[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[House]
[Pages H12771-H12773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 2884) to assist members of the Armed
Forces in obtaining United States citizenship, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2884
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 ``Kendell Frederick
Citizenship Assistance Act''.
SEC. 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 that is part of 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.
1439-1440);
(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) Most Timely and Effective Adjudication.--Nothing in
this section shall preclude an individual described in
subsection (a) from submitting new fingerprints to the
Secretary of Homeland Security. If the Secretary of Homeland
Security determines that submitting new fingerprints would
result in more timely and effective adjudication of the
individual's naturalization application, the Secretary shall
inform the individual that submitting new fingerprints would
result in more timely and effective adjudication of the
individual's naturalization application, along with a
description of how to submit new 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 make such prints available to the
Secretary of Homeland Security for the purpose described in
subsection (a) without charge and shall otherwise cooperate
with the Secretary of Homeland Security in fulfilling the
Secretary's satisfaction of the requirement under subsection
(a).
SEC. 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. 1439-1440), the Secretary of
Homeland Security shall update as necessary the appropriate
Internet site or sites maintained by the Secretary to reflect
such modification.
(b) Sense of Congress.--It is the sense of the Congress
that the Secretary of Homeland Security should update as
necessary the appropriate application form or forms
promulgated by the Secretary not later than 180 days after an
effective date described in subsection (a).
SEC. 4. REPORTS.
(a) Adjudication Process.--Not later than 120 days after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report 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. 1439-1440), including the process
that 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, through the final disposition of such application.
Such report shall include a description of--
(1) the methods of the Secretary of Homeland Security and
the Secretary of Defense to prepare, handle, and adjudicate
such applications;
[[Page H12772]]
(2) 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
(3) 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 that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this Act by the Secretary of Homeland
Security or the Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
H.R. 2884, the Kendell Frederick Citizenship Assistance Act, pays
tribute to the memory of 21-year-old Army Reserve Specialist Kendell K.
Frederick, who was killed in Iraq while attempting to become an
American citizen.
Specialist Frederick was born in Trinidad and immigrated to the
United States when he was 15 to join his mother, stepfather, and two
sisters. He attended Randallstown Senior High in Baltimore County,
Maryland, where he joined the school's ROTC program. Specialist
Frederick enlisted in the Army Reserve in his senior year and was
deployed to Iraq in December of 2004. As he was serving our country,
Specialist Frederick sought to apply for U.S. citizenship; yet one
bureaucratic hurdle after another delayed his application.
First, the U.S. Citizenship and Immigration Service failed to route
his application to the unit that processed naturalization applications
for members of the military. That agency then rejected his application
for failure to pay an application filing fee, despite the fact that
active military personnel applying for U.S. citizenship do not need to
pay a filing fee.
Thereafter, this agency directed Specialist Frederick to get his
fingerprints taken in Maryland, despite the obvious fact that he was
deployed in Iraq at the time. Also, he had recently had his
fingerprints taken and undergone a background check when he enlisted in
the Army Reserve. When his mother called the agency's ``help line,''
she was told that there was nothing that could be done.
After trying for more than a year to become a U.S. citizen and having
his application rejected and delayed as a result of various
bureaucratic failings, Specialist Frederick was forced to travel on a
convoy to a base where he could get his fingerprints taken for his
naturalization application. Tragically, he was killed en route by a
roadside bomb. Specialist Frederick was posthumously granted U.S.
citizenship a week after his death.
H.R. 2884 would remove unnecessary procedural hurdles like the one
Specialist Frederick faced for naturalization applicants who are
serving or who have recently served in the military. It would require
the Department of Homeland Security to use the fingerprints provided by
military naturalization applicants at the time of their enlistment in
the Armed Forces if the applicants were fingerprinted in accordance
with DOD requirements, if the naturalization applications are filed
within 24 months of enlistment, and if the fingerprints are deemed
sufficient by the Department of Homeland Security for naturalization
purposes.
The bill would require DHS to inform a member of the armed services
applying for naturalization when submitting new fingerprints would
result in a more timely and effective adjudication of the
naturalization application along with the description of how to submit
the new fingerprints.
