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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 795 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 795

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             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 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 submits 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 description 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 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.
            (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; and
                    (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--
                            (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 
        submit 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 description 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 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.
                    (B) Contents.--Each application submitted pursuant 
                to subparagraph (A) shall include a description 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.
                                 <all>
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