I
105TH CONGRESS
1ST SESSION
H. R. 2837
To reform the naturalization process, to clarify the procedures for investigat-
ing the criminal background of individuals submitting applications in
connection with certain benefits under the Immigration and Nationality
Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
Mr. SMITH of Texas (for himself, Mr. GOODLATTE, Mr. BRYANT, Mr.
BILBRAY, and Mr. DEAL of Georgia) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To reform the naturalization process, to clarify the proce-
dures for investigating the criminal background of indi-
viduals submitting applications in connection with certain
benefits under the Immigration and Nationality Act, and
for other purposes.
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 ‘‘Naturalization Reform
Act of 1997’’.
SEC. 2. BAR TO NATURALIZATION FOR ALIENS DEPORT-
ABLE FOR CRIMES.
(a) IN GENERAL.—Section 316(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1427(a)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by striking ‘‘States.’’ and
inserting ‘‘States, and’’; and
(3) by adding at the end the following:
‘‘(4) on the date of the application, is not deportable
under paragraph (1) (other than subparagraph (A)), (2),
(3), or (6) of section 237(a), subparagraph (A), (B), or
(D) of paragraph (4) of such section, or paragraph (1)(A)
of such section (but only to the extent that such paragraph
relates to inadmissibility under paragraph (2), (6), (8), or
(9) of section 212(a), subparagraph (A), (B), or (E) of
section 212(a)(3), or subparagraph (A), (C), (D), or (E)
of section 212(a)(10)).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on October 1, 1998, and
shall apply to applications for naturalization submitted on
or after such date.
SEC. 3. EXTENSION TO 10 YEARS OF GOOD MORAL CHAR-
ACTER PERIOD FOR NATURALIZATION.
(a) IN GENERAL.—Section 316(a)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1427(a)(3)) is
amended by striking ‘‘during all the periods referred to
in this subsection’’ and inserting ‘‘during the ten years
immediately preceding the date of filing of the applica-
tion’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1998, and
shall apply to applications for naturalization submitted on
or after such date.
SEC. 4. INVESTIGATION OF CRIMINAL BACKGROUND OF
CERTAIN ALIENS AND PERSONS SPONSORING
ALIENS FOR ENTRY.
(a) IN GENERAL.—Title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by
adding at the end the following:
‘‘INVESTIGATION
OF
CRIMINAL
BACKGROUND
OF
AN
ALIEN APPLYING FOR CERTAIN BENEFITS AND CER-
TAIN
PETITIONERS
FOR
CLASSIFICATION
OF
AN
ALIEN
‘‘SEC. 106. (a) IN GENERAL.—With respect to a per-
son described in a subparagraph of subsection (c)(1) who
is petitioning, or applying to, the Attorney General to
grant the benefit or take the action described in such sub-
paragraph (and with respect to an individual described in
subparagraph (E) of such subsection whose residence is
the home of such a person), the Attorney General may
not grant the benefit or take the action, unless, during
the pendency of the person’s petition or application, the
following has been completed:
‘‘(1) An employee of the Service, or a Federal,
State, or local criminal law enforcement agency,
after verifying the person’s identity, has prepared a
complete and legible set of fingerprints of the per-
son.
‘‘(2) The Commissioner has requested the Di-
rector of the Federal Bureau of Investigation to con-
duct a criminal history background check on the
person for the appropriate purpose described in sub-
section (c)(2), and the Commissioner has submitted
the fingerprints to the Director, along with any sup-
plementary information required by the Director to
complete the check.
‘‘(3) The Director of the Federal Bureau of In-
vestigation, using the fingerprints and information
provided by the Commissioner, has conducted the
check, and has provided the Commissioner with a re-
sponse describing the person’s criminal history, as
reflected in records maintained by the Federal Bu-
reau of Investigation.
‘‘(4) The Commissioner has conducted an inves-
tigation of the person’s criminal history, including
all criminal offenses listed in the Director’s re-
sponse, all criminal offenses listed in informational
databases maintained by the Service, and all other
criminal offenses of which the Commissioner has
knowledge, for the appropriate purpose described in
subsection (c)(2).
‘‘(5) In a case where the investigation under
paragraph (4) of an applicant for naturalization re-
veals criminal history that bears upon the appli-
cant’s eligibility for naturalization, and the employee
designated under section 335 to conduct the exam-
ination under such section has determined that the
application should be granted, such determination
has been reviewed by at least one Service officer
whose duties include performing such reviews.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a),
when the Attorney General certifies to the Director of the
Federal Bureau of Investigation that a person described
in subsection (c)(1) is physically unable to provide legible
fingerprints—
‘‘(1) the requirement that the Commissioner
submit fingerprints to the Director shall not apply;
and
‘‘(2) the Director shall conduct a criminal his-
tory background check based on the person’s name
and any other method of positive identification other
than fingerprints used by the Federal Bureau of In-
vestigation for criminal history background checks.
