[110th CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1379ih.txt]
[Introduced in House]
110th CONGRESS
1st Session
H. R. 1379
To assist aliens who have been lawfully admitted in becoming citizens
of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2007
Mr. Gutierrez (for himself, Ms. Schakowsky, Mr. Honda, Mr. Abercrombie,
Ms. Solis, Mr. Pastor, Mr. Grijalva, and Mr. Reyes) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To assist aliens who have been lawfully admitted in becoming citizens
of the United States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Citizenship
Promotion Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Immigration service fees.
Sec. 3. Administration of tests for naturalization.
Sec. 4. Voluntary electronic filing of applications.
Sec. 5. Timely background checks.
Sec. 6. National citizenship promotion program.
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:
``(m) Immigration Service Fees.--
``(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.
``(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.
``(3) Fees for immigration services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Homeland Security may set fees for
providing immigration services at a level that will--
``(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; and
``(ii) recover the full cost of
administering the collection of fees under this
paragraph, or a portion thereof.
``(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--
``(i) the Secretary s to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that--
``(I) identifies the direct and
indirect costs associated with
providing immigration services, and
distinguishes such costs from
immigration enforcement and national
security costs; and
``(II) contains information
regarding the amount the fee will be
increased; and
``(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.''.
(b) Sense of Congress.--It is the sense of Congress that--
(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); and
(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).
(c) Technical Amendment.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended--
(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'';
(2) in subsection (i) of such section, by striking
``Attorney General's'' and inserting ``Secretary's''; and
(3) in subsection (r)--
(A) in paragraph (2), by striking ``Department of
Justice'' and inserting ``Department of Homeland
Security''; and
(B) in paragraphs (3) and (4), by striking
``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
(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).
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:
``(a) Naturalization Test.--
``(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:
``(A) A proficiency in the English language.
``(B) A knowledge and understanding of--
``(i) the fundamentals of the history of
the United States; and
``(ii) the principles and form of
government of the United States.
``(2) Testing.--
``(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.
``(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:
``(i) The age of the applicant.
``(ii) The education level of the
applicant.
``(iii) The amount of time the applicant
has resided in the United States.
``(iv) The efforts made by the applicant,
and the opportunities available to the
applicant, to acquire the knowledge and
proficiencies required by paragraph (1).
``(v) Such other factors as the Secretary
considers appropriate.
``(C) English language testing.--The requirement in
paragraph (1)(A) shall be satisfactorily met if an
applicant can--
``(i) speak words in ordinary usage in the
English language; and
``(ii) read or write simple words and
phrases in ordinary usage in the English
language.
``(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).''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)'';
(2) in paragraph (2), by striking ``subsection (a)(1)'' and
inserting ``subsection (a)(1)(A)''; and
(3) in paragraph (3)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (a)(1)(B)'';
(B) by striking ``The Attorney General'' and
inserting ``The Secretary of Homeland Security''; and
(C) by striking ``determined by the Attorney
General'' and inserting ``determined by the
Secretary''.
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.
SEC. 5. TIMELY BACKGROUND CHECKS.
(a) Study.--
(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.
(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).
(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:
(A) The number of background checks conducted by
the Department of Justice on applicants for citizenship
of the United States.
(B) The types of such background checks conducted.
(C) The average time spent on each such type of
background check.
(D) A deion of the obstacles that impede the
timely completion of such background checks.
(b) Timely Completion of Background Checks.--
(1) In general.--With respect to a request ted 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.
(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)--
(A) the Attorney General shall document the reason
why such background check was not completed before such
date;
(B) if such background check is not completed
before the date that is 121 days after the date of such
receipt, then the Attorney General shall document the
reason why such background check was not completed
before such date; and
(C) 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, to
the appropriate congressional committees and the
Secretary of Homeland Security a report that
describes--
(i) the reason that such background check
was not completed within 180 days; and
(ii) the earliest date on which the
Attorney General is certain the background
check will be completed.
(3) Annual report on delayed background checks.--Not later
than the end of each fiscal year, the Attorney General shall
to the appropriate congressional committees a report
containing, with respect to that fiscal year--
(A) the number of background checks described in
subparagraph (B) or (C) of paragraph (2);
(B) the time taken to complete each such background
check;
(C) a statistical analysis of the causes of the
delays in completing such background checks; and
(D) a deion of the efforts being made by the
Attorney General to address each such cause.
(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.
(5) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on the Judiciary of the Senate.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committee on the Judiciary of the House of
Representatives.
(D) The Committee on Homeland Security of the House
of Representatives.
(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.
SEC. 6. NATIONAL CITIZENSHIP PROMOTION PROGRAM.
(a) Establishment.--
(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.
(2) Designation.--The program required by paragraph (1)
shall be known as the ``New Americans Initiative'' (in this
section referred to as the ``Program'').
(b) Program Activities.--As part of the Program required by
subsection (a), the Secretary of Homeland Security shall--
(1) award grants in accordance with subsection (c); and
(2) carry out outreach activities in accordance with
subsection (d).
(c) Grants.--
(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.
(2) Eligible entity defined.--In this subsection, the term
``eligible entity'' means a not-for-profit organization that
has experience working with immigrant communities.
(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--
(A) conducting English language and citizenship
classes for such aliens;
(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;
(C) carrying out outreach activities and providing
education to immigrant communities to assist such
aliens in becoming citizens of the United States; and
(D) assisting such aliens with applications to
become citizens of the United States, as allowed by
Federal and State law.
(4) Application for grant.--
(A) In general.--Each eligible entity seeking a
grant under this subsection shall an application
to the Secretary of Homeland Security at such time, in
such manner, and accompanied by such information as the
Secretary shall require.
(B) Contents.--Each application ted pursuant
to subparagraph (A) shall include a deion of--
(i) the activities for which a grant under
this section is sought;
(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;
(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; and
(iv) the manner in which the entity plans
to employ best practices developed by adult
educators, State and local governments, and
community organizations--
(I) to promote citizenship and
civic participation by such aliens; and
(II) to provide assistance to such
aliens with the process of becoming
citizens of the United States.
(d) Outreach.--The Secretary of Homeland Security shall--
(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;
and
(2) make such outreach materials available through--
(A) public service announcements;
(B) advertisements; and
(C) such other media as the Secretary determines is
appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security, $80,000,000 to
carry out this section.