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

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
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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1378 Introduced in House (IH)]

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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. Garcia of 
   Illinois, Ms. Sanchez, 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

_______________________________________________________________________

                                 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 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 from generally 
        applicable law if the exemption would permit 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-1) is amended by adding at the end the following:
    ``(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 implementation 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 Sexual 
                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, referrals 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 award, that requires goods, 
        services, functions, or activities to be performed for or 
        provided to beneficiaries of or participants in a program or 
        activity funded by such a government contract, grant, 
        cooperative 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 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.''.
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