Do No Harm Act

Bill: 115-s-2918
Sponsor: full_name: Sen. Harris, Kamala D. [D-CA]
Introduced: 2018-05-22
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability

Crimes against women

Disability and health-based discrimination

Employee leave

Employment discrimination and employee rights

First Amendment rights

Government liability

Health care coverage and access

Housing discrimination

Labor-management relations

Religion

Sex, gender, sexual orientation discrimination

Wages and earnings

Youth employment and child labor
Latest action: action_date: 2018-05-22
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2018-05-22
action_desc: Introduced in Senate
text: <p><b>Do No Harm Act</b></p> <p>This bill makes the Religious Freedom Restoration Act of 1993 (RFRA) inapplicable to federal laws (or implementations of laws) that:</p> <ul> <li>protect 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 (concerning equal employment opportunity), the Violence Against Women Act, and the Department of Housing and Urban Development's (HUD's) rules entitled "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity"; </li> <li>require employers to provide wages, other compensation, or benefits, including leave; </li> <li>protect collective activity in the workplace; </li> <li>protect against child labor, abuse, or exploitation; or </li> <li>provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. </li></ul> <p>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.</p> <p>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.</p> <p>To assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.</p>

tv_txt: II 115th CONGRESS 2d Session S. 2918 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.

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 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. 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. . 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. . 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. .