106TH CONGRESS
1ST SESSION
H. R. 1691
AN ACT
To protect religious liberty.
106TH CONGRESS
1ST SESSION
H. R. 1691
AN ACT
To protect religious liberty.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Religious Liberty Pro-
tection Act of 1999’’.
SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), a government shall not substantially burden
a person’s religious exercise—
(1) in a program or activity, operated by a gov-
ernment, 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 applica-
bility.
(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 govern-
mental 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 oth-
erwise affect any right or authority of the Attorney Gen-
eral or the United States or any agency, officer, or em-
ployee thereof under other law, including section 4(d) of
this Act, to institute or intervene in any action or pro-
ceeding.
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 bur-
den of persuasion on any element of the claim; however,
the claimant shall bear the burden of persuasion on wheth-
er 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 govern-
ment 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 reli-
gious exercise, unless the government dem-
onstrates that application of the burden to the
person is in furtherance of a compelling govern-
mental interest and is the least restrictive
means of furthering that compelling govern-
mental interest.
(B) No government shall impose or imple-
ment a land use regulation in a manner that
does not treat religious assemblies or institu-
tions on equal terms with nonreligious assem-
blies or institutions.
(C) No government shall impose or imple-
ment 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 in-
stitutions principally devoted to religious exer-
cise.
(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 enti-
tled 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 sub-
section 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 viola-
tion of this Act as a claim or defense in a judicial pro-
ceeding and obtain appropriate relief against a govern-
ment. 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 Re-
vised Statutes (42 U.S.C. 1988(b)) is amended—
(1) by inserting ‘‘the Religious Liberty Protec-
tion Act of 1998,’’ after ‘‘Religious Freedom Res-
toration 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