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







                                                 Union Calendar No. 390
109th CONGRESS
  2d Session
                                H. R. 2679

                          [Report No. 109-657]

  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.


_______________________________________________________________________


                    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

                           September 14, 2006

Additional sponsors: Mr. Herger, Mr. Ramstad, Mr. Gingrey, Mr. King of 
Iowa, Mr. Goode, Mr. McCotter, Mrs. Musgrave, Mr. Marchant, Mr. Jindal, 
Mr. Wilson of South Carolina, Mr. Kline, Mr. McCaul of Texas, Mr. Deal 
of Georgia, Mr. Franks of Arizona, Mr. Beauprez, Mr. Pence, Mr. Platts, 
Mr. Radanovich, Mr. Moran of Kansas, Mr. Ryun of Kansas, Mr. Tancredo, 
   Mr. Miller of Florida, Mrs. Cubin, Mr. Saxton, Mr. Bradley of New 
    Hampshire, Mr. Rahall, Mrs. Emerson, Mr. Hunter, Mr. Akin, Mr. 
 Pickering, Mr. Blunt, Mr. Tiahrt, Ms. Foxx, Mr. Souder, Mr. Bass, Mr. 
Calvert, Mr. Chabot, Mr. Feeney, Mr. Bonner, Mr. Garrett of New Jersey, 
   Mr. Hayes, Mr. Kennedy of Minnesota, Ms. Harris, Mr. Hefley, Mr. 
               Fortuno, Mrs. Schmidt, and Mr. Fortenberry

                           September 14, 2006

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Public Expression of 
Religion Act of 2005''.</DELETED>

<DELETED>SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST STATE AND 
              LOCAL OFFICIALS.</DELETED>

<DELETED>    (a) Civil Action for Deprivation of Rights.--Section 1979 
of the Revised Statutes of the United States (42 U.S.C. 1983) is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(a)'' before the first 
        sentence; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Memorials, Boy Scouts, 
Public Seals, and Other Public Expressions of Religion Protection Act 
of 2006''.

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 are 
limited to injunctive and declaratory relief where the deprivation 
consists of a violation of a prohibition in the Constitution against 
the establishment of religion, including, but not limited to, a 
violation resulting from--
            ``(1) a veterans' memorial's containing religious words or 
        imagery;
            ``(2) a public building's containing religious words or 
        imagery;
            ``(3) the presence of religious words or imagery in the 
        official seals of the several States and the political 
        subdivisions thereof; or
            ``(4) the chartering of Boy Scout units by components of 
        States and political subdivisions, and the Boy Scouts' using 
        public buildings of States and political subdivisions.''.
    (b) Attorney's 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.''.

SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE UNITED STATES AND 
              FEDERAL OFFICIALS.

    (a) In General.--Notwithstanding any other provision of law, a 
court shall not award reasonable fees and expenses of attorneys to the 
prevailing party on a claim of injury consisting of the violation of a 
prohibition in the Constitution against the establishment of religion 
brought against the United States or any agency or any official of the 
United States acting in his or her official capacity in any court 
having jurisdiction over such claim, and the remedies with respect to 
such a claim shall be limited to injunctive and declaratory relief.
    (b) Definition.--As used in this section, the term ``a claim of 
injury consisting of the violation of a prohibition in the Constitution 
against the establishment of religion'' includes, but is not limited 
to, a claim of injury resulting from--
            (1) a veterans' memorial's containing religious words or 
        imagery;
            (2) a Federal building's containing religious words or 
        imagery;
            (3) the presence of religious words or imagery in the 
        official seal of the United States and in its currency and 
        official Pledge; or
            (4) the chartering of Boy Scout units by components of the 
        Armed Forces of the United States and by other public entities, 
        and the Boy Scouts' using Department of Defense and other 
        public installations.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the 
date of the enactment of this Act and apply to any case that--
            (1) is pending on such date of enactment; or
            (2) is commenced on or after such date of enactment.
            Amend the title so as to read: ``A bill to amend the 
        Revised Statutes of the United States to prevent the use of the 
        legal system in a manner that extorts money from State and 
        local governments, and the Federal Government, and inhibits 
        such governments' constitutional actions under the first, 
        tenth, and fourteenth amendments.''.
                                                 Union Calendar No. 390

109th CONGRESS

  2d Session

                               H. R. 2679

                          [Report No. 109-657]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 14, 2006

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed