenant properties used primarily for religious purposes2 7iv7 in connection with a religious celebration or exercise3 a facility that is supervised by a priest1 pastor1 rabbi1 imam1 or minister of any faith1 or religious certifying body1 and that is principally engaged in providing food and beverages in compliance with religious dietary requirements2 or 7v7 any online operations or activities of an organization exempt under this section4 7,b7 ,the following shall not be a place of public accommodation1 even if used for a commercial purpose1 except within the area and during the time that the property or facility is open to the public2 operated primarily for a commercial purpose2 and not primarily related to the inculcation1 promotion1 or expression of religion-- 7i7 other appurtenant properties or facilities owned or operated by a church1 by another house of worship1 or by a religious educational institution2 or 7ii7 a property owned or operated primarily for noncommercial purposes by a nonprofit religious corporation that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7,c7 ,this paragraph 7#aa7 shall not apply to a person or entity that discriminates because of race1 color1 or national origin with respect to a property or facility enumerated in 7,a7 or 7,b74 7#ab7 ,provided that equivalent treatment1 services1 facilities1 and benefits are made available and without prejudicing rights or protections based on any other protected class status-- 7,a7 nothing in this title that refers to sex shall be construed to prevent a fitness center1 spa1 or similar place1 whose services or facilities are intended for the exclusive use of persons of the same sex1 from providing the use of those services or facilities exclusively to persons of that sex or prohibit a place of public accommodation from temporarily restricting access to a fitness center1 spa1 pool1 or similar place1 according to sex2 and 7,b7 a place of public accommodation shall reasonably accommodate a patron who requests greater privacy within a facility intended for the exclusive use of persons of the same sex4 7#ac7 ,nothing in this title shall be construed to require or prohibit any person1 or public or private entity1 to provide or pay for any benefit or service1 including the use of facilities1 related to an abortion4 ,nothing in this title shall be construed to permit a penalty to be imposed on any person or any individual because such person or individual is seeking or has received any benefit or service related to a legal abortion4 2 and 7#c7 by adding at the end of subsection 7e7 the following3 7f7 ,definitions ,for purposes of this title3 7#a7 ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 7#b7 ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#c7 ,the term online retailer or provider of online services means a web page by a commercial business not enumerated in paragraph 7#aa7 that invites the general public to purchase a good or service by use of a credit card or similar payment device over the internet4 ,it does not mean a web page that gives information about a good or service1 including quality1 price1 or availability1 but does not permit such purchase directly from the web page4 7#d7 ,the terms religion and religious include all aspects of religious belief1 observance1 and practice1 whether or not compelled by1 or central to1 a system of religion4 7#e7 ,the term religious corporation1 association1 educational institution1 or society includes-- 7,a7 a church1 synagogue1 mosque1 temple1 or other house of worship2 7,b7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that is1 in whole or in substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,c7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7g7 ,additional facilities not required ,nothing in this title shall be construed to require the construction of new or additional facilities4 4 #c4 ,prohibition on discrimination in federally funded programs ,the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d7 is amended-- 7#a7 in section #fja1 by inserting sex1 sexual orientation1 gender identity1 before or national origin42 7#b7 in section #fjf1 by striking ,for the purposes of this title and inserting ,subject to section #fjg1 for the purposes of this title2 and 7#c7 by adding at the end the following3 #fjg4 ,program or activity and program defined for purposes of religious entities as applied to sex1 sexual orientation1 or gender identity ,for the purposes of this title1 as applied to sex1 sexual orientation1 and gender identity1 for any religious corporation1 association1 educational institution1 or society1 the term program or activity and the term program are limited to any specific program or activity1 or part thereof1 that receives ,federal financial assistance4 ,any penalty or loss of ,federal financial assistance assessed against such a religious entity shall be limited to the program or activity or program1 or part thereof1 that is determined to have violated section #fja4 #fjh4 ,safeguards for religious organizations receiving assistance 7a7 ,in general ,an otherwise qualified religious provider shall be eligible to receive ,federal financial assistance for a particular service without regard to the provider's religious views or teachings1 notwithstanding section #bjjj;d4 ,subject to this title1 a religious organization that applies for1 or participates in1 a program or activity receiving ,federal financial assistance shall retain its independence and may continue to carry out its mission1 including the definition1 development1 and expression of its religious beliefs4 7b7 ,specific safeguards ,nothing in this title prohibits a religious organization receiving ,federal financial assistance from using space in its buildings and other facilities to conduct its program or activities where there is religious art1 icons1 messages1 scriptures1 or other symbols4 ,additionally1 the organization retains authority over its internal governance and thus may have religious words in the organization's name1 select members of its governing board based on religious criteria1 and have religious references in its mission statement and other governing documents4 7c7 ,educational and childcare institutions ,a religious educational institution or daycare center may enforce with reasonable consistency written religious standards in its admission criteria1 educational programs1 student retention policies1 or residential life policy1 unless those standards are based on race1 color1 or national origin or would exclude or remove a student solely because of a prohibited classification under section #fja with respect to that student's parent or legal guardian4 7d7 ,marriage and family education1 strengthening1 and counseling programs ,for purposes of sexual orientation and gender identity1 a religious corporation1 association1 educational institution1 or society receiving ,federal financial assistance shall be deemed in compliance with section #fja notwithstanding the content of any marriage or family education1 strengthening1 or counseling programming1 provided that the recipient does not exclude beneficiaries on the basis of sexual orientation or gender identity4 7#a7 ,referral ,obligation ,if a beneficiary or prospective beneficiary objects to the religious character of the recipient1 the recipient will undertake reasonable efforts as described in subsection 7d77#b7 to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection2 however1 the recipient is not obligated to guarantee that in every instance an alternative provider will be available4 7#b7 ,agency ,responsibilities ,each agency responsible for administering or supporting a social service program with ,federal financial assistance shall establish policies and procedures designed to ensure that-- 7,a7 appropriate and timely referrals are made to an alternative provider2 7,b7 all referrals are made in a manner consistent with all applicable privacy laws and regulations2 7,c7 the recipient subject to subsection 7d77#a7 notifies the agency of any referral2 7,d7 such recipient has established a process for determining whether the beneficiary has contacted the alternative provider2 and 