Do No Harm Act

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. Short title This Act may be cited as the Do No Harm Act 2. Sense of Congress It is the sense of Congress that— (1) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose the religious views, habits, or practices of one party upon another; (2) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose meaningful harm, including dignitary harm, on a third party; and (3) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption for one party from generally applicable law if the exemption would permit discrimination against others, including persons who do not belong to the religion or adhere to the beliefs of that party. 3. Exception from application of Act where Federal law prevents harm to others Section 3 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1 (d) Additional exception from application of Act where Federal law prevents harm to others Subsection (a) shall not apply— (1) to any provision of law or its implementation that provides for or requires— (A) a protection against discrimination or the promotion of equal opportunity, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. 42 U.S.C. 12101 et seq. 29 U.S.C. 2601 et seq. 42 U.S.C. 2000e 42 U.S.C. 13925 et seq. Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (B) an employer to provide a wage, other compensation, or a benefit including leave, or a standard protecting collective activity in the workplace; (C) protection against child labor, child abuse, or child exploitation; or (D) access to, information about, a referral for, provision of, or coverage for, any health care item or service; (2) to any term of a government contract, grant, cooperative agreement, or other instrument for an award, that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or participant in a program or activity funded by such a government contract, grant, cooperative agreement, or other instrument for an award; or (3) to the extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation provided by the government. . 4. Clarification of preclusion of litigation between private parties (a) Purpose The purpose of the amendment made by subsection (b) is to clarify the applicability of the Religious Freedom Restoration Act of 1993, as enacted. (b) Preclusion Section 3(c) of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1(c) judicial proceeding judicial proceeding to which the government is a party and obtain appropriate relief against that government.

Summary: Do No Harm Act This bill prohibits the application of the Religious Freedom Restoration Act of 1993 (RFRA) to specified federal laws or the implementation of such laws. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means. Under the bill, RFRA is inapplicable to laws or the implementation of laws that protect against discrimination or the promotion of equal opportunity (e.g., the Civil Rights Act of 1964); require employers to provide wages, other compensation, or benefits, including leave; protect collective activity in the workplace; protect against child labor, abuse, or exploitation; or provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. The bill prevents RFRA from being used to deny (1) goods or services the government has contracted, granted, or made an agreement to provide to a beneficiary of or participant in a program or activity funded by such government contract, grant, agreement, or other award; or (2) a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. In order for a person to assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.