[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 425 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 425
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.
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IN THE HOUSE OF REPRESENTATIVES
January 20, 2023
Mr. Johnson of Louisiana (for himself, Mr. Gaetz, Mr. Biggs, and Mr.
Weber 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 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 ``History and Tradition Protection Act
of 2023''.
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, but not limited to, a
violation resulting from--
``(1) any monument, memorial, statue, or other figure
containing religious words, imagery, or symbolism;
``(2) a public building containing religious words,
imagery, or symbolism;
``(3) the presence of religious words, imagery, or
symbolism in the official seals and flags of the several States
and the political subdivision thereof; or
``(4) religious expression in the context of the
proceedings of any deliberative body or division of any State
or deliberative body or division of the several States.''.
(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 nineteen
hundred and seventy nine.''.
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, but is not limited
to, a claim of injury resulting from--
(1) any monument, memorial, statue, or other figure
containing religious words, imagery, or symbolism;
(2) a Federal building containing religious words, imagery,
or symbolism;
(3) the presence of religious words, imagery, or symbolism
in the official seal of the United States and in its currency
and official Pledge; or
(4) religious expression in the context of the proceedings
of any deliberative body or division of the legislative or
executive branches of the United States.
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
(2) is commenced on or after such date of enactment.
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