7,e7 each beneficiary of a marriage or family education1 strengthening1 or counseling program that receives ,federal financial assistance receives written notice of the protections set forth in this section prior to enrolling in or receiving services from such program4 7#c7 ,recipient's ,responsibilities ,the referral obligation of the recipient under section 7d77#b7 shall be satisfied by the recipient if it-- 7,a7 makes appropriate and timely referrals to an alternative provider2 7,b7 refers in a manner consistent with all applicable privacy laws and regulations2 7,c7 notifies the agency of the referral2 7,d7 has established a process for determining whether the beneficiary has contacted the alternative provider2 and 7,e7 can demonstrate that each beneficiary of a social service program received written notice of the protections set forth in this section prior to enrolling in or receiving services from such program4 #fji4 ,specialized federal financial assistance to an entire entity 7a7 ,any religious corporation1 association1 educational institution1 or society that is otherwise eligible for ,federal financial assistance that is awarded to entities to support the safety or infrastructure of the entity cannot be excluded from assistance because of its religious beliefs or practices4 ,such assistance includes ,federal financial assistance for historic preservation1 disaster recovery1 or facilities security4 ,the religious corporation1 association1 educational institution1 or society shall be deemed in compliance with section #fja1 provided that funds used for procurement from a third-party vendor must be used in a manner that complies with section #fja4 7b7 ,for the purposes of this subsection1 a religious educational institution or daycare center that receives funds under the ,richard ,b4 ,russell ,national ,school ,lunch ,act shall not be deemed a recipient of ,federal financial assistance4 #faj4 ,federal financial assistance for adoption and foster care 7a7 ,congressional findings and declaration of policy ,the ,congress hereby finds and declares the following3 7#a7 ,at-risk children deserve a safe and caring family1 and reducing the number of vulnerable children without a permanent home is in the ,federal interest4 7#b7 ,there is a national deficit in the number of adoptive and foster parents and the private agencies qualified to serve these children4 ,federal and ,state governments should cooperate to encourage new agencies to join the effort to serve the needs of vulnerable children1 alongside private agencies that have already been doing that crucial work for decades1 including agencies whose commitment to serve arises from profound religious convictions4 7#c7 ,by providing safe and welcoming homes to vulnerable children1 adoptive and foster care parents serve the best interests of children and contribute to the common good of our communities in ways that are irreplaceable4 ,such parents should be empowered to adopt children based on their merits as parents1 without being thwarted by discriminatory obstacles4 7#d7 ,by finding safe and welcoming homes for vulnerable children1 religious and other providers of adoption and foster care services1 facilitate connections between good parents and vulnerable children4 ,in doing so1 such providers also contribute to the common good of our communities in ways that are irreplaceable4 7#e7 ,the indirect funding program created by this section is intended to be a permanent and fully funded program that links vulnerable children to good parents in order to serve the best interests of children4 ,this indirect funding program will do so by ensuring that diverse adoption and foster care providers1 including religious providers1 will continue to receive ,federal financial assistance4 7#f7 ,therefore1 it is the policy of the ,federal ,government to protect the best interests of at-risk children by establishing minimum ,federal standards that guarantee the equal treatment of qualified families seeking to offer foster care or adoption and an equal respect for the diversity of private agencies1 including religious agencies1 that provide adoption and foster care services4 ,this section shall be construed in a manner consistent with these findings and declaration of policy4 7b7 ,nondiscrimination requirements ,federal financial assistance for adoption1 foster care1 or related services is subject to section #fja1 unless otherwise provided in this section4 ,any entity that receives ,federal financial assistance to perform adoption or foster care placements or related services1 or that contracts with an entity that receives ,federal financial assistance for those services1 except for a private agency when participating in the indirect funding program as described under subsection 7c77#b77;,b7 or 7d77#a71 may not in the course of performing an adoption1 foster care1 or related service discriminate against a prospective parent or a child because of race1 color1 national origin1 sex1 sexual orientation1 or gender identity4 7#a7 ,an entity unlawfully discriminates against a prospective parent by-- 7,a7 denying to any qualified person equal access to or equal treatment during the adoption or foster care evaluation and placement process because of the race1 color1 national origin1 sex1 sexual orientation or gender identity of the qualified prospective adoptive or foster parent or of the child involved2 7,b7 delaying or denying the placement of a child for adoption or into foster care because of the race1 color1 national origin1 sex1 sexual orientation1 or gender identity of the qualified prospective adoptive or foster parent1 or of the child involved2 7,c7 requiring different or additional screenings1 processes1 or procedures for adoptive or foster care placement because of the race1 color1 national origin1 sex1 sexual orientation1 or gender identity of the qualified prospective adoptive or foster parent1 or of the child involved2 7,d7 requiring a qualified prospective foster parent to subscribe to subparagraph 7,d7 or 7,e7 of section 7b77#b72 or 7,e7 excluding a qualified prospective adoptive or foster parent because of the parent's religion4 7#b7 ,an entity unlawfully discriminates against a child by-- 7,a7 denying to any qualified person equal access to or equal treatment during the adoption or foster care evaluation and placement process because of the race1 color1 national origin1 sex1 sexual orientation1 or gender identity of the qualified prospective adoptive or foster parent1 or of the child involved2 7,b7 delaying or denying the placement of a child for adoption or into foster care because of the race1 color1 national origin1 sex1 sexual orientation1 or gender identity of the qualified prospective adoptive or foster parent1 or of the child involved2 7,c7 requiring different or additional screenings1 processes1 or procedures for adoptive or foster care placement because of the race1 color1 national origin1 sex1 sexual orientation1 or gender identity of the qualified prospective adoptive or foster parent1 or of the child involved2 7,d7 treating a child in the legal custody of the ,state inconsistently with the child's gender identity1 as demonstrated by the child's medical history1 care or treatment of the child's gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 is part of the child's core identity1 and is not being asserted for an improper purpose2 or 7,e7 subjecting any child in the legal custody of the ,state to any practice or treatment that seeks to change the child's sexual orientation or gender identity4 ,it shall be lawful for a professional counselor licensed by the ,state to assist a minor1 without regard to sexual orientation or gender identity1 to prevent or address unlawful conduct or unsafe sexual practices4 7c7 ,indirect funding of adoption and foster care services 7#a7 ,establishment of indirect funding program ,the ,department of ,health and ,human ,services1 the ,social ,security ,administration1 the ,department of ,state1 and any other agency authorized by ,federal law to administer ,federal financial assistance for the support of adoption and foster care services shall issue final rules within two years of