,,ii #aahth ,,congress #ast ,session ,s4 #dib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbc,mr4 ,rubio 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit the imposition of certain substantial burdens1 relating to ,,covid-#ai vaccine mandates1 on religious exercise1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,conscience ,objections to ,negligent ,state ,,covid-#ai ,inoculation ,edicts ,need ,constitutional ,enforcement ,act of #bjbc or the ,,conscience ,act of #bjbc4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,in response to the ,,covid-#ai pandemic1 ,state and local governments and private sector entities have implemented unprecedented public health requirements1 including requirements that their employees1 customers1 and other persons receive a ,,covid-#ai vaccine 7referred to in this section as ,,covid-#ai vaccine mandates71 resulting in millions of ,americans being subject to such requirements4 7#b7 ,many ,,covid-#ai vaccine mandates1 due to their unprecedented magnitude and scope of application1 and the unprecedented haste of and inattention to the religious exercise of persons subject to the mandates by the organizations implementing them1 do not adequately protect the religious freedom of the persons subject to them4 7#c7 ,as a result1 millions of ,americans have objected to ,,covid-#ai vaccine mandates--more than for any other medical requirement for employment or for use of a public accommodation in recent history--often at great personal cost1 on the basis that receiving a ,,covid-#ai vaccine would violate their sincerely held religious beliefs4 7#d7 ,,covid-#ai vaccine mandates commonly threaten the rights of employees and other persons to religious exercise by requiring persons subject to the mandates to-- 7,a7 receive a ,,covid-#ai vaccine 7with respect to private entities1 often under the color of law71 in violation of their sincerely held religious beliefs2 or 7,b7 otherwise face substantial burdens such as the loss of employment1 pay1 or status within employment1 the subjection to punitive personal public health measures1 or any other loss caused by a failure to accommodate religious exercise4 7#e7 ,with respect to ,,covid-#ai vaccine mandates implemented by the ,states and the ,district of ,columbia1 the rights of persons under the ,first ,amendment to the ,constitution of the ,united ,states who are subject to such requirements have been violated in the following ways3 7,a7 ,,covid-#ai vaccine mandates for ,state employees in the ,states of ,new ,york1 ,maine1 and ,rhode ,island have allowed for medical exemptions from the ,,covid-#ai vaccine1 but have not allowed for religious exemptions4 7,b7 ,the ,governor of ,new ,york has stated that-- 7i7 ,new ,york intentionally excluded religious exemptions from the ,,covid-#ai vaccination mandate2 and 7ii7 the ,governor was unaware of any organized religion that seeks religious exemptions for the ,,covid-#ai vaccine and those individuals who seek such an exemption are not listening to ,god and what ,god wants24 7,c7 ,new ,york has allowed ,,covid-#ai vaccinated workers with symptomatic1 active ,,covid-#ai infections to continue working in hospitals1 but has not allowed religious objectors who do not have ,,covid-#ai to work in hospitals4 7,d7 ,maine removed the allowance for religious exemptions for health care workers1 effective ,september #a1 #bjba1 in a law requiring all health care workers to receive the ,,covid-#ai vaccine and influenza vaccine4 7,e7 ,rhode ,island omitted religious exemptions to ,,covid-#ai vaccines4 7,f7 ,in ,rhode ,island1 health care workers have been required to receive the ,,covid-#ai vaccine1 and health care facilities are required to deny entry to health care workers or providers who are not fully vaccinated4 7#f7 ,with respect to ,,covid-#ai vaccine mandates implemented by private sector entities1 ,united ,airlines instituted an absolute policy requiring all employees to receive the ,,covid-#ai vaccine1 and those who submitted requests for religious exemptions were either automatically denied or placed on unpaid leave with no benefits4 7#g7 ,,covid-#ai vaccine mandates that do not accommodate religious exercise have resulted in labor shortages that affect interstate and foreign commerce4 7#h7 ,according to a report by the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 the ,federal ,,covid-#ai vaccine requirement put an estimated #dd1ijj1jjj ,americans at risk of losing their jobs owing to their refusal to receive a ,,covid-#ai vaccine4 ,a substantial number of those refusals may be attributed to religious objections1 as according to a survey by the ,public ,religion ,research ,institute1 #aj percent of ,americans believe that receiving a ,,covid-#ai vaccine would conflict with their religious beliefs4 7#i7 ,in ,doe v4 ,mills1 #adb ,s4 ,ct4 #ag 7#bjba7 and ,dr4 ,a4 v4 ,hochul1 #adb ,s4 ,ct4 #eeb 7#bjba71 the ,supreme ,court denied the requests of employees requesting religious exemptions to ,,covid-#ai vaccine mandates1 causing those employees to face irreparable harm4 7#aj7 ,the ,free ,exercise ,clause of the ,first ,amendment to the ,constitution protects rights of individuals to live out their religious beliefs publicly through religious