‘‘(c) PERSONS SUBJECT TO, AND PURPOSES FOR,
BACKGROUND CHECKS.—
‘‘(1) PERSONS AND PETITIONS DESCRIBED.—
The persons (and applications and petitions) de-
scribed in this paragraph are as follows:
‘‘(A) An alien 14 through 79 years of age
applying for adjustment of status to that of an
alien lawfully admitted for permanent residence.
‘‘(B) An alien 14 through 75 years of age
applying for naturalization as a citizen of the
United States.
‘‘(C) An alien 14 years of age or older ap-
plying for asylum, or treatment as a spouse or
child accompanying an asylee.
‘‘(D) An alien 14 years of age or older ap-
plying for temporary protected status under
section 244.
‘‘(E) A person who has filed a petition to
accord a child defined in section 101(b)(1)(F)
classification as an immediate relative under
section 201(b)(2)(A)(i), and any additional indi-
vidual, over the age of 18, whose principal or
only residence is the home of such person.
‘‘(F) A person who has submitted a guar-
antee of legal custody and financial responsibil-
ity under paragraphs (2)(B) and (4) of section
204(f) in connection with a petition to accord
an alien, who is the subject of the guarantee,
classification under section 201(b), 203(a)(1),
or 203(a)(3).
‘‘(2) PURPOSES FOR CHECKS DESCRIBED.—
‘‘(A) ALIENS APPLYING FOR BENEFITS.—
With respect to the aliens, and the applications,
described in subparagraphs (A) through (D) of
paragraph (1), the requirements of subsection
(a) shall be applied (subject to subsection (b))
for the purpose of determining whether the
alien has a criminal history that bears upon the
alien’s eligibility for the benefit for which the
alien applied.
‘‘(B) ORPHAN
PETITIONS.—With respect
to a person described in paragraph (1)(E), the
requirements of subsection (a) shall be applied
(subject to subsection (b)) for the purpose of
determining whether the person has a criminal
history that bears upon whether proper care
will be furnished the child described in such
paragraph.
‘‘(C) AMERASIAN
PETITIONS.—With re-
spect to a person described in paragraph
(1)(F), the requirements of subsection (a) shall
be applied (subject to subsection (b)) for the
purpose of determining whether the person is of
good moral character.
‘‘(d) FEE.—The Attorney General may charge a per-
son described in subsection (c)(1) a fee to cover the actual
cost of the criminal background check process under this
section.
‘‘(e) CONSTRUCTION.—This section shall not be con-
strued to affect or impair the ability of the Attorney Gen-
eral to require a criminal history background check as a
condition for obtaining any benefit under this Act (includ-
ing a classification under section 204) that is not de-
scribed in subsection (c)(1).’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 105 the following:
‘‘Sec. 106.
Investigation of criminal background of an alien applying for cer-
tain benefits and certain petitioners for classification of an
alien.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1998, and shall
apply to applications for a benefit under the Immigration
and Nationality Act (including petitions to accord a classi-
fication under section 204 of such Act) submitted on or
after such date.
SEC. 5. INTERVIEW FOR ADJUSTMENT OF STATUS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 245A the follow-
ing:
‘‘INTERVIEW FOR ADJUSTMENT OF STATUS TO THAT OF
PERSON ADMITTED FOR PERMANENT RESIDENCE
‘‘SEC. 245B. Before the status of an alien may be
adjusted by the Attorney General to that of an alien law-
fully admitted for permanent residence, the alien shall ap-
pear before an employee of the Service, who shall conduct
a personal interview of the alien for the purpose of verify-
ing that the alien is eligible for such adjustment.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 245A the follow-
ing:
‘‘Sec. 245B.
Interview for adjustment of status to that of person admitted for
permanent residence.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1998, and shall
apply to applications for adjustment of status submitted
on or after such date.
SEC. 6. INTERVIEW FOR NATURALIZATION.
(a) IN GENERAL.—Section 332 of the Immigration
and Nationality Act (8 U.S.C. 1443) is amended by add-
ing at the end the following:
‘‘(i) The examination under subsection (a) shall in-
clude a personal interview of the applicant, conducted by
an employee of the Service who—
‘‘(1) shall require the applicant to demonstrate
the ability to speak and understand words in ordi-
nary usage in the English language, in accordance
with section 312(a)(1), unless the applicant is ex-
empt from the requirements of such section pursu-
ant to section 312(b);
‘‘(2) shall require the applicant to describe any
criminal law violations, other than minor traffic vio-
lations, for which the applicant has ever been ar-
rested, charged, convicted, fined, or imprisoned, or
which the applicant has committed but for which the
applicant has not been arrested, charged, convicted,
fined, or imprisoned; and
‘‘(3) shall verify each statement or representa-
tion made by the applicant in the written application
for naturalization, and in any documents submitted
in support of the application, and shall examine the
applicant to determine whether the applicant has
willfully made any false statements or misrepresen-
tations, or committed any fraud, for the purpose of
obtaining United States citizenship.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1998, and
shall apply to applications for naturalization submitted on
or after such date.
