II 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Citizenship Promotion Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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1 SEC. 2. IMMIGRATION SERVICE FEES. 

2 (a) IN GENERAL.—Subsection (m) of section 286 of 

3 the Immigration and Nationality Act (8 U.S.C. 1356(m)) 

4 is amended to read as follows: 

5 ‘‘(m) IMMIGRATION SERVICE FEES.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2) and notwithstanding any other provision 

8 of law, all adjudication fees as are designated by the 

9 Secretary of Homeland Security in regulations shall 

10 be deposited as offsetting receipts into a separate ac11 count entitled ‘Immigration Examinations Fee Ac12 count’ in the Treasury of the United States, whether 

13 collected directly by the Secretary or through clerks 

14 of courts. 

15 ‘‘(2) VIRGIN ISLANDS AND GUAM.—All fees re16 ceived by the Secretary of Homeland Security from 

17 applicants residing in the Virgin Islands of the 

18 United States, or in Guam, under this subsection 

19 shall be paid over to the treasury of the Virgin Is20 lands or to the treasury of Guam, respectively. 

21 ‘‘(3) FEES FOR IMMIGRATION SERVICES.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the Secretary of Homeland Security 

24 may set fees for providing immigration services 

25 at a level that will— 


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1 ‘‘(i) ensure recovery of the full costs 

2 of providing such services, or a portion 

3 thereof, including the costs of similar serv4 ices provided without charge to asylum ap5 plicants or other immigrants; and 

6 ‘‘(ii) recover the full cost of admin7 istering the collection of fees under this 

8 paragraph, or a portion thereof. 

9 ‘‘(B) REPORT REQUIREMENT.—The Sec10 retary of Homeland Security may not increase 

11 any fee under this paragraph above the level of 

12 such fee on the day before the date of the intro13 duction of the Citizenship Promotion Act of 

14 2007, until— 

15 ‘‘(i) the Secretary submits to the 

16 Committee on the Judiciary of the Senate 

17 and the Committee on the Judiciary of the 

18 House of Representatives a report that— 

19 ‘‘(I) identifies the direct and indi20 rect costs associated with providing 

21 immigration services, and distin22 guishes such costs from immigration 

23 enforcement and national security 

24 costs; and 


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1 ‘‘(II) contains information re2 garding the amount the fee will be in3 creased; and 

4 ‘‘(ii) a period of 45 days has expired 

5 beginning on the date that the report in 

6 clause (i) is received by the committees de7 scribed in such clause.’’. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) the Secretary of Homeland Security should 

11 set fees under section 286(m)(3) of the Immigration 

12 and Nationality Act (8 U.S.C. 1356(m)(3)), as 

13 amended by subsection (a) of this section, at a level 

14 that ensures recovery of only the direct costs associ15 ated with the services described in such section 

16 286(m)(3); and 

17 (2) Congress should appropriate to the Sec18 retary of Homeland Security such funds as may be 

19 necessary to cover the indirect costs associated with 

20 the services described in such section 286(m)(3). 

21 (c) TECHNICAL AMENDMENT.—Section 286 of the 

22 Immigration and Nationality Act (8 U.S.C. 1356) is 

23 amended— 

24 (1) in subsections (d), (e), (f), (h), (i), (j), (k), 

25 (l), (n), (o), (q), (t), and (u), by striking ‘‘Attorney 


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1 General’’ each place it appears and inserting ‘‘Sec2 retary of Homeland Security’’; 

3 (2) in subsection (i) of such section, by striking 

4 ‘‘Attorney General’s’’ and inserting ‘‘Secretary’s’’; 

5 and 

6 (3) in subsection (r)— 

7 (A) in paragraph (2), by striking ‘‘Depart8 ment of Justice’’ and inserting ‘‘Department of 

9 Homeland Security’’; and 

10 (B) in paragraphs (3) and (4), by striking 

11 ‘‘Attorney General’’ each place it appears and 

12 inserting ‘‘Secretary of Homeland Security’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—For 

14 each fiscal year, there is authorized to be appropriated to 

15 the Secretary of Homeland Security an amount equal to 

16 the difference between the fees collected under section 

17 286(m)(3) of the Immigration and Nationality Act (8 

18 U.S.C. 1356(m)(3)), as amended by subsection (a) of this 

19 section, and the cost of providing the services referred to 

20 in such section 286(m)(3). 