exercise4 7#aa7 ,congress has the power to enforce the right to free exercise of religion1 through remedial measures under section #e of the #adth ,amendment to the ,constitution4 7#ab7 ,laws that protect the free exercise of religious beliefs are consistent with the founding principles of the ,united ,states and protections under the ,first ,amendment to the ,constitution4 7#ac7 ,congress has the power to regulate interstate and foreign commerce under the ,commerce ,clause of section #h of article ,i of the ,constitution4 7b7 ,purpose ,the purpose of this ,act is to preempt laws and disallow practices that discriminate against persons due to their religious exercise4 #c4 ,definitions ,in this ,act3 7#a7 ,covered person ,the term covered person means a person raising a claim or defense under this ,act4 7#b7 ,,covid-#ai vaccine mandate ,the term ,,covid-#ai vaccine mandate means a mandate that an individual receive a ,,covid-#ai vaccine4 7#c7 ,demonstrates ,the term demonstrates means meets the burdens of going forward with the evidence and of persuasion4 7#d7 ,free exercise clause ,the term ,free ,exercise ,clause means that portion of the ,first ,amendment to the ,constitution of the ,united ,states that proscribes laws prohibiting the free exercise of religion4 7#e7 ,government ,the term government-- 7,a7 means-- 7i7 a ,state1 county1 municipality1 or other governmental entity created under the authority of a ,state2 7ii7 any branch1 department1 agency1 instrumentality1 or official of an entity listed in clause 7i72 and 7iii7 any other person acting under color of ,state law2 and 7,b7 for the purpose of sections #e7;b7 and #f1 includes-- 7i7 the ,united ,states2 7ii7 any branch1 department1 agency1 instrumentality1 or official of the ,united ,states2 and 7iii7 any other person acting under color of ,federal law4 7#f7 ,program or activity ,the term program or activity means all of the operations of any entity as described in paragraph 7#a7 or 7#b7 of section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a71 any part of which is extended ,federal financial assistance4 7#g7 ,religious exercise 7,a7 ,in general ,the term religious exercise includes any exercise of religion1 whether or not compelled by1 or central to1 a system of religious belief4 7,b7 ,rule 7i7 ,person ,in the case of a person1 refusing to receive a ,,covid-#ai vaccine on the basis of a sincerely held religious belief shall be considered to be religious exercise of the person4 7ii7 ,entity ,in the case of an entity1 refusing on the basis of a sincerely held religious belief to require that any employee1 customer1 or other person affiliated with the entity receive a ,,covid-#ai vaccine mandate shall be considered to be religious exercise of the entity4 #d4 ,protection of religious liberty and exercise by exemptions for the ,,covid-#ai vaccine 7a7 ,substantial ,burdens 7#a7 ,general rule ,no government shall impose or implement a ,,covid-#ai vaccine mandate in a manner that imposes a substantial burden on the religious exercise of a person1 including a religious assembly or institution1 unless the government demonstrates that imposition of the burden on that person's1 assembly's1 or institution's religious exercise-- 7,a7 is in furtherance of a compelling governmental interest2 and 7,b7 is the least restrictive means of furthering that compelling governmental interest4 7#b7 ,scope of application ,this subsection and subsection 7b7 apply in any case in which-- 7,a7 the substantial burden is imposed by ,state law1 even if the burden results from a rule of general applicability2 7,b7 the substantial burden is imposed in a program or activity that receives ,federal financial assistance1 even if the burden results from a rule of general applicability2 7,c7 the substantial burden is imposed by an entity that operates a workplace and that is party to or conducts work in connection with a contract or contract-like instrument with any government1 even if the burden results from a rule of general applicability2 7,d7 the substantial burden affects1 or removal of that substantial burden would affect1 commerce with foreign nations1 among the several ,states1 or with ,indian ,tribes1 even if the burden results from a rule of general applicability2 or 7,e7 the substantial burden is imposed in the implementation of a ,,covid-#ai vaccine mandate1 under which the government makes1 or has in place formal or informal procedures or practices that permit the government to make1 individualized assessments of ,,covid-#ai vaccine exemptions1 even if the burden results from a rule of general applicability4 7b7 ,discrimination and exclusion 7#a7 ,equal terms ,no government shall impose or implement a ,,covid-#ai vaccine mandate in a manner that treats a religious exercise 7including a condition7 on less than equal terms with a nonreligious exercise 7including a condition74 7#b7 ,nondiscrimination ,no government shall impose or implement a ,,covid-#ai vaccine mandate that imposes a substantial burden on any person for an exercise on the basis of religion1 including a religious denomination4 7#c7 ,exclusions and limits ,no government shall impose or implement a ,,covid-#ai vaccine mandate that-- 7,a7 totally excludes religious exemptions2 