Religious Freedom Restoration Act of 1993
Enrolled Bill (Sent to the President)
One Hundred Third Congress of the United States of America AT THE
FIRST SESSION Begun and held at the City of Washington on Tuesday, the
fifth day of January, one thousand nine hundred and ninety-three An Act
TITLE: To protect the free exercise of religion.
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 'Religious Freedom Restoration Act
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings: The Congress finds that--
(1) the framers of the Constitution, recognizing free exercise
of religion as an unalienable right, secured its protection in the First
Amendment to the Constitution;
(2) laws 'neutral' toward religion may burden religious exercise
as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise
without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme
Court virtually eliminated the requirement that the government justify
burdens on religious exercise imposed by laws neutral toward religion;
(5) the compelling interest test as set forth in prior Federal
court rulings is a workable test for striking sensible balances between
religious liberty and competing prior governmental interests.
(b) Purposes: The purposes of this Act are--
(1) to restore the compelling interest test as set forth in Sherbert
v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972)
and to guarantee its application in all cases where free exercise of religion
is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise
is substantially burdened by government.
SEC. 3. FREE EXERCISE OF RELIGION PROTECTED.
(a) In General: Government shall not substantially burden
a person's exercise of religion even if the burden results from a rule
of general applicability, except as provided in subsection (b).
(b) Exception: Government may substantially burden a person's
exercise of religion only if it demonstrates that application of the burden
to the person--
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling
(c) Judicial Relief: A person whose religious exercise has
been burdened in violation of this section may assert that violation as
a claim or defense in a judicial proceeding and obtain appropriate relief
against a government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under article
III of the Constitution.
SEC. 4. ATTORNEYS FEES.
(a) Judicial Proceedings: Section 722 of the Revised Statutes
(42 U.S.C. 1988) is amended by inserting 'the Religious Freedom Restoration
Act of 1993,' before 'or title VI of the Civil Rights Act of 1964'.
(b) Administrative Proceedings: Section 504(b)(1)(C) of
title 5, United States Code, is amended--
(1) by striking 'and' at the end of clause (ii);
(2) by striking the semicolon at the end of clause (iii) and inserting
', and'; and
(3) by inserting '(iv) the Religious Freedom Restoration Act of
1993;' after clause (iii).
SEC. 5. DEFINITIONS.
(1) the term 'government' includes a branch, department, agency,
instrumentality, and official (or other person acting under color of law)
of the United States, a State, or a subdivision of a State;
(2) the term 'State' includes the District of Columbia, the Commonwealth
of Puerto Rico, and each territory and possession of the United States;
(3) the term 'demonstrates' means meets the burdens of going forward
with the evidence and of persuasion; and
(4) the term 'exercise of religion' means the exercise of religion
under the First Amendment to the Constitution.
SEC. 6. APPLICABILITY.
(a) In General.--This Act applies to all Federal and State
law, and the implementation of that law, whether statutory or otherwise,
and whether adopted before or after the enactment of this Act .
(b) Rule of Construction.--Federal statutory law adopted
after the date of the enactment of this Act is subject to this Act unless
such law explicitly excludes such application by reference to this Act
(c) Religious Belief Unaffected.--Nothing in this Act shall
be construed to authorize any government to burden any religious belief.
SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or
in any way address that portion of the First Amendment prohibiting laws
respecting the establishment of religion (referred to in this section as
the 'Establishment Clause'). Granting government funding, benefits, or
exemptions, to the extent permissible under the Establishment Clause, shall
not constitute a violation of this Act . As used in this section, the term
'granting', used with respect to government funding, benefits, or exemptions,
does not include the denial of government funding, benefits, or exemptions.
Speaker of the House of Representatives.Vice President of the United
States and President of the Senate.
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