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.
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 `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 prohibition in the Constitution against the establishment
of religion, including a violation resulting from--
`(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 political subdivisions thereof; or
`(4) the chartering of Boy Scout units by components of States and political
subdivisions, and the Boy Scouts' using public buildings of States and
political subdivisions.'.
(b) Attorney's 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 1979.'.
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 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 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) 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 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 currency and official Pledge; or
(4) the chartering of Boy Scout units by components 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.
END
