S 894
Do No Harm Act
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Bill overview
The Do No Harm Act amends the Religious Freedom Restoration Act of 1993 to clarify that certain federal laws and government actions are not subject to the Act’s protections when they aim to prevent harm or promote equal opportunity. Specifically, the Act addresses situations involving anti-discrimination laws, wage standards, child protection, healthcare access, and government contracts. It also clarifies the process for seeking relief in legal disputes involving the government.
Key provisions
- Exempts certain federal laws (including Civil Rights Act, ADA, FMLA, and VAWA) from the Religious Freedom Restoration Act.
- Exempts government contracts and grants from the Religious Freedom Restoration Act.
- Clarifies that the Act does not apply when government actions prevent denial of equal access to goods, services, or accommodations.
- Modifies the process for seeking judicial relief in cases involving the government.
Who is affected
- Individuals
- Government agencies
- Employers
- Healthcare providers
- Businesses
Notable changes
- Expands the scope of federal laws and government actions exempt from the Religious Freedom Restoration Act.
- Provides a specific process for obtaining relief in legal disputes involving the government.
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Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
S. 894
IN THE SENATE OF THE UNITED STATES
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.
This Act may be cited as the Do No Harm Act
.
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:
Subsections (a), (b), and (c) do not apply to—
any provision of law or its implementation that provides for or requires—
an employer to provide a wage, other compensation, or a benefit, including leave, or a standard protecting collective activity in the workplace;
a protection against child labor, child abuse, or child exploitation; or
access to, information about, a referral for, provision of, or coverage for, any health care item or service;
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
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.
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.).
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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