II
110th CONGRESS
1st Session
S. 1393
IN THE SENATE OF THE UNITED STATES
May 15, 2007
Mr. Alexander (for himself, Mr. Cochran, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to prescribe the binding oath or affirmation of renunciation and allegiance required to be naturalized as a citizen of the United States, to encourage and support the efforts of prospective citizens of the United States to become citizens, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Strengthening American
Citizenship Act of 2007
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Learning English
Sec. 101. English fluency.
Sec. 102. Savings provision.
TITLE II—Education about the American way of life
Sec. 201. American citizenship grant program.
Sec. 202. Funding for the Office of Citizenship.
Sec. 203. Restriction on use of funds.
Sec. 204. Reporting requirement.
TITLE III—Codifying the oath of allegiance
Sec. 301. Oath or affirmation of renunciation and allegiance.
TITLE IV—Celebrating new citizens
Sec. 401. Establishment of new citizens award program.
Sec. 402. Naturalization ceremonies.
Definitions
In this Act:
Oath of allegiance
The term Oath of Allegiance means the binding oath (or affirmation) of allegiance required to be naturalized as a citizen of the United States, as prescribed in subsection (e) of section 337 of the Immigration and Nationality Act (8 U.S.C. 1448(e)), as added by section 301(a)(2).
Secretary
Except as otherwise provided, the term Secretary means the Secretary of Homeland Security.
Learning English
English fluency
Education grants
Establishment
The
Chief of the Office of Citizenship of the Department of Homeland Security
(referred to in this subsection as the Chief
) shall establish a
grant program to provide grants in an amount not to exceed $500 to assist
lawful permanent residents of the United States who declare an intent to apply
for citizenship in the United States to meet the requirements under section 312
of the Immigration and Nationality Act (8 U.S.C. 1423).
Use of funds
Grant funds awarded under this subsection shall be paid directly to an accredited institution of higher education or other qualified educational institution (as determined by the Chief) for tuition, fees, books, and other educational resources required by a course on the English language in which the lawful permanent resident is enrolled.
Application
A lawful permanent resident desiring a grant under this subsection shall submit an application to the Chief at such time, in such manner, and accompanied by such information as the Chief may reasonably require.
Priority
If insufficient funds are available to award grants to all qualified applicants, the Chief shall give priority based on the financial need of the applicants.
Notice
The Secretary, upon relevant registration of a lawful permanent resident with the Department of Homeland Security, shall notify such lawful permanent resident of the availability of grants under this subsection for lawful permanent residents who declare an intent to apply for United States citizenship.
Faster citizenship for English fluency
Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the following:
A lawful permanent resident of the United States who demonstrates English fluency, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of State, will satisfy the residency requirement under subsection (a) upon the completion of 4 years of continuous legal residency in the United States.
.
Savings provision
Nothing in this Act shall be construed to—
modify the English language requirements for naturalization under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)); or
influence the naturalization test redesign process of the Office of Citizenship of the United States Citizenship and Immigration Services (except for the requirement under section 301(b)).
Education about the American way of life
American citizenship grant program
In general
The Secretary shall establish a competitive grant program to provide financial assistance for—
efforts by entities (including veterans and patriotic organizations) certified by the Office of Citizenship of the Department of Homeland Security to promote the patriotic integration of prospective citizens into the American way of life by providing civics, history, and English as a second language courses, with a specific emphasis on attachment to principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance; and
other activities approved by the Secretary to promote the patriotic integration of prospective citizens and the implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including grants—
to promote an understanding of the form of government and history of the United States; and
to promote an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States.
Acceptance of gifts
The Secretary may accept and use gifts from the United States Citizenship Foundation, established under section 202(a), for grants under this section.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
Funding for the Office of Citizenship
Authorization
The Secretary, acting through the Director
of the Bureau of Citizenship and Immigration Services, is authorized to
establish the United States Citizenship Foundation (referred to in this section
as the Foundation
), an organization duly incorporated in the
District of Columbia, exclusively for charitable and educational purposes to
support the functions of the Office of Citizenship, which shall include the
patriotic integration of prospective citizens into—
American common values and traditions, including an understanding of the history of the United States and the principles of the Constitution of the United States; and
civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
Dedicated funding
In general
Not less than 1.5 percent of the funds made available to the Bureau of Citizenship and Immigration Services (including fees and appropriated funds) shall be dedicated to the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into—
American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and
civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
Sense of congress
It is the sense of Congress that dedicating increased funds to the Office of Citizenship should not result in an increase in fees charged by the Bureau of Citizenship and Immigration Services.
