Title: Do No Harm Act
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Do No Harm Act
This bill makes the Religious Freedom Restoration Act of 1993 (RFRA) inapplicable to federal laws (or implementations of laws) that:
Under current law, 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.
The bill makes RFRA inapplicable to: (1) terms requiring goods, services, functions, or activities to be performed or provided to beneficiaries of government contracts, grants, cooperative agreements, or awards; or (2) denials of a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation.
To assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2918 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2918

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

                              May 22, 2018

  Ms. Harris (for herself, Mr. Leahy, Ms. Hirono, Mrs. Feinstein, Mr. 
  Durbin, Mr. Markey, Mr. Whitehouse, Mr. Sanders, Mr. Merkley, Mrs. 
   Gillibrand, Ms. Smith, Mr. Wyden, and Ms. Warren) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 exemption 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 exemption 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 exemption for one party that 
        permits discrimination against others, including persons who do 
        not belong to the religion or adhere to the beliefs of that 
        party.

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-1) is amended by adding at the end the following:
    ``(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.), the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.), the Family and Medical Leave Act of 
                1993 (29 U.S.C. 2601 et seq.), Executive Order 11246 
                (42 U.S.C. 2000e note; relating to equal opportunity in 
                Federal employment), the Violence Against Women Act of 
                1994 (42 U.S.C. 13925 et seq.), the final rule of the 
                Department of Housing and Urban Development entitled 
                `Equal Access to Housing in HUD Programs Regardless of 
                Sexual Orientation or Gender Identity' (77 Fed. Reg. 
                5661 (February 3, 2012)) (or any corresponding similar 
                regulation or ruling), or section 5.106 of title 24, 
                Code of Federal Regulations (or any corresponding 
                similar regulation or ruling);
                    ``(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, requiring a good, service, function, or 
        activity to be performed or provided to a beneficiary, of 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.''.

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 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)) is amended, in the first sentence, 
by striking ``judicial proceeding'' and all that follows and inserting 
``judicial 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:
            ``(5) the term `including' means including, but not limited 
        to, consistent with the term's standard meaning in Federal 
        law.''.
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