[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1691 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1691

                     To protect religious liberty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 1999

Mr. Canady of Florida (for himself, Mr. Edwards, Mr. Hyde, Mr. Weiner, 
  Mr. Sensenbrenner, Mr. Hutchinson, Mr. Green of Texas, Mr. Smith of 
Texas, Mr. Rogan, Mr. Peterson of Minnesota, and Mr. Cannon) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To protect religious liberty.

    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 Liberty Protection Act of 
1999''.

SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.

    (a) General Rule.--Except as provided in subsection (b), a 
government shall not substantially burden a person's religious 
exercise--
            (1) in a program or activity, operated by a government, 
        that receives Federal financial assistance; or
            (2) in any case in which the substantial burden on the 
        person's religious exercise affects, or in which a removal of 
        that substantial burden would affect, commerce with foreign 
        nations, among the several States, or with Indian tribes;
even if the burden results from a rule of general applicability.
    (b) Exception.--A government may substantially burden a person's 
religious exercise if the government 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 governmental interest.
    (c) Remedies of the United States.--Nothing in this section shall 
be construed to authorize the United States to deny or withhold Federal 
financial assistance as a remedy for a violation of this Act. However, 
nothing in this subsection shall be construed to deny, impair, or 
otherwise affect any right or authority of the Attorney General or the 
United States or any agency, officer, or employee thereof under other 
law, including section 4(d) of this Act, to institute or intervene in 
any action or proceeding.

SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS.

    (a) Procedure.--If a claimant produces prima facie evidence to 
support a claim alleging a violation of the Free Exercise Clause or a 
violation of a provision of this Act enforcing that clause, the 
government shall bear the burden of persuasion on any element of the 
claim; however, the claimant shall bear the burden of persuasion on 
whether the challenged government practice, law, or regulation burdens 
or substantially burdens the claimant's exercise of religion.
    (b) Land Use Regulation.--
            (1) Limitation on land use regulation.--
                    (A) Where, in applying or implementing any land use 
                regulation or exemption, or system of land use 
                regulations or exemptions, a government has the 
                authority to make individualized assessments of the 
                proposed uses to which real property would be put, the 
                government may not impose a substantial burden on a 
                person's religious exercise, unless the government 
                demonstrates that application of the burden to the 
                person is in furtherance of a compelling governmental 
                interest and is the least restrictive means of 
                furthering that compelling governmental interest.
                    (B) No government shall impose or implement a land 
                use regulation in a manner that does not treat 
                religious assemblies or institutions on equal terms 
                with nonreligious assemblies or institutions.
                    (C) No government shall impose or implement a land 
                use regulation that discriminates against any assembly 
                or institution on the basis of religion or religious 
                denomination.
                    (D) No government with zoning authority shall 
                unreasonably exclude from the jurisdiction over which 
                it has authority, or unreasonably limit within that 
                jurisdiction, assemblies or institutions principally 
                devoted to religious exercise.
            (2) Full faith and credit.--Adjudication of a claim of a 
        violation of the Free Exercise Clause or this subsection in a 
        non-Federal forum shall be entitled to full faith and credit in 
        a Federal court only if the claimant had a full and fair 
adjudication of that claim in the non-Federal forum.
            (3) Nonpreemption.--Nothing in this subsection shall 
        preempt State law that is equally or more protective of 
        religious exercise.

SEC. 4. JUDICIAL RELIEF.