the enactment of this ,act to create an indirect funding program that delivers ,federal financial assistance to eligible prospective parents for the purpose of obtaining such services through a qualified private agency that they select4 7,a7 ,this indirect funding program will entitle a qualified ,state resident to receive a certificate to assist with the costs of a personal assessment1 background check1 home study1 endorsement1 certification of a person's eligibility to act as the guardian of a child in foster care or as the parent of a child available for adoption1 and placement of a child with an eligible individual or family4 7,b7 ,a substantial proportion of appropriated ,federal financial assistance for adoption or foster care services1 including assistance available under part ,b and part ,e of title ,,iv of the ,social ,security ,act1 shall be allocated to fund the indirect funding program through the issuance of a certificate to eligible prospective parents4 7,c7 ,each certificate shall be worth an amount to be determined through agency rulemaking1 but in no event less than #c1jjj as indexed to the ,consumer ,price ,index as of ,january #a1 #bjai4 7,d7 ,participation in this indirect funding program may not be delayed or denied because of a ,state resident's race1 color1 national origin1 religion1 sex1 sexual orientation1 or gender identity4 7,e7 ,the responsible ,federal agencies shall establish policies and procedures designed to ensure that where a referral is required by this section-- 7i7 an appropriate and timely referral is made to an alternative provider2 7ii7 all referrals are made in a manner consistent with applicable privacy laws and regulations2 7iii7 the provider of adoption and foster care placement or related services notifies the agency of any referral2 and 7iv7 each applicant for and recipient of adoption or foster care placement or related services from a provider that receives ,federal financial assistance will receive written notice from the provider of the protections set forth in this section when applying for or receiving such services4 7#b7 ,implementation of indirect funding program 7,a7 ,approved ,state plan ,to be eligible for ,federal financial assistance for adoption or foster care services under part ,b or part ,e of title ,,iv of the ,social ,security ,act1 a ,state must develop a written plan approved by the ,secretary of the ,department of ,health and ,human ,services providing that-- 7i7 the ,state has established rules1 policies1 and procedures within #f months after issuance of final rules under subsection 7c77#a7 that ensures the ,state's full participation in the indirect funding program by making available to each qualified ,state resident on request a certificate as prescribed by subsection 7c77#a71 to be used solely for the services enumerated in subsection 7c77#a74 ,this certificate may commingle funding from ,federal and ,state sources1 and such commingled revenues shall be deemed ,federal financial assistance2 7ii7 the ,state uses its best efforts to increase the number of private organizations within each catchment area that are qualified to provide foster care and adoption services1 including organizations willing to serve all qualified prospective parents2 7iii7 the ,state publishes and maintains a current list of licensed adoption and foster care providers with offices in the ,state1 by catchment area1 which list will identify providers that serve all applicants1 as well as those that serve particular communities and those that provide particular services2 7iv7 the ,state performs a prompt and cost-free eligibility assessment for every prospective parent who applies for a certificate1 informs every eligible prospective parent of the licensed adoption and foster care providers in the participant's catchment area1 and may provide additional information to facilitate the prospective parent's selection of a provider2 7v7 any ,state resident eligible to act as a foster parent or adoptive parent has an equal opportunity to obtain adoption or foster care related services from a provider who accepts the certificate described in section 7c77#a72 and 7vi7 when a qualified individual seeking adoption or foster care placement or related services is unable to obtain such services from a particular provider-- 7,i7 there is at least one other willing and qualified provider of such service in the same or adjacent catchment area that will serve all qualified individuals2 7,,ii7 the provider gives an appropriate and timely referral to at least one alternative provider2 7,,iii7 each referral is made in a manner consistent with applicable privacy laws and regulations2 and 7,,iv7 the provider of adoption and foster care placement or related services notifies the ,state of any referral that is issued4 7,b7 ,protections for private agencies ,no ,state or local government may-- 7i7 deny any licensed provider of adoption or foster care placement or related services the opportunity to participate in the certificate program prescribed by subsection 7c77#a72 7ii7 deny any licensed provider of adoption or foster care placement or related services reasonable payment for services actually rendered in reliance on a certificate2 7iii7 require a provider of adoption or foster care placement or related services to perform such services in a particular instance as a condition of participating in the certificate program prescribed by subsection 7c77#a71 unless such service is required by ,federal law or imposed pursuant to an agreement between the provider and the ,state that compensates the provider for such service exclusively with ,state revenues2 and 7iv7 withhold1 suspend1 or terminate contracts1 cooperative agreements1 grants1 or other financial assistance when a provider of adoption or foster care placement or related services takes any action permitted under this title4 7#c7 ,authority to withhold funds ,if a ,state fails to participate in the indirect funding program1 develop an appropriate ,state plan1 or to comply with this section in any other respect1 the ,secretary shall1 after appropriate notice and failure to comply1 withhold payment to the ,state of amounts otherwise payable under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq471 to the extent that the ,secretary deems the withholding necessary to induce compliance4 ,a ,state may elect not to comply with its duties under this section on condition that it declines ,federal financial assistance for adoption and foster care4 7d7 ,private recipients of ,federal financial assistance 7#a7 ,protection for diverse providers ,a private organization that is eligible to receive ,federal financial assistance through the certificate program prescribed by subsection 7c77#a7 for providing any adoption or foster care placement or related services may-- 7,a7 decline to accept a certificate without being obligated to perform a particular service1 despite receiving certificates to perform other covered adoption or foster care services1 so long as the provider gives a referral to the certificate holder consistent with section 7c77#b77;,a77vi77,,ii7-7,,iv72 or 7,b7 after accepting a certificate1 facilitate a mutually voluntary referral that does not unreasonably delay or disrupt the adoption or foster care evaluation and placement process4 7#b7 ,misrepresentation ,after accepting a certificate1 a provider of adoption or foster care services may terminate its relationship with a prospective parent who makes a material misrepresentation of a fact that the prospective parent knew or should have known that the agency specifically requested4 ,such agency shall provide a referral consistent with subsection 7c77#b77;,a77vi77,,ii7-7,,iv7 and shall not lose its right under subsection 7c77#b77;,b77ii7 to reasonable payment for services actually performed4 7#c7 ,protection for custodial parents ,a private organization that has received ,federal financial assistance through the certificate program prescribed by subsection 7c77#a7 shall not discriminate against the custodial parent of a child in foster care because of the custodial parent's race1 color1 national origin1 religion1 sex1 sexual orientation1 