[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4776 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 4776

To amend title 28, United States Code, with respect to the jurisdiction 
 of Federal courts over certain cases and controversies involving the 
   content of speech occurring during sessions of State legislative 
                    bodies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2006

    Mr. Sodrel (for himself, Mr. Burton of Indiana, Mr. Buyer, Mr. 
 Hostettler, Mr. Souder, Mr. Pence, Mr. McHenry, Mr. Barrett of South 
   Carolina, Mr. King of Iowa, Mr. Goode, Mr. Weldon of Florida, Mr. 
 Feeney, Mr. Garrett of New Jersey, Mr. Issa, Mr. Jindal, Mr. Kuhl of 
New York, Mr. Akin, Mrs. Myrick, Mr. Shadegg, Mrs. Musgrave, Mr. Pitts, 
  Mr. Poe, Mr. Culberson, Mr. Hensarling, Ms. Foxx, Mr. Conaway, Mr. 
  Gohmert, Mr. Cole of Oklahoma, Mr. Hayworth, Mr. Fortenberry, Mrs. 
 Schmidt, Mrs. Drake, Mr. Lewis of Kentucky, and Mr. Paul) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, with respect to the jurisdiction 
 of Federal courts over certain cases and controversies involving the 
   content of speech occurring during sessions of State legislative 
                    bodies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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
    ``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 or the validity, 
under the Constitution, of the content of speech of any member of a 
State legislative body or any individual invited by a State legislative 
body to speak before that body, when such speech occurs during the 
legislative session of that body.''.
    (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. 2. QUALIFIED IMMUNITY.

    Any person who is a member of a State legislative body, or who is 
invited by a State legislative body to speak before that body, other 
than as a witness, shall be immune from suit in any Federal court, and 
shall not be held liable under any law of the United States, on account 
of the content of speech occurring during the legislative session of 
that body, unless such speech constitutes treason, breach of peace, or 
an admission of guilt of a crime.

SEC. 3. USE OF FEDERAL FUNDS.

    No Federal funds shall be used for the purpose of enforcing any 
court order relating to the content of speech occurring during the 
legislative session of a State legislative body, unless such speech 
constitutes treason, breach of peace, or an admission of guilt of a 
crime.

SEC. 4. PROHIBITION OF FINES.

    No Federal court shall impose a fine on any State, State 
legislative body, member of a State legislative body, or individual 
invited by a State legislative body to speak before that body, other 
than as a witness, on account of the content of speech occurring during 
the legislative session of that body, unless such speech constitutes 
treason, breach of peace, or an admission of guilt of a crime.

SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.

    No provision of this Act, including any amendment made by this Act, 
shall be construed--
            (1) to supersede any State law or any rule of a State 
        legislative body; or
            (2) to limit the protections provided by any other 
        provision of this Act.

SEC. 6. SEVERABILITY.

    If any provision of this Act (including any amendment made by this 
Act), or any application thereof, is found unconstitutional, that 
finding shall not affect any provision or application of the Act not so 
adjudicated.
                                 <all>