21 SEC. 3. ADMINISTRATION OF TESTS FOR NATURALIZATION. 

22 (a) IN GENERAL.—Subsection (a) of section 312 of 

23 the Immigration and Nationality Act (8 U.S.C. 1423) is 

24 amended to read as follows: 

25 ‘‘(a) NATURALIZATION TEST.— 


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1 ‘‘(1) REQUIREMENTS.—Except as otherwise 

2 provided in this title, a person may not be natural3 ized as a citizen of the United States upon the appli4 cation of such person if such person cannot dem5 onstrate the following: 

6 ‘‘(A) A proficiency in the English lan7 guage. 

8 ‘‘(B) A knowledge and understanding of— 

9 ‘‘(i) the fundamentals of the history of 

10 the United States; and 

11 ‘‘(ii) the principles and form of gov12 ernment of the United States. 

13 ‘‘(2) TESTING.— 

14 ‘‘(A) IN GENERAL.—The Secretary of 

15 Homeland Security, in administering any test 

16 that the Secretary uses to determine whether 

17 an applicant for naturalization as a citizen of 

18 the United States has the proficiency and 

19 knowledge sufficient to meet the requirements 

20 of paragraph (1), shall administer such test 

21 uniformly throughout the United States. 

22 ‘‘(B) CONSIDERATION.—In selecting and 

23 phrasing items in the administration of a test 

24 described in subparagraph (A) and in evaluVerDate Aug 31 2005 16:49 Mar 10, 2007 Jkt 059196 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S795.IS S795

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1 ating the performance of an applicant on such 

2 test, the Secretary shall consider the following: 

3 ‘‘(i) The age of the applicant. 

4 ‘‘(ii) The education level of the appli5 cant. 

6 ‘‘(iii) The amount of time the appli7 cant has resided in the United States. 

8 ‘‘(iv) The efforts made by the appli9 cant, and the opportunities available to the 

10 applicant, to acquire the knowledge and 

11 proficiencies required by paragraph (1). 

12 ‘‘(v) Such other factors as the Sec13 retary considers appropriate. 

14 ‘‘(C) ENGLISH LANGUAGE TESTING.—The 

15 requirement in paragraph (1)(A) shall be satis16 factorily met if an applicant can— 

17 ‘‘(i) speak words in ordinary usage in 

18 the English language; and 

19 ‘‘(ii) read or write simple words and 

20 phrases in ordinary usage in the English 

21 language. 

22 ‘‘(D) PROHIBITION ON EXTRAORDINARY

23 AND UNREASONABLE CONDITIONS.—The Sec24 retary may not impose any extraordinary or unVerDate Aug 31 2005 16:49 Mar 10, 2007 Jkt 059196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S795.IS S795

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1 reasonable condition on any applicant seeking 

2 to meet the requirements of paragraph (1).’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

4 such section is amended— 

5 (1) in paragraph (1), by striking ‘‘subsection 

6 (a)’’ and inserting ‘‘subsection (a)(1)’’; 

7 (2) in paragraph (2), by striking ‘‘subsection 

8 (a)(1)’’ and inserting ‘‘subsection (a)(1)(A)’’; and 

9 (3) in paragraph (3)— 

10 (A) by striking ‘‘subsection (a)(2)’’ and in11 serting ‘‘subsection (a)(1)(B)’’; 

12 (B) by striking ‘‘The Attorney General’’ 

13 and inserting ‘‘The Secretary of Homeland Se14 curity’’; and 

15 (C) by striking ‘‘determined by the Attor16 ney General’’ and inserting ‘‘determined by the 

17 Secretary’’. 

18 SEC. 4. VOLUNTARY ELECTRONIC FILING OF APPLICA19 TIONS. 

20 The Secretary of Homeland Security may not require 

21 that an applicant or petitioner for permanent residence or 

22 citizenship of the United States use an electronic method 

23 to file any application to, or access a customer account. 