or 7,b7 unreasonably limits religious exemptions4 #e4 ,judicial relief 7a7 ,cause of action ,a covered person may assert an actual or threatened violation of this ,act by a government as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages1 injunctive relief1 declaratory relief1 or any other appropriate relief against the government involved4 ,standing to assert a claim or defense under this section shall be governed by the general rules of standing under article ,,iii of the ,constitution4 7b7 ,burden of persuasion ,if a covered person produces prima facie evidence to support a claim alleging a violation of the ,free ,exercise ,clause or a violation of section #d1 the government shall bear the burden of persuasion on any element of the claim1 except that the covered person shall bear the burden of persuasion on whether the law 7including a regulation7 or government practice that is challenged by the claim substantially burdens the covered person's exercise of religion4 7c7 ,administrative remedies not required ,notwithstanding any other provision of law1 an action under this section may be commenced1 and relief may be granted1 in a district court of the ,united ,states without regard to whether the covered person commencing the action has sought or exhausted available administrative remedies4 7d7 ,full faith and credit ,adjudication of a claim of a violation of section #d in a non-,federal forum shall not be entitled to full faith and credit in a ,federal court unless the claimant had a full and fair adjudication of that claim in the non-,federal forum4 7e7 ,attorneys' fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,,conscience ,act of #bjbc1 after the ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj14 7f7 ,authority of ,united ,states ,to enforce this ,act ,the ,united ,states may bring an action for injunctive or declaratory relief to enforce compliance with this ,act4 ,nothing in this subsection shall be construed to deny1 impair1 or otherwise affect any right or authority of the ,attorney ,general1 the ,united ,states1 or any agency1 officer1 or employee of the ,united ,states1 acting under any law other than this subsection1 to institute or intervene in any proceeding4 #f4 ,rules of construction 7a7 ,religious belief unaffected ,nothing in this ,act shall be construed to authorize any government to burden any religious belief4 7b7 ,religious exercise not regulated ,nothing in this ,act shall create any basis-- 7#a7 for restricting or burdening religious exercise2 or 7#b7 for claims against a religious organization1 including any religiously affiliated school or institution of higher education1 not acting under color of law4 7c7 ,claims to funding unaffected ,nothing in this ,act shall create or preclude a right of any religious organization to receive funding or other assistance from a government1 or of any person to receive government funding for a religious activity1 but this ,act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise4 7d7 ,governmental discretion in alleviating burdens on religious exercise ,a government may avoid the preemptive force of any provision of this ,act by changing the policy or practice that results in a substantial burden on religious exercise1 by retaining the policy or practice and exempting the substantially burdened religious exercise1 by providing exemptions from the policy or practice for applications that substantially burden religious exercise1 or by any other means that eliminates the substantial burden4 7e7 ,effect on other law ,with respect to a claim brought under this ,act1 proof that a substantial burden on a person's religious exercise affects1 or removal of that burden would affect1 commerce with foreign nations1 among the several ,states1 or with ,indian ,tribes1 shall not establish any inference or presumption that any religious exercise is1 or is not1 subject to any law other than this ,act4 7f7 ,broad construction ,this ,act shall be construed in favor of a broad protection of religious exercise1 to the maximum extent permitted by the terms of this ,act and the ,constitution4 7g7 ,no preemption or repeal ,nothing in this ,act shall be construed to preempt ,state law1 or repeal ,federal law1 that is equally as protective of religious exercise as1 or more protective of religious exercise than1 this ,act4 7h7 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision to any other person or circumstance shall not be affected4 #g4 ,establishment clause unaffected ,nothing in this ,act shall be construed to affect1 interpret1 or in any way address that portion of the ,first ,amendment to the ,constitution prohibiting laws respecting an establishment of religion 7referred to in this section as the ,establishment ,clause74 ,granting government funding1 benefits1 or exemptions1 to the extent permissible under the ,establishment ,clause1 shall not constitute a violation of this ,act4 ,in this section1 the term granting1 used with respect to government funding1 benefits1 or exemptions1 does not include the denial of government funding1 benefits1 or exemptions4 #h4 ,applicability ,this ,act applies to any ,,covid-#ai vaccine mandate1 whether adopted before1 on1 or after the date of enactment of this ,act4