591 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)). 
(2) How best to promote the employment cre-
ation program described in such section overseas to 
potential immigrant investors. 
(b) REPORT.—The Secretary of Homeland Security 
shall submit a report to the Congress not later than 1 
year after the date of the enactment of this Act containing 
the results of the study conducted under subsection (a). 
SEC. 598. FULL-TIME EQUIVALENTS. 
(a) IN GENERAL.—Section 203(b)(5)(A)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(A)(ii)) is amended by inserting ‘‘(or full-time 
equivalent)’’ after ‘‘full-time’’. 
(b) DEFINITION.—Section 203(b)(5)(D) of such Act 
(8 U.S.C. 1153(b)(5)(D)) is amended to read as follows: 
‘‘(D) 
EMPLOYMENT-RELATED
DEFINI-
TIONS.— 
‘‘(i) FULL-TIME
EMPLOYMENT
DE-
FINED.—In this paragraph, the term ‘full- 
time employment’ means employment in a 
position that requires at least 35 hours of 
service per week at any time, regardless of 
who fills the position. 
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592 
‘‘(ii) FULL-TIME
EQUIVALENT
EM-
PLOYMENT DEFINED.—In this paragraph, 
the term ‘full-time equivalent employment’ 
means employment representing the num-
ber of full-time employees that could have 
been employed if the reported number of 
hours worked by part-time employees had 
been worked by full-time employees. This 
shall be calculated by dividing the part- 
time hours paid by the standard number of 
hours for full-time employees.’’. 
SEC. 599. ELIGIBILITY FOR ADJUSTMENT OF STATUS. 
Section 245(k) of the Immigration and Nationality 
Act (8 U.S.C. 1255(k)) is amended, in the matter pre-
ceding paragraph (1), by striking ‘‘(1), (2), or (3)’’ and 
inserting ‘‘(1), (2), (3), or (5)’’. 
SEC. 599A. EXPANSION OF EB–5 ELIGIBILITY TO INCLUDE 
QUALIFIED IMMIGRANTS WHO COMPLETE IN-
VESTMENT AGREEMENTS. 
(a) CHANGES TO INVESTMENT CRITERIA.—Section 
203(b)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)(A)) is amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘partnership)—’’ and inserting ‘‘partnership) as 
follows:’’ 
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593 
(2) in clause (i)— 
(A) by striking ‘‘(i) in which’’ and insert-
ing the following: 
‘‘(i) A new commercial enterprise— 
‘‘(I) in which’’; 
(B) by striking ‘‘, and’’ at the end and in-
serting a semicolon; and 
(C) by adding at the end the following: 
‘‘(II) with respect to which such 
alien has completed an investment 
agreement with a qualified venture 
capital operating company for an in-
vestment in the enterprise of an 
amount not less than the amount 
specified in subparagraph (C); or 
‘‘(III) with respect to which such 
alien has completed an investment 
agreement with 1 or more angel inves-
tors for an investment in the enter-
prise of an amount not less than the 
amount specified in subparagraph 
(C).’’; and 
(3) in clause (ii)— 
(A) by striking ‘‘(ii) which will’’ and insert-
ing the following: 
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594 
‘‘(ii) In the case of an enterprise— 
‘‘(I) described in clause (i)(I), 
which will’’; 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(II) described in subparagraph 
(II) or (III) of clause (i), which will 
benefit the United States economy 
and create full-time employment for 
not fewer than 5 United States citi-
zens or aliens lawfully admitted for 
permanent residence or other immi-
grants lawfully authorized to be em-
ployed in the United States (other 
than the immigrant and the immi-
grant’s spouse, sons, or daughters).’’. 
(b) CHANGES TO CAPITAL REQUIREMENTS.—Section 
203(b)(5)(C)(i) of such Act (8 U.S.C. 1153(b)(5)(C)(i)) 
is amended by inserting after ‘‘$1,000,000’’ the following: 
‘‘in the case of an enterprise described in subparagraph 
(A)(i)(I), $500,000 in the case of an enterprise described 
in subparagraph (A)(i)(II), and $500,000 in the case of 
an enterprise described in subparagraph (A)(i)(III)’’. 
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595 
(c) DEFINITIONS.—Section 203(b)(5) of such Act (8 
U.S.C. 1153(b)(5)) is amended by adding at the end the 
following: 
‘‘(E) QUALIFIED VENTURE CAPITAL OPER-
ATING COMPANY DEFINED.—In this paragraph, 
the term ‘qualified venture capital operating 
company’ means an entity that— 
‘‘(i) is registered under the Invest-
ment Company Act of 1940 (15 U.S.C. 
80a-1 et seq.); or 
‘‘(ii) is an investment company, as de-
fined in subsection (a)(1) of section 3 of 
such Act (15 U.S.C. 80a-3), that is exempt 
from registration under subsection (c)(1) 
or (c)(7) of such section, is not registered, 
and— 
‘‘(I) is organized or incorporated, 
and domiciled, in the United States, 
and the majority ownership of which 
is composed of United States citizens 
or aliens lawfully admitted to the 
United States for permanent resi-
dence; or 
‘‘(II) is owned or controlled by an 
entity that is organized or incor-
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596 
porated, and domiciled, in the United 
States, and the majority ownership of 
that entity is composed of United 
States citizens or aliens lawfully ad-
mitted to the United States for per-
manent residence. 
