I 

117TH CONGRESS 

1ST SESSION H. R. 1378 

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 25, 2021 

Mr. SCOTT of Virginia (for himself, Mr. COHEN, Mr. RASKIN, Ms. SCANLON, 

Ms. ROSS, Ms. WILSON of Florida, Mr. PAPPAS, Mr. DANNY K. DAVIS

of Illinois, Ms. MANNING, Mr. ESPAILLAT, Ms. TITUS, Mr. EVANS, Mr. 

CONNOLLY, Mr. COOPER, Ms. BONAMICI, Mr. CASTRO of Texas, Mr. 

GARCI ́A of Illinois, Ms. SA ́NCHEZ, Mr. LAWSON of Florida, Ms. SCHAKOWSKY, Mr. CASTEN, Ms. BROWNLEY, Mr. TAKANO, Mr. MOULTON, 

Mr. GARAMENDI, Ms. NORTON, Mrs. TRAHAN, Mr. DELGADO, Mrs. WATSON COLEMAN, Mrs. BEATTY, Ms. MCCOLLUM, Ms. DEGETTE, Ms. LEE

of California, Mr. NEGUSE, Mr. CARSON, Mr. WELCH, Mrs. HAYES, Ms. 

SPEIER, Mr. CROW, Mr. SMITH of Washington, Mr. GALLEGO, Ms. ROYBAL-ALLARD, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. 

KRISHNAMOORTHI, Ms. KELLY of Illinois, Mr. TONKO, Mr. FOSTER, Mr. 

DEFAZIO, Ms. PINGREE, Mr. BLUMENAUER, Miss RICE of New York, 

Mr. CARBAJAL, Ms. CASTOR of Florida, Mr. PANETTA, Mr. CRIST, Mr. 

MEEKS, Ms. OMAR, Mr. SARBANES, Mr. PETERS, Ms. KUSTER, Mr. 

TRONE, Mr. PALLONE, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 

DELBENE, Mr. SCHIFF, Ms. MATSUI, Mr. SIRES, Mrs. LAWRENCE, Ms. 

GARCIA of Texas, Ms. WEXTON, Mrs. DINGELL, Mr. JONES, Mr. YARMUTH, Mr. HASTINGS, Ms. DEAN, Ms. JACOBS of California, Ms. LOIS

FRANKEL of Florida, Ms. BASS, Mrs. CAROLYN B. MALONEY of New 

York, Ms. HOULAHAN, Mrs. NAPOLITANO, Mr. MORELLE, Mr. PASCRELL, Ms. BLUNT ROCHESTER, Ms. STEVENS, Ms. BOURDEAUX, Mr. 

LOWENTHAL, Mr. KILDEE, Mrs. KIRKPATRICK, Mr. VELA, Mr. RUSH, 

Mr. THOMPSON of California, Mr. HIMES, Mr. STANTON, Mr. HUFFMAN, 

Mr. NADLER, Mr. O’HALLERAN, Mr. LANGEVIN, Mr. BERA, Ms. ADAMS, 

Mr. SCHRADER, and Ms. SHERRILL) introduced the following bill; which 

was referred to the Committee on the Judiciary 


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•HR 1378 IH

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— 

7 (1) the Religious Freedom Restoration Act of 

8 1993 should not be interpreted to authorize an ex9 emption from generally applicable law if the exemp10 tion would impose the religious views, habits, or 

11 practices of one party upon another; 

12 (2) the Religious Freedom Restoration Act of 

13 1993 should not be interpreted to authorize an ex14 emption from generally applicable law if the exemp15 tion would impose meaningful harm, including dig16 nitary harm, on a third party; and 

17 (3) the Religious Freedom Restoration Act of 

18 1993 should not be interpreted to authorize an ex19 emption from generally applicable law if the exemp20 tion would permit discrimination against other per21 sons, including persons who do not belong to the reVerDate Sep 11 2014 20:53 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1378.IH H1378

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1 ligion or adhere to the beliefs of those to whom the 

2 exemption is given. 

3 SEC. 3. EXCEPTION FROM APPLICATION OF ACT WHERE 

4 FEDERAL LAW PREVENTS HARM TO OTHERS. 

5 Section 3 of the Religious Freedom Restoration Act 

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

7 the end the following: 

8 ‘‘(d) ADDITIONAL EXCEPTION FROM APPLICATION

9 OF ACT WHERE FEDERAL LAW PREVENTS HARM TO

10 OTHERS.—This section does not apply— 

11 ‘‘(1) to any provision of law or its implementa12 tion that provides for or requires— 

13 ‘‘(A) protections against discrimination or 

14 the promotion of equal opportunity including 

15 the Civil Rights Act of 1964, the Americans 

16 with Disabilities Act, the Family Medical Leave 

17 Act, Executive Order 11246, the Violence 

18 Against Women Act, and Equal Access to 

19 Housing in HUD Programs Regardless of Sex20 ual Orientation or Gender Identity (77 FR 

21 5662); 

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

23 compensation, or benefits including leave, or 

24 standards protecting collective activity in the 

25 workplace; 


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•HR 1378 IH

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

2 or exploitation; or 

3 ‘‘(D) access to, information about, refer4 rals for, provision of, or coverage for, any 

5 health care item or service; 

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

7 grant, cooperative agreement, or other award, that 

8 requires goods, services, functions, or activities to be 

9 performed for or provided to beneficiaries of or par10 ticipants in a program or activity funded by such a 

11 government contract, grant, cooperative agreement, 

12 or other award; or 

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

14 in denying a person the full and equal enjoyment of 

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

16 or accommodation provided by the government.’’. 

17 SEC. 4. CLARIFICATION OF PRECLUSION OF LITIGATION 

18 BETWEEN PRIVATE PARTIES. 

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

20 by subsection (b) is to clarify the applicability of the Reli21 gious Freedom Restoration Act of 1993, as enacted. 

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

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

24 1(c)) is amended, in the first sentence, by striking ‘‘judi25 cial proceeding’’ and all that follows and inserting ‘‘judiVerDate Sep 11 2014 20:53 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1378.IH H1378

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1 cial proceeding to which the government is a party and 

2 obtain appropriate relief against that government.’’. 

Æ 


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