It would also ensure that the DOD complies with the requirements of
this bill so that fingerprints they hold are sent to DHS. It would
clarify the time frame in which DHS is required to publicize changes in
regulations and forms regarding the naturalization of members of the
Armed Forces. And, finally, it would promote accountability by
requiring the GAO to report on the naturalization process for Armed
Forces members.
Approximately 35,000 lawful permanent residents are currently serving
in our Armed Forces. More than 13,000 noncitizen members of the
military have applied for U.S. citizenship since 2002.
This is an excellent bill that will help ensure that from now on,
American soldiers do not face the kinds of unnecessary and unreasonable
hurdles to American citizenship that cost Specialist Frederick his
life.
I urge my colleagues to support the bill and would note that this was
passed unanimously out of the House Judiciary Committee. I urge my
colleagues, again, to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Specialist Kendell Frederick was a 21-year-old U.S. Army
soldier serving in Iraq. He dreamed of becoming an American citizen. He
was born in Trinidad and came to this country when he was 15 years old.
Specialist Frederick joined ROTC while in high school, and he joined
the Army after he graduated.
I want to make the point about how important ROTC is in the
recruitment of our military personnel and having that available at the
high school and also at the college level. And I reflect, as mention
was made in the previous debate about the Purple Heart and George
Washington, the historians that I talk to point out to me that George
Washington most likely received his commission to command the
Continental Army outside the gates of Harvard near the commons. And
it's interesting also that the ROTC recruiters aren't allowed on that
campus. But they were allowed on the campus that recruited Specialist
Kendell Frederick.
On October 19, 2005, very sadly, Kendell Frederick was killed by a
roadside bomb while traveling in a convoy to a base. He was granted
U.S. citizenship posthumously, but he never knew that he was an
American citizen. Tragically, the very reason that he was in the convoy
that day was to get fingerprinted in order to achieve his dream of
citizenship.
He had been trying to become an American citizen for over a year,
having started the process while he was in training. His mother and his
sergeant in Iraq tried to help him, but they didn't know the rules. His
efforts to become a citizen were thwarted by bureaucratic
misinformation and other obstacles.
Although he was fighting for our country in Iraq, he was told that he
had to have his fingerprints retaken in Maryland. When his mother
called 1-800-IMMIGRATION, a USCIS, that is, U.S. Citizenship and
Immigration Services, hotline for immigration assistance and tried to
explain that he was fighting in the war and could not come home to
Baltimore to be fingerprinted, she was told that there was nothing that
they could do. Not a very good answer from a government that has people
who put their lives on the line for our freedom.
This is wrong, Mr. Speaker. And it is intolerable that our soldiers
are unable to get correct information, particularly with regard to the
citizenship that they fight to defend. They should be given every
possible assistance in applying for citizenship.
H.R. 2884 provides that a soldier who submits a naturalization
application
[[Page H12773]]
within 24 months of enlistment can have that application process using
the fingerprints that were taken at the time of enlistment. This is a
very simple, very commonsense solution, and it's too bad that Congress
has to take action on this to get this kind of a thing done, but it is
dealt with the kind of compassion for patriotism that I think reflects
the Members of this Congress, both sides of the aisle, and the people
of this country.
Mr. Speaker, I am pleased to support H.R. 2884 to honor Specialist
Frederick and all of our permanent resident servicemembers who seek
citizenship.
{time} 1315
I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I would like to recognize
the author of this bill, the gentleman from Maryland (Mr. Cummings),
for 5 minutes.
Mr. CUMMINGS. To Chairwoman Lofgren, I want to thank you for your
leadership. And certainly to Chairman Conyers and the ranking member
and ranking member of the subcommittee, I want to thank all of you for
getting this bill to the floor. Finally, I want to thank the
professional staff on the Judiciary Subcommittee on Immigration for
working so diligently with my staff to bring this legislation again to
the floor of the House.
Mr. Speaker, the Kendell Frederick Citizenship Assistance Act truly
is a step towards correcting and honoring our non-citizen
servicemembers, many of whom continue to serve in Iraq and Afghanistan.
It is appropriate, therefore, that we consider this legislation as we
approach Veterans Day, honoring all who have risked their lives to
protect our own.