‘‘(F) ANGEL INVESTOR DEFINED.—In this 
paragraph, the term ‘angel investor’ means— 
‘‘(i) any individual who is a United 
States citizen or an alien lawfully admitted 
to the United States for permanent resi-
dence, or any entity wholly owned and con-
trolled by United States citizens or aliens 
lawfully admitted to the United States for 
permanent residence; or 
‘‘(ii) any entity that has made at least 
5 angel investments totaling at least 
$500,000 during the 3 years preceding the 
completion of an investment agreement de-
scribed in subparagraph (A)(i)(III). 
‘‘(G) ANGEL INVESTMENT.—In this para-
graph, the term ‘angel investment’ means an in-
vestment made in a commercial enterprise that, 
prior to such investment, was not owned or con-
trolled by— 
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597 
‘‘(i) the investor; 
‘‘(ii) any member of the immediate 
family of the investor; or 
‘‘(iii) any entity owned or controlled 
by any member of the immediate family of 
the investor.’’. 
(d) CONFORMING AMENDMENTS
TO CONDITIONAL 
PERMANENT STATUS PROVISIONS.— 
(1) TERMINATION OF STATUS IF FINDING THAT 
QUALIFYING ENTREPRENEURSHIP IMPROPER.—Sec-
tion 
216A(b)(1)(B) 
of 
such 
Act 
(8 
U.S.C. 
1186b(b)(1)(B)) is amended to read as follows: 
‘‘(B)(i) the alien— 
‘‘(I) did not invest, or was not actively 
in the process of investing, the requisite 
capital 
described 
in 
section 
203(b)(5)(A)(i)(I), or was not sustaining 
such actions throughout the period of the 
alien’s residence in the United States; or 
‘‘(II) did not complete an investment 
agreement described in subclause (II) or 
(III) of section 203(b)(5)(A)(i), or such 
agreement was not carried out or was not 
actively in the process of being carried out; 
or 
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598 
‘‘(ii) the commercial enterprise did not— 
‘‘(I) create the minimum number of 
jobs required to be created under section 
203(b)(5)(A)(ii); or 
‘‘(II) generate a profit and at least 
$1,000,000 in revenue; or’’. 
(2) 
CONTENTS
OF
PETITION.—Section 
216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) is 
amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘that the alien—’’ and insert-
ing ‘‘that—’’; 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A)(i) the alien— 
‘‘(I) invested, or was actively in the 
process of investing, the requisite capital 
described in section 203(b)(5)(A)(i)(I), and 
sustained such actions throughout the pe-
riod of the alien’s residence in the United 
States; or 
‘‘(II) completed an investment agree-
ment described in subclause (II) or (III) of 
section 203(b)(5)(A)(i), and such agree-
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599 
ment was carried out or was actively in the 
process of being carried out; and 
‘‘(ii) the commercial enterprise— 
‘‘(I) created the minimum number of 
jobs required to be created under section 
203(b)(5)(A)(ii); or 
‘‘(II) generated a profit and at least 
$1,000,000 in revenue; and’’; and 
(C) in subparagraph (B), by inserting ‘‘the 
alien’’ before ‘‘is otherwise’’. 
CHAPTER 5—EFFECTIVE DATE 
SEC. 599B. APPLICATION. 
Except as specifically otherwise provided, the amend-
ments made by this title shall apply to applications filed 
on or after the date of the enactment of this Act. 
TITLE VI—INTEGRATION OF 
NEW AMERICANS 
Subtitle A—Citizenship Promotion 
SEC. 601. 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 para-
graph (2) and notwithstanding any other provision 
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600 
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 ac-
count entitled ‘Immigration Examinations Fee Ac-
count’ 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 re-
ceived 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 Is-
lands or to the treasury of Guam, respectively. 
‘‘(3) FEES FOR IMMIGRATION SERVICES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 serv-
ices provided without charge to asylum ap-
plicants or other immigrants; and 
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601 
‘‘(ii) recover the full cost of admin-
istering the collection of fees under this 
paragraph, or a portion thereof. 
‘‘(B) REPORT
REQUIREMENT.—The Sec-
retary 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 intro-
duction of the Citizenship Promotion Act of 
2009, 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 
overhead costs associated with pro-
viding immigration services, and dis-
tinguishes such costs from immigra-
tion enforcement and national security 
costs; 
‘‘(II) identifies the costs allocable 
to providing the premium processing 
services to business customers pre-
scribed by section 286(u) of this Act; 
describes the extent to which the fee 
prescribed in that section is set at a 
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602 
level that ensures recovery of those 
costs; and identifies the amount of 
funding that is being allocated for the 
infrastructure improvements in the 
adjudications 
and 
customer-service 
processes as prescribed by that sec-
tion; and 
‘‘(III) contains information re-
garding the amount the fee will be in-
creased; and 
‘‘(ii) a period of 45 days has expired 
beginning on the date that the report in 
clause (i) is received by the committees de-
scribed in such clause. 
