[House Report 107-595]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-595
======================================================================
CONFERRING HONORARY CITIZENSHIP OF THE UNITED STATES POSTHUMOUSLY ON
MARIE JOSEPH PAUL YVES ROCHE GILBERT DU MOTIER, THE MARQUIS DE
LAFAYETTE
_______
July 19, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S.J. Res. 13]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
joint resolution (S.J. Res. 13) conferring honorary citizenship
of the United States on Paul Yves Roch Gilbert du Motier, also
known as the Marquis de Lafayette, having considered the same,
reports favorably thereon with amendments and recommends that
the joint resolution as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Vote of the Committee............................................ 4
Committee Oversight Findings..................................... 4
Performance Goals and Objectives................................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Constitutional Authority Statement............................... 5
Preamble and Resolved Clause Analysis and Discussion............. 5
Markup Transcript................................................ 6
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
``That Marie Joseph Paul Yves Roche Gilbert du Motier, the
Marquis de Lafayette, is proclaimed posthumously to be an
honorary citizen of the United States of America.''.
Strike the preamble and insert the following:
Whereas the United States has conferred honorary citizenship on
four other occasions in more than 200 years of its
independence, and honorary citizenship is and should
remain an extraordinary honor not lightly conferred nor
frequently granted;
Whereas Marie Joseph Paul Yves Roche Gilbert du Motier, the
Marquis de Lafayette or General Lafayette, voluntarily
put forth his own money and risked his life for the
freedom of Americans;
Whereas the Marquis de Lafayette, by an Act of Congress, was
voted to the rank of Major General;
Whereas, during the Revolutionary War, General Lafayette was
wounded at the Battle of Brandywine, demonstrating
bravery that forever endeared him to the American
soldiers;
Whereas the Marquis de Lafayette secured the help of France to
aid the United States' colonists against Great Britain;
Whereas the Marquis de Lafayette was conferred the honor of
honorary citizenship by the Commonwealth of Virginia
and the State of Maryland;
Whereas the Marquis de Lafayette was the first foreign
dignitary to address Congress, an honor which was
accorded to him upon his return to the United States in
1824;
Whereas, upon his death, both the House of Representatives and
the Senate draped their chambers in black as a
demonstration of respect and gratitude for his
contribution to the independence of the United States;
Whereas an American flag has flown over his grave in France
since his death and has not been removed, even while
France was occupied by Nazi Germany during World War
II; and
Whereas the Marquis de Lafayette gave aid to the United States
in her time of need and is forever a symbol of freedom:
Now, therefore, be it
Amend the title so as to read:
Joint Resolution conferring honorary citizenship of the
United States posthumously on Marie Joseph Paul Yves Roche
Gilbert du Motier, the Marquis de Lafayette.
Purpose and Summary
The purpose of Senate Joint Resolution 13 is to confer
honorary United States citizenship upon Marie Joseph Paul Yves
Roche Gilbert du Motier, the Marquis de Lafayette, in
recognition of his many contributions to, and sacrifices for,
the cause of American independence and his support of the
principles of representative government.
Background and Need for the Legislation
American citizenship is the highest honor that our country
can confer upon a person who is a citizen of another land. The
granting of an honorary citizenship is the admission and
welcoming of that person into our national family. Honorary
United States citizenship has only been bestowed on individuals
four times in our history. As stated by this Committee in the
past, any decision to grant honorary citizenship is unique and
cannot be treated as a precedent.
It should also be noted that ``honorary citizenship'' is a
symbolic gesture. It does not grant any additional legal rights
in the United States or in international law. It also does not
impose additional duties or responsibilities, in the United
States or internationally, on the honoree.
This resolution contains statements defining the
extraordinary act of conferring honorary citizenship and
acknowledging the many efforts made by the Marquis de Lafayette
which are the basis for granting him honorary United States
citizenship.
In line with the above statements, the resolution notes
that the United States has conferred honorary citizenship on
only four occasions in the last two hundred years, and that
honorary citizenship is and should always be an extraordinary
honor not lightly conferred and rarely given.
The resolution acknowledges the Marquis de Lafayette put
forth his own money and risked his life for the freedom of
Americans; that he was voted to the rank of Major General by
the Congress; that General Lafayette was wounded at the Battle
of Brandywine during the Revolutionary War, demonstrating
bravery that forever endeared him to the American soldiers;
that the Marquis de Lafayette secured the help of France to aid
the United States' colonists against Great Britain; that the
Marquis de Lafayette was conferred the honor of honorary
citizenship by the Commonwealth of Virginia and the State of
Maryland; that in 1824, the Marquis de Lafayette was the first
foreign dignitary to address Congress; that upon his death,
both the House of Representatives and the Senate draped their
chambers in black as a demonstration of respect and gratitude
for his contribution to the independence of the United States;
that an American flag has flown over his grave in France since
his death and has not been removed, even while France was
occupied by Nazi Germany during World War II; and that the
Marquis de Lafayette gave aid to the United States in her time
of need and is forever a symbol of freedom.
