View Rule

This proposed rule would set forth substantive standards the Department will use in its interpretation and application of RFRA. These would include elaboration on how HHS will interpret terms in RFRA such as religious exercise, substantial burden, and compelling interest, based on the guidance issued by the Attorney General concerning those terms, as well as applicable case law. The rule’s standards would guide both OCR and the Department’s components in understanding how RFRA’s requirements govern the Department’s various activities.  The rulemaking would rely upon, other authorities, 42 U.S.C. 2000bb-1, and the statutes that provide legal authority to issue programmatic regulations with respect to HHS programs, as well as HHS's interpretive authority