I 

116TH CONGRESS 

1ST SESSION H. R. 1450 

To amend the Religious Freedom Restoration Act of 1993 to protect civil 

rights and otherwise prevent meaningful harm to third parties, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2019 

Mr. KENNEDY (for himself, Mr. SCOTT of Virginia, Mrs. DEMINGS, Ms. 

DEGETTE, Ms. SPEIER, Ms. NORTON, Mr. HASTINGS, Miss RICE of New 

York, Mrs. DINGELL, Mr. COHEN, Mr. ESPAILLAT, Ms. DELAURO, Mr. 

SMITH of Washington, Mr. LYNCH, Mr. KHANNA, Ms. MENG, Mr. 

SWALWELL of California, Mr. KILMER, Mr. QUIGLEY, Ms. MCCOLLUM, 

Ms. JACKSON LEE, Mr. KRISHNAMOORTHI, Mrs. BEATTY, Mrs. WATSON

COLEMAN, Ms. WILD, Mr. PANETTA, Ms. BROWNLEY of California, Mr. 

MOULTON, Mr. MCEACHIN, Mr. POCAN, Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mr. SERRANO, Mrs. LAWRENCE, Mr. RASKIN, Mr. WELCH, Ms. 

BONAMICI, Mr. NADLER, Mr. SEAN PATRICK MALONEY of New York, 

Ms. PORTER, Mr. PALLONE, Ms. CLARK of Massachusetts, Mr. 

HUFFMAN, Mr. DEFAZIO, Mr. BLUMENAUER, Mr. LAMB, Ms. SCANLON, 

Mr. KIND, Ms. VELA ́ZQUEZ, Mr. RUSH, Mr. SCHIFF, Mr. MCGOVERN, 

and Ms. HAALAND) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Religious Freedom Restoration Act of 1993 

to protect civil rights and otherwise prevent meaningful 

harm to third parties, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Do No Harm Act’’. 

3 SEC. 2. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the Religious Freedom Restoration Act of 

6 1993 should not be interpreted to authorize an ex7 emption from generally applicable law that imposes 

8 the religious views, habits, or practices of one party 

9 upon another; 

10 (2) the Religious Freedom Restoration Act of 

11 1993 should not be interpreted to authorize an ex12 emption from generally applicable law that imposes 

13 meaningful harm, including dignitary harm, on a 

14 third party; and 

15 (3) the Religious Freedom Restoration Act of 

16 1993 should not be interpreted to authorize an ex17 emption that permits discrimination against other 

18 persons, including persons who do not belong to the 

19 religion or adhere to the beliefs of those to whom the 

20 exemption is given. 

21 SEC. 3. EXCEPTION FROM APPLICATION OF ACT WHERE 

22 FEDERAL LAW PREVENTS HARM TO OTHERS. 

23 Section 3 of the Religious Freedom Restoration Act 

24 of 1993 (42 U.S.C. 2000bb–1) is amended by adding at 

25 the end the following: 


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1 ‘‘(d) ADDITIONAL EXCEPTION FROM APPLICATION

2 OF ACT WHERE FEDERAL LAW PREVENTS HARM TO

3 OTHERS.—This section does not apply— 

4 ‘‘(1) to any provision of law or its implementa5 tion that provides for or requires— 

6 ‘‘(A) protections against discrimination or 

7 the promotion of equal opportunity including 

8 the Civil Rights Act of 1964, the Americans 

9 with Disabilities Act, the Family Medical Leave 

10 Act, Executive Order 11246, the Violence 

11 Against Women Act, and Equal Access to 

12 Housing in HUD Programs Regardless of Sex13 ual Orientation or Gender Identity (77 FR 

14 5662); 

15 ‘‘(B) employers to provide wages, other 

16 compensation, or benefits including leave, or 

17 standards protecting collective activity in the 

18 workplace; 

19 ‘‘(C) protections against child labor, abuse, 

20 or exploitation; or 

21 ‘‘(D) access to, information about, refer22 rals for, provision of, or coverage for, any 

23 health care item or service; 

24 ‘‘(2) to any term requiring goods, services, 

25 functions, or activities to be performed or provided 


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1 to beneficiaries of a government contract, grant, co2 operative agreement, or other award; or 

3 ‘‘(3) to the extent that application would result 

4 in denying a person the full and equal enjoyment of 

5 a good, service, benefit, facility, privilege, advantage, 

6 or accommodation, provided by the government.’’. 

7 SEC. 4. CLARIFICATION OF PRECLUSION OF LITIGATION 

8 BETWEEN PRIVATE PARTIES. 

9 (a) PURPOSE.—The purpose of the amendment made 

10 by subsection (b) is to clarify the applicability of the Reli11 gious Freedom Restoration Act of 1993, as enacted. 

12 (b) PRECLUSION.—Section 3(c) of the Religious 

13 Freedom Restoration Act of 1993 (42 U.S.C. 2000bb– 

14 1(c)) is amended, in the first sentence, by striking ‘‘judi15 cial proceeding’’ and all that follows and inserting ‘‘judi16 cial proceeding to which the government is a party and 

17 obtain appropriate relief against that government.’’. 

18 SEC. 5. DEFINITIONS. 

19 Section 5 of the Religious Freedom Restoration Act 

20 of 1993 (42 U.S.C. 2000bb–2) is amended— 

21 (1) in paragraph (3), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (4), by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(5) the term ‘including’ means including, but 

2 not limited to, consistent with the term’s standard 

3 meaning in Federal law.’’. 

Æ 


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