[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3696 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3696

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2006

  Mr. Brownback (for himself and Mr. DeMint) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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.

    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 ``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 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 1979.''.

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 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.
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