[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2679 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2679

  To amend the Revised Statutes of the United States to eliminate the 
    chilling effect on the constitutionally protected expression of 
religion by State and local officials that results from the threat that 
       potential litigants may seek damages and attorney's fees.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

 Mr. Hostettler (for himself, Mr. Wamp, Mr. Norwood, Mr. Jenkins, Mr. 
Paul, Mr. Doolittle, Mr. Sodrel, Mr. Weldon of Florida, Mr. Alexander, 
  Mr. Bachus, Mr. Pitts, Mr. Inglis of South Carolina, Mr. Otter, Mr. 
Duncan, Mr. Jones of North Carolina, Mr. Kingston, Mr. Smith of Texas, 
 Mr. Bartlett of Maryland, Mr. Poe, and Mr. Barrett of South Carolina) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Revised Statutes of the United States to eliminate the 
    chilling effect on the constitutionally protected expression of 
religion by State and local officials that results from the threat that 
       potential litigants may seek damages and attorney's fees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Expression of Religion Act of 
2005''.

SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST STATE AND LOCAL 
              OFFICIALS.

    (a) Civil Action for Deprivation of Rights.--Section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983) is amended--
            (1) by inserting ``(a)'' before the first sentence; and
            (2) by adding at the end the following:
    ``(b) The remedies with respect to a claim under this section where 
the deprivation consists of a violation of a prohibition in the 
Constitution against the establishment of religion shall be limited to 
injunctive relief.''.
    (b) Attorneys Fees.--Section 722(b) of the Revised Statutes of the 
United States (42 U.S.C. 1988(b)) is amended by adding at the end the 
following: ``However, no fees shall be awarded under this subsection 
with respect to a claim described in subsection (b) of section nineteen 
hundred and seventy nine.''.
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