or gender identity with respect to the monitoring of a parent whom the provider has previously endorsed or with whom the provider has placed a child4 7e7 ,miscellaneous 7#a7 ,custody of child in foster care ,for purposes of this section1 a child in foster care shall be deemed to be in the legal custody of the ,state4 7#b7 ,rule of construction ,nothing in this section shall be construed to prohibit an entity receiving ,federal financial assistance for adoption1 foster care1 or related services from making an individualized placement assessment in the best interest of the child's health1 safety1 and welfare4 7#c7 ,effective dates 7,a7 ,in general ,except as described in subsection 7e77#a77;,b71 the protections under subsection 7b7 shall become effective on the date of enactment4 7,b7 ,religious provider exemption 7i7 ,section 7b77#a7 shall come into effect with respect to a religious adoption or foster care provider #ab months after the ,state where the provider operates has implemented the certificate program as described in section 7c77#b77;,a74 7ii7 ,if the certificate program is not substantially funded as required by subsection 7c71 the protections described by subsection 7b77#a7 shall become unenforceable as to a religious adoption or foster care provider until funding is provided or restored4 7iii7 ,for purposes of this section1 religious adoption or foster care provider means a licensed or accredited nonprofit provider of adoption or foster care services that-- 7,i7 is in whole or substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,,ii7 holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7#d7 ,private rights of action 7,a7 ,nothing in this section shall be construed to authorize a right of action against a private organization for the exercise of rights provided under subsection 7d77#a74 7,b7 ,a private right of action may be brought by a private organization under section #aajg4 7#e7 ,supplanting prohibited ,any ,federal funds received under this section shall be used to supplement1 not supplant1 non-,federal funds that would otherwise be available for activities funded under this subchapter4 7#f7 ,effect on ,federal laws respecting racial discrimination ,nothing in this section shall be construed to alter1 affect1 or supersede any ,federal law that addresses discrimination because of race1 color1 or national origin by any ,state or private organization that receives ,federal financial assistance for adoption or foster care placement or related services4 7#g7 ,application to ,states with waivers ,for any ,state that1 on the date of enactment of this ,act1 has in effect a waiver approved under section #aacj of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#i71 the amendments to this title shall not apply to that ,state before the expiration of the waiver 7determined without regard to any extensions71 to the extent that an amendment is inconsistent with the terms of the waiver4 7#h7 ,effect on ,state laws ,nothing in this section shall be construed to supersede a ,state or local law1 policy1 or contract addressing the legal conditions of receiving ,government funding for adoption or foster care services1 provided that the ,state or local law does not directly conflict with this section4 #faa4 ,sex-specific segregation or programs 7a7 ,if sex segregation or sex-specific programming is necessary to the essential operation of a program or activity1 nothing in this title shall prevent any such program or activity from considering an individual's sex1 provided that where appropriate to accomplish the purpose of the program or activity1 individuals are treated in accordance with their gender identity4 7b7 ,an educational institution receiving ,federal financial assistance shall reasonably accommodate a student who requests greater privacy with respect to the use of a facility designated for the exclusive use of persons of the same sex1 provided that the accommodation does not exclude any student from such a facility to which the student has a right of access or otherwise prejudice any right or privilege protected under this title4 7c7 ,nothing in this title shall be construed to alter or affect the ,violence ,against ,women ,act of #aiid4 #fab4 ,neutrality with respect to abortion ,nothing in this title shall be construed to require or prohibit any person1 or public or private entity1 to provide or pay for any benefit or service1 including the use of facilities1 related to an abortion4 ,nothing in this title shall be construed to permit a penalty to be imposed on any person or any individual because such person or individual is seeking or has received any benefit or service related to a legal abortion4 #fac4 ,no effect on title ,,ix ,nothing contained in this title shall be construed to alter or affect title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 ,any claim that a person has been excluded because of sex from participation in1 or denied the benefits of1 or subjected to discrimination with respect to any education program or activity that receives ,federal financial assistance shall be governed by title ,,ix and not this title4 #fad4 ,additional definitions ,for purposes of this title3 7#a7 ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 7#b7 ,the terms religion and religious include all aspects of religious belief1 observance1 and practice1 whether or not compelled by1 or central to1 a system of religion4 7#c7 ,the term religious corporation1 association1 educational institution1 or society includes-- 7,a7 a church1 synagogue1 mosque1 temple1 or other house of worship2 7,b7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that is1 in whole or substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,c7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7#d7 ,the term religious educational institution includes any preschool1 primary1 secondary or post-secondary educational institution that is-- 7,a7 in whole or in substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,b7 a nonprofit corporation organized for educational purposes that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7#e7 ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 4 #d4 ,employment discrimination prohibited 7a7 ,definitions ,section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7 is amended-- 7#a7 in subsection 7j7 by inserting 7#a7 after 7j72 7#b7 in subsection 7j77#a7 by inserting 1 after initiating and engaging in an affirmative and bona fide effort1 after unable2 7#c7 in subsection 7j77#a7 by striking an employee's and all that follows through religious and inserting an employee's religious2 7#d7 by adding at the end of subsection 7j77#a7 the following3 7#b7 7,a7 ,in this subsection1 the term employee includes an employee 7as defined in subsection 7f771 or a prospective employee1 who1 with or without reasonable accommodation1 is qualified to perform the essential functions of the employment position that such individual holds or desires4 7,b7 ,in this paragraph1 the term perform the essential functions includes carrying out the core requirements of an employment position and does not include carrying out practices relating to clothing1 practices relating to taking time off1 or other practices that may have a temporary or tangential impact on the ability to perform job functions1 if any of the practices described in this subparagraph restrict the ability to wear religious clothing1 to take time off for a holy day1 or to participate in a religious observance or practice4 7#c7 ,in this subsection1 the term undue hardship means an accommodation requiring significant difficulty or expense4 7,a7 ,for purposes of determining whether an accommodation requires significant difficulty or expense1 factors to be considered in making the determination shall include-- 7i7 the identifiable cost of the accommodation1 including the costs of loss of productivity and of retraining or hiring employees or transferring employees from one facility to another2 7ii7 the overall financial resources and size of the employer involved1 relative to the number of its employees2 7iii7 for an employer with multiple facilities1 the geographic separateness or