Page:United States Statutes at Large Volume 107 Part 2.djvu/537

 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 compelling 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 under article III of the Constitution. SEC. 4. ATTORNEYS FEES. (a) JUDICIAL PROCEEDINGS. —Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by inserting "the Reli^ous Freedom Restoration Act of 1993," before "or title Vl of the Civil Rights Act of 1964". (b) ADMINISTRATIVE PROCEEDINGS. —Section 504(b)(l)(C) 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 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 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 whether 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 prohibiting laws respecting the 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 42 USC 2000bb-2. 42 USC 2000bb-3. 42 USC 2000bb-4.

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