[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5365 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5365

        To limit the relief available to persons who have been 
  unconstitutionally prohibited from protesting at military and other 
                               funerals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2010

 Mr. Tiahrt (for himself, Mr. Duncan, and Mr. Lamborn) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To limit the relief available to persons who have been 
  unconstitutionally prohibited from protesting at military and other 
                               funerals.

    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 referred to as the ``Sons and Daughters of America 
Act''.

SEC. 2. LIMITATIONS ON LIABILITY TO FUNERAL PROTESTORS UNDER THE 
              REVISED STATUTES.

    (a) Relief in Civil Action.--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 new subsection:
    ``(b) The party injured shall not be granted any relief other than 
injunctive or declaratory relief in a proceeding for redress under 
subsection (a) for an injury referred to in this subsection. The injury 
referred to in this subsection is a deprivation of the right to freedom 
of speech secured by the Constitution, if the deprivation is under 
authority of a statute, ordinance, regulation, custom, or usage that 
prohibits or restricts picketing, protesting, or demonstration at or in 
proximity to a funeral or any other ceremony, procession, or memorial 
service held in connection with the burial or cremation of the dead.''.
    (b) Attorney's Fee.--Section 722(b) of the Revised Statutes of the 
United States (42 U.S.C. 1988(b)) is amended--
            (1) by inserting an em dash after ``except that'';
            (2) by designating the matter beginning with ``in any 
        action brought against a judicial officer'' and all that 
        follows as a new paragraph (1);
            (3) in paragraph (1) (as designated by paragraph (2) of 
        this subsection), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding after such paragraph the following new 
        paragraph:
            ``(2) an attorney's fee shall not be awarded in an action 
        or proceeding to which section 1979(b) applies.''.

SEC. 3. LIMITATIONS ON LIABILITY OF THE UNITED STATES AND FEDERAL 
              OFFICIALS TO FUNERAL PROTESTORS.

    Notwithstanding any other provision of law, a court shall not grant 
any relief other than injunctive or declaratory relief, and shall not 
award fees or expenses of attorneys to the prevailing party, on a claim 
that--
            (1) is brought against the United States, a department or 
        agency of the United States, or an official of the United 
        States acting in his or her official capacity; and
            (2) alleges an injury referred to in section 1979(b) of the 
        Revised Statutes of the United States (42 U.S.C. 1983(b)).

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply to any 
case that--
            (1) is pending on the date of enactment of this Act; or
            (2) commences on or after the date of enactment of this 
        Act.
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