administrative or fiscal relationship of the facilities2 and 7iv7 whether the accommodation will obstruct the employer from providing its customers or clients the full and equal enjoyment of the goods1 services1 facilities1 privileges1 advantages1 and accommodations offered4 7,b7 ,an employer shall not be required to provide an accommodation that will result in the violation of ,federal or ,state law nor result in liability for a hostile work environment4 2 and 7#e7 by inserting after subsection 7n7 the following3 7o7 7#a7 ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 7#b7 ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#c7 ,the terms religion and religious include all aspects of religious belief1 observance1 and practice1 whether or not compelled by1 or central to1 a system of religion4 7#d7 ,the term religious corporation1 association1 educational institution1 or society includes-- 7,a7 a church1 synagogue1 mosque1 temple1 or other house of worship2 7,b7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that is1 in whole or substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,c7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 4 7b7 ,exemption ,section #gjb7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#a7;a77 is amended-- 7#a7 by inserting 7#a7 after 7a72 7#b7 by striking ,state1 or and inserting the following3 ,state4 7#b7 7,a7 ,this title shall not apply 2 and 7#c7 by adding at the end of paragraph 7#b7 the following3 7,b7 ,exempt ,organizations ,with respect to claims of employment discrimination because of sexual orientation or gender identity1 nothing in this subchapter shall apply to the following3 7i7 a church or its integrated auxiliaries1 a convention or association of churches1 or a religious order1 as described in section #fjcc7;a77#c77;,a77i7 and section #fjcc7;a77#c77;,a77iii7 of the ,internal ,revenue ,code of #aihf2 7ii7 a religious organization described in sections #eja7;c77#c7 and #eji7;a77#a71 7#b71 or 7#c7 that is covered by an ,internal ,revenue ,service group exemption letter issued to a church or a convention or association of churches2 7iii7 a religious educational institution that is eligible for exemption under section #gjc7;e77#b7 of this subchapter2 7iv7 a religious corporation1 association1 or society under section #gjb7;a7 of this subchapter that is eligible for tax-exempt status under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and that employs only individuals of the employer's religion1 unless the employee demonstrates that the employer has not applied with reasonable consistency its religious standard cited as the reason for the adverse employment action2 or 7v7 any association exclusively composed of employers exempt under subparagraphs 7#b77;,b77i7-7iv74 7,c7 ,a claim under this subchapter against an employer described by section #gjb7;a77#b77;,b7 for discrimination because of sex shall not include claims of discrimination because of sexual orientation or gender identity4 ,this provision shall not otherwise affect claims of sex discrimination1 and nothing in this provision shall prevent a person1 regardless of sexual orientation or gender identity1 from bringing a claim of sex discrimination4 7,d7 ,no religious corporation1 association1 or society otherwise eligible under section 7#b77;,b77iv7 of this section shall be ineligible because of nonrecognition under section #eja7;c77#c7 of the ,internal ,revenue ,code1 unless such tax treatment is consistent with section #eja7;c77#c77;,b7 of that ,code4 7,e7 ,no employer whose primary purpose and activity is to deliver medical services shall be eligible for the exemptions under section #gjb7;a77#b77;,b74 7,f7 ,nothing in this section shall prejudice rights and defenses available under sections #gjb7;a7 and #gjc7;e77#b74 4 7c7 ,unlawful employment practices ,section #gjc of such ,act 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended-- 7#a7 except in subsection 7e71 by inserting sexual orientation1 gender identity1 immediately before or national origin each place it appears2 7#b7 in subsection 7e77#a71 by striking enterprise1 and inserting enterprise1 if an individual is recognized as qualified in accordance with gender identity when sex is a bona fide occupational qualification12 7#c7 in the heading of subsection 7m71 by striking sex1 and inserting sex1 sexual orientation1 gender identity12 and 7#d7 by adding at the end the following3 7o7 7#a7 ,in this section3 7,a7 ,the term employee has the meaning given the term in section #gja7;j77#b74 7,b7 ,the term leave of general usage means leave provided under the policy or program of an employer1 under which-- 7i7 an employee may take leave by adjusting or altering the work schedule or assignment of the employee according to criteria determined by the employer2 and 7ii7 the employee may determine the purpose for which the leave is to be utilized4 7#b7 ,for purposes of determining whether an employer has committed an unlawful employment practice under this title by failing to provide a reasonable accommodation to the religious observance or practice of an employee1 for an accommodation to be considered to be reasonable1 the accommodation shall remove the conflict between employment requirements and the religious observance or practice of the employee4 7#c7 ,an employer shall be considered to commit such a practice by failing to provide such a reasonable accommodation for an employee if the employer refuses to permit the employee to utilize leave of general usage to remove such a conflict solely because the leave will be used to accommodate the religious observance or practice of the employee4 4 7d7 ,other unlawful employment practices ,section #gjd7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#c7 is amended-- 7#a7 in subsection 7b7 by inserting sexual orientation1 gender identity1 before national origin each place it appears2 7#b7 in subsection 7b7 by striking employment4 and inserting employment1 if an individual is recognized as qualified in accordance with gender identity when sex is a bona fide occupational qualification42 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,prohibited sanctions for certain employee speech 7#a7 ,an employee may express the employee's religious1 political1 or moral beliefs in the workplace in a reasonable1 nondisruptive1 and nonharassing way on equal terms with similar types of expression of beliefs allowed by the employer in the workplace1 unless the expression is in direct and substantial conflict with the essential business-related interests of the employer4 7#b7 ,an employer may not discharge1 demote1 terminate1 or refuse to hire any person1 or retaliate against1 harass1 or discriminate in matters of compensation or in terms1 privileges1 and conditions of employment against any person otherwise qualified for employment1 for lawful expression or expressive activity outside of the workplace regarding the person's beliefs that-- 7,a7 marriage is or should be recognized as a union of one man and one woman1 or one woman and one woman1 or one man and one man2 or 7,b7 sexual activity should or should not be reserved for spouses within a marriage4 ,the employee's expression is not protected under subsection 7c77#b7 if it directly and materially impedes the employee's performance of an essential job function4 7#c7 ,paragraphs 7#a7 and 7#b7 shall not apply to a nonprofit organization that operates to express or advocate particular viewpoints1 or to an employer that is a religious corporation1 association1 educational institution1 or society covered by section #gja7o77#d74 4 7e7 ,claims ,section #gjf7;g77#b77;,a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;g77#b77;,a77 is amended by striking sex1 and inserting sex1 sexual orientation1 gender identity14 7f7 ,employment by federal government ,section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 is amended-- 7#a7 in subsection 7a71 by striking sex1 and inserting sex1 sexual orientation1 gender identity12 and 7#b7 in subsection 7c71 by striking sex and inserting sex1 sexual orientation1 gender identity14 7g7 ,government employee rights act of #aiia ,the ,government ,employee ,rights ,act