HR 2802 · 114th Congress 2015–2017, ended

First Amendment Defense Act

Introduced Jun 17, 2015 Originated House Sponsor Raul R. Labrador R-ID

Latest action · Jun 17, 2015 Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJun 17, 2015
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

First Amendment Defense Act

Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage.

Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to:

alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person;
disallow a deduction of any charitable contribution made to or by such person;
withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or
withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program.

Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction.

Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government.

Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation.

Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status.

Cosponsors 172

Members who signed on, in the order they did. Signatures ran from Jun 17, 2015 to Jul 18, 2016; 57 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-WV	Alexander X. Mooney	Original	Jun 17, 2015
R-MD	Andy Harris	Original	Jun 17, 2015
R-MO	Ann Wagner	Original	Jun 17, 2015
R-TX	Brian Babin	Original	Jun 17, 2015
R-UT	Chris Stewart	Original	Jun 17, 2015
R-NJ	Christopher H. Smith	Original	Jun 17, 2015
D-IL	Daniel Lipinski	Original	Jun 17, 2015
R-VA	Dave Brat	Original	Jun 17, 2015
R-NC	David Rouzer	Original	Jun 17, 2015
R-TN	Diane Black	Original	Jun 17, 2015
R-GA	Doug Collins	Original	Jun 17, 2015
R-CO	Doug Lamborn	Original	Jun 17, 2015
R-AL	Gary J. Palmer	Original	Jun 17, 2015
R-WI	Glenn Grothman	Original	Jun 17, 2015
R-UT	Jason Chaffetz	Original	Jun 17, 2015
R-SC	Jeff Duncan	Original	Jun 17, 2015
R-NE	Jeff Fortenberry	Original	Jun 17, 2015
R-FL	Jeff Miller	Original	Jun 17, 2015
R-OH	Jim Jordan	Original	Jun 17, 2015
R-GA	Jody B. Hice	Original	Jun 17, 2015
R-LA	John Fleming	Original	Jun 17, 2015
R-TX	John R. Carter	Original	Jun 17, 2015
R-PA	Joseph R. Pitts	Original	Jun 17, 2015
R-PA	Keith J. Rothfus	Original	Jun 17, 2015
R-TX	Kenny Marchant	Original	Jun 17, 2015
R-ND	Kevin Cramer	Original	Jun 17, 2015
R-TX	Lamar Smith	Original	Jun 17, 2015
R-GA	Lynn A. Westmoreland	Original	Jun 17, 2015
R-NC	Mark Meadows	Original	Jun 17, 2015
R-SC	Mark Sanford	Original	Jun 17, 2015
R-OK	Markwayne Mullin	Original	Jun 17, 2015
R-TN	Marsha Blackburn	Original	Jun 17, 2015
R-AZ	Matt Salmon	Original	Jun 17, 2015
R-UT	Mia B. Love	Original	Jun 17, 2015
R-PA	Mike Kelly	Original	Jun 17, 2015
R-KS	Mike Pompeo	Original	Jun 17, 2015
R-AZ	Paul A. Gosar	Original	Jun 17, 2015
R-TX	Pete Sessions	Original	Jun 17, 2015
R-TX	Randy K. Weber, Sr.	Original	Jun 17, 2015
R-TX	Randy Neugebauer	Original	Jun 17, 2015
R-GA	Rick W. Allen	Original	Jun 17, 2015
R-UT	Rob Bishop	Original	Jun 17, 2015
R-AL	Robert B. Aderholt	Original	Jun 17, 2015
R-NC	Robert Pittenger	Original	Jun 17, 2015
R-TX	Sam Johnson	Original	Jun 17, 2015
R-NJ	Scott Garrett	Original	Jun 17, 2015
R-TN	Stephen Lee Fincher	Original	Jun 17, 2015
R-NM	Stevan Pearce	Original	Jun 17, 2015
R-MS	Steven M. Palazzo	Original	Jun 17, 2015
R-FL	Ted S. Yoho	Original	Jun 17, 2015
R-KS	Tim Huelskamp	Original	Jun 17, 2015
R-MI	Tim Walberg	Original	Jun 17, 2015
R-GA	Tom Graves	Original	Jun 17, 2015
R-AZ	Trent Franks	Original	Jun 17, 2015
R-SC	Trey Gowdy	Original	Jun 17, 2015
R-MO	Vicky Hartzler	Original	Jun 17, 2015
R-NC	Walter B. Jones	Original	Jun 17, 2015
R-GA	Barry Loudermilk		Jun 23, 2015
R-AL	Mo Brooks		Jun 23, 2015
R-TX	Pete Olson		Jun 23, 2015
R-TN	Scott DesJarlais		Jun 23, 2015
R-AL	Bradley Byrne		Jun 24, 2015
