[House Report 109-576]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-576

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



 
                  PROUD TO BE AN AMERICAN CITIZEN ACT

                                _______
                                

 July 17, 2006.--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 H.R. 5323]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5323) to require the Secretary of Homeland Security 
to provide for ceremonies on or near Independence Day for 
administering oaths of allegiance to legal immigrants whose 
applications for naturalization have been approved, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Performance Goals and Objectives.................................     3
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     4
Changes in Existing Law Made by the Bill, as Reported............     4
Markup Transcript................................................     4

                          Purpose and Summary

    H.R. 5323, the ``Proud to be an American Citizen Act,'' 
would require U.S. Citizenship and Immigration Services to 
provide for ceremonies on or near Independence Day for 
administering oaths of allegiance to legal immigrants whose 
applications for naturalization have been approved.

                Background and Need for the Legislation

    H.R. 5323, the ``Proud to Be an American Citizen Act,'' 
enables U.S. Citizenship and Immigration Services or non-profit 
entities to conduct naturalization ceremonies on or near 
Independence Day each year. It directs the Department of 
Homeland Security to make available up to $5,000 per ceremony 
from funds already available to the Department, thus not 
authorizing the expenditure of new funds for the ceremonies.
    The funds (up to $5,000) may be used only for the cost of 
government personnel needed to administer the Oath of 
Allegiance (including travel), facilities rental, brochures, 
and other logistics such as sanitation. The bill requires that 
any non-government entity seeking to organize a naturalization 
ceremony receive approval under an application process 
prescribed by the Department of Homeland Security.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
5323.

                        Committee Consideration

    On June 29, 2006, the Committee met in open session and 
ordered favorably reported the bill H.R. 5323 by a voice vote, 
a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 5323.

                      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.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives 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 bill, H.R. 5323, 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 10, 2006.
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 H.R. 5323, the ``Proud 
to Be an American Citizen Act.''
    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,
                                          Donald B. Marron,
                                           Acting Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 5323--Proud to Be an American Citizen Act.
    H.R. 5323 would authorize the Department of Homeland 
Security (DHS) to provide funding to nonprofit entities to 
organize ceremonies for administering oaths of allegiance to 
persons whose applications for naturalization have been 
approved. The bill would require these ceremonies to be held on 
or near July 4 each year and would limit funding for each 
ceremony to $5,000.
    Based on information from DHS, CBO expects that the 
department would support less than 100 such ceremonies 
annually. Thus, we estimate that implementing H.R. 5323 would 
increase direct spending by less than $500,000 annually, from 
adjudication fees currently collected by DHS. Such fees are 
recorded as offsetting receipts (a credit against direct 
spending). Enacting this legislation would not affect revenues.
    H.R. 5323 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on 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.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
Rule XIII of the Rules of the House of Representatives, H.R. 
5323 would require U.S. Citizenship and Immigration Services to 
provide for ceremonies on or near Independence Day for 
administering oaths of allegiance to legal immigrants whose 
applications for naturalization have been approved.

                   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 I, Sec. 8, cl. 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    The following discussion describes the bill as reported by 
the Committee.
Sec 1. Short Title.
    This section designates the title of the bill as the 
``Proud to Be an American Citizen Act.''
Sec 2. Findings.
    This section outlines the congressional findings that legal 
immigrants play a vital role in enriching the United States of 
America. It also describes the importance of the naturalization 
process.
Sec. 3. Independence Day Ceremonies for Oaths of Allegiance.
    This section directs the Secretary of Homeland Security to 
make funds available to public and private nonprofit entities 
to support ceremonies on or around Independence Day to 
administer the oath to applicants for naturalization. Up to 
$5,000 is available for each such ceremony, and the funds may 
only be used for the cost of U.S. Citizenship and Immigration 
Services (``USCIS'') personnel, site rental, logistical 
requirements, and printing brochures. All funding must be made 
available from funds already available to USCIS.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes H.R. 5323 
makes no changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JUNE 28, 2006

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:07 a.m., in 
Room 2141, Rayburn House Office Building, the Honorable F. 
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    [Intervening business.]
    Chairman Sensenbrenner. Pursuant to notice, I now call up 
the bill H.R. 5323, the ``Proud to be an American Citizen 
Act,'' for purposes of markup and move its favorable 
recommendation to the House.
    Without objection, the bill will be considered as read and 
open for amendment at any point.
    [The bill, H.R. 5323, follows:]
    