of #aiia 7title ,,iii of ,public ,law #ajb-aff2 #db ,u4,s4,c4 #bjjj;e-#af et seq47 is amended-- 7#a7 in section #cja7;b71 by striking sex1 and inserting sex1 sexual orientation1 gender identity12 and 7#b7 in section #cjb7;a77#a71 by striking sex1 and inserting sex1 sexual orientation1 gender identity14 7h7 ,additional facilities not required ,the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#ah7 is amended by adding at the end the following3 #gai4 ,nothing in this subchapter shall be construed to require the construction of new or additional facilities4 4 7i7 ,privacy in sex-,designated facilities ,the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#ai71 as amended by subsection 7h71 is amended by adding at the end the following3 #gbj4 ,if equivalent facilities and benefits are made available and without regard to a prohibited classification under this subchapter1 an employer shall reasonably accommodate an employee who requests greater privacy within a facility intended for the exclusive use of persons of the same sex4 4 7j7 ,intervention ,section #ijb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;h-#b7 is amended by inserting sexual orientation1 gender identity1 before or national origin14 7k7 ,congressional ,accountability ,act of #aiie ,section #bja7;a77#a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7;a77#a77 is amended by inserting sexual orientation1 gender identity1 before or national origin14 7l7 ,title #e1 ,united ,states ,code ,chapter #bc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #bcja7;b77#b71 by striking sex1 and inserting sex1 sexual orientation1 gender identity12 and 7#b7 in section #bcjb-- 7,a7 in subsection 7b77#a77;,a71 by inserting sexual orientation1 gender identity1 before or national origin12 and 7,b7 in subsection 7d77#a71 by inserting sexual orientation1 gender identity1 before or national origin24 #e4 ,housing discrimination prohibited 7a7 ,in ,general 7#a7 ,section #hjd of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjd7 is amended by inserting sexual orientation1 gender identity1 after sex each place that term appears4 7#b7 ,section #hje of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfje7 is amended by inserting sexual orientation1 gender identity1 after sex each place that term appears4 7#c7 ,section #hjf of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjf7 is amended by inserting sexual orientation1 gender identity1 after sex each place that term appears4 7#d7 ,section #hjg of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjg7 is amended by inserting or to persons who adhere to its religious beliefs1 observances1 tenets1 or practices immediately after the phrase of the same religion and or adherence to such beliefs1 observances1 tenets1 or practices immediately before is restricted4 7#e7 ,section #hjh of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjh7 is amended by inserting sexual orientation1 gender identity1 after sex each place that term appears4 7b7 ,prevention of intimidation ,section #ija of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfca7 is amended by inserting sexual orientation1 gender identity1 after sex1 each place that term appears4 7c7 ,definitions ,section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb7 is amended by adding at the end the following3 7p7 ,sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7q7 ,gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 7r7 ,operates includes the rental or occupancy of dwellings through a lease or contract with the dwelling's actual owner or primary operator4 7s7 ,religion has the same meaning as section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 7t7 ,religious organization1 association1 or society has the same meaning as section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 4 #f4 ,other nondiscrimination requirements 7a7 ,marriage ,recognition 7#a7 ,section #g of title #a1 ,united ,states ,code1 is amended to read as follows3 #g4 ,marriage 7a7 ,for the purposes of any ,federal law in which marital status is a factor1 an individual shall be considered married if that individual's marriage is valid in the ,state where the marriage was entered into or1 in the case of a marriage entered into outside any ,state1 if the marriage is valid in the place where entered into and the marriage could have been entered into in a ,state4 7b7 ,in this section1 the term ,state means a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any other territory or possession of the ,united ,states4 4 7#b7 ,section #agch;,c of title #bh1 ,united ,states ,code1 is repealed1 and the table of sections at the beginning of chapter #aae of title #bh1 ,united ,states ,code1 is amended by striking the item relating to that section4 7b7 ,desegregation of public facilities ,section #cja7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;b7a77 is amended by inserting sex1 sexual orientation1 gender identity1 before or national origin4 7c7 ,discrimination in federal jury service prohibited ,chapter #aba of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #ahfb1 by inserting sexual orientation1 gender identity1 after sex1 each place that term appears2 7#b7 in section #ahfg1 by inserting sexual orientation1 gender identity1 after sex1 each place that term appears2 and 7#c7 in section #ahfi by adding at the end the following3 7l7 ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7m7 ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 4 7d7 ,discrimination in credit prohibited ,the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended-- 7#a7 in section #gja7;a77#a7 by striking or after sex and inserting 1 sexual orientation1 gender identity1 after sex2 7#b7 in section #gjb-- 7,a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7i71 respectively2 7,b7 by inserting after subsection 7e7 the following3 7f7 ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 without regard to the individual's designated sex at birth4 ,a person's gender identity can be shown by providing evidence1 including medical history1 care or treatment of the gender identity1 consistent and uniform assertion of the gender identity1 or other evidence that the gender identity is sincerely held1 part of a person's core identity1 and not being asserted for an improper purpose4 2 and 7,c7 by inserting after subsection 7g71 as so redesignated1 the following3 7h7 ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 2 and 7#c7 in section #gje1 by inserting 1 sexual orientation1 gender identity1 after sex4 7e7 ,discrimination in refugee resettlement prohibited ,section #dab7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;a77#e77 is amended by inserting sexual orientation1 gender identity1 after sex14 7f7 ,safe schools ,title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaja et seq47 is amended by adding at the end the following3 ,g ,,safe ,,schools ,,improvement #dgja4 ,purpose ,the purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools4 #dgjb4 ,anti-bullying policies 7a7 ,bullying ,in this part1 the term bullying includes cyber-bullying through electronic communications that take place away from school or a school-sponsored or school-related event1 but only if the cyber-bullying infringes on the rights of the student at school as set forth in subparagraph 7,a7 or 7,b7 of subsection 7b77#a74 7b7 ,policies ,a ,state that receives a grant under this title shall require all local educational agencies in the ,state with authority to administer public elementary and secondary schools to carry out the following3 7#a7 ,establish policies that prevent and prohibit conduct1 including bullying and harassment-- 7,a7 that is sufficiently severe1 persistent1 or pervasive that a reasonable person would expect such bullying or harassment to limit a student's ability to participate in1 or benefit from1 a program or activity of a public school or local educational agency2 or 7,b7 that is sufficiently severe1 persistent1 or pervasive that a reasonable person would expect such bullying or harassment to create a hostile or abusive educational environment1 adversely affecting a student's education1 at a program or activity of a public