R-OK	Jim Bridenstine		Jun 24, 2015
R-CO	Ken Buck		Jun 24, 2015
R-VA	Robert Hurt		Jun 24, 2015
R-MT	Ryan K. Zinke		Jun 24, 2015
R-WA	Dan Newhouse		Jun 25, 2015
R-NC	Richard Hudson		Jun 25, 2015
R-TX	Roger Williams		Jun 25, 2015
R-TX	Bill Flores		Jul 7, 2015
R-FL	Bill Posey		Jul 7, 2015
R-OH	Brad R. Wenstrup		Jul 7, 2015
R-TN	Charles J. "Chuck" Fleischmann		Jul 7, 2015
R-CA	Dana Rohrabacher		Jul 7, 2015
R-TN	David P. Roe		Jul 7, 2015
R-VA	J. Randy Forbes		Jul 7, 2015
R-TN	John J. Duncan, Jr.		Jul 7, 2015
R-TX	John Ratcliffe		Jul 7, 2015
R-CA	Ken Calvert		Jul 7, 2015
R-IN	Luke Messer		Jul 7, 2015
R-IN	Marlin A. Stutzman		Jul 7, 2015
R-TX	Michael C. Burgess		Jul 7, 2015
R-AL	Mike Rogers		Jul 7, 2015
R-LA	Ralph Lee Abraham		Jul 7, 2015
R-VA	Robert J. Wittman		Jul 7, 2015
R-LA	Steve Scalise		Jul 7, 2015
R-PA	Tim Murphy		Jul 7, 2015
R-VA	Bob Goodlatte		Jul 8, 2015
R-AR	Bruce Westerman		Jul 8, 2015
R-CA	Doug LaMalfa		Jul 8, 2015
R-TX	Joe Barton		Jul 8, 2015
R-MI	John R. Moolenaar		Jul 8, 2015
R-TX	Kevin Brady		Jul 8, 2015
R-NC	Mark Walker		Jul 8, 2015
R-AL	Martha Roby		Jul 8, 2015
R-MI	Mike Bishop		Jul 8, 2015
R-PA	Scott Perry		Jul 8, 2015
R-GA	Tom Price		Jul 8, 2015
R-KY	Andy Barr		Jul 9, 2015
R-NV	Cresent Hardy		Jul 9, 2015
R-WY	Cynthia M. Lummis		Jul 9, 2015
R-AZ	David Schweikert		Jul 9, 2015
R-NC	George Holding		Jul 9, 2015
R-TX	K. Michael Conaway		Jul 9, 2015
R-SC	Mick Mulvaney		Jul 9, 2015
R-IL	Randy Hultgren		Jul 9, 2015
R-WI	Reid J. Ribble		Jul 9, 2015
R-TX	Blake Farenthold		Jul 13, 2015
R-LA	Charles W. Boustany, Jr.		Jul 13, 2015
R-NY	Chris Collins		Jul 13, 2015
R-FL	Curt Clawson		Jul 13, 2015
R-OH	David P. Joyce		Jul 13, 2015
R-CA	Duncan Hunter		Jul 13, 2015
R-GA	Earl L. "Buddy" Carter		Jul 13, 2015
R-KY	Ed Whitfield		Jul 13, 2015
R-WV	Evan H. Jenkins		Jul 13, 2015
R-MS	Gregg Harper		Jul 13, 2015
R-SC	Joe Wilson		Jul 13, 2015
R-SD	Kristi L. Noem		Jul 13, 2015
R-TX	Louie Gohmert		Jul 13, 2015
R-IA	Rod Blum		Jul 13, 2015
R-FL	Thomas J. Rooney		Jul 13, 2015
R-OK	Tom Cole		Jul 13, 2015
R-PA	Tom Marino		Jul 13, 2015
R-GA	Austin Scott		Jul 16, 2015
R-OH	Bob Gibbs		Jul 16, 2015
R-AR	Eric A. "Rick" Crawford		Jul 16, 2015
R-TX	Jeb Hensarling		Jul 16, 2015
R-KY	Thomas Massie		Jul 16, 2015
R-MS	Trent Kelly		Jul 16, 2015
R-MI	Dan Benishek		Jul 21, 2015
R-FL	Dennis A. Ross		Jul 21, 2015
R-TX	Mac Thornberry		Jul 21, 2015
R-GA	Rob Woodall		Jul 21, 2015
R-NY	Lee M. Zeldin		Jul 22, 2015
R-OK	Steve Russell		Jul 22, 2015
R-LA	Garret Graves		Jul 23, 2015
R-TX	Michael T. McCaul		Jul 23, 2015
R-FL	Ron DeSantis		Jul 23, 2015
R-AR	Steve Womack		Jul 23, 2015
R-TX	John Abney Culberson		Jul 27, 2015
R-MN	John Kline		Jul 27, 2015
R-FL	Daniel Webster		Jul 28, 2015
R-FL	Gus M. Bilirakis		Jul 28, 2015
R-MN	Tom Emmer		Jul 28, 2015
R-KY	Brett Guthrie		Sep 8, 2015
R-OK	Frank D. Lucas		Sep 8, 2015
R-PA	Glenn Thompson		Sep 8, 2015
R-MI	David A. Trott		Oct 6, 2015
R-FL	John L. Mica		Oct 20, 2015
R-CA	Stephen Knight		Oct 28, 2015
R-MO	Billy Long		Dec 3, 2015
R-WI	F. James Sensenbrenner, Jr.		Jan 13, 2016
R-KY	Harold Rogers		Feb 2, 2016
R-OH	Steve Chabot		Feb 10, 2016
R-NE	Adrian Smith		Feb 23, 2016
R-MO	Sam Graves		Feb 29, 2016
R-OH	James B. Renacci		Mar 1, 2016
R-VA	E. Scott Rigell		Mar 2, 2016
R-TX	Will Hurd		Mar 7, 2016
R-MI	Bill Huizenga		Mar 15, 2016
R-SC	Tom Rice		Mar 16, 2016
R-MO	Blaine Luetkemeyer		Mar 17, 2016
R-MO	Jason Smith		Apr 11, 2016
R-CO	Scott R. Tipton		Apr 11, 2016
R-OH	Bill Johnson		Apr 12, 2016
R-IN	Jackie Walorski		May 10, 2016
R-OH	Patrick J. Tiberi		May 16, 2016
R-KS	Kevin Yoder		May 27, 2016
R-VA	H. Morgan Griffith		Jun 14, 2016
R-OH	Warren Davidson		Jun 28, 2016
R-IL	Peter J. Roskam		Jul 18, 2016

