Religious Land Use and Institutionalized Persons Act of 2000
PL 106-274 (S.2869), enacted 09/22/2000

PUBLIC LAW 106-274—SEPT. 22, 2000 
114 STAT. 803 
Public Law 106-274 
106th Congress 
An Act 
To protect religious liberty, and for other purposes. 
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 "ReHgious Land Use and Institu-
tionalized Persons Act of 2000". 
SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE. 
(a) SUBSTANTIAL BURDENS.— 
(1) GENERAL RULE.—^No government shall impose or imple-
ment a land use regulation in a manner that imposes a substan-
tial burden on the religious exercise of a person, including 
a religious assembly or institution, unless the government dem-
onstrates that imposition of the burden on that person, 
assembly, or institution— 
(A) is in furtherance of a compelling governmental 
interest; and 
(B) is the least restrictive means of furthering that 
compelling governmental interest. 
(2) SCOPE OF APPLICATION.—This subsection applies in any 
case in which— 
(A) the substantial burden is imposed in a program 
or activity that receives Federal financial assistance, even 
if the burden results from a rule of general applicability; 
(B) the substantial burden affects, or 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; or 
(C) the substantial 
burden 
is imposed in the 
implementation of a land use regulation or system of land 
use regulations, under which a government makes, or has 
in place formal or informal procedures or practices that 
permit the government to make, individualized assess-
ments of the proposed uses for the property involved. 
(b) DISCRIMINATION AND EXCLUSION.— 
(1) EQUAL TERMS.—No government shall impose or imple-
ment a land use regulation in a manner that treats a religious 
assembly or institution on less than equal terms with a nonreli-
gious assembly or institution. 
(2) NONDISCRIMINATION.—No government shall impose or 
implement a land use regulation that discriminates against 
Sept. 22, 2000 
[S. 2869] 
Religious Land 
Use and 
Institutionalized 
Persons Act of 
2000. 
42 u s e 2000CC 
note. 
42 u s e 2000CC. 
114 STAT. 804 
PUBLIC LAW 106-274—SEPT. 22, 2000 
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2000CC-1. 
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2000CC-2. 
any assembly or institution on the basis of religion or religious 
denomination. 
(3) EXCLUSIONS AND LIMITS.—No government shall impose 
or implement a land use regulation that— 
(A) totally excludes religious assemblies from a jurisdic-
tion; or 
(B) unreasonably limits religious assemblies, institu-
tions, or structures within a jurisdiction. 
SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED 
PERSONS. 
(a) GENERAL RULE.—^No government shall impose a substantial 
burden on the religious exercise of a person residing in or confined 
to an institution, as defined in section 2 of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997), even if the burden 
results from a rule of general applicability, unless the government 
demonstrates that imposition of the burden on that person— 
(1) is in furtherance of a compelling governmental interest; 
and 
(2) is the least restrictive means of furthering that compel-
ling governmental interest. 
(b) SCOPE OF APPLICATION.—^This section applies in any case 
in which— 
(1) the substantial burden is imposed in a program or 
activity that receives Federal financial assistance; or 
(2) the substantial burden affects, or removal of that 
substantial burden would affect, commerce with foreign nations, 
among the several States, or with Indian tribes. 
SEC. 4. JUDICIAL RELIEF. 
(a) CAUSE OF ACTION.—^A person may assert a violation of 
this Act 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. 
(b) BURDEN OF PERSUASION.—If a plaintiff produces prima facie 
evidence to support a claim alleging a violation of the Free Exercise 
Clause or a violation of section 2, the government shall bear the 
burden of persuasion on any element of the claim, except that 
the plaintiff shall bear the burden of persuasion on whether the 
law (including a regulation) or government practice that is chal-
lenged by the claim substantially burdens the plaintiffs exercise 
of religion. 
(c) FULL FAITH AND CREDIT.—^Adjudication of a claim of a 
violation of section 2 in a non-Federal forum shall not be entitled 
to full faith and credit in a Federal court unless the claimant 
had a full and fair adjudication of that claim in the non-Federal 
forum. 
(d) ATTORNEYS' FEES.—Section 722(b) of the Revised Statutes 
(42 U.S.C. 1988(b)) is amended— 
(1) by inserting "the Religious Land Use and Institutional-
ized Persons Act of 2000," after "Religious Freedom Restoration 
Act of 1993,"; and 
(2) by striking the comma that follows a comma. 
(e) PRISONERS.—Nothing in this Act shall be construed to 
amend or repeal the Prison Litigation Reform Act of 1995 (including 
provisions of law amended by that Act). 
PUBLIC LAW 106-274—SEPT. 22, 2000 
114 STAT. 805 
(f) AUTHORITY OF UNITED STATES TO ENFORCE THIS ACT.— 
The United States may bring an action for injunctive or declaratory 
relief to enforce compliance with this Act. Nothing in this subsection 
shall be construed to deny, impair, or otherwise affect any right 
or authority of the Attorney Gfeneral, the United States, or any 
agency, officer, or employee of the United States, acting under 
any law other than this subsection, to institute or intervene in 
any proceeding. 