24 SEC. 5. TIMELY BACKGROUND CHECKS. 

25 (a) STUDY.— 


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1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall conduct a study on the proc3 ess used by the Department of Justice on the day 

4 before the date of the enactment of this Act to con5 duct a background check on an applicant for citizen6 ship of the United States. 

7 (2) REPORT.—Not later than 1 year after the 

8 date of the enactment of this Act and annually 

9 thereafter, the Comptroller General of the United 

10 States shall report to Congress on the findings of 

11 the study required by paragraph (1). 

12 (3) CONTENTS OF REPORT.—The report re13 quired by paragraph (2) shall include the following 

14 information with respect to the calendar year pre15 ceding the date on which the report is filed: 

16 (A) The number of background checks con17 ducted by the Department of Justice on appli18 cants for citizenship of the United States. 

19 (B) The types of such background checks 

20 conducted. 

21 (C) The average time spent on each such 

22 type of background check. 

23 (D) A description of the obstacles that im24 pede the timely completion of such background 

25 checks. 


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1 (b) TIMELY COMPLETION OF BACKGROUND

2 CHECKS.— 

3 (1) IN GENERAL.—With respect to a request 

4 submitted to the Attorney General by the Secretary 

5 of Homeland Security for a background check on an 

6 applicant for temporary or permanent residence or 

7 citizenship of the United States, the Attorney Gen8 eral shall make a reasonable effort to complete a 

9 background check on such applicant not later than 

10 90 days after the Attorney General receives such re11 quest from the Secretary of Homeland Security. 

12 (2) DELAYS ON BACKGROUND CHECKS.—If a 

13 background check described in paragraph (1) is not 

14 completed by the Attorney General before the date 

15 that is 91 days after the date that the Attorney 

16 General receives a request described in paragraph 

17 (1)— 

18 (A) the Attorney General shall document 

19 the reason why such background check was not 

20 completed before such date; and 

21 (B) if such background check is not com22 pleted before the date that is 181 days after the 

23 date of such receipt, then the Attorney General 

24 shall, not later than 210 days after the date of 

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1 sional committees and the Secretary of Home2 land Security a report that describes— 

3 (i) the reason that such background 

4 check was not completed within 180 days; 

5 and 

6 (ii) the earliest date on which the At7 torney General is certain the background 

8 check will be completed. 

9 (3) ANNUAL REPORT ON DELAYED BACK10 GROUND CHECKS.—Not later than the end of each 

11 fiscal year, the Attorney General shall submit to the 

12 appropriate congressional committees a report con13 taining, with respect to that fiscal year— 

14 (A) the number of background checks de15 scribed in subparagraph (B) or (C) of para16 graph (2); 

17 (B) the time taken to complete each such 

18 background check; 

19 (C) a statistical analysis of the causes of 

20 the delays in completing such background 

21 checks; and 

22 (D) a description of the efforts being made 

23 by the Attorney General to address each such 

24 cause. 


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1 (4) NOTIFICATION TO APPLICANT.—If, with re2 spect to a background check on an applicant de3 scribed in paragraph (1), the Secretary of Homeland 

4 Security receives a report under paragraph (2)(C), 

5 then the Secretary shall provide to such applicant a 

6 copy of such report, redacted to remove any classi7 fied information contained therein. 

8 (5) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—In this subsection, the term ‘‘appropriate 

10 congressional committees’’ means the following: 

11 (A) The Committee on the Judiciary of the 

12 Senate. 

13 (B) The Committee on Homeland Security 

14 and Governmental Affairs of the Senate. 

