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. AL-
EXANDER, 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. BAR-
RETT 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 pro-
tected expression of religion by State and local officials 
that results from the threat that potential litigants may 
seek damages and attorney’s fees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Expression of 
Religion Act of 2005’’. 
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 where the deprivation consists of a violation of a 
prohibition in the Constitution against the establishment 
of religion shall be limited to injunctive relief.’’. 
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(b) ATTORNEYS FEES.—Section 722(b) of the Re-
vised 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 re-
spect to a claim described in subsection (b) of section nine-
teen hundred and seventy nine.’’. 
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 prohibi-
tion in the Constitution against the establishment of reli-
gion, including, but not limited to, a violation resulting 
from— 
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‘‘(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 polit-
ical subdivisions thereof; or 
‘‘(4) the chartering of Boy Scout units by compo-
nents of States and political subdivisions, and the 
Boy Scouts’ using public buildings of States and po-
litical subdivisions.’’. 
(b) ATTORNEY’S FEES.—Section 722(b) of the Revised 
Statutes of the United States (42 U.S.C. 1988(b)) is amend-
ed 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 hun-
dred and seventy nine.’’. 
SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE 
UNITED STATES AND FEDERAL OFFICIALS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 
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the United States acting in his or her official capacity in 
any court having jurisdiction over such claim, and the rem-
edies with respect to such a claim shall be limited to injunc-
tive 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, but is not limited to, 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 cur-
rency and official Pledge; or 
(4) the chartering of Boy Scout units by compo-
nents 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. 
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 apply 
to any case that— 
(1) is pending on such date of enactment; or 
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