107 STAT. 1488 PUBLIC LAW 103-141 -- NOV. 16, 1993

Public Law 103-141
103d Congress

RELIGIOUS FREEDOM RESTORATION ACT OF 1993

An Act 
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 of 1993". 
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. 
	(a) FINDINGS.---The Congress finds--- 
	(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; and 
	(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 determines 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) 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 of the United States (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. 
	As used in this Act--- 
	(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 burden of going 
forward with the evidence and of persuasion; and 
	(4) the term "exercise of religion" means 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 
the 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 of the First 
Amendment, 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 a 
denial of government funding, benefits, or exemptions. 
	Approved November 16, 1993.

Nov. 16, 1993
[H.R. 1308]
Sec. 2 is 42 USC 2000bb
Sec. 3 is 42 USC 2000bb-1
Sec. 4 is 42 USC 2000bb-1
Sec. 5 is 42 USC 2000bb-2
Sec. 6 is 42 USC 2000bb-3
Sec. 7 is 42 USC 2000bb-4

LEGISLATIVE HISTORY -- H.R. 1308 (S. 578):

HOUSE REPORTS: No. 103-88 (Comm. on the Judiciary).
SENATE REPORTS: No. 103-111 accompanying S. 578 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 139 (1993):
May 11, considered and passed House.
Oct. 26, 27, S. 578 considered in Senate; H.R. 1308, amended, passed in lieu.
Nov. 3, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993):
Nov. 16, Presidential remarks.