[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1717 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1717

    To amend the Immigration and Nationality Act to strengthen the 
                        naturalization process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1998

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to strengthen the 
                        naturalization process.

    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 ``New American Citizenship Act''.

SEC. 2. DECLARATION AND PURPOSES.

    (a) Declarations.--(1) Congress declares that it is the historic 
policy of the United States to welcome as new American citizens those 
legal immigrants who qualify for naturalization and who are committed 
to American democratic principles, our form of Government, and the 
Constitution of the United States.
    (2) Congress reaffirms the existing statutory requirements for 
naturalization concerning good moral character, lawful and continuous 
residence in the United States, and an understanding of the English 
language and the history, principles, and form of Government of the 
United States.
    (b) Purposes.--The purposes of this Act are to ensure that--
            (1) the naturalization process of the United States 
        properly welcomes those who are committed to American 
        citizenship to participate fully in American civic life;
            (2) the act of naturalization is reserved for those who 
        meet the qualifications established by the Constitution and the 
        laws and policies of the United States;
            (3) individuals applying for naturalization are provided a 
        fair, efficient, and affordable process;
            (4) the backlog of pending applications for naturalization 
        is reduced so that qualified applicants may become new American 
        citizens within six months of applying for naturalization; and
            (5) the Immigration and Naturalization Service provides 
        adequate assistance and information to individuals applying for 
        naturalization.

SEC. 3. BACKLOG REDUCTION.

    (a) In General.--The Attorney General shall present to Congress not 
later than 3 months after the date of enactment of this Act a detailed 
plan for substantially reducing the backlog at each district and 
regional office of the Immigration and Naturalization Service. The plan 
shall include specific target dates for reducing or eliminating the 
backlog, and the percentage of reduction that will be achieved by each 
target date.
    (b) Report.--During each of the fiscal years 1998, 1999, 2000, and 
2001, the Attorney General shall submit a monthly report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives concerning the progress that is being made in meeting 
the targets to reduce the backlog of naturalization applications.

SEC. 4. EQUIPPING NEW AMERICANS FOR CITIZENSHIP.

    (a) Integrity of Testing Procedures.--The Attorney General shall 
ensure that procedures utilized by the Immigration and Naturalization 
Service to carry out the standardized naturalization examinations 
include the following:
            (1) Administration of examinations.--
                    (A) Proctoring.--All standardized naturalization 
                examinations shall be proctored by an entity certified 
                by the Immigration and Naturalization Service to 
                perform such function. The Immigration and 
                Naturalization Service may certify more than 1 entity 
                to proctor naturalization examinations.
                    (B) Special rule for ``for-profit'' entities.--A 
                for-profit organization shall not be allowed to 
                administer or proctor the standardized naturalization 
                examination if such organization also provides 
                citizenship courses.
            (2) Pilot program.--During the 24-month period beginning on 
        the date of enactment of this Act, the Attorney General, 
        through a board or contractor determined by the Attorney 
        General to be qualified to administer standardized 
        examinations, shall test the feasibility of administering 
        naturalization examinations to a representative sample of 
        immigrants throughout the United States. The Attorney General 
        shall allow for special arrangements for naturalization 
        applicants who are homebound, in nursing homes, need expedited 
        handling of their applications, or have other extenuating 
        circumstances or incapacitations.
                    (A) Report.--Not later than 12 months after the 
                institution of the pilot program under this subsection, 
                the Attorney General shall submit a report to Congress 
                regarding the future feasibility of the program.
                    (B) Requirements of board or contractor.--The board 
                or contractor selected by the Attorney General to 
                develop and administer a standardized test under the 
                pilot program shall--
                            (i) be qualified to administer standardized 
                        examinations and able to ensure the integrity 
                        of the examination process through the use of 
                        proctors or other appropriate means;
                            (ii) be able to offer the examination at 
                        multiple test sites located within immigrant 
                        communities;
                            (iii) prepare multiple versions of the 
                        naturalization examination to be used at each 
                        examination site, and must revise the 
                        examinations on at least a quarterly basis; and
                            (iv) have the ability to offer the 
                        examination with enough frequency to meet the 
                        needs of each community in which the 
                        examination is offered.
                    (C) Appeals.--The Attorney General shall provide an 
                appeals process to permit immigrants who fail the 
                standardized naturalization examination under the pilot 
                program to either have the examination results reviewed 
                by an independent examiner or retake the examination at 
                no cost.
            (3) Content of test.--Any new or redesigned naturalization 
        examination developed pursuant to this Act shall not create 
        barriers to citizenship that did not exist under the 
        examinations used before the enactment of this Act.
    (b) Provision of Naturalization Materials.--
            (1) Materials for home-study.--The Attorney General through 
        the Immigration and Naturalization Service shall make 
        sufficient material, such as textbooks and sample questions, 
        available at no cost to naturalization applicants who choose to 
        study for the naturalization examination without the assistance 
        of a citizenship course.
            (2) Handbook.--Upon request, and at the time of adjustment 
        to or admission as a lawful permanent resident, the Attorney 
        General shall provide each such individual with a handbook 
        describing--
                    (A) the process for obtaining citizenship through 
                naturalization, as well as information on the 
                requirements for naturalization, including the good 
                moral character and continuous residency requirements;
                    (B) information on the civics and English language 
                portions of the naturalization examination; and
                    (C) the privileges and responsibilities of 
                citizenship, including the right to vote only after 
                taking the oath of allegiance.
            (3) Dissemination of materials.--
                    (A) In general.--The Attorney General shall widely 
                disseminate, at no cost, to public schools and 
                organizations that provide instruction on citizenship 
                responsibilities and prepare applicants for the 
                naturalization examination materials, such as 
                textbooks, sample questions, and other information 
                regarding the content of the naturalization examination 
                that the Immigration and Naturalization Service 
                determines relevant to assist such organizations in 
                preparing applicants for the naturalization 
                examination.
                    (B) Development.--The materials described in this 
                subsection shall be developed in consultation with 
                adult educators and organizations that offer 
                citizenship courses.
    (c) Effective Date.--Except as provided in subsection (a)(2), this 
section shall take effect on the date that is 6 months after the date 
of enactment of this Act.