‘‘(4) WAIVERS
OF
FEES
FOR
IMMIGRATION 
SERVICES.— 
‘‘(A) Except as otherwise provided in this 
paragraph, any of the fees for immigration 
services described in paragraph (3)(A) of this 
section may be waived by the Department of 
Homeland Security in any case under its juris-
diction in which the alien or other party af-
fected is able to substantiate that he or she is 
unable to pay the prescribed fee. The person 
seeking a fee waiver must file his or her affi-
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603 
davit, or unsworn declaration made pursuant to 
section 1746 of title 28, United States Code, 
asking for permission to prosecute without pay-
ment of fee of the application, petition, appeal, 
motion, or request, and stating his or her belief 
that he or she is entitled to or deserving of the 
benefit requested and the reasons for his or her 
inability to pay. The officer of the Department 
of Homeland Security having jurisdiction to 
render a decision on the application, petition, 
appeal, motion, or request may, in his or her 
discretion, grant the waiver of fee. The payment 
of the additional sum prescribed by section 
245(i) of the Act when applying for adjustment 
of status under section 245 of the Act may not 
be waived. The fee for the employment-based 
petitions and applications prescribed by section 
286(u) of the Act may not be waived. 
‘‘(B) The Secretary of Homeland Security 
shall prescribe by regulations the criteria that 
applicants must meet for the approval of the 
waivers of fees in subparagraph (A), and the 
documentation that applicants must submit to 
substantiate that they meet such criteria. The 
regulations shall include a form for the affidavit 
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604 
or declaration described in subparagraph (A) 
that must be completed by applicants for the 
waivers of fees. An applicant shall be deemed to 
have substantiated that he or she is unable to 
pay the prescribed fee if— 
‘‘(i) the individual has demonstrated 
that within 180 days of the receipt of the 
application, he or she qualified for or re-
ceived any public benefit funded in whole 
or in part by funds provided by the Fed-
eral Government that the Federal agency 
administering the Federal funds has deter-
mined to be a Federal ‘means-tested public 
benefit’ under the Personal Responsibility 
and Work Opportunity Reconciliation Act 
of 1996, Public Law 104–193; or 
‘‘(ii) the individual has demonstrated 
that his or her annual household income is 
at or below 125 percent of the poverty 
level, as indicated in the most recent Fed-
eral poverty guidelines set by the Secretary 
of Health and Human Services.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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605 
(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 associ-
ated with the services described in such section 
286(m)(3); and 
(2) Congress should appropriate to the Sec-
retary 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 ‘‘Sec-
retary 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 ‘‘Depart-
ment of Justice’’ and inserting ‘‘Department of 
Homeland Security’’; and 
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606 
(B) in paragraphs (3) and (4), by striking 
‘‘Attorney General’’ each place it appears and 
inserting ‘‘Secretary of Homeland Security’’. 
(d) FUNDING.—Fees and fines deposited in the Secu-
rity and Prosperity Account under section 286(w)(3)(B) 
of the Immigration and Nationality Act may be used to 
carry out this section. 
SEC. 602. ADMINISTRATION OF TESTS FOR NATURALIZA-
TION; FULFILLMENT BY ELDERLY PERSONS 
OF REQUIREMENT FOR NATURALIZATION RE-
LATING TO KNOWLEDGE OF ENGLISH LAN-
GUAGE. 
(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 natural-
ized as a citizen of the United States upon the appli-
cation of such person if such person cannot dem-
onstrate the following: 
‘‘(A) An understanding of the English lan-
guage, including an ability to read, write, and 
speak words in the ordinary usage in the 
English language. 
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607 
‘‘(B) A knowledge and understanding of— 
‘‘(i) the fundamentals of the history of 
the United States; and 
‘‘(ii) the principles and form of gov-
ernment of the United States. 
‘‘(2) TESTING.— 
‘‘(A) UNIFORMITY OF TEST ADMINISTRA-
TION.—The Secretary of Homeland Security, in 
administering any test that the Secretary uses 
to determine whether an applicant for natu-
ralization as a citizen of the United States has 
the proficiency and knowledge sufficient to meet 
the requirements of paragraph (1), shall admin-
ister such test uniformly throughout the United 
States, including the application of the criteria 
set forth in subparagraph (B). 
‘‘(B) CONSIDERATION.—In selecting and 
phrasing items in the administration of a test 
described in subparagraph (A) and in evalu-
ating 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 appli-
cant. 
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608 
‘‘(iii) The amount of time the appli-
cant has resided in the United States. 
‘‘(iv) The efforts made by the appli-
cant, and the opportunities available to the 
applicant, to acquire the knowledge and 
proficiencies required by paragraph (1). 
‘‘(v) Such other factors as the Sec-
retary considers appropriate. 
‘‘(C) ENGLISH LANGUAGE TESTING.—The 
requirement in paragraph (1)(A) shall be satis-
factorily 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 Sec-
retary may not impose any extraordinary or un-
reasonable condition on any applicant seeking 
to meet the requirements of paragraph (1).’’. 
