S 795 ISCommentsClose CommentsPermalink

To assist aliens who have been lawfully admitted in becoming citizens of the United States, and for other purposes.CommentsClose CommentsPermalink

March 7, 2007

Mr. OBAMA (for himself, Mr. MENENDEZ, Mr. SALAZAR, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To assist aliens who have been lawfully admitted in becoming citizens of the United States, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Citizenship Promotion Act of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Immigration service fees.CommentsClose CommentsPermalink





Sec. 3. Administration of tests for naturalization.CommentsClose CommentsPermalink





Sec. 4. Voluntary electronic filing of applications.CommentsClose CommentsPermalink





Sec. 5. Timely background checks.CommentsClose CommentsPermalink





Sec. 6. National citizenship promotion program.CommentsClose CommentsPermalink

SEC. 2. IMMIGRATION SERVICE FEES.

(a) In General- Subsection (m) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows:CommentsClose CommentsPermalink





`(m) Immigration Service Fees-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as provided in paragraph (2) and notwithstanding any other provision of law, all adjudication fees as are designated by the Secretary of Homeland Security in regulations shall be deposited as offsetting receipts into a separate account entitled `Immigration Examinations Fee Account' in the Treasury of the United States, whether collected directly by the Secretary or through clerks of courts.CommentsClose CommentsPermalink





`(2) VIRGIN ISLANDS AND GUAM- All fees received by the Secretary of Homeland Security from applicants residing in the Virgin Islands of the United States, or in Guam, under this subsection shall be paid over to the treasury of the Virgin Islands or to the treasury of Guam, respectively.CommentsClose CommentsPermalink





`(3) FEES FOR IMMIGRATION SERVICES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraph (B), the Secretary of Homeland Security may set fees for providing immigration services at a level that will--CommentsClose CommentsPermalink





`(i) ensure recovery of the full costs of providing such services, or a portion thereof, including the costs of similar services provided without charge to asylum applicants or other immigrants; andCommentsClose CommentsPermalink





`(ii) recover the full cost of administering the collection of fees under this paragraph, or a portion thereof.CommentsClose CommentsPermalink





`(B) REPORT REQUIREMENT- The Secretary of Homeland Security may not increase any fee under this paragraph above the level of such fee on the day before the date of the introduction of the Citizenship Promotion Act of 2007, until--CommentsClose CommentsPermalink





`(i) the Secretary submits to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that--CommentsClose CommentsPermalink





`(I) identifies the direct and indirect costs associated with providing immigration services, and distinguishes such costs from immigration enforcement and national security costs; andCommentsClose CommentsPermalink





`(II) contains information regarding the amount the fee will be increased; andCommentsClose CommentsPermalink





`(ii) a period of 45 days has expired beginning on the date that the report in clause (i) is received by the committees described in such clause.'.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Secretary of Homeland Security should set fees under section 286(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this section, at a level that ensures recovery of only the direct costs associated with the services described in such section 286(m)(3); andCommentsClose CommentsPermalink





(2) Congress should appropriate to the Secretary of Homeland Security such funds as may be necessary to cover the indirect costs associated with the services described in such section 286(m)(3).CommentsClose CommentsPermalink





(c) Technical Amendment- Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended--CommentsClose CommentsPermalink





(1) in subsections (d), (e), (f), (h), (i), (j), (k), (l), (n), (o), (q), (t), and (u), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(2) in subsection (i) of such section, by striking `Attorney General's' and inserting `Secretary's'; andCommentsClose CommentsPermalink





(3) in subsection (r)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking `Department of Justice' and inserting `Department of Homeland Security'; andCommentsClose CommentsPermalink





(B) in paragraphs (3) and (4), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- For each fiscal year, there is authorized to be appropriated to the Secretary of Homeland Security an amount equal to the difference between the fees collected under section 286(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this section, and the cost of providing the services referred to in such section 286(m)(3).CommentsClose CommentsPermalink

SEC. 3. ADMINISTRATION OF TESTS FOR NATURALIZATION.

