[House Report 108-693]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-693

======================================================================



 
PROVIDING FOR CONSIDERATION OF H.R. 2028, PLEDGE PROTECTION ACT OF 2004

                                _______
                                

 September 21, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 781]

    The Committee on Rules, having had under consideration 
House Resolution 781, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2028, the 
Pledge Protection Act of 2004, under a structured rule. The 
rule provides one hour of general debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on the Judiciary. The rule waives all points of order 
against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
rule waives all points of order against the committee amendment 
in the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Sensenbrenner: Manager's Amendment. Clarifies that the 
local courts of the District of Columbia may consider cases 
relating to the Pledge of Allegiance. (10 minutes)
    2. Watt: Preserves the authority of the United States 
Supreme Court 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. (20 minutes)
    3. Jackson Lee: Provides for an exception to the bill's 
preclusion from federal courts of claims that involve 
allegations of coerced or mandatory recitation of the Pledge of 
Allegiance, including coercion in violation of the First 
Amendment. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


   1. An Amendment To Be Offered by Representative Sensenbrenner of 
          Wisconsin, or His Designee, Debatable for 10 Minutes

    In section 1632 of title 28, United States Code, as added 
by section 2(a) of the bill, insert the following after ``or 
its recitation.'': ``The limitation in this section shall not 
apply to the Superior Court of the District of Columbia or the 
District of Columbia Court of Appeals.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Watt of North Carolina, 
               or His Designee, Debatable for 20 Minutes

    In section 1632 of title 28, United States Code, as added 
by section 2(a) of the bill, strike ``, and the Supreme Court 
shall have no appellate jurisdiction,''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

    In section 1632 of title 28, United States Code, as added 
by section 2(a) of the bill, insert after ``recitation'' the 
following: ``, except in a case in which the claim involved 
alleges coerced or mandatory recitation of the Pledge of 
Allegiance, including coercion in violation of the protection 
of the free exercise of religion, such as that held to be in 
violation of the First Amendment in West Virginia State Board 
of Education v. Barnett, 319 U.S. 624, 638 (1943) and Circle 
School v. Pappert (No. 03-3285; 3rd Circuit, August 19, 
2004)''.

                                  