(b) PROMOTING CITIZENSHIP AMONG THE ELDER-
LY.—Subsection (b) of such section is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a)(1)’’; 
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609 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) The requirement of subsection (a)(1)(A) 
shall not apply to any person who, on the date of the 
filing of the person’s application for naturalization 
as provided in section 334— 
‘‘(A) is over 50 years of age and has been 
living in the United States for periods totaling 
at least twenty years subsequent to a lawful ad-
mission for permanent residence, 
‘‘(B) is over 55 years of age and has been 
living in the United States for periods totaling 
at least 15 years subsequent to a lawful admis-
sion for permanent residence; or 
‘‘(C) is over 60 years of age and has been 
living in the United States for periods totaling 
at least 5 years subsequent to a lawful admis-
sion for permanent residence.’’. 
SEC. 603. VOLUNTARY ELECTRONIC FILING OF APPLICA-
TIONS. 
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. 
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610 
SEC. 604. TIMELY BACKGROUND CHECKS. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on the proc-
ess used by the Department of Justice or the De-
partment of Homeland Security 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 re-
quired by paragraph (2) shall include the following 
information with respect to the calendar year pre-
ceding the date on which the report is filed: 
(A) The number of background checks con-
ducted by the Department of Justice or the De-
partment of Homeland Security 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. 
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(D) A description of the obstacles that im-
pede the timely completion of such background 
checks. 
(4) EXAMINATION
OF
NAME
CHECK
CON-
DUCTED BY THE DEPARTMENT OF JUSTICE.—The 
first report required by paragraph (2) shall also in-
clude an examination of the name check conducted 
by the Department of Justice to assess the extent to 
which the name check provides information relating 
to the eligibility of applicants for citizenship of the 
United States that is not otherwise provided by 
other background checks conducted by the Depart-
ment of Justice or the Department of Homeland Se-
curity. 
(b) 
TIMELY
COMPLETION
OF
BACKGROUND 
CHECKS.— 
(1) 
ATTORNEY
GENERAL
BACKGROUND 
CHECKS.—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 
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Attorney General receives such request from the 
Secretary of Homeland Security. 
(2) DEPARTMENT
OF
HOMELAND
SECURITY 
BACKGROUND CHECKS.—With respect to background 
checks on an applicant for temporary or permanent 
residence or citizenship of the United States, the 
Secretary of Homeland Security shall make a rea-
sonable effort to complete the background check on 
such applicant not later than 90 days after the date 
the application is received by the Department of 
Homeland Security. 
(3) DELAYS
ON
ATTORNEY
GENERAL
BACK-
GROUND 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 de-
scribed 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 com-
pleted 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 congres-
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sional committees and the Secretary of Home-
land 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 At-
torney General is certain the background 
check will be completed. 
(4) DELAYS ON DEPARTMENT OF HOMELAND 
SECURITY BACKGROUND CHECKS.—If a background 
check described in paragraph (2) is not completed by 
the Secretary of Homeland Security before the date 
that is 91 days after the date that the Department 
of Homeland Security receives the application de-
scribed in paragraph (2)— 
(A) the Secretary of Homeland Security 
shall document the reason why such back-
ground check was not completed before such 
date; and 
(B) if such background check is not com-
pleted before the date that is 181 days after the 
date of such receipt, then the Secretary of 
Homeland Security shall, not later than 210 
days after the date of such receipt, submit to 
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the appropriate congressional committees a re-
port that describes— 
(i) the reason that such background 
check was not completed within 180 days; 
and 
(ii) the earliest date on which the Sec-
retary of Homeland Security is certain the 
background check will be completed. 
(5) ANNUAL REPORT ON DELAYED ATTORNEY 
GENERAL
BACKGROUND
CHECKS.—Not later than 
the end of each fiscal year, the Attorney General 
shall submit to the appropriate congressional com-
mittees a report containing, with respect to that fis-
cal year— 
(A) the number of background checks de-
scribed in subparagraph (B) of paragraph (3); 
(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. 
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(6) NOTIFICATION TO APPLICANT.—If, with re-
spect to a background check on an applicant de-
scribed in paragraph (2), the Secretary of Homeland 
Security is required to furnish a report under para-
graph (3)(B), then the Secretary shall provide to 
such applicant a copy of such report, redacted to re-
move any classified information contained therein. 
(7) ANNUAL REPORT ON DELAYED HOMELAND 
SECURITY
BACKGROUND
CHECKS.—Not later than 
the end of each fiscal year, the Secretary of Home-
land Security shall submit to the appropriate con-
gressional committees a report containing, with re-
spect to that fiscal year— 
(A) the number of background checks de-
scribed in subparagraph (B) of paragraph (4); 
(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 Secretary of Homeland Security to ad-
dress each such cause. 
(8) NOTIFICATION TO APPLICANT.—If, with re-
spect to a background check on an applicant de-
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scribed in paragraph (2), the Secretary of Homeland 
Security is required to furnish a report to the appro-
priate congressional committees under subsection 
(b)(4)(B), then the Secretary shall provide to such 
applicant a copy of such report, redacted to remove 
any classified information contained therein. 
(9) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—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. 
(10) FUNDING.—Fees and fines deposited in 
the Security and Prosperity Account under section 
286(w)(3)(B) of the Immigration and Nationality 
Act may be used to carry out this section. 
