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 American 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 substantially 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 of Oregon v. Smith the Supreme Court virtually
eliminated the requirement that the government justify burdens on religious
exercise imposed by laws naeutral toward religion; and
(5) the compelling interest test as set forth in Sherbert v. Verner and
Wisconsin v. Yoder is a workable test for striking sensible balances between
religious liberty and competing governmental interests.
(b) PURPOSES. -- The purposes of this Act are --
(1) to restore the compelling interest test as set forth in Federal court cases
before Employment Division of Oregon v. Smith 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 burden a person's exercise of religion only if
it demonstrates that application of the burden to the person --
(1) furthers 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
substantially 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. ATTORNEY 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 striding "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 burdens of going forward
with the evidence and of persuasion; and
(4) the term "exercise of religion" means exercise of religion under
the first article of amendment to the Constitution of the United States.
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 substantially burden any religious belief.
SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED.
(a) IN GENERAL. -- 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. 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.
(b) DEFINITION. -- As used in this section, the term "granting government
funding, benefits, or exemptions" does not include a denial of government
funding, benefits, or exemptions.