    
    Chairman Sensenbrenner. And the Chair recognizes himself 
for 5 minutes to explain the bill.
    Today we have an opportunity to consider legislation that 
underscores the importance and privilege of U.S. citizenship. 
H.R. 5323, the ``Proud to be an American Citizen Act,'' would 
enable U.S. citizen, immigration services or nonprofit entities 
to conduct naturalization ceremonies on or near Independence 
Day each year.
    The legislation does not authorize new funds, but would 
provide up to $5,000 for each ceremony organized on 
Independence Day out of funds already available to the 
Department of Homeland Security.
    The bill revives a program that was originally part of the 
1996 immigration reform, but which expired in 2001. The moneys 
provided under this bill would be sufficient to cover the 
basics for a ceremony to honor those who have worked hard and 
met the legal requirements to become a United States citizen.
    The funds may be used only for the cost of Government 
personnel needed to administer the oath of allegiance, 
facilities rental, brochures and other logistics.
    The bill requires any non-Government entity seeking to 
organize a naturalization ceremony to receive approval through 
the Department of Homeland Security.
    The bill also allows new Americans to celebrate their 
naturalization in conjunction with celebrating America on 
Independence Day. I believe it is important that we support 
those who wish to take the final step toward becoming Americans 
and those who have legally moved through the immigration system 
to obtain citizenship, most often with great patience, I might 
add.
    I urge Members to support this bill.
    Yield back the balance of my time and recognize the 
gentleman from Virginia, Mr. Conyers.
    Mr. Conyers. Michigan, sir.
    Chairman Sensenbrenner. I am sorry.
    Mr. Conyers. That is quite all right. They are pretty close 
together.
    I rise only to insert my statement in the record. Ask 
unanimous consent. I support the measure and return the balance 
of my time.
    Chairman Sensenbrenner. Without objection, so ordered. And 
without objection, all Members may include opening statements 
in the record at this point.
    [The prepared statement of Mr. Conyers follows:]

Prepared Statement of the Honorable John Conyers, Jr., a Representative 
 in Congress from the State of Michigan, and Ranking Member, Committee 
                            on the Judiciary

    I rise in support of this legislation. I believe that immigration 
is one of the basic foundations of this nation, and the contributions 
of immigrants are too many to be counted. This legislation recognizes 
these principles. The bill also authorizes the Homeland Security 
Secretary to dispense $5,000 to public and private non-profit entities 
to host naturalization ceremonies. This purpose originally was 
authorized as part of the 1996 immigration law, and I believe it 
deserves reauthorization.
    I urge my colleagues to vote ``Yes'' on this bill.

    Are there any amendments?
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. For what purpose does the 
gentlewoman from Texas seek recognition?
    Ms. Jackson Lee. To strike the last word.
    Chairman Sensenbrenner. The gentlewoman is recognized for 5 
minutes to strike the last word.
    Ms. Jackson Lee. To thank them for and to add my statement 
into the record. Thank you very much. I yield back.
    [The prepared statement of Ms. Jackson Lee follows:]

       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress from the State of Texas



