II 

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. 

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 ‘‘Veterans’ Memorials, 

5 Boy Scouts, Public Seals, and Other Public Expressions 

6 of Religion Protection Act of 2006’’. 


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•S 3696 IS

1 SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST 

2 STATE AND LOCAL OFFICIALS. 

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

4 Section 1979 of the Revised Statutes of the United States 

5 (42 U.S.C. 1983) is amended— 

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

7 and 

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

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

10 section are limited to injunctive and declaratory relief 

11 where the deprivation consists of a violation of a prohibi12 tion in the Constitution against the establishment of reli13 gion, including a violation resulting from— 

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

15 words or imagery; 

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

17 words or imagery; 

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

19 in the official seals of the several States and the po20 litical subdivisions thereof; or 

21 ‘‘(4) the chartering of Boy Scout units by com22 ponents of States and political subdivisions, and the 

23 Boy Scouts’ using public buildings of States and po24 litical subdivisions.’’. 

25 (b) ATTORNEY’S FEES.—Section 722(b) of the Re26 vised Statutes of the United States (42 U.S.C. 1988(b)) 


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•S 3696 IS

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

2 no fees shall be awarded under this subsection with re3 spect to a claim described in subsection (b) of section 

4 1979.’’. 

5 SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE 

6 UNITED STATES AND FEDERAL OFFICIALS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, a court shall not award reasonable fees and 

9 expenses of attorneys to the prevailing party on a claim 

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

11 Constitution against the establishment of religion brought 

12 against the United States or any agency or any official 

13 of the United States acting in his or her official capacity 

14 in any court having jurisdiction over such claim, and the 

15 remedies with respect to such a claim shall be limited to 

16 injunctive and declaratory relief. 

17 (b) DEFINITION.—As used in this section, the term 

18 ‘‘a claim of injury consisting of the violation of a prohibi19 tion in the Constitution against the establishment of reli20 gion’’ includes a claim of injury resulting from— 

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

22 words or imagery; 

23 (2) a Federal building’s containing religious 

24 words or imagery; 


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1 (3) the presence of religious words or imagery 

2 in the official seal of the United States and in its 

3 currency and official Pledge; or 

4 (4) the chartering of Boy Scout units by com5 ponents of the Armed Forces of the United States 

6 and by other public entities, and the Boy Scouts’ 

7 using Department of Defense and other public in8 stallations. 

Æ 


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