[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1382

  To reform the naturalization process, to clarify the procedures for 
    investigating the criminal background of individuals submitting 
applications in connection with certain benefits under the Immigration 
              and Nationality Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 1997

  Mr. Abraham introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reform the naturalization process, to clarify the procedures for 
    investigating the criminal background of individuals submitting 
applications in connection with certain benefits under the Immigration 
              and Nationality Act, 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 ``Naturalization Reform Act of 1997''.

SEC. 2. BAR TO NATURALIZATION FOR ALIENS DEPORTABLE FOR CRIMES.

    (a) In General.--Section 316(a) of the Immigration and Nationality 
Act (8 U.S.C. 1427(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking ``States.'' and inserting 
        ``States, and''; and
            (3) by adding at the end the following: ``(4) on the date 
        of the application, is not deportable under paragraph (1) 
        (other than subparagraph (A)), (2), (3), or (6) of section 
        237(a), subparagraph (A), (B), or (D) of paragraph (4) of such 
        section, or paragraph (1)(A) of such section (but only to the 
        extent that such paragraph relates to inadmissibility under 
        paragraph (2), (6), (8), or (9) of section 212(a), subparagraph 
        (A), (B), or (E) of section 212(a)(3), or subparagraph (A), 
        (C), (D), or (E) of section 212(a)(10)).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1998, and shall apply to applications for 
naturalization submitted on or after such date.

SEC. 3. EXTENSION TO 10 YEARS OF GOOD MORAL CHARACTER PERIOD FOR 
              NATURALIZATION.

    (a) In General.--Section 316(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1427(a)(3)) is amended by striking ``during 
all the periods referred to in this subsection'' and inserting ``during 
the ten years immediately preceding the date of filing of the 
application''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998, and shall apply to applications for 
naturalization submitted on or after such date.

SEC. 4. INVESTIGATION OF CRIMINAL BACKGROUND OF CERTAIN ALIENS AND 
              PERSONS SPONSORING ALIENS FOR ENTRY.

    (a) In General.--Title I of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by adding at the end the following:

``investigation of criminal background of an alien applying for certain 
    benefits and certain petitioners for classification of an alien