SEC. 605. NATIONAL CITIZENSHIP PROMOTION PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 6 months fol-
lowing the date of enactment of this Act, the Sec-
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retary of Homeland Security shall establish a pro-
gram to assist aliens who have been lawfully admit-
ted for permanent residence in becoming citizens of 
the United States. 
(2) DESIGNATION.—The program required by 
paragraph (1) shall be known as the ‘‘New Ameri-
cans 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 Se-
curity shall— 
(1) award grants in accordance with subsection 
(c); and 
(2) carry out outreach activities in accordance 
with subsection (d). 
(c) GRANTS TO SUPPORT NATURALIZATION EF-
FORTS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall award grants to eligible entities to as-
sist aliens who have been lawfully admitted for per-
manent residence in becoming citizens of the United 
States. 
(2) ELIGIBLE ENTITY DEFINED.—In this sub-
section, the term ‘‘eligible entity’’ means a not-for- 
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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 perma-
nent residence in becoming citizens of the United 
States, including— 
(A) conducting English language and citi-
zenship classes for such aliens; 
(B) providing legal assistance, by attorneys 
or entities recognized by the Board of Immigra-
tion 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 al-
lowed by Federal and State law. 
(4) APPLICATION FOR GRANT.— 
(A) IN
GENERAL.—Each eligible entity 
seeking a grant under this subsection shall sub-
mit an application to the Secretary of Home-
land Security at such time, in such manner, 
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and accompanied by such information as the 
Secretary shall require. 
(B) CONTENTS.—Each application sub-
mitted pursuant to subparagraph (A) shall in-
clude 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 admit-
ted 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, includ-
ing 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 govern-
ments, and community organizations— 
(I) to promote citizenship and 
civic participation by such aliens; and 
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(II) to provide assistance to such 
aliens with the process of becoming 
citizens of the United States. 
(d) OUTREACH.—The Secretary of Homeland Secu-
rity shall— 
(1) develop outreach materials targeted to 
aliens who have been lawfully admitted for perma-
nent 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 de-
termines is appropriate. 
(e) FUNDING.—Fees and fines deposited in the Secu-
rity and Prosperity Account under section 286(w)(3)(B) 
of the Immigration and Nationality Act may be used to 
carry out this section. 
SEC. 606. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date of the enactment of this Act and shall apply 
to applications for naturalization pending on or after such 
date. 
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Subtitle B—Miscellaneous 
SEC. 611. GRANTS TO SUPPORT PUBLIC EDUCATION AND 
COMMUNITY TRAINING. 
(a) GRANTS AUTHORIZED.—The Assistant Attorney 
General, Office of Justice Programs, may award grants 
to qualified nonprofit community organizations to educate, 
train, and support non-profit agencies, immigrant commu-
nities, and other interested entities regarding the provi-
sions of this Act and the amendments made by this Act. 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Grants awarded under this 
section shall be used— 
(A) for public education, training, technical 
assistance, government liaison, and all related 
costs (including personnel and equipment) in-
curred by the grantee in providing services re-
lated to this Act; and 
(B) to educate, train, and support non-
profit organizations, immigrant communities, 
and other interested parties regarding this Act 
and the amendments made by this Act and on 
matters related to its implementation. 
(2) EDUCATION.—In addition to the purposes 
described in paragraph (1), grants awarded under 
this section shall be used to— 
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(ii) the availability of authorized legal 
representation for low-income persons who 
may qualify for benefits under this Act or 
under an amendment made by this Act. 
(c) DIVERSITY.—The Assistant Attorney General 
shall ensure, to the extent possible, that the nonprofit 
community organizations receiving grants under this sec-
tion serve geographically diverse locations and ethnically 
diverse populations who may qualify for benefits under the 
Act. 
(d) FUNDING.—Fees and fines deposited in the Secu-
rity and Prosperity Account under section 286(w)(3)(B) 
of the Immigration and Nationality Act may be used to 
carry out this section. 
SEC. 612. GRANT PROGRAM TO ASSIST APPLICANTS FOR 
NATURALIZATION. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a grant program within United States Citizenship 
and Immigration Services that provides funding to com-
munity-based organizations, including community-based 
legal service organizations, as appropriate, to develop and 
implement programs to assist eligible applicants for natu-
ralization. 
(b) DEFINITIONS.—In this section: 
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(1) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ means a non-
profit, tax-exempt organization, including a faith- 
based organization, whose staff has experience and 
expertise in meeting the legal, social, educational, 
cultural educational, or cultural needs of immi-
grants, refugees, persons granted asylum, or persons 
applying for such statuses. 
(2) IEACA GRANT.—The term ‘‘IEACA grant’’ 
means an Initial Entry, Adjustment, and Citizenship 
Assistance Grant authorized under subsection (c). 
(c) ESTABLISHMENT OF INITIAL ENTRY, ADJUST-
MENT, AND
CITIZENSHIP
ASSISTANCE
GRANT
PRO-
GRAM.— 
(1) GRANTS
AUTHORIZED.—The Secretary, 
working through the Director of United States Citi-
zenship and Immigration Services, may award 
IEACA grants to community-based organizations. 
