[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4168 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4168

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2005

  Mr. Ryun of Kansas (for himself, Mr. Wilson of South Carolina, Mr. 
Tancredo, Mr. Neugebauer, Mr. Daniel E. Lungren of California, and Mr. 
   Forbes) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 ``Strengthening American Citizenship 
Act of 2005''.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) 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).
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.

                       TITLE I--LEARNING ENGLISH

SEC. 101. ENGLISH FLUENCY.

    (a) Education Grants.--
            (1) 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 legal 
        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).
            (2) 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 legal resident is enrolled.
            (3) Application.--A legal 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.
            (4) 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.
            (5) Notice.--The Secretary, upon relevant registration of a 
        legal resident with the Department of Homeland Security, shall 
        notify such legal resident of the availability of grants under 
        this subsection for legal residents who declare an intent to 
        apply for United States citizenship.
    (b) 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:
    ``(g) A legal 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.''.

SEC. 102. SAVINGS PROVISION.

    Nothing in this Act shall be construed to--
            (1) 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
            (2) 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) of this Act).

           TITLE II--EDUCATION ABOUT THE AMERICAN WAY OF LIFE

SEC. 201. AMERICAN CITIZENSHIP GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a competitive grant 
program to provide financial assistance for--
            (1) 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
            (2) 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--
                    (A) to promote an understanding of the form of 
                government and history of the United States; and
                    (B) 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.
    (b) Acceptance of Gifts.--The Secretary may accept and use gifts 
from the United States Citizenship Foundation, if the foundation is 
established under section 202(a), for grants under this section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 202. FUNDING FOR THE OFFICE OF CITIZENSHIP.

    (a) 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--
            (1) 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
            (2) civic traditions of the United States, including the 
        Pledge of Allegiance, respect for the flag of the United 
        States, and voting in public elections.
    (b) Dedicated Funding.--
            (1) 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--
                    (A) American common values and traditions, 
                including an understanding of American history and the 
                principles of the Constitution of the United States; 
                and
                    (B) civic traditions of the United States, 
                including the Pledge of Allegiance, respect for the 
                flag of the United States, and voting in public 
                elections.
            (2) 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.
    (c) Gifts.--
            (1) 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.
            (2) From foundation.--The Office of Citizenship may accept 
        gifts from the Foundation to support the functions of the 
        Office.
    (d) 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--
            (1) American common values and traditions, including an 
        understanding of American history and the principles of the 
        Constitution of the United States; and
            (2) civic traditions of the United States, including the 
        Pledge of Allegiance, respect for the flag of the United 
        States, and voting in public elections.

SEC. 203. RESTRICTION ON USE OF FUNDS.

    No funds appropriated to carry out a program under this title may 
be used to organize individuals for the purpose of political activism 
or advocacy.

SEC. 204. 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--
            (1) 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;
            (2) an evaluation of the extent to which grants received 
        under this title and title I successfully promoted an 
        understanding of--
                    (A) the English language; and
                    (B) 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
            (3) information about the number of legal 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.

              TITLE III--CODIFYING THE OATH OF ALLEGIANCE

SEC. 301. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

    (a) Revision of Oath.--Section 337 of the Immigration and 
Nationality Act (8 U.S.C. 1448) is amended--
            (1) 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
            (2) by adding at the end the following new subsection:
    ``(e)(1) 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.'.
    ``(2) 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)--
            ``(A) with the term `oath' included, the term `affirmation' 
        shall be substituted for the term `oath'; and
            ``(B) with the phrase `so help me God' included, the phrase 
        `so help me God' shall be omitted.
    ``(3) 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)--
            ``(A) 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
            ``(B) 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.
    ``(4) As used in this subsection, the term `religious training and 
belief'--
            ``(A) means a belief of an individual in relation to a 
        Supreme Being involving duties superior to those arising from 
        any human relation; and
            ``(B) does not include essentially political, sociological, 
        or philosophical views or a merely personal moral code.
    ``(5) 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.''.
    (b) 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.
    (c) 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--
            (1) renounced allegiance to that foreign country; and
            (2) sworn allegiance to the United States.
    (d) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 6 months after the date of enactment of 
this Act.

                   TITLE IV--CELEBRATING NEW CITIZENS

SEC. 401. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

    (a) Establishment.--There is established a new citizens award 
program to recognize citizens who--
            (1) have made an outstanding contribution to the United 
        States; and
            (2) were naturalized during the 10-year period ending on 
        the date of such recognition.
    (b) Presentation Authorized.--
            (1) 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).
            (2) Maximum number of awards.--Not more than 10 citizens 
        may receive a medal under this section in any calendar year.
    (c) Design and Striking.--The Secretary of the Treasury shall 
strike a medal with suitable emblems, devices, and inscriptions, to be 
determined by the President.
    (d) National Medals.--The medals struck pursuant to this section 
are national medals for purposes of chapter 51 of title 31, United 
States Code.

SEC. 402. NATURALIZATION CEREMONIES.

    (a) In General.--The Secretary of Homeland Security, 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.
    (b) 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.
    (c) Reporting Requirement.--The Secretary of Homeland Security 
shall annually submit a report to Congress that contains--
            (1) the content of the strategy developed under this 
        section; and
            (2) the progress made towards the implementation of such 
        strategy.
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