The Marquis de Lafayette was granted citizenship by the
States of Maryland and Virginia before the Constitution was
adopted. In 1935, a State Department letter addressed the
question of whether the citizenship conferred by these States
could be interpreted to have ultimately resulted in the Marquis
de Lafayette being a United States citizen. Their determination
was that it did not. The State Department provided an excerpt
from the Journals of the Continental Congress in 1784 which
stated in the Congress' farewell to the Marquis that ``as his
uniform and unceasing attachment to this country has resembled
that of a patriotic citizen of the United States . . .
[emphasis added]'' as proof that the citizenship was no
considered to have translated to a Federal level.
It came to the attention of the Committee that the Marquis
de Lafayette's name, as stated in S.J. Res. 13 and as passed by
the Senate, was not correct. An amendment was adopted by the
Committee to place the Marquis' correct name in the bill.
The amendment also added the word ``posthumously'' to the
language concerning the granting of honorary citizenship. This
is in line with previous legislation granting honorary
citizenship to a deceased individual.
Hearings
No hearings were held on S.J. Res. 13.
Committee Consideration
On April 17, 2002, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
resolution S.J. Res. 13, by a voice vote, a quorum being
present. On July 17, 2002, the Committee met in open session
and ordered favorably reported the resolution with amendment by
voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes taken on S.J. Res. 13.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
S.J.Res. 13 does not authorize funding. Therefore, clause
3(c) of rule XIII of the Rules of the House of Representatives
is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the resolution, S.J.Res. 13, the following estimate
and comparison prepared by the Director of the Congressional
Budget Office under section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 19, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S.J. Res. 13, a joint
resolution conferring honorary citizenship of the United States
posthumously on Marie Joseph Paul Yves Roche Gilbert du Motier,
also known as the Marquis de Lafayette.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
S.J. Res. 13--A joint resolution conferring honorary citizenship of the
United States posthumously on Marie Joseph Paul Yves Roche
Gilbert du Motier, also known as the Marquis de Lafayette.
The Congressional Budget Office has reviewed S.J. Res. 13,
a joint resolution conferring honorary citizenship of the
United States posthumously on Marie Joseph Paul Yves Roche
Gilbert du Motier, also known as the Marquis de Lafayette. CBO
estimates that enacting S.J. Res. 13 would result in no
significant cost to the Federal Government and would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S.J. Res. 13 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would not affect the budgets of State, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clause 4 of the
Constitution.
Preamble and Resolved Clause Analysis and Discussion
The Preamble states that the United States has granted
honorary citizenship only four times in its history and that
the granting on honorary citizenship is extraordinary and not
lightly given. It states that the Marquis gave monetary support
and risked his life for a free America. It declares that he was
voted the rank of Major General by an Act of Congress and was
wounded at the Battle of Brandywine during an act of bravery.
Additionally, the Marquis convinced France to side with the
United States against Great Britain. The Preamble acknowledges
that the Marquis was granted honorary citizenship by Virginia
and Maryland, and was the first foreign dignity to address
Congress and addressed Congress again in 1824. The Preamble
states that upon his death, both Houses of Congress draped
their chambers in black to express their respect for his
contribution to the United States and that an American flag has
continually flown over his grave in France since his death.
Finally, the Preamble recognizes the Marquis de Lafayette's aid
to the United States and the fact that he is a symbol of
freedom.
The Resolved clause proclaims the Marquis de Lafayette to
be an honorary citizen of the United States.
Markup Transcript
BUSINESS MEETING
WEDNESDAY, JULY 17, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order.
The first item on the agenda is the adoption of Senate
Joint Resolution 13, conferring honorary citizenship of the
United States on Paul Yves Roche Gilbert du Motier, also known
as the Marquis de Lafayette. The Chair recognizes the gentleman
from Pennsylvania, Mr. Gekas, for a motion.
Mr. Gekas. I thank the Chair.
Mr. Chairman, the Subcommittee on Immigration, Border
Security, and Claims reports favorably the bill S.J. Res. 13
and moves its favorable recommendation to the full House.
