Religious Liberty Protection Act of 1999

Summary

Religious Liberty Protection Act of 1999 - Prohibits a government (defined as a State, an entity created under State authority, the United States, an instrumentality or official of the United States, or any person acting under color of State or Federal law) from substantially burdening a person's religious exercise: (1) in a government-operated program or activity receiving Federal financial assistance; or (2) in any case in which the burden affects, or in which removal of the burden would affect, international or interstate commerce or commerce with Indian tribes. Allows a substantial burden if the government demonstrates that it is the least restrictive means of furthering a compelling governmental interest. (Sec. 3) Places the burden of persuasion, when a claimant alleges a violation of the Free Exercise Clause or this Act, on: (1) the claimant regarding whether a substantial burden exists; and (2) the State regarding any other element of the claim. Prohibits a State, when applying a land use regulation or exemption in which the State has the authority to make individual assessments of proposed uses, from imposing a substantial burden unless the State demonstrates a that the burden is the least restrictive means of furthering a compelling governmental interest. Prohibits a State from: (1) imposing a land use regulation in a way that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions; (2) imposing a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination; or (3) unreasonably excluding or limiting from a jurisdiction assemblies or institutions principally devoted to religious exercise. Declares that adjudication of a claim of a violation of the Free Exercise Clause or this paragraph in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Empowers a person to assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government, with standing governed by general standing rules under article III of the Constitution. Amends Federal law to add a reference to the Religious Liberty Protection Act of 1998 (sic) to provisions allowing the award of attorney's fees. Applies the Prison Litigation Reform Act of 1995 to litigation under this Act by prisoners. Empowers the United States to sue for injunctive or declaratory relief to enforce this Act. (Sec. 5) Declares that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for burdening religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive government funding or assistance or of any person to receive government funding for a religious activity (but allows this Act to require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise); (4) 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 (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. Declares that this Act should be construed in favor of broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean conduct that constitutes the exercise of religion under the first amendment to the Constitution. Declares that: (1) the conduct need not be compulsory or central to a system of religious belief; and (2) the use, building, or converting of real property for religious exercise is itself religious exercise. (Sec. 8) Defines, for this Act, religious exercise to mean conduct that constitutes the exercise of religion under the first amendment to the Constitution. Declares that: (1) the conduct need not be compulsory or central to a system of religious belief; and (2) the use, building, or converting of real property for religious exercise is itself religious exercise.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 5 May 1999

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 5 May 1999

   Introduced

   Introduced in House

   Source: IntroReferral

3. 5 May 1999

   Introduced

   Introduced in House

   Source: IntroReferral

4. 7 May 1999

   Referred

   Referred to the Subcommittee on the Constitution.

   Source: Committee

5. 12 May 1999

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 26 May 1999

   Committee

   Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

   Source: Committee

7. 26 May 1999

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

8. 15 June 1999

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 23 June 1999

   Reported

   Ordered to be Reported (Amended) by Voice Vote.

   Source: Committee

10. 23 June 1999

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

11. 1 July 1999

    Calendars

    Placed on the Union Calendar, Calendar No. 125.

    Source: Calendars

12. 1 July 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-219.

    Source: Committee

13. 1 July 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-219.

    Source: Committee

14. 13 July 1999

    Reported

    Rules Committee Resolution H. Res. 245 Reported to House. Rule provides for consideration of H.R. 1691 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order. The amendment printed in the Congressional Record, if offered by Mr. Conyers or his designee, shall be considered as read and shall be separately debatable for one hour, equally divided and controlled.

    Source: Floor

15. 15 July 1999

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

16. 15 July 1999

    Vote

    On passage Passed by recorded vote: 306 - 118 (Roll no. 299).

    Source: Floor

17. 15 July 1999

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 306 - 118 (Roll no. 299).

    Source: Floor

18. 15 July 1999

    Floor

    The previous question was ordered on the amendment and the bill pursuant to the rule.

    Source: Floor

19. 15 July 1999

    Floor

    Rule provides for consideration of H.R. 1691 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order. The amendment printed in the Congressional Record, if offered by Mr. Conyers or his designee, shall be considered as read and shall be separately debatable for one hour, equally divided and controlled.

    Source: Floor

20. 15 July 1999

    Floor

    Considered under the provisions of rule H. Res. 245. (consideration: CR H5584-5608)

    Source: Floor

21. 15 July 1999

    Passed

    Rule H. Res. 245 passed House.

    Source: Floor

22. 16 July 1999

    Introduced

    Received in the Senate.

