I

103D CONGRESS

2D SESSION H. R. 4042

To require a report on the timeliness of processing applications for

naturalization.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. FARR of California (for himself, Mr. DELLUMS, Ms. SCHENK, Mr. PASTOR, Mr. TORRES, Mr. BECERRA, Mr. BERMAN, Mr. BEILENSON, Mr.

FILNER, Ms. ROYBAL-ALLARD, and Mr. FAZIO) introduced the following

bill; which was referred to the Committee on the Judiciary

A BILL

To require a report on the timeliness of processing

applications for naturalization.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPORT ON TIMELINESS IN THE PROCESSING

4 OF APPLICATIONS FOR NATURALIZATION.

5 (a) IN GENERAL.—Not later than January 31, 1995,

6 the Commissioner of Immigration and Naturalization shall

7 submit to the Congress a report on timeliness in the proc8 essing of applications for naturalization. The report shall

9 include—
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1 (1) information, described in subsection (b),

2 concerning timeliness in the processing of applica3 tions for naturalization;

4 (2) analyses, described in subsection (c), of the

5 reasons for any excessive delays in processing appli6 cations and of the resources needed to eliminate

7 such delays; and

8 (3) a plan, described in subsection (d), to elimi9 nate such excessive delays.

10 (b) INFORMATION IN REPORT.—

11 (1) EXCESSIVE DELAY.—The report required by

12 subsection (a) shall include a statement of—

13 (A) the number of applications for natu14 ralization that were not approved or dis15 approved within 120 days of the date on which

16 the Immigration and Naturalization Service re17 ceived them; and

18 (B) the number of individuals who were

19 not sworn in as citizens within 45 days of the

20 date of the approval of their applications for

21 naturalization.

22 (2) ADDITIONAL INFORMATION.—The report

23 required by subsection (a) also shall include the

24 following:
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1 (A) TIME TAKEN TO PROCESS.—A state2 ment of the average length of time that

3 elapsed—

4 (i) from the date that an application

5 for naturalization was received by the INS

6 to the date that the application was filed;

7 (ii) from the date that an application

8 for naturalization was filed to the date

9 that the applicant completed the interview

10 used to fulfill requirements of the Immi11 gration and Nationality Act (8 U.S.C.

12 1101 et seq.);

13 (iii) from the date that the applicant

14 completed the interview to the date that

15 the application was approved; and

16 (iv) from the date that an application

17 for naturalization was approved to the date

18 that the applicant was sworn in as a

19 citizen.

20 (B) NUMBER OF APPLICATIONS IN SYS21 TEM.—A statement, for January 1, April 1,

22 July 1, and October 1 of each relevant year, of

23 the number of applicants—
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1 (i) whose applications for naturaliza2 tion were received by the INS but not yet

3 filed;

4 (ii) whose applications for naturaliza5 tion were filed, but who had not yet com6 pleted the interview used to fulfill require7 ments of the Immigration and Nationality

8 Act (8 U.S.C. 1101 et seq.);

9 (iii) who had completed the interview

10 but whose applications for naturalization

11 had not yet been approved or disapproved;

12 and

13 (iv) whose applications had been ap14 proved, but who had not yet been sworn15 in.

16 (C) NUMBER OF APPLICATIONS RE17 CEIVED.—A statement of—

18 (i) the number of applications for nat19 uralization that were received by the INS;

20 and

21 (ii) the number of applications for

22 naturalization that the INS expects to re23 ceive in each of the calendar years 1994,

24 1995, 1996, 1997, and 1998, and an ex-
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1 planation of how the expected numbers of

2 applications were calculated.

3 (D) ADEQUACY OF FEES.—A statement

4 of—

5 (i) the amount of money the INS col6 lects by imposing fees for the processing of

7 applications for naturalization;

8 (ii) what expenses are paid with the

9 money from such fees; and

10 (iii) the cost of processing applications

11 for naturalization.

12 (3) BREAKDOWN OF INFORMATION BY OFFICE

13 AND YEAR.—The information required by this sub14 section shall be reported—

15 (A) by office, for each regional and district

16 office of the INS that is located in the United

17 States; and

18 (B) by year, for applications received by

19 the INS in the calendar years 1991, 1992, and

20 1993, except for the information required by

21 paragraph (2)(C)(ii).

22 (c) ANALYSES IN REPORT.—

23 (1) REASONS FOR DELAY.—The report required

24 by subsection (a) shall include a statement of the
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1 reasons for the excessive delay reported under sub2 section (b)(1).

3 (2) RESOURCES NEEDED.—The report required

4 by subsection (a) also shall include a detailed list of

5 the budgetary, staff, and other resources—

6 (A) that are used to process applications

7 for naturalization; and

8 (B) that would be adequate to process ap9 plications for naturalization in a timely manner.

10 (3) BREAKDOWN OF ANALYSES.—The analyses

11 required by paragraphs (1) and (2) shall be re12 ported—

13 (A) by type of excessive delay, according to

14 the categories described in subsection (e)(1);

15 and

16 (B) by office and year, according to the

17 categories described in subsection (b)(3).

18 (d) PLAN TO IMPROVE TIMELINESS.—

19 (1) IN GENERAL.—The report required by sub20 section (a) shall include a plan specifying how the

21 INS will process applications for naturalization in a

22 timely manner, including—

23 (A) how the INS will process applications

24 for naturalization that are received by the INS

25 after April 30, 1995, in a timely manner, tak-
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1 ing into account the expected future increase in

2 the number of applications for naturalization;

3 and

4 (B) how the INS will process applications

5 that are received by the INS on or before April

6 30, 1995, in order to eliminate, by April 30,

7 1996, the backlog composed of individuals who

8 are experiencing excessive delay.

9 (2) SPECIFICS.—The plan required by para10 graph (1) shall include—

11 (A) suggested methods to utilize existing

12 INS staff more effectively;

13 (B) an evaluation of the possibility of

14 using computer technology to improve the proc15 essing of applications for naturalization; and

16 (C) proposals for any statutory change or

17 other congressional action that the Commis18 sioner of Immigration and Naturalization be19 lieves is necessary to process applications for

20 naturalization in a timely manner.

21 (e) DEFINITIONS.—For purposes of this section:

22 (1) The term ‘‘excessive delay’’ means the fol23 lowing types of delay:

24 (A) A delay of more than 120 days be25 tween the date that an application for natu-
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1 ralization is received by the INS and the date

2 that the application is approved or disapproved.

3 (B) A delay of more than 45 days between

4 the date that an application for naturalization

5 is approved and the date that the applicant is

6 sworn in as a citizen.

7 (2) The term ‘‘filed’’ means entered into a com8 puter system used by the INS.

9 (3) The term ‘‘INS’’ means the Immigration

10 and Naturalization Service.

11 (4) The term ‘‘timely manner’’ means without

12 excessive delay.

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