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H.R. 2389 (109th): Pledge Protection Act of 2005


The text of the bill below is as of Aug 4, 2006 (Referred to Senate Committee). The bill was not enacted into law.


HR 2389 RFS

109th CONGRESS

2d Session

H. R. 2389

IN THE SENATE OF THE UNITED STATES

July 20, 2006

Received

August 4 (legislative day, AUGUST 3), 2006

Read twice and referred to the Committee on the Judiciary


AN ACT

To amend title 28, United States Code, with respect to the jurisdiction of Federal courts over certain cases and controversies involving the Pledge of Allegiance.

    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 `Pledge Protection Act of 2005'.

SEC. 2. LIMITATION ON JURISDICTION.

    (a) In General- Chapter 99 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 1632. Limitation on jurisdiction

    `(a) Except as provided in subsection (b), no court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance, as defined in section 4 of title 4, or its recitation.

    `(b) The limitation in subsection (a) does not apply to--

      `(1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or

      `(2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals;'.

    (b) Clerical Amendment- The table of sections at the beginning of chapter 99 of title 28, United States Code, is amended by adding at the end the following new item:

      `1632. Limitation on jurisdiction.'.

SEC. 3. 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.

Passed the House of Representatives July 19, 2006.

Attest:

KAREN L. HAAS,

Clerk.