I introduced the Kendell Frederick Citizenship Assistance Act to
ensure that those who are willing to fight relentlessly on the
battlefield to protect our great Nation do not have to also battle
through a drawn-out citizenship process. Specifically, H.R. 2884 will
assist our noncitizen servicemen and -women on the road to citizenship
by making the following needed adjustments:
Requiring the United States Department of Homeland Security to use
the fingerprints taken by the Defense Department at induction for
citizen applications;
Requiring noncitizen military servicemembers to submit their
citizenship applications within 24 hours of enlistment;
Requiring the Department of Defense and DHS to determine a single
acceptable format for fingerprint submission;
Requiring DHS to update appropriate application forms for
naturalization, the instruction and guidebook for obtaining
naturalization, and the DHS Web site when naturalization procedures
pertaining to members of the Armed Forces are changed; and
Ensuring efficiency and accountability to Congress by requiring the
Government Accountability Office to report on DHS's training of
personnel, methods and effectiveness in adjudicating applications by
members of the Armed Forces.
Mr. Speaker, this legislation honors the memory of a young man from
my district, 21-year-old Army Reserve Specialist Kendell K. Frederick.
He was a resident of Baltimore County and a native of Trinidad who was
stationed in Iraq and died while trying to journey to another post in
order to meet the citizenship application fingerprinting requirement.
In other words, if he didn't have to go through the changes that he
went through, he probably would still be with us today. And one of the
interesting things that was mentioned a little bit earlier, he was part
of the ROTC process, but he was also a young man, when he entered the
military, he entered and made agreement to serve in the military for 8
years. I mean, even knowing that there was a war going on, he bravely
said, I want to serve my country. And he claimed this as his country
and still went out there and fought, but he wasn't even a citizen yet
of our country.
Namely, after trying for more than a year to become a citizen and
having his application delayed at least five times due to
miscommunication and misinformation in processing his fingerprints,
keep in mind the reason why he was killed was he was on his way trying
to get his fingerprints done over there in Iraq, Specialist Frederick
had no choice but to travel with a convoy to a base to resolve this
issue. Unfortunately, he was killed on the way by a roadside bomb,
never realizing his dream of becoming an American citizen. And the
interesting thing is that he was in the last vehicle of the convoy.
Mr. Speaker, Specialist Frederick embraced a Nation that had failed
to fully embrace him by honoring him with citizenship during his
lifetime. And it's interesting I think that it was a day or so after he
died, then they gave him citizenship. That is why I urge my colleagues
to vote in favor of H.R. 2884 to make certain that no other soldier who
wants to be a citizen will have to jump through unnecessary
bureaucratic hoops. These outstanding noncitizen soldiers such as
Specialist Frederick have made the choice to give voluntarily to our
Nation by fighting the terrorist groups that threaten us, putting their
lives on the line, sacrificing their blood, their sweat, their tears,
and their lives.
I urge my colleagues to please vote in favor of this legislation. I
know his mother is watching, and I know that she will be very moved.
This is something that has been a long journey for her. And with that,
I thank the gentlelady for your courtesy.
Mr. KING of Iowa. Mr. Speaker I yield myself such time as I may
consume just for a brief conclusion for this.
I want to thank my colleagues for their work on this. I thank the
gentleman for coming to the floor to speak up and speak on behalf of
Kendell Frederick and the memory and the legacy that he leaves here for
us in this country; one of many who stepped forward to defend this
country; one of, tragically, too many who lost their lives. And his
life has contributed in a number of ways, one of them being the freedom
that he helped to protect and the safety and security of the American
people, and another, always this legacy of this bureaucratic snafu that
will, I pray, forever be straightened out by this bill, the Kendell
Frederick bill.
So I urge adoption of this bill, and I thank my colleagues.
Mr. Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I would just close by
noting that the mishandling of this application is just infuriating to
read through what happened and to have lost this young man who
volunteered for our service in such a way is so distressful. But I
think we can take a stand by supporting this bill named in Kendell
Frederick's honor to make sure this does not happen to another
serviceman or servicewoman and also that his family can know that in
addition to serving in Iraq, he served as a model for a change in the
law and that they may take some comfort with that.
So I urge passage of the bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the bill, H.R. 2884, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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