I
105TH CONGRESS
2D SESSION
H. R. 3341
To amend the Immigration and Nationality Act to strengthen the
naturalization process.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1998
Mr. GEPHARDT introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to strengthen
the naturalization process.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘New American Citizen-
ship Act’’.
SEC. 2. DECLARATION AND PURPOSES.
(a) DECLARATIONS.—(1) Congress declares that it is
the historic policy of the United States to welcome as new
American citizens those legal immigrants who qualify for
naturalization and who are committed to American demo-
cratic principles, our form of Government, and the Con-
stitution of the United States.
(2) Congress reaffirms the existing statutory require-
ments for naturalization concerning good moral character,
lawful and continuous residence in the United States, and
an understanding of the English language and the history,
principles, and form of Government of the United States.
(b) PURPOSES.—The purposes of this Act are to en-
sure that—
(1) the naturalization process of the United
States properly welcomes those who are committed
to American citizenship to participate fully in Amer-
ican civic life;
(2) the act of naturalization is reserved for
those who meet the qualifications established by the
Constitution and the laws and policies of the United
States;
(3) individuals applying for naturalization are
provided a fair, efficient, and affordable process;
(4) the backlog of pending applications for nat-
uralization is reduced so that qualified applicants
may become new American citizens within six
months of applying for naturalization; and
(5) the Immigration and Naturalization Service
provides adequate assistance and information to in-
dividuals applying for naturalization.
SEC. 3. BACKLOG REDUCTION.
(a) IN
GENERAL.—The Attorney General shall
present to Congress not later than 3 months after the date
of enactment of this Act a detailed plan for substantially
reducing the backlog at each district and regional office
of the Immigration and Naturalization Service. The plan
shall include specific target dates for reducing or eliminat-
ing the backlog, and the percentage of reduction that will
be achieved by each target date.
(b) REPORT.—During each of the fiscal years 1998,
1999, 2000, and 2001, the Attorney General shall submit
a monthly report to the Committees on the Judiciary of
the Senate and the House of Representatives concerning
the progress that is being made in meeting the targets
to reduce the backlog of naturalization applications.
SEC. 4. EQUIPPING NEW AMERICANS FOR CITIZENSHIP.
(a) INTEGRITY OF TESTING PROCEDURES.—The At-
torney General shall ensure that procedures utilized by the
Immigration and Naturalization Service to carry out the
standardized naturalization examinations include the fol-
lowing:
(1) ADMINISTRATION OF EXAMINATIONS.—
(A) PROCTORING.—All standardized natu-
ralization examinations shall be proctored by an
entity certified by the Immigration and Natu-
ralization Service to perform such function. The
Immigration and Naturalization Service may
certify more than 1 entity to proctor naturaliza-
tion examinations.
(B) SPECIAL RULE FOR ‘‘FOR-PROFIT’’ EN-
TITIES.—A for-profit organization shall not be
allowed to administer or proctor the standard-
ized naturalization examination if such organi-
zation also provides citizenship courses.
(2) PILOT
PROGRAM.—During the 24-month
period beginning on the date of enactment of this
Act, the Attorney General, through a board or con-
tractor determined by the Attorney General to be
qualified to administer standardized examinations,
shall test the feasibility of administering naturaliza-
tion examinations to a representative sample of im-
migrants throughout the United States. The Attor-
ney General shall allow for special arrangements for
naturalization applicants who are homebound, in
nursing homes, need expedited handling of their ap-
plications, or have other extenuating circumstances
or incapacitations.
(A) REPORT.—Not later than 12 months
after the institution of the pilot program under
this subsection, the Attorney General shall sub-
mit a report to Congress regarding the future
feasibility of the program.
(B) REQUIREMENTS OF BOARD OR CON-
TRACTOR.—The board or contractor selected by
the Attorney General to develop and administer
a standardized test under the pilot program
shall—
(i) be qualified to administer stand-
ardized examinations and able to ensure
the integrity of the examination process
through the use of proctors or other appro-
priate means;
(ii) be able to offer the examination at
multiple test sites located within immi-
grant communities;
(iii) prepare multiple versions of the
naturalization examination to be used at
each examination site, and must revise the
examinations on at least a quarterly basis;
and
(iv) have the ability to offer the exam-
ination with enough frequency to meet the
needs of each community in which the ex-
amination is offered.
(C) APPEALS.—The Attorney General shall
provide an appeals process to permit immi-
grants who fail the standardized naturalization
examination under the pilot program to either
have the examination results reviewed by an
independent examiner or retake the examina-
tion at no cost.
(3) CONTENT
OF
TEST.—Any new or rede-
signed naturalization examination developed pursu-
ant to this Act shall not create barriers to citizen-
ship that did not exist under the examinations used
before the enactment of this Act.
(b) PROVISION OF NATURALIZATION MATERIALS.—
(1) MATERIALS FOR HOME-STUDY.—The Attor-
ney General through the Immigration and Natu-
ralization Service shall make sufficient material,
such as textbooks and sample questions, available at
no cost to naturalization applicants who choose to
study for the naturalization examination without the
assistance of a citizenship course.
