[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Referred in Senate (RFS)]

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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.