(2) USE
OF
FUNDS.—Grants awarded under 
this section may be used for the design and imple-
mentation of programs to provide the following serv-
ices: 
(A) 
INITIAL
APPLICATION.—Assistance 
and instruction, including legal assistance, to 
aliens making initial application for conditional 
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nonimmigrant or conditional nonimmigrant de-
pendent classification under section 401. Such 
assistance may include assisting applicants in— 
(i) screening to assess prospective ap-
plicants’ potential eligibility for partici-
pating in such program; 
(ii) filling out applications for such 
program; 
(iii) gathering proof of identification, 
employment, residence, and tax payment; 
(iv) gathering proof of relationships of 
eligible family members; 
(v) applying for any waivers for which 
applicants and qualifying family members 
may be eligible; and 
(vi) any other assistance that the Sec-
retary or grantee considers useful to aliens 
who are interested in filing applications for 
treatment under section 401. 
(B) ADJUSTMENT OF STATUS.—Assistance 
and instruction, including legal assistance, to 
aliens seeking to adjust their status in accord-
ance with section 402 of this Act or section 245 
of the Immigration and Nationality Act (8 
U.S.C. 1255). 
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(C) CITIZENSHIP.—Assistance and instruc-
tion to applicants on— 
(i) the rights and responsibilities of 
United States citizenship; 
(ii) English as a second language; 
(iii) civics; or 
(iv) applying for United States citi-
zenship. 
(3) DURATION AND RENEWAL.— 
(A) DURATION.—Subject to subparagraph 
(B), each grant awarded under this section 
shall be awarded for a period of not more than 
3 years. 
(B) RENEWAL.—The Secretary may renew 
any grant awarded under this section in 1-year 
increments. 
(4) APPLICATION
FOR
GRANTS.—Each entity 
desiring an IEACA grant under this section shall 
submit an application to the Secretary at such time, 
in such manner, and accompanied by such informa-
tion as the Secretary may require. 
(5) ELIGIBLE ORGANIZATIONS.—A community- 
based organization applying for a grant under this 
section to provide services described in subparagraph 
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(A), (B), or (C)(iv) of paragraph (2) may not receive 
such a grant unless the organization is— 
(A) recognized by the Board of Immigra-
tion Appeals under section 292.2 of title 8, 
Code of Federal Regulations; or 
(B) otherwise directed by an attorney. 
(6) SELECTION OF GRANTEES.—Grants award-
ed under this section shall be awarded on a competi-
tive basis. 
(7) GEOGRAPHIC DISTRIBUTION OF GRANTS.— 
The Secretary shall approve applications under this 
section in a manner that ensures, to the greatest ex-
tent practicable, that— 
(A) not less than 50 percent of the funding 
for grants under this section are awarded to 
programs located in the 10 States with the 
highest percentage of residents who were born 
in foreign countries; and 
(B) not less than 20 percent of the funding 
for grants under this section are awarded to 
programs located in States that are not de-
scribed in subparagraph (A). 
(8) ETHNIC DIVERSITY.—The Secretary shall 
ensure that community-based organizations receiving 
grants under this section provide services to an eth-
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nically diverse population, to the greatest extent pos-
sible. 
(d) LIAISON BETWEEN USCIS AND GRANTEES.— 
The Secretary shall establish a liaison between United 
States Citizenship and Immigration Services and the com-
munity of providers of services under this section to assure 
quality control, efficiency, and greater client willingness 
to come forward. 
(e) REPORTS TO CONGRESS.—Not later than 180 
days after the date of enactment of this Act, and July 
1 of each subsequent year, the Secretary shall submit a 
report to Congress that includes information regarding— 
(1) the status of the implementation of this sec-
tion; 
(2) the grants issued pursuant to this section; 
and 
(3) the activities carried out with such grants. 
(f) SOURCE OF GRANT FUNDS.— 
(1) APPLICATION
FEES.—The Secretary may 
use funds made available under section 401(g)(2)(A) 
of this Act and section 218A(b)(3) of the Immigra-
tion and Nationality Act, as added by this Act, to 
carry out this section. 
(2) FUNDING.—Fees and fines deposited in the 
Security and Prosperity Account under section 
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286(w)(3)(B) of the Immigration and Nationality 
Act may be used to carry out this section. 
(g) DISTRIBUTION OF CONDITIONAL NONIMMIGRANT 
VISA
FEES
AND
FINES.—Notwithstanding 
section 
401(g)(2)(B), 2 percent of the fees and fines collected 
under section 401 shall be made available for grants under 
the Initial Entry, Adjustment, and Citizenship Assistance 
Grant Program established under this section. 
SEC. 613. NATURALIZATION FOR CERTAIN U.S. HIGH 
SCHOOL GRADUATES. 
(a) IN GENERAL.—Title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
inserting after section 320 the following: 
‘‘SEC. 321. CITIZENSHIP FOR CERTAIN U.S. HIGH SCHOOL 
GRADUATES. 
‘‘(a) REQUIREMENTS DEEMED SATISFIED.—In the 
case of an alien described in subsection (b), the alien shall 
be deemed to have satisfied the requirements of section 
312(a). 