    (a) Cause of Action.--A person may assert a violation of this Act 
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.
    (b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 
U.S.C. 1988(b)) is amended--
            (1) by inserting ``the Religious Liberty Protection Act of 
        1998,'' after ``Religious Freedom Restoration Act of 1993,''; 
        and
            (2) by striking the comma that follows a comma.
    (c) Prisoners.--Any litigation under this Act in which the claimant 
is a prisoner shall be subject to the Prison Litigation Reform Act of 
1995 (including provisions of law amended by that Act).
    (d) Authority of United States to Enforce This Act.--The United 
States may sue for injunctive or declaratory relief to enforce 
compliance with this Act.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Religious Belief Unaffected.--Nothing in this Act shall be 
construed to authorize any government to burden any religious belief.
    (b) Religious Exercise Not Regulated.--Nothing in this Act shall 
create any basis for restricting or burdening religious exercise or for 
claims against a religious organization, including any religiously 
affiliated school or university, not acting under color of law.
    (c) Claims to Funding Unaffected.--Nothing in this Act shall create 
or preclude a right of any religious organization to receive funding or 
other assistance from a government, or of any person to receive 
government funding for a religious activity, but this Act may require 
government to incur expenses in its own operations to avoid imposing a 
burden or a substantial burden on religious exercise.
    (d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
            (1) authorize a government to regulate or affect, directly 
        or indirectly, the activities or policies of a person other 
        than a government as a condition of receiving funding or other 
        assistance; or
            (2) restrict any authority that may exist under other law 
        to so regulate or affect, except as provided in this Act.
    (e) Governmental Discretion in Alleviating Burdens on Religious 
Exercise.--A government may avoid the preemptive force of any provision 
of this Act by changing the policy that results in the substantial 
burden on religious exercise, by retaining the policy and exempting the 
burdened religious exercise, by providing exemptions from the policy 
for applications that substantially burden religious exercise, or by 
any other means that eliminates the substantial burden.
    (f) Effect on Other Law.--In a claim under section 2(a)(2) of this 
Act, proof that a substantial burden on a person's religious exercise, 
or removal of that burden, affects or would affect commerce, shall not 
establish any inference or presumption that Congress intends that any 
religious exercise is, or is not, subject to any other law.
    (g) Broad Construction.--This Act should be construed in favor of a 
broad protection of religious exercise, to the maximum extent permitted 
by its terms and the Constitution.
    (h) Severability.--If any provision of this Act or of an amendment 
made by this Act, or any application of such provision to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
Act, the amendments made by this Act, and the application of the 
provision to any other person or circumstance shall not be affected.

SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.

    Nothing in this Act shall be construed to affect, interpret, or in 
any way address that portion of the first amendment to the Constitution 
prohibiting laws respecting an 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.

SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.

    (a) Definitions.--Section 5 of the Religious Freedom Restoration 
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
            (1) in paragraph (1), by striking ``a State, or subdivision 
        of a State'' and inserting ``a covered entity or a subdivision 
        of such an entity'';
            (2) in paragraph (2), by striking ``term'' and all that 
        follows through ``includes'' and inserting ``term `covered 
        entity' means''; and
            (3) in paragraph (4), by striking all after ``means,'' and 
        inserting ``conduct that constitutes the exercise of religion 
        under the first amendment to the Constitution; however, such 
        conduct need not be compelled by, or central to, a system of 
        religious belief; the use, building, or converting of real 
        property for religious exercise shall itself be considered 
        religious exercise of the person or entities that use or intend 
        to use the property for religious exercise.''.
    (b) Conforming Amendment.--Section 6(a) of the Religious Freedom 
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking 
``and State''.

SEC. 8. DEFINITIONS.

    As used in this Act--
            (1) the term ``religious exercise'' means conduct that 
        constitutes the exercise of religion under the first amendment 
        to the Constitution; however, such conduct need not be 
        compelled by, or central to, a system of religious belief; the 
        use, building, or converting of real property for religious 
        exercise shall itself be considered religious exercise of the 
        person or entities that use or intend to use the property for 
        religious exercise;
            (2) the term ``Free Exercise Clause'' means that portion of 
        the first amendment to the Constitution that proscribes laws 
        prohibiting the free exercise of religion and includes the 
        application of that proscription under the 14th amendment to 
        the Constitution;
            (3) the term ``land use regulation'' means a law or 
        decision by a government that limits or restricts a private 
        person's uses or development of land, or of structures affixed 
        to land, where the law or decision applies to one or more 
        particular parcels of land or to land within one or more 
        designated geographical zones, and where the private person has 
        an ownership, leasehold, easement, servitude, or other property 
        interest in the regulated land, or a contract or option to 
        acquire such an interest;
            (4) the term ``program or activity'' means a program or 
        activity as defined in paragraph (1) or (2) of section 606 of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a);
            (5) the term ``demonstrates'' means meets the burdens of 
        going forward with the evidence and of persuasion; and
            (6) the term ``government''--
                    (A) means--
                            (i) a State, county, municipality, or other 
                        governmental entity created under the authority 
                        of a State;
                            (ii) any branch, department, agency, 
                        instrumentality, subdivision, or official of an 
                        entity listed in clause (i); and
                            (iii) any other person acting under color 
                        of State law; and
                    (B) for the purposes of sections 3(a) and 5, 
                includes the United States, a branch, department, 
                agency, instrumentality or official of the United 
                States, and any person acting under color of Federal 
                law.
                                 <all>