Do No Harm Act

12/31/2022, 5:35 AM

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.

Congress
117

Number
S - 2752

Introduced on
2021-09-15

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

9/15/2021

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and 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.

Alternative Names
Official Title as IntroducedA 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.

Policy Areas
Civil Rights and Liberties, Minority Issues

Potential Impact
Crimes against women
Disability and health-based discrimination
Employee leave
Employment discrimination and employee rights
First Amendment rights
Health care coverage and access
Housing discrimination
Labor-management relations
Religion
Sex, gender, sexual orientation discrimination
Wages and earnings
Youth employment and child labor

Comments

Recent Activity

Latest Summary3/7/2022

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 bur...


Latest Action9/15/2021
Read twice and referred to the Committee on the Judiciary.