[Congressional Record Volume 144, Number 21 (Thursday, March 5, 1998)]
[Senate]
[Pages S1443-S1445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY:
  S. 1717. A bill to amend the Immigration and Nationality Act to 
strengthen the naturalization process; to the Committee on the 
Judiciary.


                    the new american citizenship act

  Mr. KENNEDY. Mr. President, few aspects of immigration are more 
important than the naturalization of new Americans. Naturalization goes 
to the heart of those we welcome to join our country. Unlike those of 
us who were born in this country, naturalized immigrants are Americans 
by choice. Naturalization is the occasion when these new citizens 
embrace our nation, and our nation embraces them.
  Unfortunately, America's immigrant heritage and history are under 
increasing attack today. Legal immigrants have been unfairly hurt by 
recent actions to deal with illegal immigration. Voting rights, welfare 
benefits, and naturalization itself are also under assault.
  It now takes two to four years for immigrants to become naturalized 
citizens. The backlogs continue to increase. It is time to improve the 
naturalization process, and deal more responsibly with these important 
issues.
  Today, Congressman Gephardt and I are introducing the ``New American 
Citizenship Act,'' because we believe legal immigrants deserve a fair, 
efficient and affordable way to become citizens. Our bill builds on the 
recent reforms by INS to reach out to potential new citizens, help them 
learn our history and form of government, and ensure that the 
naturalization process is one in which America can take pride.
  Our bill provides increased services, and requires INS to reduce the 
naturalization process to six months with no backlogs. We encourage 
local communities to help in this effort, by disseminating information 
to community-

[[Page S1444]]

based organizations on the requirements of citizenship and the contents 
of the naturalization exam. Under our proposal, INS cannot increase the 
naturalization fee to more than $150 until they have shown progress in 
reducing the backlog.
  In addition, we take specific steps to prevent fraud and abuse in the 
exam. We strengthen the fingerprint process to prevent the mistaken 
naturalization of unqualified applicants.
  Each naturalization ceremony represents the continuing renewal and 
revitalization of our country. As Barbara Jordan said,

       We are a nation of immigrants, dedicated to the rule of 
     law. That is our history and our challenge to ourselves. . . 
     . It is literally a matter of who we are as a nation and who 
     we become as a people. E Pluribus Unum. Out of many, one. One 
     people. The American people.

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1717

       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

[[Page S1445]]

     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.
                                 ______