[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2840 Enrolled Bill (ENR)]
S.2840
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 establish a liaison with the Federal Bureau of Investigation in
United States Citizenship and Immigration Services to expedite
naturalization applications filed by members of the Armed Forces and to
establish a deadline for processing such applications.
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 ``Military Personnel Citizenship
Processing Act''.
SEC. 2. OFFICE OF THE FBI LIAISON.
(a) Establishment.--Section 451 of the Homeland Security Act of
2002 (6 U.S.C. 271) is amended by adding at the end the following:
``(g) Office of the FBI Liaison.--
``(1) In general.--There shall be an Office of the FBI Liaison
in the Department of Homeland Security.
``(2) Functions.--The Office of the FBI Liaison shall monitor
the progress of the functions of the Federal Bureau of
Investigation in the naturalization process to assist in the
expeditious completion of all such functions pertaining to
naturalization applications filed by, or on behalf of--
``(A) current or former members of the Armed Forces under
section 328 or 329 of the Immigration and Nationality Act (8
U.S.C. 1439 and 1440);
``(B) current spouses of United States citizens who are
currently serving on active duty in the Armed Forces, who
qualify for naturalization under section 319(b) of the
Immigration and Nationality Act (8 U.S.C. 1430(b)), and
surviving spouses and children who qualify for naturalization
under section 319(d) of such Act; or
``(C) a deceased individual who is eligible for posthumous
citizenship under section 329A of the Immigration and
Nationality Act (8 U.S.C. 1440-1).
``(3) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
subsection.''.
(b) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Attorney General, shall promulgate rules to carry
out the amendment made by subsection (a).
SEC. 3. DEADLINE FOR PROCESSING AND ADJUDICATING NATURALIZATION
APPLICATIONS FILED BY CURRENT OR FORMER MEMBERS OF THE ARMED FORCES AND
THEIR SPOUSES AND CHILDREN.
(a) In General.--Section 328 of the Immigration and Nationality Act
(8 U.S.C. 1439) is amended by adding at the end the following:
``(g) Not later than 6 months after receiving an application for
naturalization filed by a current member of the Armed Forces under
subsection (a), section 329(a), or section 329A, by the spouse of such
member under section 319(b), or by a surviving spouse or child under
section 319(d), United States Citizenship and Immigration Services
shall--
``(1) process and adjudicate the application, including
completing all required background checks to the satisfaction of
the Secretary of Homeland Security; or
``(2) provide the applicant with--
``(A) an explanation for its inability to meet the
processing and adjudication deadline under this subsection; and
``(B) an estimate of the date by which the application will
be processed and adjudicated.
``(h) The Director of United States Citizenship and Immigration
Services shall submit an annual report to the Subcommittee on
Immigration, Border Security, and Refugees and the Subcommittee on
Homeland Security of the Senate and the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law and the
Subcommittee on Homeland Security of the House of Representatives that
identifies every application filed under subsection (a), subsection (b)
or (d) of section 319, section 329(a), or section 329A that is not
processed and adjudicated within 1 year after it was filed due to
delays in conducting required background checks.''.
(b) GAO Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a report to
Congress that contains the results of a study regarding the average
length of time taken by United States Citizenship and Immigration
Services to process and adjudicate applications for naturalization
filed by members of the Armed Forces, deceased members of the Armed
Forces, and their spouses and children.
SEC. 4. SUNSET PROVISION.
This Act and the amendments made by this Act are repealed on the
date that is 5 years after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.