II 

117TH CONGRESS 

1ST SESSION S. 2752 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2021 

Mr. BOOKER (for himself, Mr. WHITEHOUSE, Ms. CORTEZ MASTO, Mr. 

MERKLEY, Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. BLUMENTHAL, Mrs. 

GILLIBRAND, Mr. PADILLA, Mr. MURPHY, Ms. DUCKWORTH, Mrs. SHAHEEN, Ms. SMITH, Ms. HIRONO, Mr. DURBIN, Mr. VAN HOLLEN, Mr. 

COONS, Ms. STABENOW, Mr. CARPER, Mr. SANDERS, Ms. CANTWELL, 

Mr. BROWN, Mr. MENENDEZ, Ms. BALDWIN, Mr. REED, Mr. MARKEY, 

Ms. WARREN, Mr. LUJA ́N, Mrs. MURRAY, and Ms. ROSEN) introduced 

the following bill; which was read twice and 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, 

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 


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1 (1) the Religious Freedom Restoration Act of 

2 1993 should not be interpreted to authorize an ex3 emption from generally applicable law if the exemp4 tion would impose the religious views, habits, or 

5 practices of one party upon another; 

6 (2) the Religious Freedom Restoration Act of 

7 1993 should not be interpreted to authorize an ex8 emption from generally applicable law if the exemp9 tion would impose meaningful harm, including dig10 nitary harm, on a third party; and 

11 (3) the Religious Freedom Restoration Act of 

12 1993 should not be interpreted to authorize an ex13 emption for one party from generally applicable law 

14 if the exemption would permit discrimination against 

15 others, including persons who do not belong to the 

16 religion or adhere to the beliefs of that party. 

17 SEC. 3. EXCEPTION FROM APPLICATION OF ACT WHERE 

18 FEDERAL LAW PREVENTS HARM TO OTHERS. 

19 Section 3 of the Religious Freedom Restoration Act 

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

21 the end the following: 

22 ‘‘(d) ADDITIONAL EXCEPTION FROM APPLICATION

23 OF ACT WHERE FEDERAL LAW PREVENTS HARM TO

24 OTHERS.—Subsection (a) shall not apply— 


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1 ‘‘(1) to any provision of law or its implementa2 tion that provides for or requires— 

3 ‘‘(A) a protection against discrimination or 

4 the promotion of equal opportunity, including 

5 the Civil Rights Act of 1964 (42 U.S.C. 2000a 

6 et seq.), the Americans with Disabilities Act of 

7 1990 (42 U.S.C. 12101 et seq.), the Family 

8 and Medical Leave Act of 1993 (29 U.S.C. 

9 2601 et seq.), Executive Order 11246 (42 

10 U.S.C. 2000e note; relating to equal oppor11 tunity in Federal employment), the Violence 

12 Against Women Act of 1994 (42 U.S.C. 13925 

13 et seq.), the final rule, including any amend14 ment made by such rule, of the Department of 

15 Housing and Urban Development entitled 

16 ‘Equal Access to Housing in HUD Programs 

17 Regardless of Sexual Orientation or Gender 

18 Identity’ (77 Fed. Reg. 5662 (February 3, 

19 2012)) (or any corresponding similar regulation 

20 or ruling), or section 5.106 of title 24, Code of 

21 Federal Regulations (or any corresponding 

22 similar regulation or ruling); 

23 ‘‘(B) an employer to provide a wage, other 

24 compensation, or a benefit including leave, or a 


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1 standard protecting collective activity in the 

2 workplace; 

3 ‘‘(C) protection against child labor, child 

4 abuse, or child exploitation; or 

5 ‘‘(D) access to, information about, a refer6 ral for, provision of, or coverage for, any health 

7 care item or service; 

8 ‘‘(2) to any term of a government contract, 

9 grant, cooperative agreement, or other instrument 

10 for an award, that requires a good, service, function, 

11 or activity to be performed for or provided to a bene12 ficiary of or participant in a program or activity 

13 funded by such a government contract, grant, coop14 erative agreement, or other instrument for an award; 

15 or 

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

17 in denying a person the full and equal enjoyment of 

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

19 or accommodation provided by the government.’’. 

20 SEC. 4. CLARIFICATION OF PRECLUSION OF LITIGATION 

21 BETWEEN PRIVATE PARTIES. 

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

23 by subsection (b) is to clarify the applicability of the Reli24 gious Freedom Restoration Act of 1993, as enacted. 


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

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

3 1(c)) is amended, in the first sentence, by striking ‘‘judi4 cial proceeding’’ and all that follows and inserting ‘‘judi5 cial proceeding to which the government is a party and 

6 obtain appropriate relief against that government.’’. 

Æ 


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