SEC. 5. PLAN FOR ENSURING EFFICIENCY AND INTEGRITY OF THE 
              NATURALIZATION PROCESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall develop a plan for ensuring the 
efficiency and integrity of the naturalization process.
    (b) Objectives.--The plan described in subsection (a) shall have 
the following objectives:
            (1) To substantially increase the efficiency of the 
        naturalization process, including the development of--
                    (A) a system that requires the Immigration and 
                Naturalization Service to complete the entire 
                naturalization process in 6 months or less; and
                    (B) a contingency plan the Immigration and 
                Naturalization Service will use to accommodate sudden 
                increases in applications, including arrangements with 
                Congress for the rapid reprogramming of funds and 
                positions when necessary.
            (2) To increase the integrity and accuracy of 
        naturalization, by taking steps to ensure that--
                    (A) the fingerprint process for naturalization 
                applicants is as accurate and secure as possible;
                    (B) there is clear recourse for applicants with 
                illegible or nonexistent fingerprints, including 
                communication in writing from the Immigration and 
                Naturalization Service indicating the reasons for 
                rejection of the fingerprints, and instructions on what 
                action, if any, the applicant must take;
                    (C) the integrity of the naturalization examination 
                is maintained by ensuring that the examination is 
                applied consistently across the United States, that it 
                adequately tests knowledge of English and civics, and 
                that the examination is not subject to fraud; and
                    (D) Immigration and Naturalization Service offices 
                are provided with clear guidelines to ensure 
                consistency among offices of the Service in conducting 
                naturalization interviews, including the institution of 
                a standard checklist for the relevant components of the 
                applicant's file, a uniform worksheet for offices to 
                use in determining eligibility, and a list of examples 
                of the offenses which disqualify applicants for 
                naturalization.
            (3) To maintain proper oversight of the naturalization 
        process, including--
                    (A) development of national quality assurance 
                procedures to facilitate effective oversight of 
                fingerprint procedures, naturalization examination 
                centers, and final Immigration and Naturalization 
                Service naturalization interviews;
                    (B) accountability of field personnel involved in 
                the naturalization process to Immigration and 
                Naturalization Service headquarters;
                    (C) outreach by national and local Immigration and 
                Naturalization Service naturalization offices to 
                community groups and State and local officials for the 
                purpose of encouraging qualified immigrants to seek 
                United States citizenship;
                    (D) ensuring that applicants are treated fairly and 
                hospitably, and that a priority is given to customer 
                service, including increased customer service training 
                for all naturalization adjudication officers;
                    (E) providing naturalization applicants with 
                adequate information on the naturalization process, 
                procedure, and approximate timetable for the entire 
                naturalization process; and
                    (F) ensuring that Immigration and Naturalization 
                Service offices contain sufficient waiting areas with 
                notices of procedure and instructions in languages 
                common to the community served by the individual 
                office.
            (4) To ensure that the naturalization process will be 
        continually updated as new innovations emerge, such as--
                    (A) improved data sharing and digital fingerprint 
                technologies; and
                    (B) establishment of a system for local Immigration 
                and Naturalization Service offices to share best 
                practices regarding the naturalization process, or 
                ideas those offices have to improve the process, and 
                for incorporation of these lessons into ongoing 
                naturalization planning by the Immigration and 
                Naturalization Service.
    (c) Access for Individuals With Disabilities.--In redesigning the 
naturalization process, the Attorney General shall provide written 
guidance to the Immigration and Naturalization Service officers and to 
applicants so that individuals with disabilities are afforded 
reasonable accommodations throughout the naturalization process, 
including, but not limited to, access to Immigration and Naturalization 
Service facilities, testing sites, and to the English language and 
civics portions of the naturalization examination.

