[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1613 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1613

To amend the Revised Statutes of the United States to provide for legal 
protection against frivolous lawsuits directed at statutes prohibiting 
   picketing at military and other funerals, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2007

Mr. Tiahrt (for himself, Mr. Linder, Mr. Wilson of South Carolina, Mr. 
  Pitts, Mr. English of Pennsylvania, Mr. Ryan of Wisconsin, and Mr. 
    Garrett of New Jersey) 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 provide for legal 
protection against frivolous lawsuits directed at statutes prohibiting 
   picketing at military and other funerals, and for other purposes.

    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 ``Sons and Daughters of America Act''.

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 the right to freedom of speech secured by 
the Constitution, and such violation is the result of a statute, 
ordinance, regulation, custom, or usage which prohibits or restricts 
picketing, protesting, or demonstrating at a funeral or any other 
ceremony, procession, or memorial service held in connection with the 
burial or cremation of the dead.''.
    (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.''.

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 described in subsection (b) 
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) Claims to Which Limitations Apply.--Subsection (a) shall apply 
with respect to any claim of injury consisting of the violation of the 
right to freedom of speech secured by the Constitution, if such 
violation is the result of a statute, ordinance, regulation, custom, or 
usage which prohibits or restricts picketing, protesting, or 
demonstrating at a funeral or any other ceremony, procession, or 
memorial service held in connection with the burial or cremation of the 
dead.

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 shall apply to any case that--
            (1) is pending on such date of enactment; or
            (2) is commenced on or after such date of enactment.
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