[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2840 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 2840

_______________________________________________________________________

                                 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.

            Passed the Senate September 24 (legislative day, September 
      17), 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 2840

_______________________________________________________________________

                                 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.