Browse Arkansas Code titles and sections
42 U.S.C. § 2000bb — Congressional findings and declaration of purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
**(b) Purposes** The purposes of this chapter are—
(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: bc81c44222f8294e462a346fbf7c4e58d8ee1bad28d78e175b91c3b63a126e72. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_c622a5beb7eed89396bcd3da
Source file: Laws/federal/codes/united-states-code/title-42/section-2000bb-congressional-findings-and-declaration-of-purposes--3d659df1ba.md
Pages: Not recorded – Not recorded
Passage SHA-256: de81d57afbed2f064a1b3379b9f27ceaf6428ee48f654909be2ce5cfe039e968
Source location: Title 42, Chapter 21B, § 2000bb; chapter-21b-religious-freedom-restoration.md
Stored source content
**(a) Findings** The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
**(b) Purposes** The purposes of this chapter are—
(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.
(2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.
(3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 504
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of statutory and common law** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
**(b) Attorney’s fees** In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], the Religious Freedom Restoration Act of 1993 [[42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [[42 U.S.C. 2000cc](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) et seq.], title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1988
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Access** The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]).
**(b) Temporary closure**
(1) **In general** — In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
(2) **Limitation** — In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
**(c) Study**
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are loc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410aaa–75
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declarations** The Congress finds and declares that—
(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures;
(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation;
(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies;
(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and
(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment.
**(b) Use, possession, or transportation of peyote**
(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1996a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity;
(2) the term “covered entity” means 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 religious exercise, as defined in [section 2000cc–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc-5&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb–2
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993.
**(b) Rule of construction** Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.
**(c) Religious belief unaffected** Nothing in this chapter shall be construed to authorize any government to burden any religious belief.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb–3
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter 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 chapter. As used 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb–4
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this subchapter. Regulations issued under this section shall be in conformity with the standards and limitations of subchapter II of chapter 5 of title 5.
**(b)** In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this subchapter if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this subchapter regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e–12
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5319
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000bb
(2) a requirement that the least intrusive
method or means of obtaining such materials
be used which do not substantially jeopardize
the availability or usefulness of the materials
sought to be obtained;
(3) a recognition of special concern for pri-
vacy interests in cases in which a search or
seizure for such documents would intrude upon
a known confidential relationship such as that
which may exist between clergyman and pa-
rishioner; lawyer and client; or doctor and pa-
tient; and
(4) a requirement that an application for a
warrant to conduct a search governed by this
subchapter be approved by an attorney for the
government, except that in an emergency situ-
ation the application may be approved by an-
other appropriate supervisory official if within
24 hours of such emergency the appropriate
United States Attorney is notified.
(b) Use of search warrants; reports to Congress
The Attorney General shall collect and com-
pile information on, and report annually to the
Committees on the Judiciary of the Senate and
the House of Representatives on the use of
search warrants by Federal officers and employ-
ees for documentary materials described in sub-
section (a)(3).
(Pub. L. 96–440, title II, § 201, Oct. 13, 1980, 94
Stat. 1882.)
§ 2000aa–12. Binding nature of guidelines; dis-
ciplinary actions for violations; legal pro-
ceedings for non-compliance prohibited
Guidelines issued by the Attorney General
under this subchapter shall have the full force
and effect of Department of Justice regulations
and any violation of these guidelines shall make
the employee or officer involved subject to ap-
propriate administrative disciplinary action.
However, an issue relating to the compliance, or
t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000bb
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.