[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 2516
_______________________________________________________________________
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.
Passed the Senate March 11, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 2516
_______________________________________________________________________
AN ACT
To assist members of the Armed Forces in obtaining United States
citizenship, and for other purposes.