H.R. 4776House109th Congress (2005-2007)In Committee

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.

Introduced February 16, 2006

Legislative Activity

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2 earlier actions
HouseIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR E194)

February 17, 2006

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HouseIntro Referral

Introduced in House

February 16, 2006

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 16, 2006

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E194)

February 17, 2006

Floor Debate

24 members

What members said about H.R. 4776 on the floor

10 Republicans14 Democrats
Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Jun 28, 2006

Mr. Chairman, I move to strike the last word. Mr. Chairman, I yield to the gentleman from California (Mr. Rohrabacher). Mr. Chairman, I yield to the gentlewoman from California (Ms. Linda T.…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 28, 2006

Mr. Chairman, I thank the distinguished gentleman for yielding. Mr. Chairman, I think the focus of the debate has gone awry. You are right. It is not an immigration issue. It is a citizen issue. But…

Cliff Stearns
Rep. Cliff StearnsR-FL-6 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Since 1975, the Bilingual Election Assistance Provisions of the Voting Rights Act have forced States and…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I offer this amendment with Mr. Ramstad and other Members of this body. It is very simple.…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jun 28, 2006

Mr. Chairman, I appreciate the gentleman yielding the time; and I commend your efforts in this regard to limit the funding to this council and limit the funding, in essence, to the U.N. as well. This…

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Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. First of all, I want to make it clear, I am just reading this revised amendment. This should increase the…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise to offer this amendment, which will prevent individuals who are under investigation for human…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I believe our Nation needs to secure its points of entry and we need to do it now. Specifically, I believe we should prevent any additional countries…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, my amendment would prohibit any funds under this act to be used for the operation of the National Contact Center of the Equal Employment Opportunity…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · Jun 28, 2006

Mr. Chairman, I would like to associate myself with the comments of my colleague from Florida (Mr. Lincoln Diaz-Balart). Mr. Chairman, as Chair of the Congressional Asian Pacific American Caucus, I…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Jun 28, 2006

Mr. Chairman, I am here on the floor to present a different amendment. But I listened to the debate on this, and I am really amazed. This House voted overwhelming to require v-chips on television…

Tom Feeney
Rep. Tom FeeneyR-FL-24 · Jun 28, 2006

Mr. Chairman, I thank the chairman for yielding me time; and I especially thank him for his strong support for America's space program. The Weiner amendment would take $477 million from NASA's space…

Joseph Crowley
Rep. Joseph CrowleyD-NY-7 · Jun 28, 2006

Mr. Chairman, I rise in opposition to this mean spirited Amendment, which would prohibit any federal funds to be used in enforcing bilingual balloting. Let's be crystal clear, we are not talking…

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Bill Delahunt
Rep. Bill DelahuntD-MA-10 · Jun 28, 2006

Mr. Chairman, I rise to claim the time in opposition to the gentleman's amendment. Mr. Chairman, I yield myself such time as I may consume. It is unfortunate that the United States did not…

Lois Capps
Rep. Lois CappsD-CA-23 · Jun 28, 2006

Mr. Chairman, I am honored to support this amendment because it properly refocuses the mission of the Equal Employment Opportunity Commission. The goal is to ensure that all Americans are protected…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Jun 28, 2006

Mr. Chairman, I rise today in strong opposition to the amendment by the gentleman from Florida, Mr. Stearns. Mr. Chairman, the amendment before us seeks to disenfranchise millions of American…

John Shimkus
Rep. John ShimkusR-IL-19 · Jun 28, 2006

Mr. Chairman, I claim the time in opposition. Mr. Chairman, I have great respect for Dr. Gingrey. We have talked about this amendment prior to him bringing it up; and I know he is very, very sincere.…

Alan B. Mollohan
Rep. Alan B. MollohanD-WV-1 · Jun 28, 2006

Mr. Chairman, I move to strike the last word. Mr. Chairman, I yield to the gentleman from Georgia (Mr. Lewis). Mr. Chairman, I yield to the distinguished gentleman from Georgia (Mr. Scott). Mr.…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Jun 28, 2006

Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, when the legislation was passed, it was passed with the help of 70 bipartisan Senators. With that, we had many strong certainly gun…

Marilyn N. Musgrave
Rep. Marilyn N. MusgraveR-CO-4 · Jun 28, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment will prohibit any funds in this bill from being used to enforce the burdensome…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Jun 28, 2006

Mr. Chairman, I rise to claim the time in opposition to the amendment. Mr. Chairman, I yield myself such time as I may consume. I rise in opposition to the amendment of my good friend, whom I admire…

Daniel E. Lungren
Rep. Daniel E. LungrenR-CA-3 · Jun 28, 2006

I thank the gentleman for yielding. Let us be clear what this would do. The Nadler amendment would prohibit the FBI from using these NSLs to obtain any financial records or health records from health…

Loretta Sanchez
Rep. Loretta SanchezD-CA-47 · Jun 28, 2006

Mr. Chairman, I thank Chairman Wolf for agreeing to enter into this colloquy with me on the subject of intellectual property rights. Discussions of international trade and intellectual property…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-29 · Jun 28, 2006

Mr. Chairman, I thank the chairman for yielding, and I rise in opposition to this amendment, regrettably for my friend from New York. I also am a very strong supporter of the COPS program, like my…

Bill Text

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Introduced in HouseIssued February 16, 2006

I

109th CONGRESS

2d Session

H. R. 4776

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.

1.

Limitation on jurisdiction

(a)

In general

Chapter 99 of title 28, United States Code, is amended by adding at the end the following:

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.

.

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.

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.

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.

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.

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.