Chairman Sensenbrenner. Without objection, S.J. Res. 13
will be considered as read and open for amendment at any point.
[The resolution, S.J. Res. 13, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Pennsylvania, Mr. Gekas, to strike the last word.
Mr. Gekas. I thank the Chair.
As the Chairman indicated, this has to do with Paul Yves
Roch Gilbert du Motier--I think I pronounced it better than the
Chairman did because I left off the ``s'' on the ``Yves,''
which I was taught in my early French you must do--who is known
as the Marquis de Lafayette, the great friend of the United
States, the emerging United States, during the Revolution.
This would confer honorary U.S. citizenship to him in
recognition of his many contributions and sacrifices for the
cause of American independence and his support of the
principles of representative government.
He was granted citizenship by the States of Maryland and
Virginia before the Constitution was adopted. It has been
determined that the citizenship conferred by these States could
not be interpreted to have resulted in the Marquis being a U.S.
citizen.
The full name of the Marquis was not correctly stated in
the resolution as passed by the Senate, and I will, therefore,
be offering an amendment to correct that error. The amendment
will also clarify that the honorary citizenship being granted
to the Marquis is posthumous, as has been done in previous
legislation to grant honorary citizenship in the case of a
deceased individual.
I yield back the balance of my time, and I have an
amendment at the desk at the appropriate time.
Chairman Sensenbrenner. Okay. Without objection, Members
may insert opening statements in the record at this point.
Are there amendments?
Mr. Gekas. I have an amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to S.J. Res. 13, offered by Mr. Gekas.
In the matter following the resolved clause----
Mr. Gekas. I ask unanimous consent that the amendment be
considered as read.
Chairman Sensenbrenner. Without objection, so ordered.
[The amendment follows:]
Chairman Sensenbrenner. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. Gekas. As I indicated in the opening statement and it
was alluded to by the Chair in his opening statement, this
amendment merely brings into full play the entire name of the
Marquis de Lafayette, and I want to pronounce it again, if the
Chair will allow me.
Mr. Conyers. I object.
Chairman Sensenbrenner. Objection is heard. The question is
on the amendment. [Laughter.]
Chairman Sensenbrenner. Those in favor will say aye. Those
opposed, no. The ayes appear to have it. The ayes have it and
the amendment is agreed to.
Are there further amendments? If not, without objection,
the previous question is ordered on reporting the bill
favorably in the absence of a reporting quorum.
[Intervening business.]
The Committee now returns to the pending unfinished
business upon which the previous question----
Ms. Jackson Lee. Mr. Chairman, I'd like to strike the last
word.
Chairman Sensenbrenner.--was ordered. The previous question
has been ordered. It is not in order to further debate the
resolution.
Ms. Jackson Lee. Mr. Chairman? Mr. Chairman, I'd like----
Chairman Sensenbrenner. The Chair notes the presence of----
Ms. Jackson Lee.--a motion.
Chairman Sensenbrenner.--a reporting quorum. The question
is on the motion to report the----
Ms. Jackson Lee. Mr. Chairman, I'd like to make a motion?
Chairman Sensenbrenner.--resolution S.J. Res. 13
favorably----
Ms. Jackson Lee. Point of order, Mr. Chairman?
Chairman Sensenbrenner.--as amended.
Ms. Jackson Lee. Point of order, Mr. Chairman?
Chairman Sensenbrenner. The gentlewoman will state her
point of order.
Ms. Jackson Lee. Mr. Chairman, noting the delay of Members
in a caucus meeting of their caucus on issues dealing with
their constituents, I'd like to move for reconsideration of two
bills, the previous question on H.R. 4558 and----
Chairman Sensenbrenner. That is not in order at this time.
The question is on reporting Senate Joint Resolution
favorably----
Ms. Jackson Lee. The bills under consideration----
Chairman Sensenbrenner.--as amended.
Ms. Jackson Lee. The bills under consideration, I'd like to
move for reconsideration.
Chairman Sensenbrenner. Well, we'll have the bill under--
the bills that the previous question has been ordered will be
called up in the order in which the previous question was
ordered.
The question is on reporting favorably Senate Joint
Resolution 13 as amended. Those in favor will say aye. Opposed,
no.
The ayes appear to have it. The ayes have it. The motion to
report favorably is agreed to.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute, incorporating the amendments adopted here today.
Without objection, the Chairman is authorized to move to go to
conference pursuant to House rules. Without objection, the
staff is directed to make any technical and conforming changes,
and all Members will be given 2 days, as provided by the rules,
in which to submit additional dissenting, supplemental, or
minority views.