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Oversight and Government Reform Committee	Referred Jun 17, 2015
House	Ways and Means Committee	Referred Jun 17, 2015

Actions 2

Everything that happened, newest first.

Jun 17, 2015Introduced in House
Jun 17, 2015Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House	Debate and remarks H4566–H4569	Jody B. Hice R-GA	Jul 8, 2016
House	Debate and remarks H5181	Jody B. Hice R-GA	Jul 15, 2015

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: This legislation has been written pursuant to protections guaranteed by the First Amendment, which states, ``Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech.'' The constitutional authority on which this bill rests is the power of Congress ``to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States'' as outlined in Article 1, Section 8, Clause 1 of the Constitution. Additionally, Article 1, Section 8, Clause 18 of the United States Constitution states, Congress shall have power ``to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof''.

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 97, June 17, 2015, page H4492.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 114-121	RELIGIOUS LIBERTY AND H.R. 2802, THE FIRST AMENDMENT DEFENSE ACT (FADA)228 pages	Oversight and Government Reform Committee	Jul 12, 2016

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 1598	First Amendment Defense Act	Identical bill	Jun 17, 2015

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To prevent discriminatory treatment of any person on the basis of views held with respect to marriage.
Short Titles as Introduced: First Amendment Defense Act

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

Text 1

Each version as it was printed, newest first.

Jun 17, 2015Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.