(a) Cause of action
A person may assert a violation of this chapter 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 2000cc of this title, 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
(c) Full faith and credit
Adjudication of a claim of a violation of section 2000cc of this
title 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.
Nothing in this chapter 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 chapter
The United States may bring an action for injunctive or
declaratory relief to enforce compliance with this chapter. 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.
If the only jurisdictional basis for applying a provision of this
chapter 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.