S. 839

119 S839 IS: Safeguarding Honest Speech Act
 U.S. Senate
 2025-03-04
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 EN
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 II  119th CONGRESS  1st Session  S. 839  IN THE SENATE OF THE UNITED STATES   March 4, 2025   Mr. Cruz  (for himself and  Mr. Budd ) introduced the following bill; which was read twice and referred to the  Committee on Homeland Security and Governmental Affairs    A BILL
To prohibit the use of funds to implement, administer, or enforce measures requiring certain employees to refer to an individual by the preferred pronouns of such individual or a name other than the legal name of such individual, and for other purposes.
1.
Short title
This Act may be cited as the   Safeguarding Honest Speech Act  .
2.
No Federal funds for compelled language
(a)
In general
Notwithstanding any other provision of law, no Federal funds may be used for the purpose of implementing, administering, or enforcing any rule, policy, guidance, recommendation, or memorandum requiring an employee or contractor of any Federal agency or Department to use—
(1)
another person’s preferred pronouns if they are incompatible with such person’s sex; or
(2)
a name other than a person’s legal name when referring to such person.
(b)
Enforcement
(1)
In general
All Federal agencies and Departments shall ensure that, not later than 30 days following a written notice from any employee or contractor described in subsection (a) regarding an alleged violation of subsection (a), a formal response to the notice is issued to the employee or contractor.
(2)
Private right of action
In the case that the formal response issued under paragraph (1) does not represent a satisfactory outcome for the employee or contractor, any employee or contractor described in subsection (a) and aggrieved by a violation of subsection (a) may commence a civil action against the Federal agency or Department responsible for the alleged violation.
(3)
Relief
In any action under this subsection, the court may award appropriate relief, including—
(A)
temporary, preliminary, or permanent injunctive relief;
(B)
compensatory damages;
(C)
punitive or exemplary damages, which may not exceed $100,000; and
(D)
reasonable fees for attorneys.
(4)
Statute of limitations
An action under this subsection shall be brought not later than 1 year after the date on which the alleged violation of subsection (a) occurred.
(c)
Definitions
In this section:
(1)
Person
The term  person  means an individual.
(2)
Sex
The term  sex  means sex recognized based solely on a person’s reproductive biology and genetics at birth.