II 110th CONGRESS 1st Session S. 2516 IN THE SENATE OF THE UNITED STATES December 18, 2007 Ms. Mikulski (for herself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To assist members of the Armed Forces in obtaining United States citizenship, and for other purposes.

1.

Short title

This Act may be cited as the Kendell Frederick Citizenship Assistance Act.

2.

Fingerprints for members of 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 Armed Forces to satisfy any requirement for fingerprints 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 and 1440); (2)the individual was fingerprinted in accordance with the requirements of the Department of Defense at the time the individual enlisted in the Armed Forces; (3)the individual submits an application for naturalization not later than 24 months after the date on which the individual enlisted in the Armed Forces; and (4)the Secretary of Homeland Security determines that the fingerprints are sufficient to adjudicate 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 fingerprints to the Secretary of Homeland Security. If the Secretary of Homeland Security determines that submitting a new set of 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 fingerprints. (c)

Cooperation

The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of fingerprints acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the 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).

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 and 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.

4.

Reports

(a)

Adjudication process

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States 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 and 1440), including the process that— (A)begins at the time the application is mailed to, or received by, the Secretary of Homeland Security, 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. (b)

Implementation

(1)

Study

The Comptroller General of the United States shall conduct a study on the implementation of this Act by the Secretary of Homeland Security and the Secretary of Defense, including studying any technology that may be used to improve the efficiency of the naturalization process for members of the Armed Forces. (2)

Report

Not later than 180 days after the date on which the Comptroller General submits the report required under subsection (a), the Comptroller 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 the Judiciary of the Senate; (3)the Committee on Armed Services of the House of Representatives; and (4)the Committee on the Judiciary of the House of Representatives.