[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4042 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4042

 To require a report on the timeliness of processing applications for 
                            naturalization.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1994

   Mr. Farr of California (for himself, Mr. Dellums, Ms. Schenk, Mr. 
Pastor, Mr. Torres, Mr. Becerra, Mr. Berman, Mr. Beilenson, Mr. Filner, 
Ms. Roybal-Allard, and Mr. Fazio) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require a report on the timeliness of processing applications for 
                            naturalization.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPORT ON TIMELINESS IN THE PROCESSING OF APPLICATIONS FOR 
              NATURALIZATION.

    (a) In General.--Not later than January 31, 1995, the Commissioner 
of Immigration and Naturalization shall submit to the Congress a report 
on timeliness in the processing of applications for naturalization. The 
report shall include--
            (1) information, described in subsection (b), concerning 
        timeliness in the processing of applications for 
        naturalization;
            (2) analyses, described in subsection (c), of the reasons 
        for any excessive delays in processing applications and of the 
        resources needed to eliminate such delays; and
            (3) a plan, described in subsection (d), to eliminate such 
        excessive delays.
    (b) Information in Report.--
            (1) Excessive delay.--The report required by subsection (a) 
        shall include a statement of--
                    (A) the number of applications for naturalization 
                that were not approved or disapproved within 120 days 
                of the date on which the Immigration and Naturalization 
                Service received them; and
                    (B) the number of individuals who were not sworn in 
                as citizens within 45 days of the date of the approval 
                of their applications for naturalization.
            (2) Additional information.--The report required by 
        subsection (a) also shall include the following:
                    (A) Time taken to process.--A statement of the 
                average length of time that elapsed--
                            (i) from the date that an application for 
                        naturalization was received by the INS to the 
                        date that the application was filed;
                            (ii) from the date that an application for 
                        naturalization was filed to the date that the 
                        applicant completed the interview used to 
                        fulfill requirements of the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.);
                            (iii) from the date that the applicant 
                        completed the interview to the date that the 
                        application was approved; and
                            (iv) from the date that an application for 
                        naturalization was approved to the date that 
                        the applicant was sworn in as a citizen.
                    (B) Number of applications in system.--A statement, 
                for January 1, April 1, July 1, and October 1 of each 
                relevant year, of the number of applicants--
                            (i) whose applications for naturalization 
                        were received by the INS but not yet filed;
                            (ii) whose applications for naturalization 
                        were filed, but who had not yet completed the 
                        interview used to fulfill requirements of the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.);
                            (iii) who had completed the interview but 
                        whose applications for naturalization had not 
                        yet been approved or disapproved; and
                            (iv) whose applications had been approved, 
                        but who had not yet been sworn-in.
                    (C) Number of applications received.--A statement 
                of--
                            (i) the number of applications for 
                        naturalization that were received by the INS; 
                        and
                            (ii) the number of applications for 
                        naturalization that the INS expects to receive 
                        in each of the calendar years 1994, 1995, 1996, 
                        1997, and 1998, and an explanation of how the 
                        expected numbers of applications were 
                        calculated.
                    (D) Adequacy of fees.--A statement of--
                            (i) the amount of money the INS collects by 
                        imposing fees for the processing of 
                        applications for naturalization;
                            (ii) what expenses are paid with the money 
                        from such fees; and
                            (iii) the cost of processing applications 
                        for naturalization.
            (3) Breakdown of information by office and year.--The 
        information required by this subsection shall be reported--
                    (A) by office, for each regional and district 
                office of the INS that is located in the United States; 
                and
                    (B) by year, for applications received by the INS 
                in the calendar years 1991, 1992, and 1993, except for 
                the information required by paragraph (2)(C)(ii).
    (c) Analyses in Report.--
            (1) Reasons for delay.--The report required by subsection 
        (a) shall include a statement of the reasons for the excessive 
        delay reported under subsection (b)(1).
            (2) Resources needed.--The report required by subsection 
        (a) also shall include a detailed list of the budgetary, staff, 
        and other resources--
                    (A) that are used to process applications for 
                naturalization; and
                    (B) that would be adequate to process applications 
                for naturalization in a timely manner.
            (3) Breakdown of analyses.--The analyses required by 
        paragraphs (1) and (2) shall be reported--
                    (A) by type of excessive delay, according to the 
                categories described in subsection (e)(1); and
                    (B) by office and year, according to the categories 
                described in subsection (b)(3).
    (d) Plan To Improve Timeliness.--
            (1) In general.--The report required by subsection (a) 
        shall include a plan specifying how the INS will process 
        applications for naturalization in a timely manner, including--
                    (A) how the INS will process applications for 
                naturalization that are received by the INS after April 
                30, 1995, in a timely manner, taking into account the 
                expected future increase in the number of applications 
                for naturalization; and
                    (B) how the INS will process applications that are 
                received by the INS on or before April 30, 1995, in 
                order to eliminate, by April 30, 1996, the backlog 
                composed of individuals who are experiencing excessive 
                delay.
            (2) Specifics.--The plan required by paragraph (1) shall 
        include--
                    (A) suggested methods to utilize existing INS staff 
                more effectively;
                    (B) an evaluation of the possibility of using 
                computer technology to improve the processing of 
                applications for naturalization; and
                    (C) proposals for any statutory change or other 
                congressional action that the Commissioner of 
                Immigration and Naturalization believes is necessary to 
                process applications for naturalization in a timely 
                manner.
    (e) Definitions.--For purposes of this section:
            (1) The term ``excessive delay'' means the following types 
        of delay:
                    (A) A delay of more than 120 days between the date 
                that an application for naturalization is received by 
                the INS and the date that the application is approved 
                or disapproved.
                    (B) A delay of more than 45 days between the date 
                that an application for naturalization is approved and 
                the date that the applicant is sworn in as a citizen.
            (2) The term ``filed'' means entered into a computer system 
        used by the INS.
            (3) The term ``INS'' means the Immigration and 
        Naturalization Service.
            (4) The term ``timely manner'' means without excessive 
        delay.

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