‘‘(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien is under 25 years of age on 
the date on which the alien submits an application for nat-
uralization under section 334 that contains the following: 
‘‘(1) Transcripts from public or private schools 
in the United States that demonstrate the following: 
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‘‘(A) The alien completed grades 6 through 
12 in the United States and was graduated 
with a high school diploma. 
‘‘(B) The alien completed a curriculum 
that reflects knowledge of United States his-
tory, Government, and civics. 
‘‘(2) A copy of the alien’s high school diploma. 
‘‘(c) REDUCED FEE.—The Secretary of Homeland 
Security shall reduce the naturalization application fee for 
an alien described in subsection (b) by 50 percent.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 320 the fol-
lowing: 
‘‘Sec. 321. Citizenship for certain U.S. high school graduates.’’. 
(c) APPLICABILITY.—The amendments made by this 
Section shall take effect on the date of the enactment of 
this Act and shall apply to applicants for naturalization 
who apply for naturalization on or after such date. 
(d) REGULATIONS.—The Secretary of Homeland Se-
curity shall promulgate regulations to carry out this Sec-
tion and the amendments made by this Section not later 
than 180 days after the date of the enactment of this Act. 
SEC. 614. FAMILY INTEGRATION. 
Section 201 of the Immigration and Nationality Act 
(8 U.S.C. 1151) is amended by striking in subsection 
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(b)(2)(A)(i) the number ‘‘21’’ and inserting the number 
‘‘18’’. 
SEC. 615. CONSIDERATION FOR DOMESTIC RESETTLEMENT 
OF REFUGEES. 
Section 412 is amended as follows: 
(1) In subsection (a)(2)(C)(i) strike ‘‘insure’’ 
and insert ‘‘ensure’’. 
(2) At the end, add the following: 
‘‘(V) the geography, climate and 
environmental composition of the pro-
posed resettlement area compared 
with that of the geography, climate 
and environmental composition of 
their country of origin.’’. 
SEC. 616. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE 
LEARNERS. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to nonrefundable personal credits) is 
amended by inserting after section 25D the following new 
section: 
‘‘SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS. 
‘‘(a) IN GENERAL.—In the case of an eligible teacher, 
there shall be allowed a credit against the tax imposed 
by this chapter for the taxable year an amount equal to— 
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‘‘(1) $1,500, for each of the first 5 taxable 
years for which the taxpayer is allowed a credit 
under this section; and 
‘‘(2) $1,000, for any other taxable year. 
‘‘(b) CREDIT ALLOWED ONLY
FOR 10 TAXABLE 
YEARS.—No credit shall be allowed under this section 
with respect to a taxpayer for any taxable year after the 
10th taxable year for which such taxpayer is allowed a 
credit under this section. 
‘‘(c) ELIGIBLE TEACHER.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the term ‘eligible teacher’ means, with re-
spect to a taxable year, any individual who is— 
‘‘(A) a full-time teacher of English as a 
second language or bilingual instruction for the 
academic year ending in such taxable year, or 
‘‘(B) an eligible part-time teacher of 
English as a second language or bilingual in-
struction for the academic year ending in such 
taxable year. 
‘‘(2) ELIGIBLE
PART-TIME
TEACHER.—The 
term ‘eligible part-time teacher’ means, with respect 
to a taxable year, an individual who teaches at least 
20 hours per week during the academic year ending 
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in such taxable year. Such term does not include any 
individual who is a full-time teacher of English as a 
second language during such academic year. 
‘‘(3) SPECIAL RULE.—In the case of an eligible 
part-time teacher, subsection (a) shall be applied by 
substituting ‘$375’ for ‘$750’ and by substituting 
‘$250’ for ‘$500’.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such subpart is amended by inserting after the item 
relating to section 25D the following new item: 
‘‘Sec. 25E. Teachers of English language learners.’’. 
(c) TEACHER CERTIFICATION EXPENSES.—Part VII 
of subchapter B of chapter 1 of the Internal Revenue Code 
of 1986 (relating to additional itemized deductions for in-
dividuals) is amended by redesignating section 224 as sec-
tion 225 and by inserting after section 223 the following 
new section: 
‘‘SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF 
ENGLISH LANGUAGE LEARNERS. 
‘‘(a) IN GENERAL.—In the case of an individual, 
there shall be allowed a deduction for eligible teacher cer-
tification expenses paid or incurred by the taxpayer for 
the taxable year. 
‘‘(b) ELIGIBLE
TEACHER
CERTIFICATION
EX-
PENSES.—The term ‘eligible teacher certification ex-
penses’— 
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‘‘(1) means the tuition and fees required for the 
enrollment or attendance of the taxpayer at an eligi-
ble educational institution (as defined in section 
25A) for a course which is required for certification 
or licensure of such individual as qualified to provide 
English as a second language or bilingual instruction 
to elementary or secondary school students who are 
limited English proficient (as defined in section 
9901 of the Elementary and Secondary Education 
Act of 1965); and 
‘‘(2) shall not include any amounts that are— 
‘‘(A) used for a course that is part of the 
individual’s degree program; or 
‘‘(B) funded by another person or any gov-
ernmental entity. 
