I 
115TH CONGRESS 
1ST SESSION H. R. 3222 
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 
JULY 13, 2017 
Mr. KENNEDY (for himself, Mr. SCOTT of Virginia, Ms. NORTON, Mr. SEAN 
PATRICK MALONEY of New York, Mr. HUFFMAN, Ms. SPEIER, Mr. 
EVANS, Ms. SLAUGHTER, Mr. PALLONE, Ms. WASSERMAN SCHULTZ, Mr. 
KHANNA, Mr. BEYER, Mr. COHEN, Mr. BLUMENAUER, Mr. CARSON of 
Indiana, Ms. SCHAKOWSKY, Mr. POCAN, Ms. CASTOR of Florida, Mr. 
GRIJALVA, Mr. MOULTON, Ms. HANABUSA, Ms. MCCOLLUM, Ms. ESHOO, 
Mr. LOWENTHAL, Mr. CA´RDENAS, Mr. MCGOVERN, Mr. KEATING, Mrs. 
LAWRENCE, Mr. QUIGLEY, Mr. PAYNE, Mr. JEFFRIES, Mr. CARBAJAL, 
Mrs. DAVIS of California, Mr. TED LIEU of California, Mr. WELCH, Ms. 
CLARK of Massachusetts, Ms. BONAMICI, Mr. GALLEGO, Mr. ENGEL, Mr. 
AGUILAR, Miss RICE of New York, Mr. POLIS, Ms. JAYAPAL, Mr. 
GUTIE´RREZ, Mr. TAKANO, Mr. NORCROSS, Mr. PRICE of North Carolina, 
Mr. PETERS, Ms. ESTY of Connecticut, Mr. HIGGINS of New York, Mr. 
O’ROURKE, Mr. HASTINGS, and Ms. TSONGAS) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
04:01 Jul 21, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3222.IH
H3222
lotter on DSKBCFDHB2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Do No Harm Act’’. 
SEC. 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 ex-
emption from generally applicable law that imposes 
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 ex-
emption from generally applicable law that imposes 
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 ex-
emption that permits discrimination against other 
persons, including persons who do not belong to the 
religion or adhere to the beliefs of those to whom the 
exemption is given. 
SEC. 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–3) is amended by adding at 
the end the following: 
VerDate Sep 11 2014 
04:01 Jul 21, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3222.IH
H3222
lotter on DSKBCFDHB2PROD with BILLS
‘‘(d) ADDITIONAL EXCEPTION FROM APPLICATION 
OF ACT WHERE FEDERAL LAW PREVENTS HARM TO 
OTHERS.—This section does not apply— 
‘‘(1) to any provision of law or its implementa-
tion that provides for or requires— 
‘‘(A) protections against discrimination or 
the promotion of equal opportunity including 
the Civil Rights Act of 1964, the Americans 
with Disabilities Act, the Family Medical Leave 
Act, Executive Order 11246, the Violence 
Against Women Act, and Equal Access to 
Housing in HUD Programs Regardless of Sex-
ual Orientation or Gender Identity (77 FR 
5662); 
‘‘(B) employers to provide wages, other 
compensation, or benefits including leave, or 
standards protecting collective activity in the 
workplace; 
‘‘(C) protections against child labor, abuse, 
or exploitation; or 
‘‘(D) access to, information about, refer-
rals for, provision of, or coverage for, any 
health care item or service; 
‘‘(2) to any term requiring goods, services, 
functions, or activities to be performed or provided 
VerDate Sep 11 2014 
04:01 Jul 21, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3222.IH
H3222
lotter on DSKBCFDHB2PROD with BILLS
to beneficiaries of a government contract, grant, co-
operative agreement, or other 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.’’. 
SEC. 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 Reli-
gious 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)) is amended, in the first sentence, by striking ‘‘judi-
cial proceeding’’ and all that follows and inserting ‘‘judi-
cial proceeding to which the government is a party and 
obtain appropriate relief against that government.’’. 
SEC. 5. DEFINITIONS. 
Section 5 of the Religious Freedom Restoration Act 
of 1993 (42 U.S.C. 2000bb–2) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
VerDate Sep 11 2014 
04:01 Jul 21, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3222.IH
H3222
lotter on DSKBCFDHB2PROD with BILLS
‘‘(5) the term ‘including’ means including, but 
not limited to, consistent with the term’s standard 
meaning in Federal law.’’. 
Æ 
VerDate Sep 11 2014 
04:01 Jul 21, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H3222.IH
H3222
lotter on DSKBCFDHB2PROD with BILLS