[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.