Sec. 604. Timely background checks
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/bill/113/hr/3163/ih/section-604·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Comptroller General of the United States shall conduct a study on the process used by the Department of Justice or the Department 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. 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). The report required by paragraph
(2)shall include the following information with respect to the calendar year preceding the date on which the report is filed: The number of background checks conducted by the Department of Justice or the Department of Homeland Security on applicants for citizenship of the United States. The types of such background checks conducted. The average time spent on each such type of background check. A description of the obstacles that impede the timely completion of such background checks. The first report required by paragraph
(2)shall also include 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 Department of Justice or the Department of Homeland Security. 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 Attorney General receives such request from the Secretary of Homeland Security. 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 reasonable 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. 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 described in paragraph (1)— the Attorney General shall document the reason why such background check was not completed before such date; and if such background check is not completed 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 congressional committees and the Secretary of Homeland Security a report that describes— the reason that such background check was not completed within 180 days; and the earliest date on which the Attorney General is certain the background check will be completed. 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 described in paragraph (2)— the Secretary of Homeland Security shall document the reason why such background check was not completed before such date; and if such background check is not completed 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 the appropriate congressional committees a report that describes— the reason that such background check was not completed within 180 days; and the earliest date on which the Secretary of Homeland Security is certain the background check will be completed. Not later than the end of each fiscal year, the Attorney General shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year— the number of background checks described in subparagraph
(B)of paragraph (3); the time taken to complete each such background check; a statistical analysis of the causes of the delays in completing such background checks; and a description of the efforts being made by the Attorney General to address each such cause. If, with respect to a background check on an applicant described in paragraph (2), the Secretary of Homeland Security is required to furnish a report under paragraph (3)(B), then the Secretary shall provide to such applicant a copy of such report, redacted to remove any classified information contained therein. Not later than the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year— the number of background checks described in subparagraph
(B)of paragraph (4); the time taken to complete each such background check; a statistical analysis of the causes of the delays in completing such background checks; and a description of the efforts being made by the Secretary of Homeland Security to address each such cause. If, with respect to a background check on an applicant described in paragraph (2), the Secretary of Homeland Security is required to furnish a report to the appropriate 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. In this subsection, the term appropriate congressional committees means the following: The Committee on the Judiciary of the Senate. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the House of Representatives. The Committee on Homeland Security of the House of Representatives. 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.