    ``Sec. 106. (a) In General.--With respect to a person described in 
a subparagraph of subsection (c)(1) who is petitioning, or applying to, 
the Attorney General to grant the benefit or take the action described 
in such subparagraph (and with respect to an individual described in 
subparagraph (E) of such subsection whose residence is the home of such 
a person), the Attorney General may not grant the benefit or take the 
action, unless, during the pendency of the person's petition or 
application, the following has been completed:
            ``(1) An employee of the Service, or a Federal, State, or 
        local criminal law enforcement agency, after verifying the 
        person's identity, has prepared a complete and legible set of 
        fingerprints of the person.
            ``(2) The Commissioner has requested the Director of the 
        Federal Bureau of Investigation to conduct a criminal history 
        background check on the person for the appropriate purpose 
        described in subsection (c)(2), and the Commissioner has 
        submitted the fingerprints to the Director, along with any 
        supplementary information required by the Director to complete 
        the check.
            ``(3) The Director of the Federal Bureau of Investigation, 
        using the fingerprints and information provided by the 
        Commissioner, has conducted the check, and has provided the 
        Commissioner with a response describing the person's criminal 
        history, as reflected in records maintained by the Federal 
Bureau of Investigation.
            ``(4) The Commissioner has conducted an investigation of 
        the person's criminal history, including all criminal offenses 
        listed in the Director's response, all criminal offenses listed 
        in informational databases maintained by the Service, and all 
        other criminal offenses of which the Commissioner has 
        knowledge, for the appropriate purpose described in subsection 
        (c)(2).
            ``(5) In a case where the investigation under paragraph (4) 
        of an applicant for naturalization reveals criminal history 
        that bears upon the applicant's eligibility for naturalization, 
        and the employee designated under section 335 to conduct the 
        examination under such section has determined that the 
        application should be granted, such determination has been 
        reviewed by at least one Service officer whose duties include 
        performing such reviews.
    ``(b) Exception.--Notwithstanding subsection (a), when the Attorney 
General certifies to the Director of the Federal Bureau of 
Investigation that a person described in subsection (c)(1) is 
physically unable to provide legible fingerprints--
            ``(1) the requirement that the Commissioner submit 
        fingerprints to the Director shall not apply; and
            ``(2) the Director shall conduct a criminal history 
        background check based on the person's name and any other 
        method of positive identification other than fingerprints used 
        by the Federal Bureau of Investigation for criminal history 
        background checks.
    ``(c) Persons Subject to, and Purposes for, Background Checks.--
            ``(1) Persons and petitions described.--The persons (and 
        applications and petitions) described in this paragraph are as 
        follows:
                    ``(A) An alien 14 through 79 years of age applying 
                for adjustment of status to that of an alien lawfully 
                admitted for permanent residence.
                    ``(B) An alien 14 through 75 years of age applying 
                for naturalization as a citizen of the United States.
                    ``(C) An alien 14 years of age or older applying 
                for asylum, or treatment as a spouse or child 
                accompanying an asylee.
                    ``(D) An alien 14 years of age or older applying 
                for temporary protected status under section 244.
                    ``(E) A person who has filed a petition to accord a 
                child defined in section 101(b)(1)(F) classification as 
                an immediate relative under section 201(b)(2)(A)(i), 
                and any additional individual, over the age of 18, 
                whose principal or only residence is the home of such 
                person.
                    ``(F) A person who has submitted a guarantee of 
                legal custody and financial responsibility under 
                paragraphs (2)(B) and (4) of section 204(f) in 
                connection with a petition to accord an alien, who is 
                the subject of the guarantee, classification under 
                section 201(b), 203(a)(1), or 203(a)(3).
            ``(2) Purposes for checks described.--
                    ``(A) Aliens applying for benefits.--With respect 
                to the aliens, and the applications, described in 
                subparagraphs (A) through (D) of paragraph (1), the 
                requirements of subsection (a) shall be applied 
                (subject to subsection (b)) for the purpose of 
                determining whether the alien has a criminal history 
                that bears upon the alien's eligibility for the benefit 
                for which the alien applied.
                    ``(B) Orphan petitions.--With respect to a person 
                described in paragraph (1)(E), the requirements of 
                subsection (a) shall be applied (subject to subsection 
                (b)) for the purpose of determining whether the person 
                has a criminal history that bears upon whether proper 
                care will be furnished the child described in such 
                paragraph.
                    ``(C) Amerasian petitions.--With respect to a 
                person described in paragraph (1)(F), the requirements 
                of subsection (a) shall be applied (subject to 
                subsection (b)) for the purpose of determining whether 
                the person is of good moral character.
    ``(d) Fee.--The Attorney General may charge a person described in 
subsection (c)(1) a fee to cover the actual cost of the criminal 
background check process under this section.
    ``(e) Construction.--This section shall not be construed to affect 
or impair the ability of the Attorney General to require a criminal 
history background check as a condition for obtaining any benefit under 
this Act (including a classification under section 204) that is not 
described in subsection (c)(1).''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 105 the following:

``Sec. 106.  Investigation of criminal background of an alien applying 
                            for certain benefits and certain 
                            petitioners for classification of an 
                            alien.''.

    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1998, and shall apply to applications for a 
benefit under the Immigration and Nationality Act (including petitions 
to accord a classification under section 204 of such Act) submitted on 
or after such date.

SEC. 5. INTERVIEW FOR ADJUSTMENT OF STATUS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 245A the following:

  ``interview for adjustment of status to that of person admitted for 
                          permanent residence

    ``Sec. 245B. Before the status of an alien may be adjusted by the 
Attorney General to that of an alien lawfully admitted for permanent 
residence, the alien shall appear before an employee of the Service, 
who shall conduct a personal interview of the alien for the purpose of 
verifying that the alien is eligible for such adjustment.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 245A the following:

``Sec. 245B.  Interview for adjustment of status to that of person 
                            admitted for permanent residence.''.

    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1998, and shall apply to applications for 
adjustment of status submitted on or after such date.

SEC. 6. INTERVIEW FOR NATURALIZATION.

