Religious Freedom Restoration Act of 1993
PL 103-141 (H.R.1308), enacted 11/16/1993

107 STAT. 1488 
PUBLIC LAW 103-141—NOV. 16, 1993 
Public Law 103-141 
103d Congress 
An Act 
To protect the free exercise of religion. 
Nov. 16, 1993 
[H.R. 1308] 
Religious 
^^ *' enacted by the Senate and House of Representatives 
of 
Freedom 
the United States of America in Congress assembled, 
Restoration Act 
of 1993. 
SECTION 1. SHORT TITLE. 
note. 
This Act may be cited as the "Religious Freedom Restoration 
Act of 1993". 
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SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) the fi*amers of the Constitution, recognizing free exercise 
of religion as an imalienable 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. Vemer, 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. 
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SEC. 3. FREE EXERCISE OF REUGION 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 per-
son's exercise of religion only if it demonstrates that application 
of the burden to the person— 
PUBLIC LAW 103-141—NOV. 16, 1993 
107 STAT. 1489 
(1) is in furtherance of a compelling governmental interest; 
and 
(2) is the least restrictive means of furthering that compel-
ling governmental interest. 
(c) JUDICIAL RELIEF.—^A person whose religioiis 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. Stcmding to assert a claim or defense 
under this section shall be governed by the general rules of standing 
imder article III of the Constitution. 
SEC. 4. ATTORNEYS FEES. 
(a) JUDICIAL PROCEEDINGS.—Section 722 of the Revised Stat-
utes (42 U.S.C. 1988) is amended by inserting "the Reli^ous Free-
dom Restoration Act of 1993," before "or title Vl of the Civil Rights 
Act of 1964". 
(b) ADMINISTRATIVE PROCEEDINGS.—Section 504(bXlXC) 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, instrumentjility, and official (or other person acting 
under color of law) of the United States, a State, or a subdivi-
sion 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 the 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 wnether adopted before or after the enactment of 
this Act. 
(b) RULE OF CONSTRUCTION.—Federal statutory law adopted 
after the d£^ of the enactment of this Act is subject to this Act 
unless such liaw 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 prohibit-
ing laws respecting the estabUshment of religion (referred to in 
this section as the "Establishment Clause"). Granting government 
funding, benefits, or exemptions, to the extent permissible under 
the EstabUshment Clause, shall not constitute a violation of this 
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2000bb-2. 
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2000bb-3. 
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2000bb-4. 
107 STAT. 1490 
PUBLIC LAW 103-141—NOV. 16, 1993 
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. 
Approved November 16, 1993. 
LEGISLATIVE HISTORY—H.R. 1308 (S. 578): 
HOUSE REPORTS: No. 103-88 (Comm. on the Judiciary). 
SENATE REPORTS: No. 103-111 accompanying S. 578 (Ctomm. 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.