I
105TH CONGRESS
2D SESSION
H. R. 4019
To protect religious liberty.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1998
Mr. CANADY of Florida (for himself and Mr. NADLER) 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 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 1998’’.
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 or affecting commerce with foreign na-
tions, among the several States, or with the Indian
tribes;
even if the burden results from a rule of general applicabil-
ity.
(b) EXCEPTION.—A government may substantially
burden a person’s religious exercise if the government
demonstrates that application of the burden to the per-
son—
(1) is in furtherance of a compelling govern-
mental interest; and
(2) is the least restrictive means of furthering
that compelling governmental interest.
(c) FUNDING NOT AFFECTED.—Nothing in this sec-
tion shall be construed to authorize the United States to
deny or withhold Federal financial assistance as a remedy
for a violation of this Act.
(d) STATE POLICY NOT COMMANDEERED.—A gov-
ernment may eliminate the substantial burden on religious
exercise by changing the policy that results in the burden,
by retaining the policy and exempting the religious exer-
cise from that policy, or by any other means that elimi-
nates the burden.
(e) DEFINITIONS.—As used in this section—
(1) the term ‘‘government’’ means a branch, de-
partment, agency, instrumentality, subdivision, or
official of a State (or other person acting under
color of State law);
(2) 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); and
(3) the term ‘‘demonstrates’’ means meets the
burdens of going forward with the evidence and of
persuasion.
SEC. 3. ENFORCEMENT OF THE FREE EXERCISE CLAUSE.
(a) PROCEDURE.—If a claimant produces prima facie
evidence to support a claim of a violation of the Free Exer-
cise Clause, the government shall bear the burden of per-
suasion on all issues relating to the claim, except any issue
as to the existence of the burden on religious exercise.
(b) LAND USE REGULATION.—
(1) LIMITATION ON LAND USE REGULATION.—
No government shall impose a land use regulation
that—
(A) substantially burdens religious exer-
cise, unless the burden is the least restrictive
means to prevent substantial and tangible harm
to neighboring properties or to the public health
or safety;
(B) denies religious assemblies a reason-
able location in the jurisdiction; or
(C) excludes religious assemblies from
areas in which nonreligious assemblies are per-
mitted.
(2) FULL FAITH AND CREDIT.—Adjudication of
a claim of a violation of 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 sub-
section shall preempt State law that is equally or
more protective of religious exercise.
(4) NONAPPLICATION OF OTHER PORTIONS OF
THIS ACT.—Section 2 does not apply to land use
regulation.
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 proceed-
ing and obtain appropriate relief against a government.
Standing to assert a claim or defense under this section
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.—Noth-
ing in this Act shall create any basis for regulation of reli-
gious exercise or for claims against a religious organiza-
tion, including any religiously affiliated school or univer-
sity, 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 reli-
gious exercise.
(d) OTHER AUTHORITY TO IMPOSE CONDITIONS ON
FUNDING UNAFFECTED.—Nothing in this Act shall—
(1) authorize a government to regulate or af-
fect, 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) EFFECT ON OTHER LAW.—Proof that a religious
exercise affects commerce for the purposes of this Act does
not give rise to any inference or presumption that the reli-
gious exercise is subject to any other law regulating com-
merce.
(f) 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, inter-
pret, or in any way address that portion of the first
amendment to the Constitution prohibiting laws respect-
ing 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 vio-
lation of this Act. As used in this section, the term ‘‘grant-
ing’’, 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 RESTORA-
TION ACT.
(a) DEFINITIONS.—Section 5 of the Religious Free-
dom 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 en-
tity 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 ‘‘an act or refusal to act
that is substantially motivated by a religious belief,
whether or not the act or refusal is compulsory or
central to a larger system of religious belief.’’.
(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 an act
or refusal to act that is substantially motivated by
a religious belief, whether or not the act or refusal
is compulsory or central to a larger system of reli-
gious belief;
(2) the term ‘‘Free Exercise Clause’’ means
that portion of the first amendment to the Constitu-
tion that proscribes laws prohibiting the free exercise
of religion and includes the application of that pro-
scription under the 14th amendment to the Con-
stitution; and
(3) except as otherwise provided in this Act, the
term ‘‘government’’ means a branch, department,
agency, instrumentality, subdivision, or official of a
State, or other person acting under color of State
law, or a branch, department, agency, instrumental-
ity, subdivision, or official of the United States, or
other person acting under color of Federal law.
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