II Calendar No. 936 110th CONGRESS 2d Session S. 2840 [Report No. 110–440] 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.
1.
Short title
This Act may be cited as the Military Personnel Citizenship Processing Act.
2.
Office of the FBI Liaison
(a)
Establishment
Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is amended— (1)by striking the Bureau of each place it appears and inserting United States; and (2)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 United States Citizenship and Immigration Services. (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). (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 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).
3.
Deadline for processing and adjudicating naturalization applications filed by members of the Armed Forces
(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 each application filed under subsection (a) or section 329(a), United States Citizenship and Immigration Services shall— (1)process and adjudicate the application; 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 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. . (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. (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.
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.
1.
Short title
This Act may be cited as the Military Personnel Citizenship Processing Act.
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).
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.
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.
August 1, 2008 Reported with an amendment