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






                                                       Calendar No. 936
110th CONGRESS
  2d Session
                                S. 2840

                          [Report No. 110-440]

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2008

  Mr. Schumer (for himself, Mr. Hagel, Mr. Menendez, Mr. Kennedy, Mr. 
 Specter, and Mr. Leahy) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

                             August 1, 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Military Personnel 
Citizenship Processing Act''.</DELETED>

<DELETED>SEC. 2. OFFICE OF THE FBI LIAISON.</DELETED>

<DELETED>    (a) Establishment.--Section 451 of the Homeland Security 
Act of 2002 (6 U.S.C. 271) is amended--</DELETED>
        <DELETED>    (1) by striking ``the Bureau of'' each place it 
        appears and inserting ``United States''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(g) Office of the FBI Liaison.--</DELETED>
        <DELETED>    ``(1) In general.--There shall be an Office of the 
        FBI Liaison in United States Citizenship and Immigration 
        Services.</DELETED>
        <DELETED>    ``(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 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).</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection.''.</DELETED>
<DELETED>    (b) Rulemaking.--Not later than 180 days after the date of 
the enactment of this Act, the Attorney General, in consultation with 
the Director of United States Citizenship and Immigration Services 
shall promulgate rules to carry out the amendment made by subsection 
(a)(2).</DELETED>

<DELETED>SEC. 3. DEADLINE FOR PROCESSING AND ADJUDICATING 
              NATURALIZATION APPLICATIONS FILED BY MEMBERS OF THE ARMED 
              FORCES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(g) Not later than 6 months after receiving each 
application filed under subsection (a) or section 329(a), United States 
Citizenship and Immigration Services shall--</DELETED>
        <DELETED>    ``(1) process and adjudicate the application; 
        or</DELETED>
        <DELETED>    ``(2) provide the applicant with--</DELETED>
                <DELETED>    ``(A) an explanation for its inability to 
                meet the processing and adjudication deadline under 
                this subsection; and</DELETED>
                <DELETED>    ``(B) an estimate of the date by which the 
                application will be processed and 
                adjudicated.</DELETED>
<DELETED>    ``(h) The Director of United States Citizenship and 
Immigration Services shall notify the Attorney General of every 
application filed under subsection (a) or section 329(a) that is not 
processed and adjudicated within 1 year after it was 
filed.''.</DELETED>
<DELETED>    (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 Services.</DELETED>
<DELETED>    (c) Annual Report.--The Director of United States 
Citizenship and Immigration Services shall annually submit a report to 
Congress that sets forth, for each year, the average time between the 
date on which an application is filed under section 328(a) or section 
329(a) and the date on which the application is adjudicated.</DELETED>

<DELETED>SEC. 4. SUNSET PROVISION.</DELETED>

<DELETED>    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.</DELETED>

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.
                                                       Calendar No. 936

110th CONGRESS

  2d Session

                                S. 2840

                          [Report No. 110-440]

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                             August 1, 2008

                       Reported with an amendment