SEC. 9. REVOCATION OF NATURALIZATION.
(a) CLARIFICATION
OF
MATERIALITY
REQUIRE-
MENT.—Section 340(a) of the Immigration and National-
ity Act (8 U.S.C. 1451(a)) is amended—
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;
and
(2) by adding at the end the following:
‘‘(2) For purposes of this section, a fact with respect
to a naturalized person may not be considered immaterial
solely because the fact, had it been known to the Attorney
General before the person was naturalized, would not, by
itself, have required the Attorney General to deny the per-
son’s application for naturalization.’’.
(b) REBUTTABLE
PRESUMPTION
OF
WILLFUL-
NESS.—Section 340 of the Immigration and Nationality
Act (8 U.S.C. 1451) is amended—
(1) by redesignating subsections (d) through (h)
as subsections (e) though (i), respectively; and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) In any proceeding under this section in which
the United States proves that an order admitting a person
to citizenship was procured by the person’s concealment
or misrepresentation of a material fact, such proof shall
be considered prima facie evidence that the person acted
willfully with respect to the concealment or misrepresenta-
tion, and, in the absence of countervailing evidence, such
proof shall be sufficient to authorize the revocation and
setting aside of the order and the cancellation of the cer-
tificate of naturalization.’’.
(c) LIMITATION
ON
ADMINISTRATIVE
REVOCA-
TIONS.—Section 340 of the Immigration and Nationality
Act (8 U.S.C. 1451), as amended by subsection (b), is fur-
ther amended—
(1) in subsection (i), by striking ‘‘Nothing’’ and
inserting ‘‘Subject to subsection (j), nothing’’; and
(2) by inserting after subsection (i) the follow-
ing:
‘‘(j) The Attorney General shall commence any pro-
ceeding administratively to correct, reopen, alter, modify,
or vacate an order naturalizing a person not later than
5 years after the effective date of the order.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1998, and shall
apply to any order naturalizing a person with an effective
date that is on or after October 1, 1998.
SEC. 10. QUALITY ASSURANCE AND IMPROVED OVERSIGHT
FOR NATURALIZATION.
(a) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Attorney General
shall establish a process (including internal audit proce-
dures, other audit procedures, or both) to review the ongo-
ing compliance with all laws, policies, and procedures af-
fecting naturalization by each office of the Immigration
and Naturalization Service that has duties with respect
to naturalization.
(b) REPORTS.—Not later than 30 days after the ter-
mination of each of fiscal years 1998, 1999, 2000, and
2001, the Attorney General shall submit a report to the
Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives
concerning the compliance by the Commissioner of Immi-
gration and Naturalization and the Immigration and Nat-
uralization Service with all laws, policies, and procedures
affecting naturalization during such terminated fiscal
year.
(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act, and shall cease
to be effective upon the submission, under subsection (b),
of the report with respect to fiscal year 2001.
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