IB 

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. FORTUN ̃O, 

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 


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[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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Expression of 

5 Religion Act of 2005’’. 

6 SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST 

7 STATE AND LOCAL OFFICIALS. 

8 (a) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.— 

9 Section 1979 of the Revised Statutes of the United States 

10 (42 U.S.C. 1983) is amended— 

11 (1) by inserting ‘‘(a)’’ before the first sentence; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(b) The remedies with respect to a claim under this 

15 section where the deprivation consists of a violation of a 

16 prohibition in the Constitution against the establishment 

17 of religion shall be limited to injunctive relief.’’. 


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1 (b) ATTORNEYS FEES.—Section 722(b) of the Re2 vised Statutes of the United States (42 U.S.C. 1988(b)) 

3 is amended by adding at the end the following: ‘‘However, 

4 no fees shall be awarded under this subsection with re5 spect to a claim described in subsection (b) of section nine6 teen hundred and seventy nine.’’. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Veterans’ Memorials, 

9 Boy Scouts, Public Seals, and Other Public Expressions of 

10 Religion Protection Act of 2006’’. 

11 SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST 

12 STATE AND LOCAL OFFICIALS. 

13 (a) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.— 

14 Section 1979 of the Revised Statutes of the United States 

15 (42 U.S.C. 1983) is amended— 

16 (1) by inserting ‘‘(a)’’ before the first sentence; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(b) The remedies with respect to a claim under this 

20 section are limited to injunctive and declaratory relief 

21 where the deprivation consists of a violation of a prohibi22 tion in the Constitution against the establishment of reli23 gion, including, but not limited to, a violation resulting 

24 from— 


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1 ‘‘(1) a veterans’ memorial’s containing religious 

2 words or imagery; 

3 ‘‘(2) a public building’s containing religious 

4 words or imagery; 

5 ‘‘(3) the presence of religious words or imagery 

6 in the official seals of the several States and the polit7 ical subdivisions thereof; or 

8 ‘‘(4) the chartering of Boy Scout units by compo9 nents of States and political subdivisions, and the 

10 Boy Scouts’ using public buildings of States and po11 litical subdivisions.’’. 

12 (b) ATTORNEY’S FEES.—Section 722(b) of the Revised 

13 Statutes of the United States (42 U.S.C. 1988(b)) is amend14 ed by adding at the end the following: ‘‘However, no fees 

15 shall be awarded under this subsection with respect to a 

16 claim described in subsection (b) of section nineteen hun17 dred and seventy nine.’’. 

18 SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE 

19 UNITED STATES AND FEDERAL OFFICIALS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, a court shall not award reasonable fees and 

22 expenses of attorneys to the prevailing party on a claim 

23 of injury consisting of the violation of a prohibition in the 

24 Constitution against the establishment of religion brought 

25 against the United States or any agency or any official of 


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1 the United States acting in his or her official capacity in 

2 any court having jurisdiction over such claim, and the rem3 edies with respect to such a claim shall be limited to injunc4 tive and declaratory relief. 

5 (b) DEFINITION.—As used in this section, the term ‘‘a 

6 claim of injury consisting of the violation of a prohibition 

7 in the Constitution against the establishment of religion’’ 

8 includes, but is not limited to, a claim of injury resulting 

9 from— 

10 (1) a veterans’ memorial’s containing religious 

11 words or imagery; 

12 (2) a Federal building’s containing religious 

13 words or imagery; 

14 (3) the presence of religious words or imagery in 

15 the official seal of the United States and in its cur16 rency and official Pledge; or 

17 (4) the chartering of Boy Scout units by compo18 nents of the Armed Forces of the United States and 

19 by other public entities, and the Boy Scouts’ using 

20 Department of Defense and other public installations. 

21 SEC. 4. EFFECTIVE DATE. 

22 This Act and the amendments made by this Act take 

23 effect on the date of the enactment of this Act and apply 

24 to any case that— 

25 (1) is pending on such date of enactment; or 


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1 (2) is commenced on or after such date of enact2 ment. 

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.’’. 


PWALKER on PRODPC60 with BILLS

PWALKER on PRODPC60 with BILLS
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 

and attorney’s fees. threat that potential litigants may seek damages State and local officials that results from the stitutionally protected expression of religion by States to eliminate the chilling effect on the conSEPTEMBER 14, 2006 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 23:41 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2679.RH H2679

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