‘‘(c) DENIAL OF DOUBLE BENEFIT.—No deduction 
shall be allowed under this section for any expense for 
which a deduction or credit is allowed under any other 
provision of this chapter. 
‘‘(d) TERMINATION.—This section shall not apply to 
expenses paid or incurred after December 31, 2014.’’. 
(d) CERTIFICATION DEDUCTION ALLOWED WHETH-
ER OR NOT TAXPAYER ITEMIZES OTHER DEDUCTIONS.— 
Subsection (a) of section 62 of such Code is amended by 
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635 
inserting after paragraph (21) the following new para-
graph: 
‘‘(22) TEACHER CERTIFICATION EXPENSES.— 
The deduction allowed by section 224.’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
for part VII of subchapter B of chapter 1 of such Code 
is amended by striking the last item and inserting the fol-
lowing new item: 
‘‘Sec. 224. Certification expenses for teachers of English language learners.’’. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Treasury shall promulgate regulations implementing 
the provisions of this section. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2009. 
SEC. 617. CREDITS FOR EMPLOYER-PROVIDED ADULT 
ENGLISH LITERACY AND BASIC EDUCATION 
PROGRAMS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits) is amended by 
adding at the end the following: 
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636 
‘‘SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LIT-
ERACY AND BASIC EDUCATION PROGRAMS. 
‘‘(a) IN GENERAL.—For the purposes of section 38, 
the credit determined under this section with respect to 
any employer for the taxable year is an amount equal to 
20 percent of qualified education program expenses, but 
in no case shall the employer receive a credit in an amount 
of more than $1,000 per full-time employee participating 
in the qualified education program. 
‘‘(b) 
QUALIFIED
EDUCATION
PROGRAM
EX-
PENSES.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified edu-
cation program expenses’ means expenses paid or in-
curred by an employer to make available qualified 
education to employees of the employer, who— 
‘‘(A) are English language learners; and 
‘‘(B)(i) have not received a secondary 
school diploma, or its recognized equivalent; or 
‘‘(ii) lack sufficient mastery of basic edu-
cational skills, including financial literacy, to 
enable the individuals to function effectively in 
society. 
‘‘(2) QUALIFIED EDUCATION.—The term ‘quali-
fied education’ means adult education and literacy 
activities provided— 
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‘‘(A) by an eligible provider which for the 
fiscal year ending during the employer’s taxable 
year receives or is eligible to receive Federal 
funds under section 231 of the Adult Education 
and Family Literacy Act for adult education 
and literacy activities; or 
‘‘(B) in curriculum approved by the De-
partment of Education, the Employment and 
Training Administration of the Department of 
Labor, or in current use by a Federal agency. 
‘‘(3) ELIGIBLE PROVIDER; ADULT EDUCATION 
AND LITERACY ACTIVITIES.—The terms ‘eligible pro-
vider’ and ‘adult education and literacy activities’ 
shall have the respective meanings given to such 
terms in section 203 of the Adult Education and 
Family Literacy Act. 
‘‘(4) ENGLISH LANGUAGE LEARNER.—The term 
‘English language learner’ shall have the same 
meaning given to such term in section 9101(25) of 
the Elementary and Secondary Education Act of 
1965. 
‘‘(c) SPECIAL RULES.—For purposes of this sec-
tion— 
‘‘(1) FULL-TIME EMPLOYMENT.—An employee 
shall be considered full-time if such employee is em-
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638 
ployed at least 30 hours per week for 25 or more 
calendar weeks in the taxable year. 
‘‘(2) AGGREGATION RULE.—All persons treated 
as a single employer under subsection (a) or (b) or 
section 52, or subsection (m) or (o) of section 414, 
shall be treated as 1 person. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—No deduction 
or credit shall be allowed under any other provision of this 
chapter for any amount taken into account in determining 
the credit under this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
expenses paid or incurred after December 31, 2014.’’. 
(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code (re-
lating to the current year business credit) is amended— 
(1) by striking ‘‘plus’’ at the end of paragraph 
(34); 
(2) by striking the period at the end of para-
graph (35) and inserting ‘‘, plus’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(36) the adult English literacy and basic edu-
cation programs credit determined under section 
45R.’’. 
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644 
(2) shall include appropriate outreach, ceremo-
nial, and celebratory activities. 
(c) SELECTION OF SITES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall select the site for each ceremony con-
ducted with funds under this section. 
(2) SELECTION PROCESS.—In selecting a site 
under paragraph (1), the Secretary of Homeland Se-
curity should consider— 
(A) the number of naturalization appli-
cants living in proximity to the site; and 
(B) the degree of participation in and sup-
port for the ceremony by the local community 
at the site. 
(d) AMOUNTS AVAILABLE; USE OF FUNDS.— 
(1) AMOUNTS
AVAILABLE.—Amounts made 
available under this section for each ceremony shall 
not exceed $5,000. 
(2) USE
OF
FUNDS.—Funds made available 
under this section may be used only for the fol-
lowing: 
(A) Costs of personnel of the Department 
of Homeland Security and the Federal judiciary 
(including travel and overtime expenses). 
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