text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Religious Land Use and 
  Institutionalized Persons Act of 2000''.
  
  SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.
  
      (a) Substantial Burdens.--
              (1) General rule.--No government shall impose or implement 
          a land use regulation in a manner that imposes a substantial 
          burden on the religious exercise of a person, including a 
          religious assembly or institution, unless the government 
          demonstrates 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 applicability; 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 assessments of the proposed uses for the 
                  property involved.
      (b) Discrimination and Exclusion.--
              (1) Equal terms.--No government shall impose or implement a 
          land use regulation in a manner that treats a religious 
          assembly or institution on less than equal terms with a 
          nonreligious assembly or institution.
              (2) Nondiscrimination.--No government shall impose or 
          implement a land use regulation that discriminates against 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 
                  jurisdiction; or
                      (B) unreasonably limits religious assemblies, 
                  institutions, 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 
          compelling 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 challenged by 
  the claim substantially burdens the plaintiff's 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 
          Institutionalized 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).
      (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 General, 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.
  
      (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 religiously 
  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 exercise, 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 religious 
  exercise affects, or removal of that burden would affect, commerce with 
  foreign nations, among the several States, or with Indian tribes, shall 
  not establish any inference or presumption 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'' means a person 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;
                              (ii) any branch, department, agency, 
                          instrumentality, 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 development 
          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 described in 
          paragraph (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.
target: Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, 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 compelling governmental interest. States that 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).
feat_title: Religious Land Use and Institutionalized Persons Act of 2000