(2) HANDBOOK.—Upon request, and at the
time of adjustment to or admission as a lawful per-
manent resident, the Attorney General shall provide
each such individual with a handbook describing—
(A) the process for obtaining citizenship
through naturalization, as well as information
on the requirements for naturalization, includ-
ing the good moral character and continuous
residency requirements;
(B) information on the civics and English
language portions of the naturalization exam-
ination; and
(C) the privileges and responsibilities of
citizenship, including the right to vote only
after taking the oath of allegiance.
(3) DISSEMINATION OF MATERIALS.—
(A) IN GENERAL.—The Attorney General
shall widely disseminate, at no cost, to public
schools and organizations that provide instruc-
tion on citizenship responsibilities and prepare
applicants for the naturalization examination
materials, such as textbooks, sample questions,
and other information regarding the content of
the naturalization examination that the Immi-
gration and Naturalization Service determines
relevant to assist such organizations in prepar-
ing applicants for the naturalization examina-
tion.
(B) DEVELOPMENT.—The materials de-
scribed in this subsection shall be developed in
consultation with adult educators and organiza-
tions that offer citizenship courses.
(c) EFFECTIVE DATE.—Except as provided in sub-
section (a)(2), this section shall take effect on the date
that is 6 months after the date of enactment of this Act.
SEC. 5. PLAN FOR ENSURING EFFICIENCY AND INTEGRITY
OF THE NATURALIZATION PROCESS.
(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Attorney General shall
develop a plan for ensuring the efficiency and integrity
of the naturalization process.
(b) OBJECTIVES.—The plan described in subsection
(a) shall have the following objectives:
(1) To substantially increase the efficiency of
the naturalization process, including the develop-
ment of—
(A) a system that requires the Immigra-
tion and Naturalization Service to complete the
entire naturalization process in 6 months or
less; and
(B) a contingency plan the Immigration
and Naturalization Service will use to accommo-
date sudden increases in applications, including
arrangements with Congress for the rapid re-
programming of funds and positions when nec-
essary.
(2) To increase the integrity and accuracy of
naturalization, by taking steps to ensure that—
(A) the fingerprint process for naturaliza-
tion applicants is as accurate and secure as
possible;
(B) there is clear recourse for applicants
with illegible or nonexistent fingerprints, includ-
ing communication in writing from the Immi-
gration and Naturalization Service indicating
the reasons for rejection of the fingerprints,
and instructions on what action, if any, the ap-
plicant must take;
(C) the integrity of the naturalization ex-
amination is maintained by ensuring that the
examination is applied consistently across the
United States, that it adequately tests knowl-
edge of English and civics, and that the exam-
ination is not subject to fraud; and
(D) Immigration and Naturalization Serv-
ice offices are provided with clear guidelines to
ensure consistency among offices of the Service
in conducting naturalization interviews, includ-
ing the institution of a standard checklist for
the relevant components of the applicant’s file,
a uniform worksheet for offices to use in deter-
mining eligibility, and a list of examples of the
offenses which disqualify applicants for natu-
ralization.
(3) To maintain proper oversight of the natu-
ralization process, including—
(A) development of national quality assur-
ance procedures to facilitate effective oversight
of fingerprint procedures, naturalization exam-
ination centers, and final Immigration and Nat-
uralization Service naturalization interviews;
(B) accountability of field personnel in-
volved in the naturalization process to Immigra-
tion and Naturalization Service headquarters;
(C) outreach by national and local Immi-
gration and Naturalization Service naturaliza-
tion offices to community groups and State and
local officials for the purpose of encouraging
qualified immigrants to seek United States citi-
zenship;
(D) ensuring that applicants are treated
fairly and hospitably, and that a priority is
given to customer service, including increased
customer service training for all naturalization
adjudication officers;
(E) providing naturalization applicants
with adequate information on the naturalization
process, procedure, and approximate timetable
for the entire naturalization process; and
(F) ensuring that Immigration and Natu-
ralization Service offices contain sufficient wait-
ing areas with notices of procedure and instruc-
tions in languages common to the community
served by the individual office.
(4) To ensure that the naturalization process
will be continually updated as new innovations
emerge, such as—
(A) improved data sharing and digital fin-
gerprint technologies; and
(B) establishment of a system for local Im-
migration and Naturalization Service offices to
share best practices regarding the naturaliza-
tion process, or ideas those offices have to im-
prove the process, and for incorporation of
these lessons into ongoing naturalization plan-
ning by the Immigration and Naturalization
Service.
(c) ACCESS FOR INDIVIDUALS WITH DISABILITIES.—
In redesigning the naturalization process, the Attorney
General shall provide written guidance to the Immigration
and Naturalization Service officers and to applicants so
that individuals with disabilities are afforded reasonable
accommodations throughout the naturalization process,
including, but not limited to, access to Immigration and
Naturalization Service facilities, testing sites, and to the
English language and civics portions of the naturalization
examination.