Gifts
To foundation
The Foundation may solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.
From foundation
The Office of Citizenship may accept gifts from the Foundation to support the functions of the Office.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the mission of the Office of Citizenship, including the patriotic integration of prospective citizens into—
American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and
civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
Restriction on use of funds
Amounts appropriated to carry out a program under this title may not be used to organize individuals for the purpose of political activism or advocacy.
Reporting requirement
The Chief of the Office of Citizenship shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate, and the Committee on Education and the Workforce and the Committee on the Judiciary of the House of Representatives, an annual report that contains—
a list of the entities that have received funds from the Office of Citizenship during the reporting period under this title and the amount of funding received by each such entity;
an evaluation of the extent to which grants received under this title and title I successfully promoted an understanding of—
the English language; and
American history and government, including the heroes of American history, the meaning of the Oath of Allegiance, and an attachment to the principles of the Constitution of the United States; and
information about the number of lawful permanent residents who were able to achieve the knowledge described under paragraph (2) as a result of the grants provided under this title and title I.
Codifying the oath of allegiance
Oath or affirmation of renunciation and allegiance
Revision of oath
Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended—
in subsection (a),
by striking under section 310(b) an oath
and all that follows
through personal moral code.
and inserting under section
310(b), the oath (or affirmation) of allegiance prescribed in subsection
(e).
; and
by adding at the end the following:
Subject to paragraphs
(2) and (3), the oath (or affirmation) of allegiance prescribed in this
subsection is as follows: I take this oath solemnly, freely, and without
any mental reservation. I absolutely and entirely renounce all allegiance to
any foreign state or power of which I have been a subject or citizen. My
fidelity and allegiance from this day forward are to the United States of
America. I will bear true faith and allegiance to the Constitution and laws of
the United States, and will support and defend them against all enemies,
foreign and domestic. I will bear arms, or perform noncombatant military or
civilian service, on behalf of the United States when required by law. This I
do solemnly swear, so help me God.
.
If a person, by reason of religious training and belief (or individual interpretation thereof) or for other reasons of good conscience, cannot take the oath prescribed in paragraph (1)—
with the term oath included, the term affirmation shall be substituted for the term oath; and
with the phrase so help me
God
included, the phrase so help me God
shall be
omitted.
If a person shows by clear and convincing evidence to the satisfaction of the Attorney General that such person, by reason of religious training and belief, cannot take the oath prescribed in paragraph (1)—
because such person is opposed to the
bearing of arms in the Armed Forces of the United States, the words bear
arms, or
shall be omitted; and
because such person is opposed to any
type of service in the Armed Forces of the United States, the words bear
arms, or
and noncombatant military or
shall be
omitted.
As used in this subsection, the term religious training and belief—
means a belief of an individual in relation to a Supreme Being involving duties superior to those arising from any human relation; and
does not include essentially political, sociological, or philosophical views or a merely personal moral code.
Any reference in this title to
oath
or oath of allegiance
under this section
shall be deemed to refer to the oath (or affirmation) of allegiance prescribed
under this
subsection.
.
History and government test
The Secretary shall incorporate a knowledge and understanding of the meaning of the Oath of Allegiance into the history and government test given to applicants for citizenship.
Notice to foreign embassies
Upon the naturalization of a new citizen, the Secretary, in cooperation with the Secretary of State, shall notify the embassy of the country of which the new citizen was a citizen or subject that such citizen has—
renounced allegiance to that foreign country; and
sworn allegiance to the United States.
Effective date
The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of the enactment of this Act.
Celebrating new citizens
Establishment of new citizens award program
Establishment
There is established a new citizens award program to recognize citizens who—
have made an outstanding contribution to the United States; and
are naturalized during the 10-year period ending on the date of such recognition.
Presentation authorized
In general
The President is authorized to present a medal, in recognition of outstanding contributions to the United States, to citizens described in subsection (a).
Maximum number of awards
Not more than 10 citizens may receive a medal under this section in any calendar year.
Design and striking
The Secretary of the Treasury shall strike a medal with suitable emblems, devices, and inscriptions, to be determined by the President.
National medals
The medals struck pursuant to this section are national medals for purposes of chapter 51 of title 31, United States Code.
Naturalization ceremonies
In general
The Secretary, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies.
Venues
In developing the strategy under this section, the Secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies.
Reporting requirement
The Secretary shall annually submit a report to Congress that contains—
the content of the strategy developed under this section; and
the progress made towards the implementation of such strategy.