    Source: IntroReferral

23. 19 November 1999

    Floor

    See also S. 2869.

    Source: Floor

24. 19 November 1999

    Introduced

    Read twice and referred to the Committee on Judiciary.

    Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Referred in Senate · 19 November 1999 · Official file
• Engrossed in House · 15 July 1999 · Official file
• Reported in House · 1 July 1999 · Official file
• Introduced in House · 5 May 1999 · Official file

Documents

11 official files

• Referred in Senate (text)

  Referred in Senate · EN · 19 November 1999

  ViewDownloadOpen at official source

• Referred in Senate (PDF)

  Referred in Senate · EN · 19 November 1999

  ViewDownloadOpen at official source

• Engrossed in House (text)

  Engrossed in House · EN · 15 July 1999

  ViewDownloadOpen at official source

• Engrossed in House (PDF)

  Engrossed in House · EN · 15 July 1999

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 15 July 1999

  Open at official source

• Reported in House (text)

  Reported in House · EN · 1 July 1999

  ViewDownloadOpen at official source

• Reported in House (PDF)

  Reported in House · EN · 1 July 1999

  ViewDownloadOpen at official source

• Reported to House with amendment(s)

  summary · EN · 1 July 1999

  Open at official source

• Introduced in House (text)

  Introduced in House · EN · 5 May 1999

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 5 May 1999

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 5 May 1999

  Open at official source

Sponsors

• Rep. Canady, Charles T. [R-FL-12] · R · Sponsor
• Rep. Edwards, Chet [D-TX-17] · D · Sponsor
• Rep. Hyde, Henry J. [R-IL-6] · R · Sponsor
• Rep. Weiner, Anthony D. [D-NY-9] · D · Sponsor
• F. SENSENBRENNER · R · Sponsor
• Rep. Hutchinson, Asa [R-AR-3] · R · Sponsor
• GENE GREEN · D · Sponsor
• LAMAR SMITH · R · Sponsor
• Rep. Rogan, James E. [R-CA-27] · R · Sponsor
• COLLIN PETERSON · D · Sponsor
• Rep. Cannon, Chris [R-UT-3] · R · Sponsor
• Rep. Bentsen, Ken [D-TX-25] · D · Cosponsor
• Rep. Spratt, John M., Jr. [D-SC-5] · D · Cosponsor
• Rep. Hefley, Joel [R-CO-5] · R · Cosponsor
• Rep. Bachus, Spencer [R-AL-6] · R · Cosponsor
• Rep. Hall, Ralph M. [D-TX-4] · D · Cosponsor
• Rep. McKeon, Howard P. "Buck" [R-CA-25] · R · Cosponsor
• Rep. Taylor, Charles H. [R-NC-11] · R · Cosponsor
• Rep. English, Phil [R-PA-3] · R · Cosponsor
• Rep. Cook, Merrill [R-UT-2] · R · Cosponsor
• Rep. Stump, Bob [R-AZ-3] · R · Cosponsor
• Rep. Taylor, Gene [D-MS-5] · D · Cosponsor
• Rep. Emerson, Jo Ann [R-MO-8] · R · Cosponsor
• Rep. Morella, Constance A. [R-MD-8] · R · Cosponsor
• Rep. Wolf, Frank R. [R-VA-10] · R · Cosponsor
• PETER KING · R · Cosponsor
• Rep. Dickey, Jay [R-AR-4] · R · Cosponsor
• Rep. Norwood, Charles W. [R-GA-10] · R · Cosponsor
• Rep. Hastings, Doc [R-WA-4] · R · Cosponsor
• Rep. Riley, Bob [R-AL-3] · R · Cosponsor
• Rep. Shows, Ronnie [D-MS-4] · D · Cosponsor
• Rep. Weller, Jerry [R-IL-11] · R · Cosponsor
• Sen. Blunt, Roy [R-MO] · R · Cosponsor
• Rep. Green, Mark [R-WI-8] · R · Cosponsor
• Rep. Camp, Dave [R-MI-4] · R · Cosponsor
• Rep. Whitfield, Ed [R-KY-1] · R · Cosponsor
• Rep. Barrett, Bill [R-NE-3] · R · Cosponsor
• Sen. Coburn, Tom [R-OK] · R · Cosponsor
• Rep. Hall, Tony P. [D-OH-3] · D · Cosponsor
• GREG WALDEN · R · Cosponsor
• · ssju00 · Standing
• · hsju00 · Standing

Related records

• related to → Providing for consideration of the bill (H.R. 1691) to protect religious liberty.
• related to ← Religious Liberty Protection Act of 2000