[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Enrolled Bill (ENR)]

        S.2516

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
    To assist members of the Armed Forces in obtaining United States 
                  citizenship, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Kendell Frederick Citizenship 
Assistance Act''.
SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR MEMBERS OF THE 
UNITED STATES ARMED FORCES.
    (a) In General.--Notwithstanding any other provision of law, 
including section 552a of title 5, United States Code (commonly 
referred to as the ``Privacy Act of 1974''), the Secretary of Homeland 
Security shall use the fingerprints provided by an individual at the 
time the individual enlisted in the United States Armed Forces, or at 
the time the individual filed an application for adjustment of status, 
to satisfy any requirement for background and security checks in 
connection with an application for naturalization if--
        (1) the individual may be naturalized pursuant to section 328 
    or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 
    1440);
        (2) the individual was fingerprinted and provided other 
    biometric information in accordance with the requirements of the 
    Department of Defense at the time the individual enlisted in the 
    United States Armed Forces;
        (3) the individual--
            (A) submitted an application for naturalization not later 
        than 24 months after the date on which the individual enlisted 
        in the United States Armed Forces; or
            (B) provided the required biometric information to the 
        Department of Homeland Security through a United States 
        Citizenship and Immigration Services Application Support Center 
        at the time of the individual's application for adjustment of 
        status if filed not later than 24 months after the date on 
        which the individual enlisted in the United States Armed 
        Forces; and
        (4) the Secretary of Homeland Security determines that the 
    biometric information provided, including fingerprints, is 
    sufficient to conduct the required background and security checks 
    needed for the applicant's naturalization application.
    (b) More Timely and Effective Adjudication.--Nothing in this 
section precludes an individual described in subsection (a) from 
submitting a new set of biometric information, including fingerprints, 
to the Secretary of Homeland Security with an application for 
naturalization. If the Secretary determines that submitting a new set 
of biometric information, including fingerprints, would result in more 
timely and effective adjudication of the individual's naturalization 
application, the Secretary shall--
        (1) inform the individual of such determination; and
        (2) provide the individual with a description of how to submit 
    such biometric information, including fingerprints.
    (c) Cooperation.--The Secretary of Homeland Security, in 
consultation with the Secretary of Defense, shall determine the format 
of biometric information, including fingerprints, acceptable for usage 
under subsection (a). The Secretary of Defense, or any other official 
having custody of the biometric information, including fingerprints, 
referred to in subsection (a), shall--
        (1) make such prints available, without charge, to the 
    Secretary of Homeland Security for the purpose described in 
    subsection (a); and
        (2) otherwise cooperate with the Secretary of Homeland Security 
    to facilitate the processing of applications for naturalization 
    under subsection (a).
    (d) Electronic Transmission.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall, in coordination with the Secretary of Defense and the Director 
of the Federal Bureau of Investigation, implement procedures that will 
ensure the rapid electronic transmission of biometric information, 
including fingerprints, from existing repositories of such information 
needed for military personnel applying for naturalization as described 
in subsection (a) and that will safeguard privacy and civil liberties.
    (e) Centralization and Expedited Processing.--
        (1) Centralization.--The Secretary of Homeland Security shall 
    centralize the data processing of all applications for 
    naturalization filed by members of the United States Armed Forces 
    on active duty serving abroad.
        (2) Expedited processing.--The Secretary of Homeland Security, 
    the Director of the Federal Bureau of Investigation, and the 
    Director of National Intelligence shall take appropriate actions to 
    ensure that applications for naturalization by members of the 
    United States Armed Forces described in paragraph (1), and 
    associated background checks, receive expedited processing and are 
    adjudicated within 180 days of the receipt of responses to all 
    background checks.
SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.
    (a) In General.--Not later than 30 days after the effective date of 
any modification to a regulation related to naturalization under 
section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 
1439, 1440), the Secretary of Homeland Security shall make appropriate 
updates to the Internet sites maintained by the Secretary to reflect 
such modification.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security, not later than 180 days after each 
effective date described in subsection (a), should make necessary 
updates to the appropriate application forms of the Department of 
Homeland Security.
SEC. 4. REPORTS.
    (a) Adjudication Process.--
        (1) In general.--Not later than 120 days after the date of the 
    enactment of this Act, the Secretary of Homeland Security shall 
    submit a report to the appropriate congressional committees on the 
    entire process for the adjudication of an application for 
    naturalization filed pursuant to section 328 or 329 of the 
    Immigration and Nationality Act (8 U.S.C. 1439, 1440), including 
    the process that--
            (A) begins at the time the application is mailed to, or 
        received by, the Secretary, regardless of whether the Secretary 
        determines that such application is complete; and
            (B) ends on the date of the final disposition of such 
        application.
        (2) Contents.--The report submitted under paragraph (1) shall 
    include a description of--
            (A) the methods used by the Secretary of Homeland Security 
        and the Secretary of Defense to prepare, handle, and adjudicate 
        such applications;
            (B) the effectiveness of the chain of authority, 
        supervision, and training of employees of the Federal 
        Government or of other entities, including contract employees, 
        who have any role in such process or adjudication; and
            (C) the ability of the Secretary of Homeland Security and 
        the Secretary of Defense to use technology to facilitate or 
        accomplish any aspect of such process or adjudication and to 
        safeguard privacy and civil liberties.
    (b) Implementation.--
        (1) Study.--The Comptroller General of the United States and 
    the Inspector General of the Department of Homeland Security shall 
    conduct a study on the implementation of this Act by the Secretary 
    of Homeland Security and the Secretary of Defense, including an 
    assessment of any technology that may be used to improve the 
    efficiency of the naturalization process for members of the United 
    States Armed Forces and an assessment of the impact of this Act on 
    privacy and civil liberties.
        (2) Report.--Not later than 180 days after the date on which 
    the Secretary of Homeland Security submits the report required 
    under subsection (a), the Comptroller General and the Inspector 
    General shall submit a report to the appropriate congressional 
    committees on the study required by paragraph (1) that includes 
    recommendations for improving the implementation of this Act.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Armed Services of the Senate;
        (2) the Committee on Homeland Security and Governmental Affairs 
    of the Senate;
        (3) the Committee on the Judiciary of the Senate;
        (4) the Committee on Armed Services of the House of 
    Representatives;
        (5) the Committee on Homeland Security of the House of 
    Representatives; and
        (6) the Committee on the Judiciary of the House of 
    Representatives.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.