(a) In General- Subsection (a) of section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Naturalization Test-CommentsClose CommentsPermalink





`(1) REQUIREMENTS- Except as otherwise provided in this title, a person may not be naturalized as a citizen of the United States upon the application of such person if such person cannot demonstrate the following:CommentsClose CommentsPermalink





`(A) A proficiency in the English language.CommentsClose CommentsPermalink





`(B) A knowledge and understanding of--CommentsClose CommentsPermalink





`(i) the fundamentals of the history of the United States; andCommentsClose CommentsPermalink





`(ii) the principles and form of government of the United States.CommentsClose CommentsPermalink





`(2) TESTING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary of Homeland Security, in administering any test that the Secretary uses to determine whether an applicant for naturalization as a citizen of the United States has the proficiency and knowledge sufficient to meet the requirements of paragraph (1), shall administer such test uniformly throughout the United States.CommentsClose CommentsPermalink





`(B) CONSIDERATION- In selecting and phrasing items in the administration of a test described in subparagraph (A) and in evaluating the performance of an applicant on such test, the Secretary shall consider the following:CommentsClose CommentsPermalink





`(i) The age of the applicant.CommentsClose CommentsPermalink





`(ii) The education level of the applicant.CommentsClose CommentsPermalink





`(iii) The amount of time the applicant has resided in the United States.CommentsClose CommentsPermalink





`(iv) The efforts made by the applicant, and the opportunities available to the applicant, to acquire the knowledge and proficiencies required by paragraph (1).CommentsClose CommentsPermalink





`(v) Such other factors as the Secretary considers appropriate.CommentsClose CommentsPermalink





`(C) ENGLISH LANGUAGE TESTING- The requirement in paragraph (1)(A) shall be satisfactorily met if an applicant can--CommentsClose CommentsPermalink





`(i) speak words in ordinary usage in the English language; andCommentsClose CommentsPermalink





`(ii) read or write simple words and phrases in ordinary usage in the English language.CommentsClose CommentsPermalink





`(D) PROHIBITION ON EXTRAORDINARY AND UNREASONABLE CONDITIONS- The Secretary may not impose any extraordinary or unreasonable condition on any applicant seeking to meet the requirements of paragraph (1).'.CommentsClose CommentsPermalink





(b) Conforming Amendments- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `subsection (a)' and inserting `subsection (a)(1)';CommentsClose CommentsPermalink





(2) in paragraph (2), by striking `subsection (a)(1)' and inserting `subsection (a)(1)(A)'; andCommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking `subsection (a)(2)' and inserting `subsection (a)(1)(B)';CommentsClose CommentsPermalink





(B) by striking `The Attorney General' and inserting `The Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(C) by striking `determined by the Attorney General' and inserting `determined by the Secretary'.CommentsClose CommentsPermalink

SEC. 4. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.

The Secretary of Homeland Security may not require that an applicant or petitioner for permanent residence or citizenship of the United States use an electronic method to file any application to, or access a customer account.CommentsClose CommentsPermalink

SEC. 5. TIMELY BACKGROUND CHECKS.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall conduct a study on the process used by the Department of Justice on the day before the date of the enactment of this Act to conduct a background check on an applicant for citizenship of the United States.CommentsClose CommentsPermalink





(2) REPORT- Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall report to Congress on the findings of the study required by paragraph (1).CommentsClose CommentsPermalink





(3) CONTENTS OF REPORT- The report required by paragraph (2) shall include the following information with respect to the calendar year preceding the date on which the report is filed:CommentsClose CommentsPermalink





(A) The number of background checks conducted by the Department of Justice on applicants for citizenship of the United States.CommentsClose CommentsPermalink





(B) The types of such background checks conducted.CommentsClose CommentsPermalink





(C) The average time spent on each such type of background check.CommentsClose CommentsPermalink





(D) A description of the obstacles that impede the timely completion of such background checks.CommentsClose CommentsPermalink





(b) Timely Completion of Background Checks-CommentsClose CommentsPermalink





(1) IN GENERAL- With respect to a request submitted to the Attorney General by the Secretary of Homeland Security for a background check on an applicant for temporary or permanent residence or citizenship of the United States, the Attorney General shall make a reasonable effort to complete a background check on such applicant not later than 90 days after the Attorney General receives such request from the Secretary of Homeland Security.CommentsClose CommentsPermalink





(2) DELAYS ON BACKGROUND CHECKS- If a background check described in paragraph (1) is not completed by the Attorney General before the date that is 91 days after the date that the Attorney General receives a request described in paragraph (1)--CommentsClose CommentsPermalink





(A) the Attorney General shall document the reason why such background check was not completed before such date; andCommentsClose CommentsPermalink





(B) if such background check is not completed before the date that is 181 days after the date of such receipt, then the Attorney General shall, not later than 210 days after the date of such receipt, submit to the appropriate congressional committees and the Secretary of Homeland Security a report that describes--CommentsClose CommentsPermalink





(i) the reason that such background check was not completed within 180 days; andCommentsClose CommentsPermalink