(g) LIMITATION.—If the only jurisdictional basis for applying 
a provision of this Act is a claim that a substantial burden by 
a government on religious exercise affects, or that removal of that 
substantial burden would affect, commerce with foreign nations, 
among the several States, or with Indian tribes, the provision 
shall not apply if the government demonstrates that all substantial 
burdens on, or the removal of all substantial burdens from, similar 
religious exercise throughout the Nation would not lead in the 
aggregate to a substantial effect on commerce with foreign nations, 
among the several States, or with Indian tribes. 
SEC. 5. RULES OF CONSTRUCTION. 
42 USC 
(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.—Nothing in this Act 
shall create any basis for restricting or burdening religious exercise 
or for claims against a religious organization including any reli-
giously affiliated school or university, 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 a government to incur expenses in its own 
operations to avoid imposing a substantial burden on religious 
exercise. 
(d) OTHER AUTHORITY TO IMPOSE CONDITIONS ON FUNDING 
UNAFFECTED.—Nothing in this Act shall— 
(1) authorize a government to regulate or affect, 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) GOVERNMENTAL DISCRETION IN ALLEVIATING BURDENS ON 
RELIGIOUS EXERCISE.—^A government may avoid the preemptive 
force of any provision of this Act by changing the policy or practice 
that results in a substantial burden on religious exercise, by 
retaining the policy or practice and exempting the substantially 
burdened religious exercise, by providing exemptions from the policy 
or practice for applications that substantially burden religious exer-
cise, or by any other means that eliminates the substantial burden. 
(f) EFFECT ON OTHER LAW.—^With respect to a claim brought 
under this Act, proof that a substantial burden on a person's reli-
gious exercise affects, or removal of that burden would affect, com-
merce with foreign nations, among the several States, or with 
Indian tribes, shall not establish any inference or presumption 
114 STAT. 806 
PUBLIC LAW 106-274—SEPT. 22, 2000 
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2000CC-4. 
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2000CC-5. 
that Congress intends that any religious exercise is, or is not, 
subject to any law other than this Act. 
(g) BROAD CONSTRUCTION.—^This Act shall be construed in favor 
of a broad protection of religious exercise, to the maximum extent 
permitted by the terms of this Act and the Constitution. 
(h) No PREEMPTION OR REPEAL.—Nothing in this Act shall 
be construed to preempt State law, or repeal Federal law, that 
is equally as protective of religious exercise as, or more protective 
of religious exercise than, this Act. 
(i) SEVERABILITY.—If any provision of this Act or of an amend-
ment 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. ESTABUSHMENT CLAUSE UNAFFECTED. 
Nothing in this Act shall be construed to affect, interpret, 
or in any way address that portion of the first amendment to 
the Constitution prohibiting laws respecting 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 violation of this Act. 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 exemp-
tions. 
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. 
(a) DEFINITIONS.—Section 5 of the Religious Freedom Restora-
tion Act of 1993 (42 U.S.C. 2000bb-2) is amended— 
(1) in paragraph (1), by striking "a State, or a subdivision 
of a State" and inserting "or of a covered 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 "religious exercise, as defined in section 8 of the 
Religious Land Use and Institutionalized Persons Act of 2000.". 
(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. 
In this Act: 
(1) CLAIMANT.—The term 
"claimant" 
raising a claim or defense under this Act. 
(2) 
DEMONSTRATES.—^The term 
"demonstrates" 
means 
meets the burdens of going forward with the evidence and 
of persuasion. 
(3) FREE 
EXERCISE CLAUSE.—The term "Free Exercise 
Clause" means that portion of the first amendment to the 
Constitution that proscribes laws prohibiting the free exercise 
of religion. 
(4) GOVERNMENT.—The term "government"— 
(A) means— 
(i) a State, county, municipality, or other govern-
mental entity created under the authority of a State; 
means a person 
PUBLIC LAW 106-274—SEPT. 22, 2000 
114 STAT. 807 
(ii) any branch, department, agency, instrumen-
tality, or official of an entity listed in clause (i); and 
(iii) any other person acting under color of State 
law; and 
(B) for the purposes of sections 4(b) and 5, includes 
the 
United 
States, a branch, 
department, 
agency, 
instrumentality, or official of the United States, and any 
other person acting under color of Federal law. 
(5) LAND USE REGULATION.—The term "land use regulation" 
means a zoning or landmarking law, or the application of 
such a law, that limits or restricts a claimant's use or develop-
ment of land (including a structure affixed to land), if the 
claimant has an ownership, leasehold, easement, servitude, 
or other property interest in the regulated land or a contract 
or option to acquire such an interest. 
(6) PROGRAM OR ACTIVITY.—^The term "program or activity" 
means all of the operations of any entity as described in para-
graph (1) or (2) of section 606 of the Civil Rights Act of 1964 
(42 U.S.C. 2000d-4a). 
(7) RELIGIOUS EXERCISE.— 
(A) IN GENERAL.—^The 
term 
"religious 
exercise" 
includes any exercise of religion, whether or not compelled 
by, or central to, a system of religious belief. 
(B) RULE.—^The use, building, or conversion of real 
property for the purpose of religious exercise shall be 
considered to be religious exercise of the person or entity 
that uses or intends to use the property for that purpose. 
Approved September 22, 2000. 
LEGISLATIVE HISTORY—S. 2869: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 27, considered and passed Senate and House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Sept. 22, Presidential statement.