H.R. 1954 — Do No Harm Act

This section amends the Religious Freedom Restoration Act of 1993 (RFRA) to add a new exception exempting specified federal laws and requirements from RFRA's protections against substantial burdens on religious exercise. (As background, RFRA restores the compelling interest test—requiring the government to justify substantial burdens on religious exercise by demonstrating a compelling governmental interest and use of the least restrictive means—in all cases where free exercise of religion is substantially burdened.) Specifically, RFRA's protections do not apply to (1) any provision of law or its implementation providing protections against discrimination or promoting equal opportunity (e.g., Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Family and Medical Leave Act of 1993, Violence Against Women Act of 1994), employer requirements for wages, compensation, benefits (including leave), or collective workplace activity protections, protections against child labor, abuse, or exploitation, or requirements for access to, information about, referrals for, provision of, or coverage for health care items or services; (2) terms in government contracts, grants, cooperative agreements, or other awards requiring goods, services, functions, or activities for beneficiaries or participants in government-funded programs; or (3) any application resulting in denial of full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. (Thus, the compelling interest test does not apply to religious exercise claims in these areas.)

This section revises section 3(c) of the Religious Freedom Restoration Act of 1993 (RFRA) to limit its applicability to judicial proceedings to which a government is a party, with appropriate relief available only against that government. (As background, RFRA generally prohibits the federal government from substantially burdening a person's exercise of religion unless it demonstrates a compelling governmental interest and uses the least restrictive means; thus, this amendment precludes private parties from asserting RFRA claims or defenses against each other.)