SEC. 6. DETERRING NATURALIZATION FRAUD.

    The Attorney General shall ensure that the naturalization 
fingerprint submission process deters naturalization fraud and 
maintains the integrity of the program by implementing the following 
requirements:
            (1) Except in the case of law enforcement agencies 
        designated by the Immigration and Naturalization Service to 
        take fingerprints for naturalization applicants, fingerprint 
        cards shall be sent directly by the Immigration and 
        Naturalization Service, or its designee, to the Federal Bureau 
        of Investigation for processing, rather than returning the 
        fingerprint card to the applicant for submission.
            (2) Procuring the technology to institute electronic 
        fingerprint checks at all Immigration and Naturalization 
        Service offices by the fiscal year 2000.

SEC. 7. ENSURING INELIGIBLE IMMIGRANTS ARE NOT NATURALIZED.

    (a) Criminal History Background Check.--The Immigration and 
Naturalization Service shall ensure that a criminal history background 
check with the Federal Bureau of Investigation is completed for each 
naturalization applicant prior to the naturalization interview, 
including requirements that--
            (1) all fingerprints shall be sent directly to the Federal 
        Bureau of Investigation as described in section 6;
            (2) prior to each naturalization interview, every 
        naturalization file shall contain documented evidence that a 
        criminal background check has been completed and the results of 
        any background check that indicates an applicant has a Federal 
        Bureau of Investigation record have been received;
            (3) the Federal Bureau of Investigation shall expeditiously 
        conduct a criminal history background check on each applicant 
for naturalization, and shall provide a response describing the 
applicant's criminal history as reflected in the Bureau's records; and
            (4) where the applicant cannot provide legible 
        fingerprints, the Federal Bureau of Investigation shall conduct 
        a criminal history background check based on the person's name 
        and any other method of positive identification used by the 
        Federal Bureau of Investigation for criminal history background 
        checks.
    (b) Naturalization Interviews.--All naturalization applicants, at 
the time of a standardized naturalization examination or interview by 
an adjudications officer, shall be required to demonstrate basic 
ability to speak and understand words in ordinary usage in the English 
language, in accordance with section 312(a)(1) of the Immigration and 
Nationality Act, unless the applicant is exempt from the requirements 
of that section pursuant to section 312(b) of such Act, and at the time 
of interview, each adjudications officer shall--
            (1) question each applicant about any arrest, charge, 
        conviction, or imprisonment which was revealed as a result of 
        the criminal history check;
            (2) determine whether any crime which the applicant reveals 
        he or she committed is one which would disqualify the applicant 
        from naturalization;
            (3) verify that the applicant was asked all mandatory 
        questions during the naturalization interview;
            (4) refer complex cases involving potentially disqualifying 
        crimes to a supervisory officer for review;
            (5) ensure that applicants are informed that they are not 
        United States citizens until they take the oath of allegiance; 
        and
            (6) provide each applicant with information on the legal 
        requirements which need to be fulfilled before such applicant 
        can register to vote.
    (c) Oath of Allegiance Requirements.--The Immigration and 
Naturalization Service shall ensure that certificates of citizenship 
are not to be distributed to naturalization applicants prior to taking 
the oath of allegiance.

SEC. 8. FUNDING AND FEES.

    (a) Availability of Funds.--Of the funds appropriated to the 
Immigration and Naturalization Service for each of fiscal years 1999, 
2000, and 2001, $100,000,000 shall be made available for backlog 
reduction, and technological and infrastructure changes needed to 
ensure the appropriate conduct of naturalization activities, including 
the purchase of equipment for enhanced recordkeeping and fingerprint 
checks, the development of testing centers, the conduct of the pilot 
program described in section 4(a)(2), and other purposes.
    (b) Limitation on Fees.--
            (1) In general.--The naturalization application fee charged 
        by the Immigration and Naturalization Service shall not exceed 
        $150 per applicant until the backlog of pending naturalization 
        applications has been substantially reduced in each Immigration 
        and Naturalization Service district.
            (2) Backlog; substantially reduced.--For purposes of this 
        section:
                    (A) Backlog.--The term ``backlog'' means 
                naturalization applications which have been pending for 
                longer than 6 months from the time the application was 
                submitted to the Immigration and Naturalization 
                Service.
                    (B) Substantially reduced.--The backlog of pending 
                naturalization applications for a fiscal year shall be 
                considered to be ``substantially reduced'' if the 
                number of naturalization applications in the backlog in 
                each Immigration and Naturalization Service district at 
                the end of the fiscal year is at least 30 percent less 
                than the number of applications in the backlog in each 
                district at the end of the previous fiscal year.

SEC. 9. DEFINITION.

    In this Act, the term ``Attorney General'' means the Attorney 
General, acting through the Commissioner of Immigration and 
Naturalization.
                                 <all>