Veterans' Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006 - Amends the Revised Statutes of the United States to limit the remedy, in a civil action against a state or local official for deprivation of civil rights, to injunctive and declaratory relief and deny attorneys' fees where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion, including violations relating to: (1) religious words or imagery in veterans' memorials, public buildings, or official seals of states or their subdivisions; and (2) the chartering of Boy Scout units by states or their subdivisions and the Boy Scouts' using public buildings.
Imposes the same limits regarding such an action against the United States or any U.S. agency or official acting in his or her official capacity.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2679 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2679
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
_______________________________________________________________________
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
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.''.
(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.''.
<all>
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-657.
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-657.
Placed on the Union Calendar, Calendar No. 390.
Rules Committee Resolution H. Res. 1038 Reported to House. Rule provides for consideration of H.R. 2679 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
Rule H. Res. 1038 passed House.
Considered under the provisions of rule H. Res. 1038. (consideration: CR H7389-7404)
Rule provides for consideration of H.R. 2679 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
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DEBATE - The House proceeded with one hour of debate on H.R. 2679.
The previous question was ordered pursuant to the rule. (consideration: CR H7404)
POSTPONED PROCEEDINGS - At the conclusion of the debate on H.R. 2679, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Smith (TX) demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption until later in the legislative day.
Considered as unfinished business. (consideration: CR H7422-7423)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 244 - 173 (Roll no. 480).
Roll Call #480 (House)On passage Passed by the Yeas and Nays: 244 - 173 (Roll no. 480).
Roll Call #480 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.