(ii) the earliest date on which the Attorney General is certain the background check will be completed.CommentsClose CommentsPermalink





(3) ANNUAL REPORT ON DELAYED BACKGROUND CHECKS- Not later than the end of each fiscal year, the Attorney General shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year--CommentsClose CommentsPermalink





(A) the number of background checks described in subparagraph (B) or (C) of paragraph (2);CommentsClose CommentsPermalink





(B) the time taken to complete each such background check;CommentsClose CommentsPermalink





(C) a statistical analysis of the causes of the delays in completing such background checks; andCommentsClose CommentsPermalink





(D) a description of the efforts being made by the Attorney General to address each such cause.CommentsClose CommentsPermalink





(4) NOTIFICATION TO APPLICANT- If, with respect to a background check on an applicant described in paragraph (1), the Secretary of Homeland Security receives a report under paragraph (2)(C), then the Secretary shall provide to such applicant a copy of such report, redacted to remove any classified information contained therein.CommentsClose CommentsPermalink





(5) APPROPRIATE CONGRESSIONAL COMMITTEES- In this subsection, the term `appropriate congressional committees' means the following:CommentsClose CommentsPermalink





(A) The Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(B) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(C) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(D) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Attorney General such funds as may be necessary to carry out the provisions of this subsection.CommentsClose CommentsPermalink

SEC. 6. NATIONAL CITIZENSHIP PROMOTION PROGRAM.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than January 1, 2008, the Secretary of Homeland Security shall establish a program to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States.CommentsClose CommentsPermalink





(2) DESIGNATION- The program required by paragraph (1) shall be known as the `New Americans Initiative' (in this section referred to as the `Program').CommentsClose CommentsPermalink





(b) Program Activities- As part of the Program required by subsection (a), the Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(1) award grants in accordance with subsection (c); andCommentsClose CommentsPermalink





(2) carry out outreach activities in accordance with subsection (d).CommentsClose CommentsPermalink





(c) Grants-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Homeland Security shall award grants to eligible entities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States.CommentsClose CommentsPermalink





(2) ELIGIBLE ENTITY DEFINED- In this subsection, the term `eligible entity' means a not-for-profit organization that has experience working with immigrant communities.CommentsClose CommentsPermalink





(3) USE OF FUNDS- Grants awarded under this subsection shall be used for activities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States, including--CommentsClose CommentsPermalink





(A) conducting English language and citizenship classes for such aliens;CommentsClose CommentsPermalink





(B) providing legal assistance, by attorneys or entities accredited by the Board of Immigration Appeals, to such aliens to assist such aliens in becoming citizens of the United States;CommentsClose CommentsPermalink





(C) carrying out outreach activities and providing education to immigrant communities to assist such aliens in becoming citizens of the United States; andCommentsClose CommentsPermalink





(D) assisting such aliens with applications to become citizens of the United States, as allowed by Federal and State law.CommentsClose CommentsPermalink





(4) APPLICATION FOR GRANT-CommentsClose CommentsPermalink





(A) IN GENERAL- Each eligible entity seeking a grant under this subsection shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary shall require.CommentsClose CommentsPermalink





(B) CONTENTS- Each application submitted pursuant to subparagraph (A) shall include a description of--CommentsClose CommentsPermalink





(i) the activities for which a grant under this section is sought;CommentsClose CommentsPermalink





(ii) the manner in which the entity plans to leverage available private and State and local government resources to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States;CommentsClose CommentsPermalink





(iii) the experience of the entity in carrying out the activities for which a grant under this section is sought, including the number of aliens and geographic regions served by such entity; andCommentsClose CommentsPermalink





(iv) the manner in which the entity plans to employ best practices developed by adult educators, State and local governments, and community organizations--CommentsClose CommentsPermalink





(I) to promote citizenship and civic participation by such aliens; andCommentsClose CommentsPermalink





(II) to provide assistance to such aliens with the process of becoming citizens of the United States.CommentsClose CommentsPermalink





(d) Outreach- The Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(1) develop outreach materials targeted to aliens who have been lawfully admitted for permanent residence to encourage such aliens to apply to become citizens of the United States; andCommentsClose CommentsPermalink





(2) make such outreach materials available through--CommentsClose CommentsPermalink





(A) public service announcements;CommentsClose CommentsPermalink





(B) advertisements; andCommentsClose CommentsPermalink





(C) such other media as the Secretary determines is appropriate.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security, $80,000,000 to carry out this section.CommentsClose CommentsPermalink