SEC. 6. DETERRING NATURALIZATION FRAUD.
The Attorney General shall ensure that the natu-
ralization fingerprint submission process deters natu-
ralization fraud and maintains the integrity of the pro-
gram by implementing the following requirements:
(1) Except in the case of law enforcement agen-
cies designated by the Immigration and Naturaliza-
tion Service to take fingerprints for naturalization
applicants, fingerprint cards shall be sent directly by
the Immigration and Naturalization Service, or its
designee, to the Federal Bureau of Investigation for
processing, rather than returning the fingerprint
card to the applicant for submission.
(2) Procuring the technology to institute elec-
tronic fingerprint checks at all Immigration and
Naturalization Service offices by the fiscal year
2000.
SEC. 7. ENSURING INELIGIBLE IMMIGRANTS ARE NOT NAT-
URALIZED.
(a) CRIMINAL HISTORY BACKGROUND CHECK.—The
Immigration and Naturalization Service shall ensure that
a criminal history background check with the Federal Bu-
reau of Investigation is completed for each naturalization
applicant prior to the naturalization interview, including
requirements that—
(1) all fingerprints shall be sent directly to the
Federal Bureau of Investigation as described in sec-
tion 6;
(2) prior to each naturalization interview, every
naturalization file shall contain documented evidence
that a criminal background check has been com-
pleted and the results of any background check that
indicates an applicant has a Federal Bureau of In-
vestigation record have been received;
(3) the Federal Bureau of Investigation shall
expeditiously conduct a criminal history background
check on each applicant for naturalization, and shall
provide a response describing the applicant’s crimi-
nal history as reflected in the Bureau’s records; and
(4) where the applicant cannot provide legible
fingerprints, the Federal Bureau of Investigation
shall conduct a criminal history background check
based on the person’s name and any other method
of positive identification used by the Federal Bureau
of Investigation for criminal history background
checks.
(b) NATURALIZATION INTERVIEWS.—All naturaliza-
tion applicants, at the time of a standardized naturaliza-
tion examination or interview by an adjudications officer,
shall be required to demonstrate basic ability to speak and
understand words in ordinary usage in the English lan-
guage, in accordance with section 312(a)(1) of the Immi-
gration and Nationality Act, unless the applicant is ex-
empt from the requirements of that section pursuant to
section 312(b) of such Act, and at the time of interview,
each adjudications officer shall—
(1) question each applicant about any arrest,
charge, conviction, or imprisonment which was re-
vealed as a result of the criminal history check;
(2) determine whether any crime which the ap-
plicant reveals he or she committed is one which
would disqualify the applicant from naturalization;
(3) verify that the applicant was asked all man-
datory questions during the naturalization interview;
(4) refer complex cases involving potentially dis-
qualifying crimes to a supervisory officer for review;
(5) ensure that applicants are informed that
they are not United States citizens until they take
the oath of allegiance; and
(6) provide each applicant with information on
the legal requirements which need to be fulfilled be-
fore such applicant can register to vote.
(c) OATH
OF ALLEGIANCE REQUIREMENTS.—The
Immigration and Naturalization Service shall ensure that
certificates of citizenship are not to be distributed to natu-
ralization applicants prior to taking the oath of allegiance.
SEC. 8. FUNDING AND FEES.
(a) AVAILABILITY OF FUNDS.—Of the funds appro-
priated to the Immigration and Naturalization Service for
each of fiscal years 1999, 2000, and 2001, $100,000,000
shall be made available for backlog reduction, and techno-
logical and infrastructure changes needed to ensure the
appropriate conduct of naturalization activities, including
the purchase of equipment for enhanced recordkeeping
and fingerprint checks, the development of testing centers,
the conduct of the pilot program described in section
4(a)(2), and other purposes.
(b) LIMITATION ON FEES.—
(1) IN GENERAL.—The naturalization applica-
tion fee charged by the Immigration and Naturaliza-
tion Service shall not exceed $150 per applicant
until the backlog of pending naturalization applica-
tions has been substantially reduced in each Immi-
gration and Naturalization Service district.
(2) BACKLOG; SUBSTANTIALLY REDUCED.—For
purposes of this section:
(A) 
BACKLOG.—The 
term 
‘‘backlog’’
means naturalization applications which have
been pending for longer than 6 months from
the time the application was submitted to the
Immigration and Naturalization Service.
(B) 
SUBSTANTIALLY
REDUCED.—The
backlog of pending naturalization applications
for a fiscal year shall be considered to be ‘‘sub-
stantially reduced’’ if the number of naturaliza-
tion applications in the backlog in each Immi-
gration and Naturalization Service district at
the end of the fiscal year is at least 30 percent
less than the number of applications in the
backlog in each district at the end of the pre-
vious fiscal year.
SEC. 9. DEFINITION.
In this Act, the term ‘‘Attorney General’’ means the
Attorney General, acting through the Commissioner of Im-
migration and Naturalization.
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