    Chairman Sensenbrenner. Are there any amendments?
    Mr. King. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Iowa, Mr. King.
    Mr. King. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. King. Thank you, Mr. Chairman.
    I just read through this bill and the concept of it, I want 
to go on record that I support the concept of this.
    I just was looking for some clarification, if I might, and 
that would deal with the language under section 3 that has--it 
includes in there, ``Along with the U.S. citizenship and 
immigration services conducting these ceremonies or public or 
private nonprofit entities.'' That is the second line under 
section 3.
    I understand, as I read that, that it is possible that it 
might allow some other entities that could be involved in our 
immigration process and I would wonder if the Chairman would 
yield for a clarification question as to whether that might 
potentially include La Raza or MULDEF or CARE or any of those 
organizations.
    Chairman Sensenbrenner. Those type of organizations would 
be able to qualify, but there would have to be approval by the 
secretary of homeland security and the people who would be 
naturalized would have had to have followed all of the 
qualifications.
    This legislation does not empower someone who is not 
currently authorized to administer the oath of allegiance to 
administer that oath. So they would have to get an officiant 
who is authorized to administer the oath of allegiance.
    Mr. King. And I thank the Chairman. And as I read through 
there, the part that I gather--and this is an assumption on the 
intent--would be that the intent is to allow for entities to 
provide some of the support services that are there rather than 
to open this up and they have an intent to reach out to not-
for-profits.
    Would that be a clarification or is that a 
misunderstanding?
    Chairman Sensenbrenner. If the gentleman would yield. That 
would be correct.
    The not-for-profits could make the arrangements for the 
site, to print up brochures, I would guess, with their own 
money, sponsor a reception for the newly naturalized citizens.
    But, again, it would not change the requirements for 
naturalization or make anybody who did not go through the 
naturalization process according to current law eligible to 
take the oath of allegiance.
    Mr. King. And I thank the Chairman. My understanding would 
be more in the line of refreshments or facilities rather than 
the actual process.
    I appreciate that and I appreciate the intent of this 
language and I would just simply go on record that I am not 
asking to bring an amendment to this. For me, when we declare 
the United States of America to be a democracy, I don't believe 
we are. I believe we are a constitutional republic. That is my 
personal suggestion here.
    But I appreciate the philosophy that has brought this to 
the floor and I will support the bill.
    And I thank the Chairman and yield back the balance of my 
time.
    Chairman Sensenbrenner. Okay, the Chair has received a 
number of requests to be able to adjourn for lunch so that 
Members can fulfill previous engagements.
    Looking at the clock, without objection, the Committee is 
recessed until 1:30, and I would ask the Members to be back 
promptly, so we can have a reporting quorum to report the bill 
out.
    Mr. Conyers. Parliamentary inquiry.
    Chairman Sensenbrenner. State your parliamentary inquiry.
    Mr. Conyers. Is there a motion pending to report the bill 
to the Senate?
    Chairman Sensenbrenner. Yes, there is a motion pending to 
report the bill favorably.
    Without objection, the Committee is adjourned.
    Mr. Conyers. Mr. Chairman, parliamentary inquiry.
    Chairman Sensenbrenner. State your parliamentary inquiry.
    Mr. Conyers. Thank you. Since we have had a request to 
report the bill, we have a reporting quorum, and I do not 
expect a recorded vote, can't we just take care of this?
    Chairman Sensenbrenner. The Chair will say he has----
    Mr. Conyers. I call the question, Mr. Chairman.
    Chairman Sensenbrenner. --received requests to recess the 
Committee for lunch. The Chair, under the rules, has the 
authority to recess the Committee for lunch.
    And the Committee is recessed.
    Mr. Conyers. Mr. Chairman, I object to the recess.
    [Recess.]
    Chairman Sensenbrenner. The Committee will be in order. And 
the Chair notes that there is not a working quorum present.
    For what purpose does the gentleman from North Carolina 
seek recognition?
    Mr. Coble. To make a motion, Mr. Chairman. I move we 
adjourn.
    Chairman Sensenbrenner. The gentleman from North Carolina 
makes a motion to adjourn. The question is on the motion to 
adjourn.
    Those in favor will say, ``Aye.''
    Mr. Conyers. Mr. Chairman?
    Chairman Sensenbrenner. Opposed, ``No.''
    Mr. Conyers. Mr. Chairman, I would like to raise a point of 
order about the last ruling before we left.
    Chairman Sensenbrenner. Well, the motion to adjourn is 
nondebatable. It has to be disposed of.
    Mr. Conyers. A parliamentary inquiry.
    Chairman Sensenbrenner. State your parliamentary inquiry.
    Mr. Conyers. It is not about the motion to adjourn. It is 
about the circumstances under which we recessed.
    Chairman Sensenbrenner. State your parliamentary inquiry.
    Mr. Feeney. Mr. Chairman? A point of order, Mr. Chairman.
    My understanding was that a motion to adjourn had the 
highest priority and----
    Mr. Conyers. Well, if I might state my parliamentary 
inquiry.
    Chairman Sensenbrenner. On the point of order, the motion 
to adjourn has the highest priority, but as a matter of comity, 
the Chair would like to recognize the gentleman from Michigan 
for his parliamentary inquiry.
    Mr. Feeney. Mr. Chairman, I will withdraw my point.
    Chairman Sensenbrenner. Point of order is withdrawn.
    The gentleman from Michigan will speak to his parliamentary 
inquiry.
    Mr. Conyers. I thank the courtesy.
    Yes, we have checked with the parliamentarian, and the fact 
of the matter appears to be that a recess is subject to an 
objection and can be objected to. And I refer you to Rule 14 of 
the rules of the House----
    Chairman Sensenbrenner. The Chair will State that the 
gentleman from Michigan was correct, but the Chair did not hear 
an objection because of all the people who were talking on both 
sides of the Chair's dais.
    The question is now on the motion by the gentleman from 
North Carolina to adjourn.
    Those in favor will say, ``Aye.''
    Opposed, ``No.''
    The ayes appear to have it. The ayes have it, and the 
Committee stands adjourned.
    [Whereupon, at 1:40 p.m., the Committee was adjourned.]



                            BUSINESS MEETING
                              (continued)

                        THURSDAY, JUNE 29, 2006

    The Committee met, pursuant to notice, at 2:59 p.m., in 
Room 2141, Rayburn House Office Building, the Honorable F. 
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    Chairman Sensenbrenner. The Committee will be in order.
    Pursuant to notice, I now call up the bill H.R. 5323, the 
``Proud to be an American Citizen Act,'' for purposes of 
markup.
    When the Committee considered the bill yesterday, the Chair 
had moved that the Committee favorably recommend H.R. 5323 to 
the full House and the bill was considered as read and opened 
for amendment at any point.
    The Chair notes the presence of a working quorum, and the 
Committee will now resume consideration of amendments.
    Are there any amendments?
    If there are no amendments, a reporting quorum is not 
present.
    Without objection, the previous question on the motion to 
report the bill is ordered. And, without objection, the 
Committee will stand informal, subject to the call of the 
Chair, to resume immediately when a reporting quorum appears.
    Without objection, the Committee stands in recess.
    [Recess.]
    Chairman Sensenbrenner. The Committee will be in order. A 
reporting quorum is now present.
    The question occurs on the motion to report the bill H.R. 
5323 favorably.
    All those in favor will say, ``Aye.''
    Opposed, ``No.''
    The ayes appear to have it. The ayes have it, and the 
motion will report favorably, as agreed to.
    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 House rules, in which to submit 
additional, dissenting, supplemental or minority views.
    [Intervening business.]
    [Whereupon, at 3:11 p.m., the Committee was adjourned.]

                                 
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