15 (C) The Committee on the Judiciary of the 

16 House of Representatives. 

17 (D) The Committee on Homeland Security 

18 of the House of Representatives. 

19 (6) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to the Attor21 ney General such funds as may be necessary to 

22 carry out the provisions of this subsection. 

23 SEC. 6. NATIONAL CITIZENSHIP PROMOTION PROGRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Not later than January 1, 

2 2008, the Secretary of Homeland Security shall es3 tablish a program to assist aliens who have been 

4 lawfully admitted for permanent residence in becom5 ing citizens of the United States. 

6 (2) DESIGNATION.—The program required by 

7 paragraph (1) shall be known as the ‘‘New Ameri8 cans Initiative’’ (in this section referred to as the 

9 ‘‘Program’’). 

10 (b) PROGRAM ACTIVITIES.—As part of the Program 

11 required by subsection (a), the Secretary of Homeland Se12 curity shall— 

13 (1) award grants in accordance with subsection 

14 (c); and 

15 (2) carry out outreach activities in accordance 

16 with subsection (d). 

17 (c) GRANTS.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security shall award grants to eligible entities to as20 sist aliens who have been lawfully admitted for per21 manent residence in becoming citizens of the United 

22 States. 

23 (2) ELIGIBLE ENTITY DEFINED.—In this sub24 section, the term ‘‘eligible entity’’ means a not-forVerDate Aug 31 2005 16:49 Mar 10, 2007 Jkt 059196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S795.IS S795

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1 profit organization that has experience working with 

2 immigrant communities. 

3 (3) USE OF FUNDS.—Grants awarded under 

4 this subsection shall be used for activities to assist 

5 aliens who have been lawfully admitted for perma6 nent residence in becoming citizens of the United 

7 States, including— 

8 (A) conducting English language and citi9 zenship classes for such aliens; 

10 (B) providing legal assistance, by attorneys 

11 or entities accredited by the Board of Immigra12 tion Appeals, to such aliens to assist such aliens 

13 in becoming citizens of the United States; 

14 (C) carrying out outreach activities and 

15 providing education to immigrant communities 

16 to assist such aliens in becoming citizens of the 

17 United States; and 

18 (D) assisting such aliens with applications 

19 to become citizens of the United States, as al20 lowed by Federal and State law. 

21 (4) APPLICATION FOR GRANT.— 

22 (A) IN GENERAL.—Each eligible entity 

23 seeking a grant under this subsection shall sub24 mit an application to the Secretary of Home25 land Security at such time, in such manner, 


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1 and accompanied by such information as the 

2 Secretary shall require. 

3 (B) CONTENTS.—Each application sub4 mitted pursuant to subparagraph (A) shall in5 clude a description of— 

6 (i) the activities for which a grant 

7 under this section is sought; 

8 (ii) the manner in which the entity 

9 plans to leverage available private and 

10 State and local government resources to 

11 assist aliens who have been lawfully admit12 ted for permanent residence in becoming 

13 citizens of the United States; 

14 (iii) the experience of the entity in 

15 carrying out the activities for which a 

16 grant under this section is sought, includ17 ing the number of aliens and geographic 

18 regions served by such entity; and 

19 (iv) the manner in which the entity 

20 plans to employ best practices developed by 

21 adult educators, State and local govern22 ments, and community organizations— 

23 (I) to promote citizenship and 

24 civic participation by such aliens; and 


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1 (II) to provide assistance to such 

2 aliens with the process of becoming 

3 citizens of the United States. 

4 (d) OUTREACH.—The Secretary of Homeland Secu5 rity shall— 

6 (1) develop outreach materials targeted to 

7 aliens who have been lawfully admitted for perma8 nent residence to encourage such aliens to apply to 

9 become citizens of the United States; and 

10 (2) make such outreach materials available 

11 through— 

12 (A) public service announcements; 

13 (B) advertisements; and 

14 (C) such other media as the Secretary de15 termines is appropriate. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary of 

18 Homeland Security, $80,000,000 to carry out this section. 

Æ 


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