    (a) In General.--Section 332 of the Immigration and Nationality Act 
(8 U.S.C. 1443) is amended by adding at the end the following:
    ``(i) The examination under subsection (a) shall include a personal 
interview of the applicant, conducted by an employee of the Service 
who--
            ``(1) shall require the applicant to demonstrate the 
        ability to speak and understand words in ordinary usage in the 
        English language, in accordance with section 312(a)(1), unless 
        the applicant is exempt from the requirements of such section 
        pursuant to section 312(b);
            ``(2) shall require the applicant to describe any criminal 
        law violations, other than minor traffic violations, for which 
        the applicant has ever been arrested, charged, convicted, 
        fined, or imprisoned, or which the applicant has committed but 
        for which the applicant has not been arrested, charged, 
        convicted, fined, or imprisoned; and
            ``(3) shall verify each statement or representation made by 
        the applicant in the written application for naturalization, 
        and in any documents submitted in support of the application, 
        and shall examine the applicant to determine whether the 
        applicant has willfully made any false statements or 
        misrepresentations, or committed any fraud, for the purpose of 
        obtaining United States citizenship.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998, and shall apply to applications for 
naturalization submitted on or after such date.

SEC. 7. CITIZENSHIP TESTING BY OUTSIDE TESTING ENTITIES.

    (a) In General.--
            (1) Testing by persons other than attorney general.--
        Section 312 of the Immigration and Nationality Act (8 U.S.C. 
        1423) is amended by adding at the end the following:
    ``(c)(1) An applicant for naturalization may satisfy the reading 
and writing requirements of subsection (a)(1), and the knowledge and 
understanding requirements of subsection (a)(2), by passing a test 
approved by the Attorney General and administered by a person, other 
than the Attorney General, who, not later than the date of the 
enactment of the Naturalization Reform Act of 1997, is authorized by 
the Attorney General to administer such a test.
    ``(2) The Attorney General shall revoke the authorization granted 
to a person to administer tests referred to in paragraph (1), unless--
            ``(A) the person has not subcontracted, franchised, or 
        otherwise delegated the person's testing authority to any other 
        person; and
            ``(B) at any time after the person has been authorized by 
        the Attorney General to administer such tests and has 
        administered them for at least 6 months during the period 
        beginning on the date of the enactment of the Naturalization 
        Reform Act of 1997, the person and the Attorney General are 
        able to demonstrate that--
                    ``(i) in not less than 5 of the 6 preceding months, 
                the Attorney General has conducted unannounced 
                inspections of at least 10 percent of the testing sites 
                operated by the person in each such month;
                    ``(ii) during each such site inspection, the 
                Attorney General has checked the integrity and security 
                of the testing process and has memorialized the 
                findings from the inspection in a written report and, 
after the inspection, has provided copies of the report to the person; 
and
                    ``(iii) after reviewing each such inspection 
                report, the Attorney General--
                            ``(I) has determined and certified that the 
                        person continues to maintain the overall 
                        integrity and security of the person's testing 
                        program, and has remedied any serious flaws 
                        discovered by the inspections; and
                            ``(II) has provided a copy of the 
                        certification to the person.
    ``(3) The Attorney General shall require an applicant for 
naturalization who has passed a test administered under this subsection 
to retake and repass such a test in circumstances where the Attorney 
General has reasonable grounds to believe that the administration of 
the test was impaired by fraud, misrepresentation, or other misconduct 
or negligence that jeopardizes the reliability of the test results.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 1998, and shall apply to 
        applications for naturalization submitted on or after such 
        date.
    (b) Study on Integrity of Testing Process.--
            (1) Report.--Not later than the date that is 6 months after 
        the date of the enactment of this Act, the Comptroller General 
        of the United States shall prepare and transmit to the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate the report 
        described in paragraph (2).
            (2) Contents.--The report referred to in paragraph (1) 
        shall describe the results of a comprehensive study conducted 
        by the Comptroller General of the United States to determine 
        the extent to which tests administered by persons other than 
        the Attorney General, by which an applicant for naturalization 
        may satisfy the reading and writing requirements of subsection 
        (a)(1), and the knowledge and understanding requirements of 
        subsection (a)(2), of section 312 of the Immigration and 
        Nationality Act, are impaired by fraud, misrepresentation, or 
        other misconduct or negligence that jeopardizes the reliability 
        of the test results.

SEC. 8. REQUIREMENTS WITH RESPECT TO RESIDENT ALIEN CARDS.

