I 

114TH CONGRESS 

2D SESSION H. R. 5272 

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 

MAY 18, 2016 

Mr. KENNEDY (for himself and Mr. SCOTT of Virginia) 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, 

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 that imposes 


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

2 upon another; 

3 (2) the Religious Freedom Restoration Act of 

4 1993 should not be interpreted to authorize an ex5 emption from generally applicable law that imposes 

6 meaningful harm, including dignitary harm, on a 

7 third party; and 

8 (3) the Religious Freedom Restoration Act of 

9 1993 should not be interpreted to authorize an ex10 emption that permits discrimination against other 

11 persons, including persons who do not belong to the 

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

13 exemption is given. 

14 SEC. 3. EXCEPTION FROM APPLICATION OF ACT WHERE 

15 FEDERAL LAW PREVENTS HARM TO OTHERS. 

16 Section 3 of the Religious Freedom Restoration Act 

17 of 1993 (42 U.S.C. 2000bb–3) is amended by adding at 

18 the end the following: 

19 ‘‘(d) ADDITIONAL EXCEPTION FROM APPLICATION

20 OF ACT WHERE FEDERAL LAW PREVENTS HARM TO

21 OTHERS.—This section does not apply— 

22 ‘‘(1) to any provision of law or its implementa23 tion that provides for or requires— 

24 ‘‘(A) protections against discrimination or 

25 the promotion of equal opportunity including 


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1 the Civil Rights Act of 1964, the Americans 

2 with Disabilities Act, the Family Medical Leave 

3 Act, Executive Order 11246, the Violence 

4 Against Women Act, and Equal Access to 

5 Housing in HUD Programs Regardless of Sex6 ual Orientation or Gender Identity (77 FR 

7 5662); 

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

9 compensation, or benefits including leave, or 

10 standards protecting collective activity in the 

11 workplace; 

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

13 or exploitation; or 

14 ‘‘(D) access to, information about, refer15 rals for, provision of, or coverage for, any 

16 health care item or service; 

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

18 functions, or activities to be performed or provided 

19 to beneficiaries of a government contract, grant, co20 operative agreement, or other award; or 

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

22 in denying a person the full and equal enjoyment of 

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

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


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1 SEC. 4. CLARIFICATION OF PRECLUSION OF LITIGATION 

2 BETWEEN PRIVATE PARTIES. 

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

4 by subsection (b) is to clarify the applicability of the Reli5 gious Freedom Restoration Act of 1993, as enacted. 

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

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

8 1(c)) is amended, in the first sentence, by striking ‘‘judi9 cial proceeding’’ and all that follows and inserting ‘‘judi10 cial proceeding to which the government is a party and 

11 obtain appropriate relief against that government.’’. 

12 SEC. 5. DEFINITIONS. 

13 Section 5 of the Religious Freedom Restoration Act 

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

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

16 end; 

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

18 inserting ‘‘; and’’; and 

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

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

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

22 meaning in Federal law.’’. 

Æ 


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