school or local educational agency1 including acts of verbal1 nonverbal1 or physical aggression or intimidation4 7#b7 ,the policies required under paragraph 7#a7 shall include a prohibition of bullying or harassment conduct based on-- 7,a7 a student's actual or perceived race1 color1 national origin1 religion1 disability1 sex1 sexual orientation1 or gender identity2 7,b7 the actual or perceived race1 color1 national origin1 religion1 disability1 sex1 sexual orientation1 or gender identity of a person with whom a student associates or has associated2 or 7,c7 any other distinguishing characteristics that may be defined by the ,state or local educational agency1 including being homeless or the child or ward of a member of the ,armed ,forces4 7#c7 ,provide-- 7,a7 annual notice to students1 parents1 and educational professionals describing the full range of the local educational agency's policies required under paragraph 7#a7 and shall include an affirmative statement of the protections for free speech1 assembly1 and expression under the ,first ,amendment and any other applicable law2 and 7,b7 grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies1 including-- 7i7 the name of the local educational agency officials who are designated as responsible for receiving such complaints2 and 7ii7 timelines that the local educational agency will establish in the resolution of such complaints4 7#d7 ,collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph 7#a7 at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level4 ,the local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable4 7#e7 ,encourage positive and preventative approaches to school discipline that minimize students' removal from instruction and ensure that students1 including students described in paragraph 7#b71 are not subject to disproportionate punishment4 #dgjc4 ,state reports ,the chief executive officer of a ,state that receives a grant under this title1 in cooperation with the ,state educational agency1 shall submit a biennial report to the ,secretary-- 7#a7 on the information reported by local educational agencies in the ,state pursuant to section #dgjb7;b77#d72 and 7#b7 describing the ,state's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section #dgjb7;b77#a74 #dgjd4 ,evaluation 7a7 ,biennial evaluation ,the ,secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools1 including implementation of the requirements described in section #dgjb1 including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and programs that train covered school employees how to identify and stop bullying and harassment1 as those terms are defined in section #dgjb4 7b7 ,data collection ,the ,commissioner for ,education ,statistics shall collect data from ,states1 that are subject to independent review1 to determine the incidence and frequency of conduct prohibited by the policies described in section #dgjb4 7c7 ,biennial report ,not later than ,january #a of the first calendar year that begins after the effective date of this section and every #b years thereafter1 the ,secretary shall submit to the ,president and ,congress a report on the findings of the evaluation conducted under subsection 7a7 together with the data collected under subsection 7b7 and data submitted by the ,states under section #dgjc4 #dgje4 ,effect on other laws 7a7 ,federal and ,state nondiscrimination laws ,nothing in this part shall be construed to invalidate or limit rights1 remedies1 procedures1 or legal standards available to victims of discrimination under any other ,federal law or law of a ,state or political subdivision of a ,state1 including title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd or #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid1 #gid;a71 or the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 ,the obligations imposed by this part are in addition to those imposed by title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7b7 ,free speech and expression ,nothing in this part shall be construed to deny any student a right of free speech1 assembly1 or expression protected under the ,constitution or any other ,federal law1 or to permit unlawful viewpoint discrimination4 ,no policy established under this part may prevent or punish a student's expression of religious1 political1 or philosophical beliefs in the classroom or at school activities when such expression takes place on equal terms with similar expressions of belief allowed by the school in the same setting4 #dgjf4 ,rule of construction ,nothing in this part shall be construed to prohibit a ,state or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part4 4 #g4 ,prohibition on retaliation and unequal treatment ,title ,,xi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;h et seq47 is amended by adding at the end the following3 #aajg4 ,nonretaliation 7a7 ,in general 7#a7 ,no government shall take any adverse action because of-- 7,a7 the existence or invocation of any exemption1 defense1 or remedy under this ,act2 or 7,b7 the existence or invocation of any protection from discrimination under this ,act4 7#b7 ,nothing in this subsection shall be construed to invalidate or supersede a law without evidence that it was enacted1 enforced1 or administered for reasons prohibited by paragraph 7#a74 7b7 ,prohibition on ,certain ,government ,actions 7#a7 ,persons protected from discrimination ,no government shall take any adverse action that1 as applied1 conflicts with any protection from discrimination under this ,act4 7#b7 ,certain religious properties and religious employers 7,a7 ,no government shall take any adverse action that1 as applied1 is inconsistent with the exemptions under section #bja7;b77#aa74 7,b7 ,no government shall take any adverse action that1 as applied1 abridges the exemptions provided under section #gjb7;a77#b77;,b74 7,c7 ,nothing in this subsection shall be construed to invalidate any other law that otherwise applies to a religious property exempt under section #bja7;b77#aa7 or a religious employer exempt under section #gjb7;a77#b77;,b74 7#c7 ,adoption and foster care funding1 licensure1 and certification ,no ,state shall enforce a law with respect to a particular contract1 cooperative agreement1 grant1 guarantee1 or benefit if that law1 as applied1 abridges any right or benefit under section #faj1 unless the ,state demonstrates that the contract1 cooperative agreement1 grant1 guarantee1 or benefit is solely funded by revenues of a ,state or political subdivision thereof4 ,a ,state or its political subdivision may commingle its revenues with ,federal financial assistance for the purpose of providing financial aid to adoption agencies2 such commingled revenues shall be deemed ,federal financial assistance4 ,no government may deny1 withhold1 or suspend the license or certification of a religiously affiliated adoption or foster care agency because of its religious teachings or practices1 provided that the agency complies with generally applicable health and safety standards4 7c7 ,religious ,educational ,institutions 7#a7 ,no adverse action for religious mission ,no government shall take any adverse action against a religious educational institution1 its faculty1 students1 or graduates because of its religious mission4 7#b7 ,accreditation ,no accrediting agency shall take an adverse action against a religious educational institution for noncompliance with an accreditation standard that would require the institution to act inconsistently with its religious mission as related to marriage1 family1 sexuality1 or gender identity1 except as these matters pertain to race1 color1 or national origin4 ,nothing in this provision shall be interpreted to deny an accrediting agency the authority under section #dif7;a7 of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajii;b7a77 to take action necessary to ensure that the courses or programs of instruction1 training1 or study offered by an institution of higher education are of sufficient quality to achieve the stated objective for which the courses or the programs are offered4 ,an accrediting agency does not demonstrate that its adverse action against a religious educational institution