    (a) Civil Penalty for Failure To Report Loss, Theft, or Destruction 
of Resident Alien Card.--
            (1) In general.--The Immigration and Nationality Act is 
        amended by inserting after section 274D the following:

 ``civil penalty for failure to report loss, theft, or destruction of 
                          resident alien card

    ``Sec. 274E. Any alien who has been issued by the Attorney General 
an alien registration receipt card indicating the alien's status as an 
alien lawfully admitted for permanent residence, and who fails to 
report to the Attorney General the loss, theft, or destruction of the 
card by the date that is 7 days after the date the alien discovers such 
loss, theft, or destruction, shall pay a civil penalty to the 
Commissioner of $50 per violation.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 274D the following new item:

``Sec. 274E. Civil penalty for failure to report loss, theft, or 
                            destruction of resident alien card.''.

            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 1998, and shall apply to alien 
        registration receipt cards that are lost, stolen, or destroyed 
        on or after such date.
    (b) Surrender of Resident Alien Card Upon Naturalization.--
            (1) In general.--Section 338 of the Immigration and 
        Nationality Act (8 U.S.C. 1449) is amended--
                    (A) by inserting ``(a)'' before ``A person''; and
                    (B) by adding at the end the following:
    ``(b)(1) Notwithstanding subsection (a), the Attorney General may 
not deliver a certificate of naturalization to any person to whom the 
Attorney General previously had issued an alien registration receipt 
card indicating the person's status as an alien lawfully admitted for 
permanent residence, unless--
            ``(A) the person has surrendered the card to the Attorney 
        General; or
            ``(B) the person has submitted an affidavit to the Attorney 
        General stating that the card was lost, stolen, or destroyed, 
        and describing any facts known to the alien with respect to the 
        circumstances of such loss, theft, or destruction, and a period 
        of not less than 30 days has elapsed since such submission, 
        during which period the Attorney General may conduct an 
        investigation of such loss, theft, or destruction.
    ``(2) The Attorney General may charge a person described in 
paragraph (1)(B) a fee to cover the cost of an investigation described 
in such paragraph.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 1998, and shall apply to 
        certificates of naturalization delivered on or after such date.

SEC. 9. REVOCATION OF NATURALIZATION.

    (a) Clarification of Materiality Requirement.--Section 340(a) of 
the Immigration and Nationality Act (8 U.S.C. 1451(a)) is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following:
    ``(2) For purposes of this section, a fact with respect to a 
naturalized person may not be considered immaterial solely because the 
fact, had it been known to the Attorney General before the person was 
naturalized, would not, by itself, have required the Attorney General 
to deny the person's application for naturalization.''.
    (b) Rebuttable Presumption of Willfulness.--Section 340 of the 
Immigration and Nationality Act (8 U.S.C. 1451) is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) though (i), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) In any proceeding under this section in which the United 
States proves that an order admitting a person to citizenship was 
procured by the person's concealment or misrepresentation of a material 
fact, such proof shall be considered prima facie evidence that the 
person acted willfully with respect to the concealment or 
misrepresentation, and, in the absence of countervailing evidence, such 
proof shall be sufficient to authorize the revocation and setting aside 
of the order and the cancellation of the certificate of 
naturalization.''.
    (c) Limitation on Administrative Revocations.--Section 340 of the 
Immigration and Nationality Act (8 U.S.C. 1451), as amended by 
subsection (b), is further amended--
            (1) in subsection (i), by striking ``Nothing'' and 
        inserting ``Subject to subsection (j), nothing''; and
            (2) by inserting after subsection (i) the following:
    ``(j) The Attorney General shall commence any proceeding 
administratively to correct, reopen, alter, modify, or vacate an order 
naturalizing a person not later than 5 years after the effective date 
of the order.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1998, and shall apply to any order naturalizing a 
person with an effective date that is on or after October 1, 1998.

SEC. 10. QUALITY ASSURANCE AND IMPROVED OVERSIGHT FOR NATURALIZATION.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Attorney General shall establish a process 
(including internal audit procedures, other audit procedures, or both) 
to review the ongoing compliance with all laws, policies, and 
procedures affecting naturalization by each office of the Immigration 
and Naturalization Service that has duties with respect to 
naturalization.
    (b) Reports.--Not later than 30 days after the termination of each 
of fiscal years 1998, 1999, 2000, and 2001, the Attorney General shall 
submit a report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives concerning 
the compliance by the Commissioner of Immigration and Naturalization 
and the Immigration and Naturalization Service with all laws, policies, 
and procedures affecting naturalization during such terminated fiscal 
year.
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act, and shall cease to be effective upon the 
submission, under subsection (b), of the report with respect to fiscal 
year 2001.
                                 <all>