41201153255 of the ?atten ?tates ?aws: of Representatihes washington, @1113 20515 September 14, 2016 The Honorable Mac Thornberry The Honorable Adam Smith Chairman Ranking Member Committee on Armed Services Committee on Armed Services 2216 Rayburn House Of?ce Building 2216 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Re: Opposition to (Sec. 1094 of the House NDAA) Which Authorizes Government-Funded Employment Discrimination Dear Chairman Thornberry and Ranking Member Smith: We write to express our concern regarding the harmful language in Section 1094 of the House version of the National Defense Authorization Act for Fiscal Year 2017 (HR. 4909), which would permit religiously-af?liated federal contractors and grantees to discriminate in hiring with taxpayer-provided funds by broadening the religious exemptions in the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). We urge the conferees to remove this provision in the joint House-Senate conference. The scope of Section 1094 is far reaching as it would authorize taxpayer?funded employment discrimination in every grant, cooperative agreement, contract, subcontract, and purchase order awarded by every Federal agency doing business with a religiously af?liated organization. This troubling provision prompted 91 religious, education, civil rights, labor, and women?s organizations to express their opposition to the sweeping language of Section 1094 in a letter dated August 25, 2016. The groups noted that ?effective government collaboration with faith? based groups does not require the sanctioning of federally funded religious discrimination.?1 The consequences of this amendment are shocking. Section 1094 would effectively nullify the protections from workplace discrimination for LGBT workers that were provided in Executive Order 13672 (Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors) that was signed on July 21, 2014. Further, the provision would incorporate an exemption from Section 103(d) of the Americans with Disabilities Act that could permit discrimination not only against employees and applicants who are not members of the same religion, but also against those who fail to adhere to the organization?s religious tenets. 1 Letter from the Coalition Against Religious Discrimination (August 25, 2016) to the Conferees of the National Defense Authorization Act for FY 2017 (NDAA). The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 2 Accordingly, under this provision, religious organizations in receipt of federal dollars could use their religious viewpoint to: discharge a female worker who uses birth control or who is pregnant and unmarried; ?re employees who engage in premarital sex; deny employment or health bene?ts to married same?sex couples that they already provide to married opposite-sex couples; or refuse to consider for employment anyone, however quali?ed, whose religion is? inconsistent with the employer?s religious tenets. There is no dispute that churches and religious institutions have the right to hire co?religionists with their own private funds when carrying out the religious mission of their faith. However, when administering a federal social service grant or using federal dollars collected from the taxpayers of differing beliefs, Congress has historically rejected religious discrimination in the use of such funds. This applies to houses of worship and small religious charities, as well as large educational or medical institutions in receipt of Federal funds. Section 1094 would upend a well-established understanding of the Civil Rights Act by ironically allowing religious?based discrimination in the name of religion. Religious freedom is one of our most cherished values enshrined in the First Amendment of the US. Constitution. However, Section 1094 perilously undermines both the words and the spirit of the groundbreaking Civil Rights Act by expressly permitting religiously af?liated organizations doing business with federal funding to engage in discrimination. Taxpayers will be ill?served if those who do business with the federal government are empowered to use the taxpayers? hard?earned money to discriminate against them. The federal contractor community has operated and ?ourished for at least 75 years under various executive orders prohibiting employment discrimination. Section 1094 signi?cantly and needlessly curtails both President Roosevelt?s (EO 8802) and President Johnson?s (EO 11246) executive orders banning discrimination by federal contractors. In sum, the government should never be in the business of funding discrimination by private entities, regardless of their religious beliefs. Unfortunately, Section 1094 would do just that. Accordingly, we urge you to remove Section 1094 from the NDAA conference report and thank you for your consideration. We look forward to working with you on this matter. Sincerely, RogRr C. SCOTT E. CUMI Ranking Member Committee on Education and Workforce ittee on Oversight and Government Reform The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 3 CONYERS, ber of Congress GWEN MOORE Member of Congress ?ea 9mg THEODORE E. DEUTCH Member of Congress 2M4 RROLD NADLER Member of Congress LUIS V. GUTIERREU Member of Congress 8601M ELEANOR HOLMES NORTON Member of Congress DIANA DEGETTE Member of Congress BARBARA LEE Member of Congress DAVID N. CICILLINE Member of Congress CAROLYN . MALONEY Member of Congress A shirLA LEE Member of Congre The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 4 0 as: ISTEVE ISRAEL BRIAN HIGGINS Member of Congress Member of Congress PETER WELCH Member of Congress EM L. 5% ELIOT L. ENGEL RUBEN HINOJOSA Member of Congress Member of Congress BOBBY Lf RUSH Member of Congress Member of Congress CHELLIE PINGREE ANDRE CARSON Member of Congress Member of Congress BETTY MC OLLUM E. SERRANO Member of Congress ember of Congress The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 5 ENRY C. JOHNSON, JR. YD DOGGETT Member of Congress mg? i) KILMER Member of Congress MARK TAKANO Member of Congress ?e?w LOIS Member of Congress WW BROWNLEY Member of Congress Member of Congress Member of Congress CHRIS VAN HOLLEN Member of Congress BEN GALLEGO Member of Congress WW MICHAEL M. HONDA Member of Congress The Honorable Mae Thornberry The Honorable Adam Smith September 14, 2016 Page 6 CHERI BUSTOS Member of Congress Member of Congress ES A. HIMES RON KIND ber of Congress Member of Congress GRAC ENG l/ DEBBIE WASSERMAN SCHULTZ Membe Congress Member of Congress AMI BERA Member of Congress F. ember of Congress galka PETE AGUILAR Member of Congress The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 7 JOHN K. DELANEY JIM STA Member of Congress Member of Congress MATT CARTWRIGHT BILL FOSTER Member of Congress Member of Congress NIKI TSONGAS ED Member of Congress Member of Congress DONALD NORCROSS Member of Congress SETH MOULTON Member of Congress er of Congress The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 8 MICHELLE LUJAN GRISHAM Member of Congress BONNIE WATSON COLEMAN Member of Congress MW 3. WILSON Member of Congress WW SUZANNE BONAMICI Member of Congress . Member of Congress 4% 2. am WILLIAM R. KEATING Member of Congress 7:4 51:: TED W. LIEU Member of Congress MW DINA TITUS Member of Congress WW DANIEL T. KILDEE Member of Congress @dm ROBERT A. BRADY I Member of Congr MEs MCGOVERN ember of Congress JOHN A. (ARMUTH Member of Congress The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 9 WM 2??qu ALAN S. LOWENTHAL Member of Congress me/ FRANK PALLONE, Member of Congress myqu DENNY BECK Member of Congress MARK Member of Congress ERIC SAWELL Member of Congress Member of Congress *6 wk?) JOSEPH P. 111 Member of Congress ATRICK E. MURPHY Member of Congress DONALD s. BEYER, JR. Member of Congress A MIKE THOMPSON Member of Congress Ma?a,? STEVE COHEN Member of Congress The Honorable Mac Thornberry The Honorable Adam Smith September 14, 2016 Page 10 avg? Q0 Ur BETO AN G. ESHOO Member of Congress ember of Congress EARL BLUMENAUER Member of Congress Ce: Members of the Committees on Armed Services