Page:United States Statutes at Large Volume 114 Part 1.djvu/842

 114 STAT. 806 PUBLIC LAW 106-274—SEPT. 22, 2000 42 USC 2000CC-4. 42 USC 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 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, 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 exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) DEFINITIONS.— Section 5 of the Religious Freedom Restoration 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 governmental entity created under the authority of a State; means a person

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