SEC. 7. CITIZENSHIP TESTING BY OUTSIDE TESTING ENTI-
TIES.
(a) IN GENERAL.—
(1) TESTING BY PERSONS OTHER THAN ATTOR-
NEY
GENERAL.—Section 312 of the Immigration
and Nationality Act (8 U.S.C. 1423) is amended by
adding at the end the following:
‘‘(c)(1) An applicant for naturalization may satisfy
the reading and writing requirements of subsection (a)(1),
and the knowledge and understanding requirements of
subsection (a)(2), by passing a test approved by the Attor-
ney General and administered by a person, other than the
Attorney General, who, not later than the date of the en-
actment of the Naturalization Reform Act of 1997, is au-
thorized by the Attorney General to administer such a
test.
‘‘(2) The Attorney General shall revoke the author-
ization granted to a person to administer tests referred
to in paragraph (1), unless—
‘‘(A) the person has not subcontracted, fran-
chised, or otherwise delegated the person’s testing
authority to any other person; and
‘‘(B) at any time after the person has been au-
thorized by the Attorney General to administer such
tests and has administered them for at least 6
months during the period beginning on the date of
the enactment of the Naturalization Reform Act of
1997, the person and the Attorney General are able
to demonstrate that—
‘‘(i) in not less than 5 of the 6 preceding
months, the Attorney General has conducted
unannounced inspections of at least 10 percent
of the testing sites operated by the person in
each such month;
‘‘(ii) during each such site inspection, the
Attorney General has checked the integrity and
security of the testing process and has memori-
alized the findings from the inspection in a
written report and, after the inspection, has
provided copies of the report to the person; and
‘‘(iii) after reviewing each such inspection
report, the Attorney General—
‘‘(I) has determined and certified that
the person continues to maintain the over-
all integrity and security of the person’s
testing program, and has remedied any se-
rious flaws discovered by the inspections;
and
‘‘(II) has provided a copy of the cer-
tification to the person.
‘‘(3) The Attorney General shall require an applicant
for naturalization who has passed a test administered
under this subsection to retake and repass such a test in
circumstances where the Attorney General has reasonable
grounds to believe that the administration of the test was
impaired by fraud, misrepresentation, or other misconduct
or negligence that jeopardizes the reliability of the test re-
sults.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on October 1,
1998, and shall apply to applications for naturaliza-
tion submitted on or after such date.
(b) STUDY ON INTEGRITY OF TESTING PROCESS.—
(1) REPORT.—Not later than the date that is
6 months after the date of the enactment of this
Act, the Comptroller General of the United States
shall prepare and transmit to the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate the report
described in paragraph (2).
(2) CONTENTS.—The report referred to in
paragraph (1) shall describe the results of a com-
prehensive study conducted by the Comptroller Gen-
eral of the United States to determine the extent to
which tests administered by persons other than the
Attorney General, by which an applicant for natu-
ralization may satisfy the reading and writing re-
quirements of subsection (a)(1), and the knowledge
and understanding requirements of subsection
(a)(2), of section 312 of the Immigration and Na-
tionality Act, are impaired by fraud, misrepresenta-
tion, or other misconduct or negligence that jeopard-
izes the reliability of the test results.
SEC. 8. REQUIREMENTS WITH RESPECT TO RESIDENT
ALIEN CARDS.
(a) CIVIL PENALTY FOR FAILURE TO REPORT LOSS,
THEFT, OR DESTRUCTION OF RESIDENT ALIEN CARD.—
(1) IN GENERAL.—The Immigration and Na-
tionality Act is amended by inserting after section
274D the following:
‘‘CIVIL PENALTY FOR FAILURE TO REPORT LOSS, THEFT,
OR DESTRUCTION OF RESIDENT ALIEN CARD
‘‘SEC. 274E. Any alien who has been issued by the
Attorney General an alien registration receipt card indi-
cating the alien’s status as an alien lawfully admitted for
permanent residence, and who fails to report to the Attor-
ney General the loss, theft, or destruction of the card by
the date that is 7 days after the date the alien discovers
such loss, theft, or destruction, shall pay a civil penalty
to the Commissioner of $50 per violation.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is
amended by inserting after the item relating to sec-
tion 274D the following new item:
‘‘Sec. 274E. Civil penalty for failure to report loss, theft, or destruction of resi-
dent alien card.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
1998, and shall apply to alien registration receipt
cards that are lost, stolen, or destroyed on or after
such date.
(b) SURRENDER OF RESIDENT ALIEN CARD UPON
NATURALIZATION.—
(1) IN GENERAL.—Section 338 of the Immigra-
tion and Nationality Act (8 U.S.C. 1449) is amend-
ed—
(A) by inserting ‘‘(a)’’ before ‘‘A person’’;
and
(B) by adding at the end the following: