March 6, 2025
Mr. Booker (for himself, Mr. Van Hollen, Mrs. Shaheen, Mr. Hickenlooper, Mr. Blumenthal, Ms. Cortez Masto, Mr. Welch, Ms. Baldwin, Mr. Wyden, Mr. Schiff, Ms. Smith, Ms. Hirono, Mr. Sanders, Ms. Duckworth, Mr. Markey, Mrs. Murray, Mr. Padilla, Mr. Heinrich, Mr. Reed, Ms. Klobuchar, Mr. Fetterman, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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
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Sec. 2. 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
Subsections (a), (b), and (c) do not apply to—
(1)
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.), and the Violence Against Women Act of 1994 (34 U.S.C. 12291 et seq.);
(B)
an employer to provide a wage, other compensation, or a benefit, including leave, or a standard protecting collective activity in the workplace;
(C)
a 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)
any term of a government contract, grant, cooperative agreement, or other award, that provides funds directly or indirectly, and that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or a participant in a program or activity funded, directly or indirectly, by a government contract, grant, cooperative agreement, or other award; or
(3)
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. 3. 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 (42 U.S.C. 2000bb et seq.).
(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 through the first period and inserting judicial proceeding to which a government is a party and obtain appropriate relief against that government.
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