Public Expression of Religion Act of 2001

Public Expression of Religion Act of 2001 - Amends provisions regarding civil actions for deprivation of rights to specify that where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion, the remedy shall be limited to injunctive relief. Prohibits the award of attorney's fees with respect to such claims.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1273 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1273

  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.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2001

Mr. Hostettler (for himself, Mr. Wicker, Mr. Bartlett of Maryland, Mr. 
 Blunt, Mr. Radanovich, Mr. Peterson of Pennsylvania, Mr. Souder, Mr. 
 Smith of New Jersey, Mr. Pickering, Mr. Doolittle, Mr. Sessions, Mr. 
  Istook, Mr. Hefley, Mr. DeMint, Mr. Riley, Mr. Issa, Mr. Pitts, Mr. 
  Schaffer, Mr. Hayworth, Mr. Jones of North Carolina, Mr. Terry, Mr. 
 Akin, Mr. Hoekstra, Mr. Shows, Mr. Baker, Mr. Lewis of Kentucky, and 
 Mr. Smith of Texas) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

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                                 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.

    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 ``Public Expression of Religion Act of 
2001''.

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.''.
    (b) Attorneys 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 nineteen 
hundred and seventy nine.''.
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