is authorized under section #ajii;b7a7 merely by showing that the action results from a rule of general applicability4 7#c7 ,remedies ,a religious educational institution harmed by a violation of this subsection may obtain injunctive relief against the responsible accrediting agency4 ,upon receiving a copy of such an injunction1 the ,department of ,education shall deem the affected religious educational institution as accredited for all purposes under ,federal law4 ,the ,department shall deny recognition for any purpose to an accrediting agency that knowingly violates this subsection4 ,an accrediting agency that loses its government recognition may apply with the ,department to restore its recognition if the agency demonstrates that the violation resulted from mistake or inadvertence4 ,within two years of the enactment of this ,act1 the ,department shall issue final rules prescribing the procedures governing this section4 7d7 ,no ,religious ,tests ,no government shall-- 7#a7 exclude a person from an occupation by depriving a person of professional credentials or imposing a fine or penalty1 including through a private right of action1 because of the person's religious beliefs or affiliations1 provided that the person otherwise complies with occupational or professional standards that1 in purpose and effect1 are neutral toward religion and generally applicable2 or 7#b7 determine eligibility for public office because of religious beliefs or affiliations4 7e7 ,scope of ,application ,subsections 7a7 through 7d7 apply in any case in which-- 7#a7 section #e of the ,fourteenth ,amendment to the ,constitution of the ,united ,states grants lawmaking power to ,congress2 7#b7 action by a government or an accrediting agency would affect commerce with foreign nations1 among the several ,states1 or with ,indian ,tribes2 7#c7 a ,state or political subdivision receives ,federal financial assistance1 to the full extent permitted by ,congress' authority under the ,spending ,power in article ,i1 section #h of the ,constitution2 7#d7 ,congress has power under the ,necessary and ,proper ,clause of article ,i1 section #h to effectuate the exercise of its enumerated powers2 or 7#e7 the ,constitution grants ,congress any other lawmaking power4 7f7 ,judicial ,relief 7#a7 ,cause of action ,a person or organization may assert an actual violation of this section1 or a credible threat of such a violation1 as a claim or defense in a judicial1 administrative1 or arbitration proceeding and obtain appropriate relief against a government or accrediting agency1 including attorneys' fees4 ,a ,state shall not be immune under the ,eleventh ,amendment to the ,constitution of the ,united ,states from a claim under this section4 7#b7 ,removal ,any proceeding brought in a ,state court for which a claimant invokes this section as a claim1 counterclaim1 or defense may be removed by the claimant to the district court of the ,united ,states for the district and division embracing the place where such action is pending4 7g7 ,definitions ,in section #aajg3 7#a7 ,the term abridges means to diminish1 burden1 hinder1 or obstruct4 7#b7 ,the term accreditation means the status of public recognition that an accrediting agency grants to an educational institution or program that meets the agency's standards and requirements4 7#c7 ,the term accrediting agency means a legal entity1 or part of a legal entity1 that conducts accrediting activities through voluntary1 non-,federal peer review and makes decisions concerning the accreditation or preaccreditation status of institutions1 programs1 or both4 7#d7 ,the term adverse action includes action that suspends1 revokes1 or withholds licenses1 permits1 certifications1 professional credentials1 guarantees1 contracts1 or cooperative agreements2 denies or revokes scholarships1 grants1 loans1 a tax exemption or tax-exempt status2 denies access to government-sponsored facilities1 activities1 or programs2 or that imposes any other penalty or denies an otherwise available benefit4 ,except for a violation of subsection 7a77#a7 of this section1 adverse action does not include a ,state's refusal to subsidize contracts1 grants1 loans1 or cooperative agreements with exclusively ,state revenues because of noncompliance with ,state standards that1 in purpose and effect1 are neutral toward religion and generally applicable4 ,commingled ,state and ,federal revenues shall be deemed ,federal revenues4 ,adverse action does include suspending1 revoking1 or withholding scholarships1 grants1 and loans1 or access to government-sponsored facilities1 activities1 or programs to qualified students or graduates of religious educational institutions1 notwithstanding that the scholarships1 grants1 loans1 facilities1 activities1 or programs are funded with ,state revenues4 7#e7 ,the term government means-- 7,a7 a ,state1 county1 municipality1 or other government entity created under the authority of a ,state2 7,b7 any branch1 department1 agency1 instrumentality1 or official of an entity listed in subsection 7g77#e77;,a72 7,c7 any other person acting under color of ,state law2 and 7,d7 the ,united ,states1 a branch1 department1 agency1 instrumentality1 or official of the ,united ,states1 and any other person acting under color of ,federal law4 7#f7 ,the terms religion and religious include all aspects of religious belief1 observance1 and practice1 whether or not compelled by1 or central to1 a system of religion4 7#g7 ,the term religious corporation1 association1 educational institution1 or society include-- 7,a7 a church1 synagogue1 mosque1 temple1 or other house of worship2 7,b7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that is1 in whole or in substantial part1 owned1 supported1 controlled1 or managed by a particular religion or by a particular church1 denomination1 convention1 or association of churches or other houses of worship2 or 7,c7 a nonprofit corporation1 association1 educational institution1 society1 or other nonprofit entity that holds itself out to the public as substantially religious1 has as its stated purpose in its organic documents that it is religious1 and is substantially religious in its current operations4 7#h7 ,the term religious educational institution means any organization covered by section #gjc7;e77#b74 7#i7 ,the term religious mission includes religious affiliation1 religious tenets1 religious teachings1 and religious standards1 including policies or decisions related to such affiliation1 tenets1 teachings1 or standards with respect to housing1 employment1 curriculum1 self-governance1 or student admission1 continuing enrollment1 or graduation4 7h7 ,construction ,this section shall supersede ,state or local law as provided for expressly herein4 ,nothing contained in section #aajg shall be construed as indicating an intent on the part of ,congress to occupy the field in which this ,act operates to the exclusion of ,state or local laws on the same subject matter4 4 #h4 ,preservation of tax-exempt status ,section #eja7;c77#c7 of the ,internal ,revenue ,code 7#bf ,u4,s4,c4 #a et seq47 is amended-- 7#a7 by inserting 7,a7 before ,corporations1 and community chest '''2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,for purposes of ,federal law1 any determination whether an organization is organized or operated exclusively for religious1 charitable1 scientific1 literary1 or educational purposes or complies with legal standards of charity shall be made without regard to the organization's religious beliefs or practices concerning marriage1 family1 or sexuality1 except insofar as such practices pertain to race or criminal sexual offenses punishable under constitutionally valid ,federal or ,state law4 7ii7 ,as used in subsection 7,b77i71 the term religious includes all aspects of religious belief1 observance1 and practice1 whether or not compelled by1 or central to1 a system of religion4 4 #i4 ,severability ,if any provision of this ,act1 or the application of any provision to any individual or circumstance1 is held to be invalid1 the remainder of this ,act and the application of its other provisions to any other individuals or circumstances shall not be affected thereby4